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

Vol. 162 WASHINGTON, WEDNESDAY, FEBRUARY 24, 2016 No. 29 House of Representatives The House met at 10 a.m. and was In Nevada, the form of participation class, retired, students, military, ex- called to order by the Speaker pro tem- is the caucus, and it requires a greater ecutives. Nevada put on a display of pore (Mr. DUNCAN of Tennessee). time commitment than simply punch- how much progress our Nation has f ing a ballot at your local precinct. Yet, made in a few decades. I witnessed thousands of people who I saw the energy and the determina- DESIGNATION OF SPEAKER PRO were taking hours away from their tion of young voters, new voters, newly TEMPORE jobs, at their own expense in many 18, newly citizens, newly engaged in The SPEAKER pro tempore laid be- cases, to participate in that process. the political process. Everywhere I fore the House the following commu- You can’t come away from that kind have traveled, including the high nication from the Speaker: of activity and not be inspired that schools in my district in Illinois, I see WASHINGTON, DC, Americans are taking their right to 17- and 18-year-old Latinos anxious and February 24, 2016. vote, their opinions about who should eager to participate, and they are mo- I hereby appoint the Honorable JOHN J. be the next nominee of their party or tivated to register and vote and in- DUNCAN, Jr. to act as Speaker pro tempore the next President very seriously. It spired by their candidates and their on this day. was really remarkable. parties. PAUL D. RYAN, Speaker of the House of Representatives. Still, there were some people I spoke Today, tomorrow, and every day for with who could not afford to take decades about 2,000 U.S.-born Latino f hours away from their jobs, some be- citizens of the United States will turn MORNING-HOUR DEBATE cause they couldn’t get permission and 18 and be eligible to vote. Every day, The SPEAKER pro tempore. Pursu- others because they simply could not 2,000 of them turn 18, and they are ant to the order of the House of Janu- afford to give up a couple of hours of eager to get involved. ary 5, 2016, the Chair will now recog- wages, clock out to vote, even when it There is a similar energy in the peo- nize Members from lists submitted by means not having your vote count. ple I meet who are applying for citizen- the majority and minority leaders for Las Vegas, where I was, is a 24/7 ship. There are over 8 million immi- morning-hour debate. working city; and for many, Saturday grants with green cards who are eligi- The Chair will alternate recognition is the busiest day of the week, espe- ble to apply for citizenship right now. between the parties, with each party cially for tips. And with fee waivers for those with limited to 1 hour and each Member This election year, as we travel limited funds, many of them can apply other than the majority and minority around our districts or campaign in for free. And they are applying in leaders and the minority whip limited other States, I hope my colleagues in droves. to 5 minutes, but in no event shall de- both parties will really examine how This coming Saturday, I will be at a bate continue beyond 11:50 a.m. local governments and States are fa- workshop in Denver, Colorado, for peo- f cilitating or disenfranchising Amer- ple learning about the process and ap- ican citizens who are eligible to vote. plying for citizenship. BROAD AND DIVERSE SEGMENT In Nevada, participation in a caucus A coalition of groups led by the Na- OF VOTERS at a set time of the day with little or tional Partnership for New Americans The SPEAKER pro tempore. The no flexibility serves almost like a poll but also encompassing Mi Familia Chair recognizes the gentleman from tax for hourly workers. Voters have to Vota, a range of labor unions, and ad- Illinois (Mr. GUTIE´ RREZ) for 5 minutes. weigh the power of their vote against vocacy groups large and small across 30 Mr. GUTIE´ RREZ. Mr. Speaker, I am dollars that would not be in their pock- States have invited me to participate not here to give a political speech. This ets if they exercise that vote. in this nonpartisan activity to promote is not the right venue for that. But I If you can vote, you should vote, and civic engagement and citizenship in would like to share some observations we should make sure that the laws of immigrant communities across this I have about visiting Nevada last week. our Nation and our communities en- country. Their goal is to help 1 million The first observation is that among a courage rather than discourage the eligible immigrants become citizens so broad and diverse segment of voters, participation of every citizen. they can vote in primaries and general there is a great deal of excitement Another striking observation I made elections this year and make sure they about the political process. It almost over the weekend was the diversity of are at America’s table. doesn’t matter which candidate people the American electorate: women and In communities like Denver and Chi- prefer or even which party, there is so men, straight and gay, U.S.-born and cago, there is a hunger for citizenship much enthusiasm to participate. naturalized, old and young, working despite all the barriers, despite the

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A24FE7.000 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H858 CONGRESSIONAL RECORD — HOUSE February 24, 2016 costs, and despite the anti-immigrant cut an average of almost 50 percent pelling documentary on the opioid and tone coming from our TVs and can- since 2010 and are again on the chop- heroin epidemic. We are now seeing didates. In fact, it is the anti-immi- ping block. politicians diving in. Governors across grant tone that people tell me over and Greek tax rates are exploding. In- the country are sounding the alarm. It over is what is motivating them to come taxes on farmers have doubled is being featured by Presidential can- apply, study for the tests, and better from 13 percent to 26 percent. Self-em- didates in both parties. their English. ployed professionals and farmers say President Obama’s budget has some It is that energy that gives me great proposed social security and income very good suggestions highlighting confidence in our Nation and in the di- tax increases will combine to consume tools to reduce drug overuse, overdose, rection our Nation is heading this year. as much as 75 percent of their incomes. evidence-based prevention programs, Immigrants are a part of a growing Greece’s banking system is on the prescription drug monitoring, and pre- American coalition of working class brink. In the summer of 2015, pre-Euro- scription take-back events. There are a voters: women, straight people and pean bailout, the Greek Government variety of things that are going in the LGBT, environmentalists, Latino, froze citizens’ bank accounts, limiting right direction. Asians, Black, White, old and young, cash withdrawals from ATMs to $67 per Yet, it is a little frustrating for me Muslim and Christians, Jewish and ag- day. Greeks could not even access their that the simplest, cheapest, safest so- nostic. They are coming together and own money. lution to help these troubled people is mobilizing. Post-bailout and as Greeks began not embraced: medical marijuana. Together, even as some politicians fearing their savings accounts would be Actually, the public is largely there. push them away and try to divide up confiscated to pay for government For the last 20 years, the tide has been with suspicions of our fellow Ameri- debt, as occurred in nearby Cyprus— building for medical marijuana, even cans, together, their diversity and yet another insolvent country—Greeks as the crisis on opioids has slowly dedication to democracy is a beautiful withdrew cash from banks. started to take hold. It began with thing to witness. The run on banks caused the Greek voter approval in California in 1996 and f Government to intervene and limit the in Oregon 2 years later. Now 23 States AMERICA: LEARN FROM GREECE right of Greek citizens to withdraw have legalized medical marijuana, and INSOLVENCY DAMAGE their own money, which caused citizens two-thirds of Americans live in States to cut deposits into Greek banks, where at least some form of medical The SPEAKER pro tempore. The which undermined the Greek banking marijuana is authorized. Chair recognizes the gentleman from system, which dried up the availability There is a reason for this movement. Alabama (Mr. BROOKS) for 5 minutes. A meta-analysis of 79 studies in The Mr. BROOKS of Alabama. Mr. Speak- of loans for new business needed to cre- Journal of the American Medical Asso- er, nonpartisan Congressional Budget ate jobs in a rebounding economy. ciation found solid evidence that med- Office data reveals that America’s fi- Violent demonstrations are result- ical marijuana is effective in treating nancial condition has taken a sharp, ing. For example, on February 4, 2016, chronic pain. There is no evidence of ugly turn for the worse. America’s esti- Athens, Greece, ABC News reported: serious side effects among medical mated 2016 deficit is $105 billion worse ‘‘Riot police have used tear gas in marijuana users who are actually less than 2015’s already dangerous $439 bil- clashes with protesters during a mass likely to drink alcohol or take other lion deficit. rally in Athens as Greeks dem- America’s debt has blown through onstrated against government pension painkillers. And those States with the $19 trillion mark and is projected reforms needed to meet demands of medical marijuana actually have fewer to blow through the $29 trillion mark international creditors.’’ overdose deaths. Isn’t this worth exploring? Especially in a decade. Mr. Speaker, there is an old adage America’s Comptroller General and that ignorance is bliss. I don’t know when there is evidence that avail- CBO warn that America’s financial about that, but I do know that igno- ability of medical marijuana path is ‘‘unsustainable,’’ meaning rance is dangerous. dispensaries is associated with a sig- America faces a debilitating insolvency In 2009, Greece spent 3.2 percent of nificant decrease in substance abuse unless we get our financial house in GDP on its national defense. Five years admissions and a reduction in opioid order. later, Greek defense spending was cut overdose deaths. Mr. Speaker, those who do not learn to 2.3 percent of GDP, a 28 percent cut. Recently, we have even had former from history are doomed to repeat it. Now, perhaps the world will not suf- NFL players come out and describe In that vein, America must learn fer from Greece’s defense spending how they used medical marijuana to from Greece, a country betrayed by cuts, but what would be the effect on self-medicate rather than being shot up decades of financially irresponsible world peace if America’s defense spend- with painkillers by team doctors and leadership. In the past 5 years, Greece ing suffered a similar fate? being prescribed opioid pills. has repeatedly failed to meet its debt Mr. Speaker, time is running out. What is perhaps most frustrating for obligations and subsisted on three bail- Washington must balance the budget me is the wrong-headed approach that outs from the European Union. before America’s debt burden spirals prohibits Veterans Administration doc- The result? out of control before it is too late to tors from even talking to their pa- The Greek economy is in a shambles. prevent the debilitating insolvency and tients about medical marijuana in the Greece has a 52 percent labor participa- bankruptcy that awaits us. States where it is legal. That is ironic tion rate, 10 points worse than here in I pray the American people will be because the VA has its own veterans America. Greece’s unemployment rate good stewards of our Republic in 2016 health crisis because their patients are was recently 25 percent, approximating and elect Washington officials who dying from prescription overdoses at America’s worse unemployment rate in both understand the threat posed by rates twice the national average. the Great Depression. Worse yet, deficits and debt and have the back- Opioid prescriptions by VA doctors Greeks under the age of 25 suffer from bone to fix it. Quite frankly, Mr. have surged 270 percent over the last 12 a 48 percent unemployment rate. Speaker, America’s future depends on years. They are prescribing signifi- Financial irresponsibility ultimately it. cantly more opioids to patients suf- forces draconian austerity spending f fering from PTSD and depression than cuts. Greece has cut public health care other veterans, even though those are spending from 6.8 percent of GDP in OPIOID ABUSE/MEDICAL the patients most at risk of overdose 2010 to roughly 5 percent today, there- MARIJUANA and suicide. Nearly 1 million veterans by risking Greek lives. Cancer screen- The SPEAKER pro tempore. The who receive treatment for pain con- ing has been cut. HIV, tuberculosis, Chair recognizes the gentleman from tinue to consume those pills beyond 90 and malaria rates have surged as fewer Oregon (Mr. BLUMENAUER) for 5 min- days. Greeks receive proper treatment. utes. It is clear that most veterans would The public pensions Greek elderly Mr. BLUMENAUER. Mr. Speaker, probably be better off if we more fully citizens rely on for survival have been last night Frontline on PBS had a com- utilized medical marijuana to treat

VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.002 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 24, 2016 CONGRESSIONAL RECORD — HOUSE H859 conditions of pain, depression, and wasn’t until 1977 that Congress granted These women must receive the rec- PTSD. them veteran status; and then in 2002, ognition that they are due. We must b 1015 the Arlington National Cemetery de- give them back the right that they cided to allow the WASP, among others earned, to be buried at Arlington. At the very least, we ought to allow listed as Active Duty designees, to re- Thank you very much to these brave the Veterans Administration doctors ceive benefits consistent with the sta- patriots. to work with their patients on this tus that they had so rightfully earned. matter. That is why I will again be in- Unfortunately, last year, the Depart- f troducing my amendment that would ment of the Army rescinded this deci- REAUTHORIZATION OF CHILD make it clear that VA doctors in sion and ruled that the WASP were in- NUTRITION PROGRAMS States where it is legal can work with eligible for burial at that site, citing a their patients on medical marijuana. lack of space. The SPEAKER pro tempore. The Since I first introduced this legisla- This is simply unacceptable, Mr. Chair recognizes the gentleman from tion, I have watched growing support Speaker. These women deserve to be Pennsylvania (Mr. COSTELLO) for 5 min- on the floor of the House for an amend- treated honorably, and our military utes. ment that would accomplish this. branch should allocate the necessary Mr. COSTELLO of Pennsylvania. Mr. There has been interest in the Senate. space to accommodate these coura- Speaker, I rise today in support of ef- Veterans groups are aware of this dis- geous women who sacrificed so much forts to reauthorize child nutrition crimination and the Veterans Adminis- for our country. programs. tration’s sorry record when it comes to We cannot just consider these women Last year the House and the Senate helping our veterans with these chron- to be ineligible. These honorable worked together in a bipartisan fashion ic conditions by using conventional women answered the call to serve dur- to reauthorize our elementary and sec- painkillers that lead to addiction and ing World War II. They did not turn ondary education programs. I rise death. their backs on the American people nor today to urge my colleagues on both Medical marijuana appears safer, ef- on their fellow servicemen. Their sides of the aisle to carry forward that fective, and is a low-cost way to deal rights at Arlington National must be momentum to complete a much-needed with chronic pain. Nobody dies from an restored. We have to do this for the review and renewal of Federal child nu- overdose of medical marijuana. Let’s present and future generations to trition programs. In doing so, Mr. add this to our discussion, promote come. Speaker, I would urge my colleagues to more effective research, and let VA Today, women in our military fly employ similar goals and objectives: doctors meet with their patients to every type of aircraft, from the F–15 to simplify, streamline, and empower talk about this as an alternative. the space shuttle, and I know this be- State and local education agencies f cause my daughter-in-law, Lindsay when reauthorizing these programs. Nelson Lehtinen, has flown combat In particular, this approach can ben- SUPPORTING THE RIGHTS OF THE missions both in Iraq and Afghanistan efit our students and families by find- WOMEN AIRFORCE SERVICE PI- for the Marines. This opportunity was ing a path forward to simplify and LOTS afforded to Lindsay thanks to the serv- streamline existing Federal nutrition The SPEAKER pro tempore. The ice of the Women Airforce Service Pi- and meal requirements without sacri- Chair recognizes the gentlewoman from lots. They were the trailblazers. They ficing the beneficial dietary value that Florida (Ms. ROS-LEHTINEN) for 5 min- set the stage for women in the mili- school meals bring to students’ daily utes. tary. lives. Much like we empowered our Ms. ROS-LEHTINEN. Mr. Speaker, as I have been fortunate enough to per- teachers to establish the curriculum the author of legislation that awarded sonally meet some of these heroic and standards to best teach students the Congressional Gold Medal to the women. As pictured in this poster, I they know so well, we likewise should Women Airforce Service Pilots, better presented south Florida WASP Ruth empower those who know what our stu- known as the WASP, I rise in strong Shafer Fleisher and Frances Sargent dents will actually eat: the school pro- support of this bill, H.R. 4336, the with copies of the bill that I introduced fessionals who work with the goal of Women Airforce Service Pilots Arling- and passed in Congress with the help of making sure our children are able to ton Inurnment Restoration Act, pre- SUSAN DAVIS, and which was signed by enjoy healthy, nutritious meals. sented by the gentlewoman from Ari- the President, that honored the invalu- Likewise, we can use this oppor- zona (Ms. MCSALLY), my great friend able contributions of these heroic fe- tunity to continue efforts to ensure and colleague. This legislation seeks to male pilots. We had this celebration at that our existing Federal nutrition restore eligibility to these brave the Wings Over Miami Air Museum, programs are providing adequate and women pioneers for burial at Arlington which has served as the foundation for appropriate training to school profes- National Cemetery with full military our community to learn more about sionals, as well as the resources nec- honors. veterans and aviators, including our essary to improve and enhance our The WASP were the first women in proud WASP. school meal delivery system. U.S. history to fly our military air- Throughout my years in Congress, I Mr. Speaker, this opportunity will craft. During World War II, a time of have also had the pleasure of meeting allow us to strengthen existing pro- great global conflict, these courageous other south Florida WASP, including grams that strive to get nutritious women volunteered to fly noncombat Shirley Kruse, pictured here, Bee meals to children year-round, and at missions so that every available male Haydu, and Helen Wyatt Snapp. Al- earlier ages. Existing programs like pilot could be deployed in combat. though Frances and Helen are no the Summer Food Service Program can The WASP served our Nation without longer with us, they still live in our be enhanced and made more efficient hesitation and with no expectation of hearts and in our minds, and they are to make sure they effectively reach recognition or praise. More than 25,000 embedded in the rich history of our those children who are most in need of women applied for the program, but great Nation. quality, healthy meals. We can collabo- only 1,074 selected women earned their Mr. Speaker, we need to do what is rate with Head Start, afterschool, and wings. Between the years 1942 and 1944, right for our valiant, patriotic women early childhood programs to better en- the WASP logged more than 60 million and their wonderful families. The gage them in existing Federal pro- miles. With the exception of direct House Committee on Veterans’ Affairs grams that offer nutritious meals to combat missions, the WASP flew the will bring up Congresswoman young children most in need. same aircraft as male pilots. MCSALLY’s bill tomorrow, Thursday, We have a strong infrastructure in Although they took the military during a markup. I encourage all of our place to provide children and families oath, the WASP were not recognized as colleagues on both sides of the aisle to with quality, healthy meals, and we military personnel for their time in support and pass this important and have an excellent opportunity to im- service. Their patriotic contributions necessary bill so that we can continue prove these programs. I respectfully went unrecognized for many decades. It to honor these women pioneers. call on my colleagues on both sides of

VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.034 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H860 CONGRESSIONAL RECORD — HOUSE February 24, 2016 the aisle to work together to accom- North Carolina (Mr. JONES) for 5 min- sure on the administration and stop plish this effort before another school utes. funding Afghanistan. year comes to a close. Mr. JONES. Mr. Speaker, I have been Mr. Speaker, I have a poster here. LEVERAGING AND ENERGIZING AMERICA’S coming to the floor for weeks and The reason I bring this poster to the APPRENTICESHIP PROGRAMS ACT months to complain about the waste of floor is to show the sad tragedy of war. Mr. COSTELLO of Pennsylvania. Mr. money and life in Afghanistan. In the There is a wife and a little girl. The Speaker, I rise today in support of the last couple weeks, I had an opportunity husband and daddy is in a flag-draped Leveraging and Energizing America’s to read two articles. The first is titled, casket. Apprenticeship Programs Act, legisla- ‘‘This is How the Pentagon Wasted $17 The reason I bring this matter to the tion that I have cosponsored. Billion in Afghanistan,’’ by Emily floor is that I have signed over 11,000 In the midst of a slow economic re- Leayman. I would like to quote a cou- letters to families and extended fami- covery, one of the issues plaguing both ple of examples of the Pentagon’s lies who died in Afghanistan and Iraq. our workforce and our job creators is a waste that she describes in her article. Last Sunday I signed one letter for an persistent mismatch of employer needs The Pentagon spent ‘‘$8 billion for a Army sergeant who died in Afghani- and employee skills. Right now, 10 mil- failed drug war: Despite a 14-year ef- stan. Mr. Speaker, I thought: How sad. lion unemployed Americans are seek- fort, Afghanistan now leads the world How sad it is for that family. It is just ing work, while 4 million jobs remain in heroin production.’’ The Pentagon so sad. unfilled. Fortunately, this problem can also spent ‘‘$486 million for useless air- It doesn’t have to happen. We need to be solved with a bipartisan commit- craft: Speaking of planes, 20 planes debate bringing our troops home from ment to commonsense workforce devel- could not be flown, and most were sold Afghanistan, and we need to debate opment initiatives, as demonstrated by for scrap . . . Legislators like Senators stopping the funding for the war in Af- the Leveraging and Energizing Amer- John McCain and James Lankford are ghanistan. Mr. Speaker, before closing, I want to ica’s Apprenticeship Programs bill. fed up with the lack of accountability remind the House that this is the long- By promoting apprenticeship pro- in spending.’’ grams, this legislation creates opportu- est war in the history of America. I Senators MCCAIN and LANKFORD have don’t know who said it, but they said it nities for highly motivated workers to joined me in bringing to the public’s right: Afghanistan is the graveyard of earn a salary, while gaining the skills attention the lack of accountability in empires. they need to succeed in high-demand Afghanistan. It is astounding, to say I know there is going to be a head- fields. the least. I am proud to say that employers in stone that says that the empire known Mr. Speaker, last month John Sopko, my congressional district in south- as America spent so much blood and the Inspector General for Afghanistan eastern Pennsylvania have already rec- money in Afghanistan. It is financially Reconstruction, testified before the ognized the value of apprenticeship broke. We are $19.1 trillion in debt Senate Committee on Armed Services programs by making hundreds of these right now. opportunities available to those look- about a recent report he wrote on the Let’s bring our troops out of Afghani- ing to build their job training and waste in Afghanistan. In that report, stan. Let them fight the civil war skills. he exposed that the Pentagon paid $6 themselves and decide what they want I commend Congressman RODNEY million to buy nine male Italian for Afghanistan. DAVIS for his efforts on this legislation, goats—the reason they bought the Mr. Speaker, I ask God to please and I urge my colleagues on both sides goats from Italy was because they are bless our men and women in uniform, of the aisle to support it. blond in color—to send to western Af- bless the families of our men in uni- REAUTHORIZATION OF THE OLDER AMERICANS ghanistan to set up a farm and try to form. And, God, please continue to ACT boost the cashmere industry there in bless America. Afghanistan. Now, the Pentagon Mr. COSTELLO of Pennsylvania. Mr. f Speaker, I rise today in support of re- doesn’t even know where the goats are. authorizing the Older Americans Act. And the sad thing is, as Mr. Sopko said STOP ACT The Older Americans Act provides so- to the Senate, ‘‘We don’t know where The SPEAKER pro tempore. The cial and nutritional support to mem- the goats are. They might have been Chair recognizes the gentleman from bers of our senior population and their eaten’’—$6 million. Mr. Speaker, Amer- Florida (Mr. JOLLY) for 5 minutes. caregivers. Enacted in 1965, this legis- ican people could do a lot with $6 mil- Mr. JOLLY. Mr. Speaker, I rise today lation has improved health outcomes, lion, I assure you. And they wouldn’t to talk about an important congres- independence, and quality of life by of- be spending $6 million for nine goats, sional reform initiative that I have in- fering meal delivery, respite care, and that I am certain. troduced in this body. other essential services to the most The report that Mr. Sopko made ref- I have had the opportunity to study vulnerable members of our population. erence to is titled, ‘‘Report Cites Wast- Congress from virtually every angle. I Reauthorization of this legislation ed Pentagon Money in Afghanistan.’’ graduated from college as a young in- gives Congress an opportunity to mod- Mr. Speaker, the waste goes on and on tern who drove up here having never ernize multipurpose senior centers; im- and on, and yet we in the House every been north of Tennessee. As my prede- prove falls prevention and chronic dis- year will send more and more money to cessor said and I shared: I never ease self-management training; Afghanistan. We have already been thought I would meet a Member of strengthen laws to combat abuse, ne- there 14 years. We are going to be there Congress, much less have the great op- glect, and exploitation; and support another 8 years because President portunity and honor to be one. our local Area Agencies on Aging. Obama signed an agreement with Mr. Through virtually every staff role Mr. Speaker, I offer my support to Ghani to be there for 9 more years. We over the past 15 or 20 years, I have had work with my colleagues to review and have already been there 1 year, and a chance to study this body. There are advance the legislation passed by the that means 8 more years. That is 22 a few experiences now, as a sitting United States Senate last year, as it is years. Member of Congress, that I simply can- an effort that will not only help pro- not accept. b 1030 tect seniors across my district and the One of them—the most pressing one— U.S., but will ensure that our existing General Campbell, who has been the is the amount of time that Members of Federal support programs are appro- leader in Afghanistan, but is leaving, Congress are expected or, in some priately tailored to meet the present- says that we need more years to train cases, directed to spend on raising day needs of our senior citizens. the Afghans to have a security force. I money. f guess we are going to be there 30 years. We all know it. Every Member of I will be dead and gone, for sure, by Congress understands that you arrive PENTAGON WASTEFULNESS IN then. with great expectations only to learn AFGHANISTAN What a waste of life and money in Af- the obligation to spend time raising The SPEAKER pro tempore. The ghanistan. It is time for this Congress money. There is a quiet anger among Chair recognizes the gentleman from to meet its responsibility and put pres- many Members about that.

VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.005 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 24, 2016 CONGRESSIONAL RECORD — HOUSE H861 It is not comfortable to talk about, Many will say the issue is dark From the earliest settlement of this frankly. This is one of the more un- money, the issue is transparency. Fine. great Nation through the founding of comfortable speeches I will ever give in We can have a campaign finance de- the railroads, the beginning of the well of this House. We must talk bate. But that is not what this is Meriwether Lewis’ adventure with Wil- about it. Because when does this be- about. This is about congressional re- liam Clark out West, John Brown’s come the expectation? form. raid, numerous Civil War battles and This is an orientation slide for fresh- I will close with this, Mr. Speaker. skirmishes, and the beginning of the men Members of Congress that was Each one of us made a promise to civil rights movement, Harpers Ferry produced by one of the two major par- roughly 700,000 people in the commu- has stood the test of time and watched ties of this Congress a few years back, nity from which we come and rep- our American history unfold. suggesting that, as a Member of Con- resent. We made a promise to do our As for the scenic beauty, none have gress, your first responsibility is 4 job, not to ask them for money. We described it better than one of our Na- hours a day not in your office, but took an oath. tion’s great founders, President Thom- across the street in a call suite asking We each took an oath, swearing to as Jefferson. After visiting Harpers people for money, another 1 to 2 hours uphold and defend the Constitution of Ferry on October 25, 1783, the author of a day networking and raising money, the United States. The last line of our the Declaration of Independence said and only 2 hours a day doing your job. oath says: ‘‘I will well and faithfully he viewed ‘‘the passage of the Potomac Members of Congress might have a discharge the duties of this office on River through the Blue Ridge as per- quiet anger, but the American people which I am about to enter.’’ haps one of the most stupendous scenes will have a very loud anger when they Friends, we are not well and faith- in nature.’’ understand that we are not accom- fully discharging the duties of this Let me tell you, this picture does not plishing things here because we are body when we are spending 20 hours a do the town justice. spending too much time raising money. week asking people for money and not Harpers Ferry is a national treasure Let’s turn that anger into resolve and doing our job. that has been enjoyed by millions of change this body and change Wash- We are not well and faithfully dis- families for centuries. This past July, ington forever. charging the duties of this office when however, this quaint town of only 283 Former Members of Congress are fundraising is the main business, when residents was struck by a large fire happy to talk about this, retiring we have Members missing votes to that swept through the downtown busi- Members who write confessions saying raise money, when the most important ness district and destroyed 10 busi- they spent 4,200 hours raising money, question sometimes among colleagues nesses, which is 30 percent of the com- former majority leaders of the other is not what legislation you are working mercial district, and 2 apartments. body now writing a book lamenting on, but how much money you have Even before the embers from the fire how much time they spent raising raised. We are not well and faithfully cooled, members of the community had money, a colleague of ours leaving this executing the duties of this House begun to take action and began making House calling fundraising the main when we are not doing our job. plans to rebuild. business of Congress. I stand here not to judge my col- The town council, the Merchants As- But what do they all have in com- leagues. I stand here to try to change sociation, and the community at large mon? They are all retiring or retired. the system. Let’s restore credibility to stepped up to take care of the people Why don’t we do something about it, as this House. Let’s honor the greatness who were displaced by the fire. Jobs sitting Members of Congress? Why of this body with greatness of integ- and housing were found for everyone don’t we fix this now when we have the rity, greatness of commitment, great- who needed them, and space was of- opportunity instead of lamenting it ness of resolve. fered for businesses that were able to when we are gone? Let’s recognize the great calling of immediately reopen. This is why I have introduced what I this body and the even greater calling The Harpers Ferry Historical Town call the Stop Act. It is very simple. It of this Nation. Let’s stand together Foundation established a fund to col- is 3 or 4 pages. Every Member of this today and change Washington forever. lect and distribute money to help dis- body can read it before they vote on it. Friends, colleagues, I urge you, while placed residents, businessowners, and It simply prohibits direct solicitation you are here and before retiring and la- employees meet their most immediate of a campaign contribution by a sitting menting the amount of time you spent needs. Member of Congress. raising money, cosponsor the Stop Act. Over the past several months, in ad- State legislators in the State of Flor- Join me in this effort to change Wash- dition to the support the fund received ida and across the country are often ington. from people who live in the eastern prohibited from directly soliciting. f There are 30 States where judges are panhandle of West Virginia, thousands elected, and they are prohibited from MESSAGE FROM THE PRESIDENT of visitors from across the country and directly soliciting contributions. A message in writing from the Presi- some from abroad have contributed to I want to say thank you to my col- dent of the United States was commu- this fund. leagues who have cosponsored this. In nicated to the House by Mr. Brian The president of West Virginia Uni- just over 3 weeks, we have six cospon- Pate, one of his secretaries. versity, Dr. G. Gordon Gee, brought a team to Harpers Ferry to help the town sors: Mr. NOLAN of Minnesota, Mr. f JONES of North Carolina, Messrs. and the town council establish a plan. DUFFY and RIBBLE of Wisconsin, and HARPERS FERRY, WEST VIRGINIA This plan enabled property owners to Messrs. MICA and NUGENT from my The SPEAKER pro tempore. The rebuild and restore their buildings, to State of Florida. Chair recognizes the gentleman from develop a marketing plan, and to pro- The message is very simple on this. West Virginia (Mr. MOONEY) for 5 min- vide engineering and archeological It says to Congress to get back to utes. services to prevent the demolition of work. Let’s do our job, the job we were Mr. MOONEY of West Virginia. Mr. their historical treasures. elected to do. We will never solve bor- Speaker, there are few places in our The superintendent of the Harpers der security and immigration reform. country that have both strong histor- Ferry National Historical Park, Re- We will never balance the budget. We ical significance and scenic beauty. becca Harriott, stepped forward with will never address national security Harpers Ferry is perhaps the greatest meeting spaces, security services, and and foreign policy. We will never ad- example of both. additional personnel to protect town dress tax reform if we have a part-time Harpers Ferry, West Virginia, was residents and visitors from the fragile, Congress in a full-time world. founded in 1734 by Robert Harper, who burned-out spaces. In any other profession, if you spend purchased the land for 50 guineas, or The Jefferson County Commission 20 to 30 hours a week doing a job other around $262. Over the next 282 years, provided in-kind and financial support than you are hired to do, you would be this quaint town was the backdrop for to reimburse the town for the unantici- fired. But, in Washington, we accept some of the most important events in pated expenses of fighting the fire and this as the political culture. American history. providing for safety in the middle of

VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.007 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H862 CONGRESSIONAL RECORD — HOUSE February 24, 2016 Harpers Ferry’s busiest part of the stopped by an overdose. First respond- declares the House in recess until noon tourist season. Local, State, and Fed- ers in Lake County, Illinois, have now today. eral officials were a constant and reas- saved over 56 lives in just a little over Accordingly (at 10 o’clock and 47 suring presence for the town. 1 year. That is 56 families who won’t minutes a.m.), the House stood in re- The town council and the Historic have to experience the same type of un- cess. Landmarks and Planning Commissions bearable pain as those who have lost a f have worked together to streamline loved one. 1200 processes and enable property owners With increased access, the World b to quickly move ahead with the res- Health Organization predicts that AFTER RECESS naloxone could save an additional toration of the burned buildings. The recess having expired, the House This past Monday I personally visited 20,000 lives each and every year. That is why I introduced a new bipartisan was called to order by the Speaker at Harpers Ferry in Jefferson County, noon. where I live with my wife and three piece of legislation this week with Con- f children, to see the progress that is gresswoman KATHERINE CLARK. being made to repair the structures. Our bill, Lali’s Law, will help States PRAYER increase access to naloxone. The bill is The mayor, Greg Vaughn, was kind named in memory of Stevenson High Bishop Perry Thompson, Freedom enough to show me around the dam- School graduate Alex Laliberte, who, Chapel International Christian Center, aged buildings and introduce me to sadly, passed away from a drug over- Washington, D.C., offered the following those who were impacted by the fire. I dose. prayer: can’t tell you how encouraging it was Alex, like many high school students, Emmanuel, the God of creation, pres- to see how the town has come together played sports at Stevenson High ence, and power, we honor You, the to rebuild after the fire. School. He did well at school. He cared true and only wise God, as Christ and Harpers Ferry is no stranger to dis- about his friends. He cared about his Lord and decree and declare Your prin- aster: war, fire, floods. This is a town family. But during his sophomore year ciples and patterns to be the common that endures. Today, Mr. Speaker, of college, he began being hospitalized thread through these walls and this au- Harpers Ferry is still open for business, for what was a mysterious illness. gust assembly of Representatives. still thriving, still an elegant and evoc- Unknown to his family and to the We declare this day that the Lord has ative journey into the formative years doctors, Alex had an addiction to pre- made a day of excellence and coopera- of our Nation. I invite you to come scription drugs and was being hospital- tion and decree it to be like no other visit. ized for his withdrawal. He would stay day. We remorse of all sin and short- f in the hospital until he received his fix, comings and acquiesce to the unction leave the hospital, and repeat the cycle HEROIN EPIDEMIC of the Shekinah glory of the Most again and again. He continued this pat- High. The SPEAKER pro tempore. The tern until he died of an overdose a few With expediency, deliver us from our Chair recognizes the gentleman from days after his final exams. enemies, for we flee unto Thee to hide Illinois (Mr. DOLD) for 5 minutes. The primary purpose, Mr. Speaker, of us. Teach us to do Thy will, for Thou Mr. DOLD. Mr. Speaker, I rise today this bill, is to help fund State programs art our God. Thy spirit is good. Lead us to discuss a problem that is near and that allow pharmacists to distribute into the land of uprightness. dear to my heart. naloxone without a prescription so We declare these blessings in the Cheaper than cigarettes and more ac- that we can prevent the repeat of name of the Lord and Savior. cessible than alcohol, heroin has be- Alex’s story. Amen in Jesus’ name. come a plague on communities all Many States use these programs to f across our country. Heroin takes a life allow local law enforcement officers to every 3 days in the Chicago suburbs. carry and use naloxone, just like the THE JOURNAL Unfortunately, a similarly deadly success we have already seen in Lake The SPEAKER. The Chair has exam- trend is taking place all over our Na- County. ined the Journal of the last day’s pro- The police officers in Lake County tion. ceedings and announces to the House Although heroin is not often consid- asked to be able to carry it because they would come to a scene often faster his approval thereof. ered a serious suburban problem, sta- Pursuant to clause 1, rule I, the Jour- tistics show the epidemic is quickly than the paramedics. They could re- spond within 5 minutes and refused to nal stands approved. growing. Nearly one-quarter of the peo- sit idly by and watch these people die f ple who try heroin become addicted, of an overdose. PLEDGE OF ALLEGIANCE and heroin deaths have literally quad- Lali’s Law is an example of what is rupled in the United States in less than possible when we set aside partisanship The SPEAKER. Will the gentle- a decade. and get to work for the people that we woman from California (Ms. HAHN) But the statistics don’t even begin to represent. Lali’s Law will bring Alex’s come forward and lead the House in the tell the whole story. As the co-chair of story to the United States Congress, Pledge of Allegiance. the Suburban Anti-Heroin Task Force here, and amplify the lifesaving bene- Ms. HAHN led the Pledge of Alle- in the State of Illinois, I have seen fits of Live4Lali’s hard work and the giance as follows: firsthand the deadly impact of these work that they did to pass a similar I pledge allegiance to the Flag of the drugs. piece of legislation in the Illinois State United States of America, and to the Repub- But I still can’t even begin to fathom Legislature. lic for which it stands, one nation under God, the pain of losing one of my children to It is my hope that, through this bi- indivisible, with liberty and justice for all. a drug overdose. I can’t imagine what partisan bill, Alex’s lasting legacy will f families throughout the country have include helping countless people get a WELCOMING BISHOP PERRY been put through because of this ter- second chance at recovery and saving THOMPSON rible drug. their families from unbearable heart- There is hope. Thanks to the great break. The SPEAKER. Without objection, work of the Lake County Opioid Initia- I urge my colleagues to support this the gentleman from Illinois (Mr. RUSH) tive, Live4Lali, and many other organi- bipartisan initiative and join us in the is recognized for 1 minute. zations in the 10th Congressional Dis- fight against heroin and prescription There was no objection. trict, we have already had tremendous drug abuse. Together we can truly save Mr. RUSH. Mr. Speaker, I rise today success saving lives with an overdose lives. to thank Bishop Perry N. Thompson of Richmond, Virginia, for offering the reversal aid called naloxone. f opening prayer. b 1045 RECESS A graduate of DeVry Institute of When used properly, naloxone helps The SPEAKER pro tempore. Pursu- Technology and Norfolk State Univer- restore breathing that has been ant to clause 12(a) of rule I, the Chair sity, Bishop Thompson is the senior

VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.008 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 24, 2016 CONGRESSIONAL RECORD — HOUSE H863 pastor of the Freedom Chapel Inter- Fortunately, after years of neglect, and the love of that Court, we honor national Christian Center here in Congress is starting to meet its respon- his memory by fulfilling the constitu- Washington, D.C., and Bishop Thomp- sibilities to protect and to restore this tional duty that the other body has to son oversees ministries abroad in irreplaceable resource. and the constitutional duty that the Brazil, Ecuador, Liberia, Mexico, Rus- In 1968, the Buffalo River, which President has to, which is to advise and sia, and Ukraine. drains into Lake Erie, was so contami- consent on a nomination made by the Mr. Speaker, Bishop Thompson is the nated that it was declared biologically President or not consent made by the Admissions and Financial Officer for dead. President of a Supreme Court Justice. the Supreme Court of the United Today, funded by the Great Lakes The claim that this is an 80-year States, the First Vice President of Ad- Restoration Initiative, the Federal precedent that has not been broken ministration for RBI Institute, and Government, local businesses, and the based upon the time that the President serves on the Executive Board of the Buffalo Niagara RIVERKEEPER are is now serving—332 days—there is no Apostolic World Christian Fellowship. working on a massive undertaking to such term as a lame duck in the United Mr. Speaker, Bishop Thompson is clean up and restore the river. Now we States Congress is incorrect. It was re- also the pastor of our beloved colleague expect it will be fishable and swim- cently done in 1988, under President Joyce Hamlett, Assistant Sergeant at mable within the next decade. Reagan, with Justice Kennedy, when Arms in charge of floor security. In the coming weeks, Congress will he was nominated by a Democrat-con- Mr. Speaker, again I thank Bishop begin to devise its spending plan for trolled Senate, 97–0. Perry N. Thompson for his excellent the year. I urge my colleagues to sup- It is important that we express to the work and for his being here today. port programs like the Great Lakes American people that we are willing to f Restoration Initiative, which support do our duty. I would adhere to the local economies, natural habitats, and Latin term in English: the last expres- ANNOUNCEMENT BY THE SPEAKER public health throughout the region. sion of the people prevail. The Presi- PRO TEMPORE f dent of the United States was duly elected in 2012. His term has not ended. The SPEAKER pro tempore (Mr. CLOSING GUANTANAMO RODNEY DAVIS of Illinois). The Chair I applaud the President for doing his will entertain up to 15 further requests (Mr. WILSON of South Carolina constitutional duty. I think it is im- for 1-minute speeches on each side of asked and was given permission to ad- portant for us to do our constitutional the aisle. dress the House for 1 minute and to re- duty, the Congress of the United vise and extend his remarks.) States, and address the question on f Mr. WILSON of South Carolina. Mr. making sure the Court is full to do its PRESIDENT OBAMA’S PLAN TO Speaker, yesterday the President an- duty. CLOSE GUANTANAMO nounced a dangerous proposal, to close Guantanamo and bring terrorists to f (Mr. SAM JOHNSON of Texas asked America. One of the proposed locations A TRIBUTE TO HARPER LEE and was given permission to address is near Charleston, South Carolina, (Mr. BYRNE asked and was given the House for 1 minute and to revise creating a risk of attacks to adjacent permission to address the House for 1 and extend his remarks.) schools, churches, neighborhoods, and minute.) Mr. SAM JOHNSON of Texas. Mr. ports. Mr. BYRNE. Mr. Speaker, last week Speaker, yesterday President Obama I have visited Guantanamo twice. the world lost a literary giant and Ala- announced his plan to close Guanta- This is the right location to house ter- bama lost a legend. A native of Ala- namo. rorists who are obsessed to kill Amer- bama’s First Congressional District, As a 29-year Air Force veteran and ican families. Nelle Harper Lee was born and died in POW, I speak from experience when I The 2016 National Defense Authoriza- Monroeville, Alabama, the city that say that the President’s decision is tion Act, signed by the President, bars served as an inspiration for the town of wrong and it will endanger our home- the closure of Guantanamo. Congress Maycomb in her legendary novel ‘‘To land. voted that remote Guantanamo is the Kill a Mockingbird.’’ As a Congressman who helped pass safest location for mass murderers of Nelle received many honors through- the law to protect American citizens American families, which discourages out her life, including being inducted by ensuring Obama doesn’t release ter- further attacks, and no one wants to be into the Alabama Academy of Honor, rorists from GTMO, I would like to re- in Communist Cuba. mind the President that his decision receiving the Presidential Medal of I appreciate Speaker PAUL DAVIS goes against the will of the American Freedom, and being awarded the Na- RYAN, Senators TIM SCOTT and LINDSEY people. Furthermore, it is illegal. tional Medal of Arts. GRAHAM, Governor Nikki Haley, Attor- Radical Islamic terrorists who are ney General Alan Wilson, and the She was known as a private woman, hell-bent on the destruction of our de- South Carolina House delegation for but her writings inspired generations, mocracy and way of life belong in only their efforts to prevent the closure of promoted acceptance, and taught us all one place, Guantanamo. Guantanamo to protect American fam- important life lessons. The President is clearly in denial ilies. Sadly, she passed away in Monroe- about these terrorists, but Americans In conclusion, God bless our troops, ville on February 19 at the age of 89. can rest assured we will do everything and may the President, by his actions, One of the best lessons Nelle taught in our power to keep our country safe. never forget September the 11th in the us was about tolerance. As she wrote in The SPEAKER pro tempore. Mem- global war on terrorism. ‘‘To Kill a Mockingbird,’’ ‘‘You never bers are reminded to refrain from en- really understand a person until you gaging in personalities toward the f consider things from his point of view President. A NEW SUPREME COURT JUSTICE . . . until you climb into his skin and walk around in it.’’ f (Ms. JACKSON LEE asked and was given permission to address the House May we all take time to reflect on SUPPORT FUNDING FOR GREAT for 1 minute and to revise and extend the life of Nelle Harper Lee, and may LAKES RESTORATION INITIATIVE her remarks.) we all continue to live out her lesson of (Mr. HIGGINS asked and was given Ms. JACKSON LEE. Mr. Speaker, all tolerance each and every day. permission to address the House for 1 of us were saddened in the last 2 weeks f minute.) at the loss of the longest serving jurist, Mr. HIGGINS. Mr. Speaker, on the Justice Scalia. There is no doubt he AUTUMN JOHNSON KILLED BY occasion of Great Lakes Day, hundreds loved the law and he loved the Court. GUN VIOLENCE of advocates are in Washington to sup- With that in mind, Mr. Speaker, I (Ms. HAHN asked and was given per- port funding for the restoration of the think it is important that, in recogni- mission to address the House for 1 Great Lakes. tion of Justice Scalia’s love of the law minute.)

VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.011 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H864 CONGRESSIONAL RECORD — HOUSE February 24, 2016 Ms. HAHN. Mr. Speaker, on the b 1215 pleads with Eric for help. He arrives evening of February 9, this little pre- RECOGNIZING THE WORLD WAR II with compassion and information. Just cious angel, 1-year-old Autumn John- GHOST ARMY last year, he helped 78 Granite Staters son, was in her crib when a gunman ap- seek treatment. proached her family’s Compton home (Ms. KUSTER asked and was given In Congress, members of the Bipar- and opened fire on the converted ga- permission to address the House for 1 tisan Task Force to Combat the Heroin rage where they lived. minute.) Epidemic are working to direct more Autumn was struck by a single bullet Ms. KUSTER. Mr. Speaker, today I resources to innovative programs like to her head. Two sheriff’s deputies on rise to honor a group of men who Laconia’s. The Laconia Police Depart- the scene didn’t think they could wait played a crucial and unique role in the ment is providing a model for others for the paramedics and rushed little Allied victory in World War II. and saving lives. The Army’s 23rd Headquarters Spe- Autumn in her father’s arms to the f hospital in their squad car. She was de- cial Troops, also known as the Ghost GUN VIOLENCE clared dead at the hospital. Army, used tactical deception to divert Yesterday sheriffs arrested her sus- enemy troops. Recruited from art (Mr. CICILLINE asked and was given pected killer. The motive is still un- schools and ad agencies, these men cre- permission to address the House for 1 known, but law enforcement suspects ated false radio transmissions, along minute.) gang involvement. I hope that justice with decoy tanks, planes, and other ve- Mr. CICILLINE. Mr. Speaker, last is served, but I know that nothing can hicles, to deceive German soldiers weekend, six people were murdered by make up for what Autumn’s parents while concealing the true movement of a gunman on the streets of Kalamazoo, have lost. our Allied troops. Michigan. So far this year, we have had I attended her funeral on Saturday, The unit’s members included cele- more than 1,800 people die at the hands and my heart broke into a million brated artists like Bill Blass and Ells- of a gun and more than 30 mass shoot- pieces when I saw Autumn in her little worth Kelly, and men like the late ings. Congress has done nothing in the lavender casket. Before she was buried, Mickey McKane, who lived in my dis- face of this continued bloodshed. her young father put her pink teddy trict. Mickey was recruited from the What will it take for us to act? bear in beside her. Pratt Institute and put his expertise in Today I will introduce the Hate When is the breaking point? When architectural design to good use on the Crimes Prevention Act, a bill that will we decide that our communities battlefields of Europe. closes the hate crimes loophole and have seen enough bloodshed? When will The Ghost Army’s activities were will prevent those convicted of hate we get serious about investing in our classified until 1996, which meant that crimes from possessing or purchasing a young people and giving them better for years their heroics went largely un- gun. opportunities than gangs? When will recognized. Last year, my colleague I have proposed the assault weapons we in Congress finally do our part to PETER KING and I introduced legisla- ban, a bill to end the purchase of fire- prevent gun violence? tion to collectively award a Congres- arms by dangerous individuals, to close Autumn’s life mattered, and it is sional Gold Medal to the unit. the fire sale loophole. My colleagues time we started acting like it. I urge my colleagues to support this have introduced many other bills to fix legislation and give the Ghost Army our broken background check system. f the recognition it deserves. I hope you It is important that we take up this will join me tomorrow night on the legislation and vote on these bills to Hill, where I will be hosting a screen- let our constituents know where we HONORING CAROL MOONEY, PRESI- ing of an acclaimed 2013 PBS documen- stand in this fight to reduce gun vio- DENT OF SAINT MARY’S COL- tary, The Ghost Army. lence in our country. LEGE As the proud daughter and daughter- f (Mrs. WALORSKI asked and was in-law of World War II veterans, I am given permission to address the House honored to advocate for those who sac- HONORING THE LIFE OF RAY for 1 minute and to revise and extend rificed so much for our victory. I urge WEST her remarks.) my colleagues to join me in these ef- (Mrs. CAPPS asked and was given Mrs. WALORSKI. Mr. Speaker, I rise forts. permission to address the House for 1 today to recognize and pay tribute to a f minute and to revise and extend her re- champion of higher education in my marks.) district. LACONIA PD Mrs. CAPPS. Mr. Speaker, today I For the last 12 years, Dr. Carol Moon- (Mr. GUINTA asked and was given rise to honor the life of my constituent ey has honorably served as president of permission to address the House for 1 Ray West, who passed away last week Saint Mary’s College in Notre Dame, minute and to revise and extend his re- at the age of 89. Indiana. She is beloved by her peers marks.) Ray was a U.S. Navy veteran who and praised for strengthening Saint Mr. GUINTA. Mr. Speaker, I rise in served during World War II. He went on Mary’s fiscal and academic standings. recognition of the Laconia, New Hamp- to have a successful career in the film Her work has directly impacted the shire, Police Department helping com- industry, earning an Academy Award lives of students on campus, providing bat our State’s growing heroin epi- and a Grammy for his work as a sound them with the highest quality edu- demic. engineer. cation possible. Even in picturesque communities Ray and his wife, Jean, were married As its first lay alumna president, like Laconia, New Hampshire’s Lakes in 1950. The two honeymooned in Yo- Mooney spearheaded Saint Mary’s Region, heroin abuse is afflicting ev- semite National Park and celebrated most successful fund-raising campaign, eryone from kids to adults. Laconia is each anniversary by returning there. raising over $105 million in gifts and taking a new approach to the problem, Ray became ill and the Dream Foun- pledges. She also oversaw the expan- however. dation stepped in. The Dream Founda- sion of numerous undergraduate and In addition to locking up drug deal- tion is a wish-granting organization for graduate programs. Clearly, her dedi- ers, the Laconia Police Department terminally ill adults that is based in cation to and passion for education has named former undercover officer Eric Santa Barbara, California. They en- been felt far and wide. Adams as a prevention and treatment sured that Ray and Jean would be able On behalf of the people of Indiana’s coordinator. In his new job, Officer to visit Yosemite for their 65th wed- Second Congressional District, I thank Adams builds relationships with heroin ding anniversary. President Mooney for her commitment users, often at their most vulnerable Last September I had the privilege of to improving the state of our commu- moments, convincing them to seek meeting Ray and his son David when nity and society at large and wish her treatment. they traveled to Washington, D.C., for all the best as she enters retirement Sometimes his cell phone rings in the the launch of the Dream Foundation’s later this year. middle of the night. A desperate caller Dreams for Veterans Program. I was

VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.013 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 24, 2016 CONGRESSIONAL RECORD — HOUSE H865 honored to be able to recognize him for pass H.R. 3893, a bill I sponsored, the patients should be able to work with his outstanding military service and Areawide Integrated Pest Management their doctor to determine what is best his extraordinary life. Act, which would bring local stake- to meet their health care needs. So today, my thoughts are with holders together with researchers and One of the best tools to provide more Ray’s family. I pray they find comfort other key players in order to find sus- flexibility for patients are health sav- as they celebrate the life of this re- tainable, cost-effective, and com- ings accounts and flexible spending ac- markable man. prehensive solutions that will better counts. HSAs and FSAs are a great way f help all of us to manage and prevent to save for future medical expenses. the spread of these harmful pests and However, due to certain loopholes in CENTRAL INTERCOLLEGIATE invasive species. current law, employers are often dis- ATHLETIC ASSOCIATION couraged from contributing to their f (Ms. ADAMS asked and was given employees’ accounts. That is why I permission to address the House for 1 DEADLINE FOR A STRATEGY TO have introduced legislation, the Health minute.) COMBAT ISLAMIC EXTREMISM Savings Act, that would remove this Ms. ADAMS. Mr. Speaker, I rise (Mr. LAHOOD asked and was given loophole and encourage companies to today to highlight the Central Inter- permission to address the House for 1 contribute directly to their employees’ collegiate Athletic Association. minute and to revise and extend his re- HSAs and FSAs. Founded in 1912, the CIAA is our Na- marks.) The bill also would bring in seniors tion’s first historically Black colle- Mr. LAHOOD. Mr. Speaker, last week and Active Duty military personnel giate athletic conference and one of the Obama administration failed to into the mix by allowing contributions our country’s oldest athletic con- meet a congressionally mandated dead- to be made to those accounts under ferences. The CIAA is being held in line to submit a strategy to combat Is- Medicare and TRICARE. It also makes Charlotte, North Carolina, this week, lamic terrorism. commonsense fixes to the current rules which I have the pleasure of rep- To comply with the 2016 National De- regarding HSAs and FSAs. For in- resenting. fense Authorization Act, President stance, patients would now be able to As co-chair of the Bipartisan Con- Obama was required to submit to Con- purchase over-the-counter medications gressional HBCU Caucus, I am proud of gress a comprehensive strategy to de- such as aspirin or allergy medicine the mission of the CIAA, which encour- feat ISIS by Monday, February 15, 2016. without getting a prescription from ages educational advancements for stu- That was over a week ago. We still their doctor first. dent athletes, promotes positive com- have not received his strategy. Con- Mr. Speaker, let’s give the American people more choice and more flexi- petitive sportsmanship, and highlights fronting this threat is of utmost impor- bility. Let’s pass the Health Savings HBCUs and other member institutions. tance to the safety and security of the Act. The Queen City has hosted this con- United States and our allies. ference for more than 10 years, and the While there is an absence of leader- f CIAA has had a positive impact on ship from our Commander in Chief, the ANNOUNCEMENT BY THE SPEAKER Charlotte’s economy over the last dec- House has taken several steps to keep PRO TEMPORE ade, generating more than $325 million. America safe from terrorism. We The SPEAKER pro tempore. Pursu- It continues to generate more than $55 passed the Visa Waiver Improvement ant to clause 8 of rule XX, the Chair million annually. CIAA’s sponsors, and Terrorist Travel Prevention Act to will postpone further proceedings along with the city of Charlotte, have help prevent foreign terrorists from en- today on motions to suspend the rules also provided $1.5 million annually in tering the United States. We also on which a recorded vote or the yeas scholarship funding for member passed the American Security Against and nays are ordered, or on which the schools. Foreign Enemies Act, a bill to pause vote incurs objection under clause 6 of I thank CIAA for being such a posi- the government’s Syrian refugee pro- rule XX. tive force in the Charlotte area, and for gram. Record votes on postponed questions students, families, and supporters Just yesterday the House passed two will be taken later. across the country. I wish the best to additional measures to ensure our Fed- f all of the male and female athletes eral agencies are working to disrupt competing for titles this week. the travel of terrorists and those seek- ERIC WILLIAMS CORRECTIONAL f ing help from terrorists. OFFICER PROTECTION ACT OF 2015 The House alone cannot keep Amer- Mr. GOODLATTE. Mr. Speaker, I AIPM ACT/NATIONAL INVASIVE ica safe. We need action from this ad- move to suspend the rules and pass the SPECIES WEEK ministration, and submitting an in- bill (S. 238) to amend title 18, United (Ms. GABBARD asked and was given complete plan to remove dangerous States Code, to authorize the Director permission to address the House for 1 terrorists to the United States from of the Bureau of Prisons to issue oleo- minute.) Guantanamo Bay doesn’t count. It just resin capsicum spray to officers and Ms. GABBARD. Mr. Speaker, in rec- threatens our security more. ISIS is a employees of the Bureau of Prisons. ognition of National Invasive Species very grave threat that is clearly not The Clerk read the title of the bill. Awareness Week, this is a great oppor- contained. The text of the bill is as follows: tunity to call attention to the more Today I urge the President to comply S. 238 than 4,300 invasive species that harm with the National Defense Authoriza- Be it enacted by the Senate and House of Rep- our domestic agriculture, local land- tion Act and submit a plan to Con- resentatives of the United States of America in owners, and communities throughout gress. Congress assembled, SECTION 1. SHORT TITLE. the United States. f So, what are invasive species? This Act may be cited as the ‘‘Eric Wil- In my home State of Hawaii, the cof- HEALTH SAVINGS ACT GIVES liams Correctional Officer Protection Act of 2015’’. fee berry borer, coconut rhinoceros MORE FLEXIBILITY TO MEET HEALTH CARE NEEDS SEC. 2. OFFICERS AND EMPLOYEES OF THE BU- beetle, macadamia nut felted coccid, REAU OF PRISONS AUTHORIZED TO and others cost our local economy mil- (Mr. PAULSEN asked and was given CARRY OLEORESIN CAPSICUM lions and threaten our unique eco- permission to address the House for 1 SPRAY. system, our agriculture and water- minute and to revise and extend his re- (a) IN GENERAL.—Chapter 303 of part III of title 18, United States Code, is amended by ways, as well as our food supply and marks.) adding at the end the following: public health. Mr. PAULSEN. Mr. Speaker, hard- ‘‘§ 4049. Officers and employees of the Bureau There is no one-size-fits-all solution working families in Minnesota and of Prisons authorized to carry oleoresin to combat the thousands of noxious around the country want more flexi- capsicum spray species that are present across the bility, more choice, and lower costs ‘‘(a) IN GENERAL.—The Director of the Bu- country. That is why I strongly encour- when it comes to their own health reau of Prisons shall issue, on a routine age my colleagues to cosponsor and care. Instead of a top-down approach, basis, oleoresin capsicum spray to—

VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.014 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H866 CONGRESSIONAL RECORD — HOUSE February 24, 2016 ‘‘(1) any officer or employee of the Bureau visitors, and officers and employees of the self against such a brutal attack. Eric of Prisons who— Bureau of Prisons in such prisons; and was 34 years old when he was murdered. ‘‘(A) is employed in a prison that is not a (B) the cost of issuing such spray in such The Eric Williams Correctional Offi- minimum or low security prison; and prisons. cer Protection Act of 2015 will ensure ‘‘(B) may respond to an emergency situa- (3) Recommendations to improve the safe- that our brave corrections officers have tion in such a prison; and ty of officers and employees of the Bureau of ‘‘(2) to such additional officers and employ- Prisons in prisons. the necessary equipment to properly ees of prisons as the Director determines ap- defend themselves from this type of at- The SPEAKER pro tempore. Pursu- tack in the future. propriate, in accordance with this section. ant to the rule, the gentleman from ‘‘(b) TRAINING REQUIREMENT.— S. 238 requires the Director of the Bu- ‘‘(1) IN GENERAL.—In order for an officer or Virginia (Mr. GOODLATTE) and the gen- reau of Prisons to issue pepper spray to employee of the Bureau of Prisons, including tlewoman from Texas (Ms. JACKSON any Bureau of Prisons officer or em- a correctional officer, to be eligible to re- LEE) each will control 20 minutes. ployee who may have to respond to an ceive and carry oleoresin capsicum spray The Chair recognizes the gentleman emergency situation to reduce acts of pursuant to this section, the officer or em- from Virginia. violence committed by prisoners. ployee shall complete a training course be- GENERAL LEAVE fore being issued such spray, and annually b 1230 thereafter, on the use of oleoresin capsicum Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members This is a much-needed piece of legis- spray. lation to ensure the safety and security may have 5 legislative days within ‘‘(2) TRANSFERABILITY OF TRAINING.—An of- of Bureau of Prisons employees as well ficer or employee of the Bureau of Prisons which to revise and extend their re- as the inmates in their facilities. This who completes a training course pursuant to marks and include extraneous mate- bill passed the Senate 2 months ago paragraph (1) and subsequently transfers to rials on S. 238, currently under consid- employment at a different prison, shall not and, if passed today, will be presented eration. to the President. be required to complete an additional train- The SPEAKER pro tempore. Is there ing course solely due such transfer. I want to particularly thank Con- objection to the request of the gen- ‘‘(3) TRAINING CONDUCTED DURING REGULAR gressman MARINO, who represents the EMPLOYMENT.—An officer or employee of the tleman from Virginia? district where Eric lived and who has Bureau of Prisons who completes a training There was no objection. been a staunch advocate for making course required under paragraph (1) shall do Mr. GOODLATTE. Mr. Speaker, I pepper spray available to Bureau of so during the course of that officer or em- yield myself such time as I may con- Prisons employees. ployee’s regular employment, and shall be sume. I urge my colleagues to join me in compensated at the same rate that the offi- Today I rise in support of S. 238, the supporting this important piece of leg- cer or employee would be compensated for Eric Williams Correctional Officer Pro- conducting the officer or employee’s regular islation. duties. tection Act of 2015. I reserve the balance of my time. ‘‘(c) USE OF OLEORESIN CAPSICUM SPRAY.— Eric Williams was born on August 24, Ms. JACKSON LEE. Mr. Speaker, I Officers and employees of the Bureau of Pris- 1978, in Wilkes-Barre, Pennsylvania. He yield myself such time as I may con- ons issued oleoresin capsicum spray pursu- was the son of Donald and Jean Wil- sume. ant to subsection (a) may use such spray to liams. Eric spent most of his life in Mr. Speaker, as the senior member of reduce acts of violence— Nanticoke, Pennsylvania, where he at- the House Judiciary Committee and as ‘‘(1) committed by prisoners against them- tended the Nanticoke public schools the ranking member of the Sub- selves, other prisoners, prison visitors, and and graduated from Greater Nanticoke committee on Crime, Terrorism, Home- officers and employees of the Bureau of Pris- Area High School in 1996. land Security, and Investigations, as ons; and the Representative of Houston, I am ‘‘(2) committed by prison visitors against Eric was an avid soccer player. He themselves, prisoners, other visitors, and of- played youth soccer, was a member of privileged to be able to support this ficers and employees of the Bureau of Pris- the high school team, and continued legislation, legislation that, I am very ons.’’. playing in adult leagues. In addition, glad to say, had been included in our (b) CLERICAL AMENDMENT.—The table of to his love of soccer, Eric was an avid draft prison bill, a bipartisan bill. But sections for chapter 303 of part III of title 18, sportsman. He enjoyed hunting, fish- because of the urgency of this matter, United States Code, is amended by inserting ing, and bowling. I am very glad to be on the floor of the after the item relating to section 4048 the Eric graduated with a criminal jus- House with the cosponsors, sponsors, following: and the chairman of the full com- ‘‘4049. Officers and employees of the Bureau tice degree from King’s College in Wilkes-Barre, Pennsylvania, and was a mittee, Mr. GOODLATTE; and the rank- of Prisons authorized to carry ing member of the full committee, Mr. oleoresin capsicum spray.’’. graduate of Lackawanna College’s po- CONYERS, as well, joins in the impor- SEC. 3. GAO REPORT. lice program. He went on to become a security specialist and then a police of- tance of this effort. Not later than the date that is 3 years My heart aches for Eric Williams’ after the date on which the Director of the ficer with Jefferson Township, Penn- family, and it aches for the cir- Bureau of Prisons begins to issue oleoresin sylvania. cumstance that caused him to lose his capsicum spray to officers and employees of In September of 2011, Eric began his life. Obviously, this young man was the Bureau of Prisons pursuant to section career as a corrections officer at the committed to public safety, the crimi- 4049 of title 18, United States Code, as added U.S. Penitentiary in Canaan. In his by this Act, the Comptroller General of the nal justice system, and, in fact, the re- United States shall submit to Congress a re- spare time, he volunteered by visiting habilitation of those who were incar- port that includes the following: jails, talking to inmates about health cerated, even in high-risk cir- (1) An evaluation of the effectiveness of and spiritual issues. cumstances. issuing oleoresin capsicum spray to officers On the night of February 25, 2013—3 I rise to support S. 238, the Eric Wil- and employees of the Bureau of Prisons in years ago tomorrow—Eric was super- liams Correctional Officer Protection prisons that are not minimum or low secu- vising more than 100 high-security in- rity prisons on— Act of 2015, to make sure that this pro- mates at the USP in Canaan. While vision, providing a tool of safety for (A) reducing crime in such prisons; and making his rounds for nightly (B) reducing acts of violence committed by these brave corrections officers, does prisoners against themselves, other pris- lockdown just before 10 p.m., inmate not go out of existence. oners, prison visitors, and officers and em- and gang member Jesse Con-ui I want to extend my thanks again to ployees of the Bureau of Prisons in such pris- launched an unprovoked, brutal, and Judiciary Chairman GOODLATTE and ons. cowardly attack against Senior Officer Ranking Member CONYERS, as I indi- (2) An evaluation of the advisability of Williams. Con-ui knocked Eric down a cated, for their ongoing, bipartisan issuing oleoresin capsicum spray to officers staircase, fracturing his skull. He pro- leadership. and employees of the Bureau of Prisons in ceeded to stab Eric more than 200 times But again, let me refer back to Eric prisons that are minimum or low security with a homemade prison shank. prisons, including— Williams, the namesake of this legisla- (A) the effectiveness that issuing such When authorities found Eric’s body, tion and the tragedy of his death. I spray in such prisons would have on reducing he had only a set of keys, a pair of want to offer my sympathy to the fam- acts of violence committed by prisoners handcuffs, and a handheld radio on ily members and to again say that this against themselves, other prisoners, prison him, clearly not enough to defend him- death did not have to happen.

VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A24FE7.004 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 24, 2016 CONGRESSIONAL RECORD — HOUSE H867 As I discuss the bill, I want to make ative from Houston and as a co-sponsor of Outside the pilot program and aside from the point that we should not short- legislation that includes this same measure, I emergency situations and special teams, offi- change the resources needed for the rise in support of S. 238, the ‘‘Eric Williams cers do not carry pepper spray or batons. men and women who are on the front Correctional Officer Protection Act of 2015.’’ Officers must rely on communication skills lines of protecting us and securing a Let me extend my thanks to Judiciary Chair- and training to de-escalate confrontations. criminal justice system to make it man GOODLATTE and Ranking Member CON- These are critically important skills and we work. In this instance, that is what YERS for their ongoing leadership on bipartisan know that our well-trained federal correctional happened. criminal justice reform. officers are generally able to use these skills A death had occurred earlier, but the When the Judiciary Committee unanimously to avoid violence. pilot program did not reach to Eric’s passed a groundbreaking prison reform bill In some instances, however, these skills facility, and that is inexcusable. But, just two weeks ago, that bill included the may not be enough and, when they are not, fortunately, this permanent adding or measure before us today. these officers must not be defenseless. expanding of this bill will make sure S. 238 codifies a pilot program that has in- The issuance of pepper spray, alongside that every high-risk facility under the creased federal prison safety nationwide. proper training, will go a long way to assisting Bureau of Prisons will have this pepper This crucial program, however, is set to ex- these officers when all else fails. spray. pire in just a few days. We ask a lot of federal correctional officers. The Judiciary Committee unani- While I look forward to working with my col- We support these officers with training and mously passed the groundbreaking leagues to bring our bipartisan criminal justice skills, but that is not always enough. prison reform bill, as I said, 2 weeks reform bills before this Chamber soon, we When faced with acts of violence against ago. This measure was included. must pass S. 238 now to avoid letting this im- themselves and others, they must be well-po- S. 238 codifies a pilot program that portant program expire. sitioned to cut that violence short. has increased Federal prison safety na- Tomorrow marks three years since the It is therefore vital that we pass S. 238 now. tionwide. It is crucial. However, it is death of Correctional Officer Eric Williams, Accordingly, I urge my colleagues to join set to expire in a few days, and I look who was stabbed by an inmate at a high se- me; the National Association of Police Organi- forward to my colleagues bringing curity facility in Waymart, PA. zations; Federal Law Enforcement Officers As- forth the criminal justice bill. Officer Williams was working alone in a unit sociation; American Federation of Government It is important to move this bill now. of more than loo inmates. Employees, and Council of Prison Locals; in Tomorrow marks 3 years since the Armed only with a radio, keys, and hand- supporting the Eric Williams Correctional Offi- death of Correctional Officer Eric Wil- cuffs, he was unable to defend himself against cer Protection Act of 2015. liams, who was stabbed by an inmate the aggressive attack. I reserve the balance of my time. at a high-security facility. He was If Officer Williams was equipped with pepper Mr. GOODLATTE. Mr. Speaker, I working alone, as I said, with 100 in- spray, then he might still be here with us yield 3 minutes to the gentleman from mates, high risk. Armed with only a today. Pennsylvania (Mr. MARINO), a member radio, keys, and handcuffs, he was un- Passing S. 238 will honor Officer Williams. of the Judiciary Committee and a sub- able to defend himself against the ag- The Eric Williams Correctional Officer Pro- committee chairman who has been an gressive attack. If Officer Williams was tection Act of 2015 provides officers in higher advocate on this issue and whose dis- equipped with pepper spray, then he security facilities with the means to protect trict was directly impacted by the might still be here with us today. themselves when necessary. murder of Eric Williams. Passing S. 238 will honor Officer Wil- S. 238 requires BOP to issue oleoresin cap- Mr. MARINO. I thank Chairman liams. The provisions of this bill re- sicum spray, known as pepper spray, to cer- GOODLATTE for bringing this legislation quire BOP to issue oleoresin capsicum tain staff at higher security prisons. to the floor, and I thank Mr. CONYERS spray, known as pepper spray, to cer- This requirement is truly common sense: it for supporting this as well. tain staff at a higher security prison. does not apply to minimum or low security fa- Mr. Speaker, I rise today in support This requirement is truly common cilities; and it only applies to staff that ‘‘may of the Eric Williams Correctional Offi- sense and does not apply to minimum respond to an emergency situation’’ in the cer Protection Act. or low-security facilities. It only ap- prison. I was not fortunate enough to know plies to staff that may respond to an S. 238 includes critical safeguards to ensure Eric Williams while he lived, but, as I emergency situation in the prison. pepper spray is used appropriately and only have met and worked with his parents, S. 238 includes critical safeguards to when necessary to prevent acts of violence. his coworkers and friends, I have come ensure pepper spray is used appro- Specifically, this legislation: requires the offi- to grasp the depth of his loss to them priately and only when necessary to cer or employee to complete a pepper spray all. prevent acts of violence, it is deter- training course before being issued the spray, As the chairman stated before me, on mined that pepper spray is not dan- and annually thereafter; and establishes pe- the night he was brutally murdered, gerous, only in limited circumstances. rimeters for using the spray—it may only be Eric was alone and outnumbered, over The legislation requires the officer or used to reduce acts of violence committed by 100 to 1, in a high-security Federal pen- employee to complete a pepper spray prisoners against themselves or others. itentiary. training course before being issued the In doing so, S. 238 makes it clear that pep- USP Canaan, where Eric was mur- spray, annually thereafter. per spray may not be used to punish or co- dered, is one of three such high-secu- It establishes parameters for using erce inmates, or in an excessive and inappro- rity institutions in my congressional the spray, and it may only be used to priate fashion. district. And I might add that Con- reduce acts of violence. In doing so, S. The need to provide permanent protective gressman GOODLATTE and I toured the 238 makes it clear that pepper spray equipment cannot be overstated. facilities at Lewisburg and at may not be used to punish or coerce in- Mass incarceration has led to dangerously Allenwood several months ago and saw mates, or in an excessive, inappro- overcrowded federal prisons. firsthand what takes place there. In priate fashion. Such conditions can frequently lead, or at each of them, corrections officers and Finally, let me say that it is with least contribute to, unnecessary violence. other prison staff are constantly out- sadness, but with pleasure, that we pro- High and medium security level facilities numbered while they work among the vide this legislation and move it quick- make up 42 percent of the total BOP popu- most violent criminals in the Federal ly so that we can provide that perma- lation. prison system. nent armor, if you will, to protect In FY2013 these facilities were operating 52 Until the BOP implemented its OC these officers who are dealing with percent and 45 percent over capacity, respec- spray pilot program, each of these cor- high-risk inmates. tively. rectional officers was also completely I ask my colleagues to support this Officers in these facilities must be equipped unarmed. Inmates, on the other hand, legislation. to protect themselves and others. constantly find ingenious ways to fab- As a senior Member of the House Judiciary In 2010, there were almost 1,700 assaults ricate weapons for use against BOP em- Committee; as the Ranking Member of the on BOP staff—about 49 per 5,000 inmates. ployees and other inmates. Subcommittee on Crime, Terrorism, Homeland BOP requires officers on regular duty to But, as I have visited and met with Security, and Investigations; as the represent- carry a radio, body alarm, and keys. corrections officers at USP Canaan,

VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.017 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H868 CONGRESSIONAL RECORD — HOUSE February 24, 2016 FCC Allenwood, and USP Lewisburg, I Jean. They are now part of an organi- Our Federal prisons across America have heard firsthand accounts why OC zation called Voices of JOE. The letters are dangerously overcrowded. Such spray is a necessary tool for their job. of J-O-E stand for Jose Rivera, Osvaldo conditions can frequently lead or at It is a sign of why this proven pilot Albarati, and Eric Williams. They were least contribute to unnecessary vio- program must be permanently author- killed because of their jobs in the cor- lence. High- and medium-level security ized. rectional system. facilities make up 42 percent of the I want to thank Chairman GOOD- For them, Mr. Speaker, and all of our total Bureau of Prisons population. LATTE for his support and assistance on correctional officers who risk their In FY 2013, these facilities were oper- this critical piece of legislation, and lives every day, I urge support of the ating 52 percent and 45 percent over ca- my colleagues sitting with me here bill. pacity, respectively. Officers in these today and on the other side of the Ms. JACKSON LEE. Mr. Speaker, I facilities must be equipped to protect aisle. Over many months now, he and reserve the balance of my time. themselves. the staff have worked with mine to en- Mr. GOODLATTE. Mr. Speaker, I In 2010, there were almost 1,700 as- sure that we bring this to the floor. yield 3 minutes to the gentleman from saults on BOP staff and about 49 per I also want to thank my colleague West Virginia (Mr. MCKINLEY), who is 5,000 inmates. BOP requires officers of from Pennsylvania, Senator TOOMEY, the chief sponsor of the House version regular duty to carry a radio, body for his efforts to push the bill through of this bill. alarm, and keys. the Senate. Mr. MCKINLEY. Mr. Speaker, I rise Outside the pilot program and aside While straightforward and short, the in support of S. 238, the Eric Williams from the emergency situation and spe- bill means life and/or death for correc- Correctional Officer Protection Act, cial teams, officers do not carry pepper tions officers and BOP employees and urge its immediate adoption. spray all the time. Officers must rely across the Nation. The loss of Eric Wil- Two years ago, our office met with on communication skills and training liams and two other Federal correc- the family of Eric Williams. We heard to deescalate confrontations. Some- tions officers in recent years is tragic the tragic story of how he was brutally times that is not enough. These are im- and absolutely preventable. murdered in the line of duty at the portant skills. Tomorrow, February 25, marks 3 penitentiary at Canaan. We know that well-trained Federal years since Eric’s death. To honor his In coordination with Senator correctional officers are generally able service and his memory, I urge my col- TOOMEY’s office, we then introduced to use these skills to avoid violence, leagues to do right for those who pro- the bill, in concert with Congressmen but not all the time. We must not have tect us and support this bill. BARLETTA and MARINO, the companion one single time where we have an offi- Ms. JACKSON LEE. Mr. Speaker, I bill in the House. We reintroduced it cer at the risk of losing their life and reserve the balance of my time. again this past year and are thrilled they have no protection. Mr. GOODLATTE. Mr. Speaker, I that the Toomey bill has passed the In some instances, however, these yield 3 minutes to the gentleman from Senate and has come before the House skills may not be enough. When they Pennsylvania (Mr. BARLETTA). today. This bill will permanently au- are not, these officers must not be de- Mr. BARLETTA. Mr. Speaker, I rise thorize Federal correction officers to fenseless. Issuance of pepper spray in support of the Eric Williams Correc- routinely carry pepper spray in me- alongside proper training will go a long tional Officer Protection Act. dium-, high-, and maximum-security way to assist these officers. First, let me explain the title of the prisons. We ask a lot of Federal correctional bill. Think about what we heard a minute officers. In the comments made about Eric Williams was a constituent of ago. At the time of his death, Officer Mr. Williams, he was engaged in coun- mine from Nanticoke, a senior correc- Williams was only equipped with a seling and rehabilitation discussions. tional officer at the U.S. Prison at radio, a set of keys, and some hand- We support these officers with train- Canaan in Waymart, Pennsylvania, cuffs. ing and skills. We do expect for them Any worker should feel safe and se- which is just outside of my district. On to interact. When faced with acts of vi- cure when they go to work, but that is February 25, 2013, that is 3 years ago olence against themselves and others, not the case in our Federal correc- tomorrow, Eric Williams was working they must be well positioned to cut tional institutions. These men and in the prison when he was suddenly at- that violence short. tacked by an inmate. The inmate women have no line of defense against So I ask my colleges to join in pass- knocked Officer Williams down a flight conflicts within the prison walls. This ing S. 238. I thank the author of the bill of steps. He then stabbed him more bill will go far in providing Federal who persisted in introducing it on than 200 times with a homemade correctional workers a much-needed many occasions, my colleagues on the shank. That inmate is now charged tool so that they may defend them- Judiciary Committee, including Mr. selves and others if attacked by violent with first degree murder, first degree MARINO, and others, our chairman and murder of a United States corrections prison inmates. ranking member. I thank the Judiciary Committee and officer, and possessing contraband in I urge my colleagues to join me, the leadership for their quick action in prison. Prosecutors are seeking the National Association of Police Organi- bringing this issue to the floor, and I death penalty. zations, the Federal Law Enforcement urge all my colleagues to honor the Needless to say, at the time of the at- Officers Association, the American memory of Officer Eric Williams by tack, Officer Williams was unarmed. Federation of Government Employees, voting ‘‘yes’’ and sending this bill to Now, it makes sense that officers don’t and the Council of Prison Locals in carry firearms into areas where in- the President’s desk. Ms. JACKSON LEE. Mr. Speaker, I supporting the Eric Williams Correc- mates could gain access to them, but reserve the balance of my time. tional Officer Protection Act of 2015. this bill tells the Bureau of Prisons to Mr. GOODLATTE. Mr. Speaker, I Mr. Speaker, I yield back the balance supply pepper spray to prison officers have no further speakers, and I reserve of my time. or other employees who could be in- the balance of my time to close. Mr. GOODLATTE. Mr. Speaker, I volved in emergency situations with yield myself such time as I may con- inmates. b 1245 sume to close. If Officer Williams had been equipped Ms. JACKSON LEE. Mr. Speaker, I Very simply, a few weeks ago I had with pepper spray 3 years ago, he yield myself the balance of my time to the opportunity to meet Mr. and Mrs. might have been able to defend himself close. Williams, Eric’s parents. They came to against that cowardly, ambush-style Mr. Speaker, let me state the obvi- the House Judiciary Committee on the attack, and perhaps he would be alive ous. All of us are appalled and saddened day that we marked up our prison re- today. This will give correctional offi- by the loss of this correctional officer. form legislation and included matters cers that fighting chance that Officer We express again our sadness and sym- related to protecting the security offi- Williams did not have. pathy to his family although 3 years cers in that legislation. I have had the privilege of meeting later. Eric Williams did not deserve to They came after Eric had been bru- with Eric Williams’ parents, Don and die. tally murdered. So they knew that

VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.018 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 24, 2016 CONGRESSIONAL RECORD — HOUSE H869 nothing they did there that day would amendments are waived. At the conclusion said should be used to dismiss plead- save him, that he had already been of consideration of the bill for amendment ings for failing to state a valid legal lost. But they came for one important the Committee shall rise and report the bill claim, and we believe the same stand- to the House with such amendments as may reason. They don’t want to see that have been adopted. Any Member may de- ard should apply to release innocent happen to any other Federal prison se- mand a separate vote in the House on any parties from lawsuits. curity guards anywhere anytime. They amendment adopted in the Committee of the Second, the bill allows judges to look strongly support this legislation. Whole to the bill or to the committee at evidence that the trial lawyers I ask my colleagues to pass this leg- amendment in the nature of a substitute. aren’t acting in good faith in adding islation in Eric Williams’ name and out The previous question shall be considered as local defendants. This is a standard of respect for the concern his parents ordered on the bill and amendments thereto some lower courts already use to deter- have that officers who serve their to final passage without intervening motion mine whether a trial lawyer really in- except one motion to recommit with or with- country in our Federal prisons are kept out instructions. tends to pursue claims against the safe. local defendant or is just using them as The SPEAKER pro tempore. The gen- I urge my colleagues to support this part of their forum shopping strategy. tleman from Georgia is recognized for 1 legislation. It is important to emphasize that hour. Congress has the authority to regulate Mr. Speaker, I yield back the balance Mr. COLLINS of Georgia. Mr. Speak- the jurisdiction of the lower Federal of my time. er, for the purpose of debate only, I courts. The present standard has been The SPEAKER pro tempore. The yield the customary 30 minutes to the described as poorly defined and subject question is on the motion offered by gentleman from Massachusetts (Mr. the gentleman from Virginia (Mr. to inconsistent interpretation and ap- MCGOVERN), pending which I yield my- OODLATTE plication and the consequences signifi- G ) that the House suspend self such time as I may consume. Dur- cant and real. the rules and pass the bill, S. 238. ing consideration of this resolution all The question was taken; and (two- H.R. 3624 is consistent with the views time yielded is for the purpose of de- thirds being in the affirmative) the of our Founding Fathers and the prin- bate only. rules were suspended and the bill was ciples of federalism enshrined in the GENERAL LEAVE passed. Judiciary Act of 1789. Mr. COLLINS of Georgia. Mr. Speak- A motion to reconsider was laid on I would like to thank Chairman er, I ask unanimous consent that all the table. GOODLATTE, Congressman BUCK, and Members have 5 legislative days to re- f their staff for their work in bringing vise and extend their remarks and in- forth this important litigation reform. PROVIDING FOR CONSIDERATION clude extraneous materials on House Mr. Speaker, I reserve the balance of OF H.R. 3624, FRAUDULENT JOIN- Resolution 618, currently under consid- my time. DER PREVENTION ACT OF 2016 eration. Mr. MCGOVERN. Mr. Speaker, I want The SPEAKER pro tempore. Is there Mr. COLLINS of Georgia. Mr. Speak- to thank the gentleman from Georgia objection to the request of the gen- er, by direction of the Committee on (Mr. COLLINS) for yielding me the cus- tleman from Georgia? Rules, I call up House Resolution 618 tomary 30 minutes. There was no objection. and ask for its immediate consider- Mr. COLLINS of Georgia. Mr. Speak- I yield myself such time as I may ation. er, I am pleased to bring forward this consume. The Clerk read the resolution, as fol- rule on behalf of the Rules Committee. (Mr. MCGOVERN asked and was lows: It is a structured rule that provides 1 given permission to revise and extend H. RES. 618 hour of general debate equally divided his remarks.) Resolved, That at any time after adoption and controlled by the chair and rank- Mr. MCGOVERN. Mr. Speaker, I rise of this resolution the Speaker may, pursuant ing member of the Judiciary Com- in strong opposition to this rule and in to clause 2(b) of rule XVIII, declare the mittee for H.R. 3624, the Fraudulent strong opposition to the underlying House resolved into the Committee of the Joinder Prevention Act of 2016. legislation. In short, this is a lousy Whole House on the state of the Union for In addition to consideration of H.R. bill. consideration of the bill (H.R. 3624) to amend At the end of last year, Republicans title 28, United States Code, to prevent 3624, the House will also debate and vote on two amendments on the House and Democrats came together to pass fraudulent joinder. The first reading of the four major pieces of legislation that bill shall be dispensed with. All points of floor. order against consideration of the bill are Yesterday the Rules Committee re- were sent to President Obama’s desk waived. General debate shall be confined to ceived testimony from the sponsor of and enacted into law. the bill and shall not exceed one hour equal- the bill and a minority representative We passed a bipartisan budget agree- ly divided and controlled by the chair and of the Judiciary Committee. Sub- ment, a multiyear tax package, a high- ranking minority member of the Committee committee hearings were held on this way bill, and legislation to reauthorize on the Judiciary. After general debate the legislation, and it was marked up and the Elementary and Secondary Edu- bill shall be considered for amendment under reported by the Judiciary Committee. cation Act that had all been stalled for the five-minute rule. It shall be in order to years. consider as an original bill for the purpose of This bill went through regular order amendment under the five-minute rule the and enjoyed meaningful discussion at That is how Congress is supposed to amendment in the nature of a substitute rec- the subcommittee and full committee work, Mr. Speaker. Quite frankly, I ommended by the Committee on the Judici- level. thought at the end of last year that ary now printed in the bill. The committee H.R. 3624 is strongly supported by the maybe these successes would be con- amendment in the nature of a substitute National Federation of Independent tagious and that it would become the shall be considered as read. All points of Business and the Chamber of Com- norm to actually work together in a bi- order against the committee amendment in merce because of the significance of partisan way and to pass meaningful the nature of a substitute are waived. No legislation that would actually become amendment to the committee amendment in this issue to small businesses in north- the nature of a substitute shall be in order east Georgia and across the Nation. law. except those printed in the report of the This legislation will protect innocent But this Republican leadership, I am Committee on Rules accompanying this res- local parties, often small sad to say, has returned from the holi- olution. Each such amendment may be of- businessowners, from being dragged day break with more of the same tired fered only in the order printed in the report, into expensive lawsuits. It achieves ideas and partisan legislation that is may be offered only by a Member designated this goal in two specific ways. going nowhere. We are wasting time in the report, shall be considered as read, First, the bill empowers judges to ex- with this legislation today, which is shall be debatable for the time specified in ercise greater discretion to free an in- going nowhere. We are wasting tax- the report equally divided and controlled by payer dollars spending our time dealing the proponent and an opponent, shall not be nocent local party from a case where subject to amendment, and shall not be sub- the judge finds there is no plausible with legislation that is going nowhere. ject to a demand for division of the question case against that party. Instead of considering legislation to in the House or in the Committee of the It applies the same plausibility create jobs, boost our economy, or lift Whole. All points of order against such standard that the Supreme Court has struggling Americans out of poverty,

VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.019 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H870 CONGRESSIONAL RECORD — HOUSE February 24, 2016 this Republican leadership is once tion that they may be entitled to, that Mr. YARMUTH. Mr. Speaker, I thank again bringing to the floor a com- they deserve. my colleague for yielding time. pletely unnecessary bill that puts the The costs are even higher for those This is my eighth year in service on interests of large corporations ahead of seeking justice when you consider that the House Budget Committee. For the the rights of the American people to this change would force many individ- last 7 years, every year, the Director of pursue justice through our court sys- uals to travel long distances. the Office of Management and Budget tem. This is unjust and unfair. Maybe it has come to the House Budget Com- It is not even the first time this week pleases a certain group of contributors, mittee and has presented the budget of Republicans have played politics with but it is certainly not in the interests the President of the United States—the our judicial system. Just yesterday of the average American citizen. President of the United States, who Senate Majority Leader MITCH MCCON- Clogging up our Federal court system has been duly elected by the people of NELL and Republicans on the Senate with unnecessary cases that should be this country for two terms. Judiciary Committee confirmed that handled in State courts is simply not Now the House Budget Committee Senate Republicans will not hold hear- in the best interest of the American decides that it wants to break 40 years ings or any votes on any nominee by people. Congress should not be taking of tradition and not allow the adminis- President Obama to fill the current va- away the power of the courts to deter- tration to present the President’s cancy on the U.S. Supreme Court, leav- mine where a case should be heard. budget to not just the committee, but ing a vacancy on our highest court for Mr. Speaker, Americans would be also to the country. This isn’t just un- at least a year or more. outraged to learn that we are even con- precedented, this is disrespectful to the Mr. Speaker, for the life of me, I sidering a bill that would tilt the members of the committee and the can’t understand why my Republican scales even more in the direction of big Members of this House. It is certainly friends have spent so much time during corporations. disrespectful to our President and the the last 7 years doing everything they This is the people’s House. We are office of the Presidency. And above all, can to try to obstruct this President’s supposed to be on the side of the peo- it is disrespectful to the American peo- agenda and every idea that this Presi- ple, not on the side of big corporations. ple who expect their elected leaders to dent has had. So I urge my colleagues to reject this at least review the budget of the Presi- The contempt that Republicans have rule, to reject this underlying bill, and dent they elected. demonstrated for this President from to get on the side of the American peo- As I have said before, the American day one, when the Senate majority ple. If we want to do something con- people have elected President Obama leader made clear that they wanted to structive, maybe what we ought to do twice. They did it for a reason. One of make President Obama a one-term is pass a bill that allows the American the reasons was that we were facing President and that the Republicans people to sue the Congress for mal- one of the greatest financial crises in were going to do everything they could practice because that is what this is the history of this country. The record to stop every piece of legislation that about. since President Obama has taken office he proposed because they wanted him This really is malpractice, that we is pretty good. During his time in of- to have no success stories, I think il- are wasting our time on a bill that es- fice, he has overseen one of the most lustrates why this place has become sentially is a giveaway to big corpora- monumental recoveries in our Nation’s the Congress of dysfunction. tions and we are not doing the business history. We need to do better. We need to un- that the people sent us here to do. Consider some of the things that derstand that, in Washington, D.C., our Mr. Speaker, I urge my colleagues to have happened over the past two terms job is to try to get things done, not oppose this rule. of the Obama administration. Over the simply put roadblocks in the way. I reserve the balance of my time. last 6 years, 14 million new jobs have Interfering with our judicial system b 1300 been created; unemployment is now to score political points sets a dan- Mr. COLLINS of Georgia. Mr. Speak- down to 5 percent; our budget deficit is gerous precedent, and the underlying er, I reserve the balance of my time. at the smallest it has been in 8 years, bill that we are set to consider later Mr. MCGOVERN. Mr. Speaker, I am down $1 trillion from the year Presi- today is just one more attempt to un- going to urge that we defeat the pre- dent Obama took office; corporate prof- balance the scales of justice. vious question. If we do defeat the pre- its are up more than 165 percent; the H.R. 3624, the so-called Fraudulent vious question, I am going to offer an Dow Jones average has doubled; the Joinder Prevention Act, works to cre- amendment to the rule to bring up a S&P 500 has more than doubled, up 140 ate a wild west environment for big resolution that would require the Re- percent; the NASDAQ has tripled, ris- corporations by making it harder for publican majority to stop its partisan ing 222 percent; more than 16 million ordinary citizens to hold them ac- games and finally hold hearings on the Americans now have health coverage countable for their actions. It is simply President’s budget proposal. who previously didn’t; and new busi- another Republican handout to big I don’t know why this is so con- ness formations are running at their business. troversial. We ought to have a hearing, highest rate in 17 years. H.R. 3624 is an attempt to create a so- and we ought to talk about various With that record of economic leader- lution to a problem that doesn’t exist. ideas on how to deal with our budget. ship, you would think that not just the The issue of determining if a local The President of the United States is American people, but certainly the party has improperly joined a case is entitled to have a hearing up here in House Budget Committee members already dealt with in our judicial sys- the House of Representatives. would want to hear what this President tem. There is no real evidence that the I urge my colleagues again not to fol- has to say about his vision for the current system is failing to address low suit of the Senate, which is, again, economy going forward and for the any fraudulent joinders. blocking any hearings on a new Su- budget of this government. But no, This bill creates redtape and bu- preme Court nominee. once again, for the first time in 40 reaucracy, something I am constantly Mr. Speaker, I ask unanimous con- years, we don’t have time or, appar- hearing my Republican friends com- sent to insert the text of the amend- ently, the interest to listen to what the plain about, all to make our courts ment in the RECORD, along with extra- President has to say. friendlier to big business. neous material, immediately prior to I shouldn’t say ‘‘we.’’ This is the Re- H.R. 3624 looks to move judicial cases the vote on the previous question. publicans on the Budget Committee. that are supposed to be handled in The SPEAKER pro tempore. Is there Budgets are the way we prioritize our State courts up to the Federal system, objection to the request of the gen- values and our preferences for future where trials take longer and are more tleman from Massachusetts? action. I know why the Republicans expensive. There was no objection. don’t want to hear the President’s This makes it significantly harder Mr. MCGOVERN. Mr. Speaker, I yield budget, because they don’t want the for an individual who has been injured 3 minutes to the distinguished gen- American people to compare what the by a corporation to take them to court tleman from Kentucky (Mr. YARMUTH) President would like to do with what and to be able to receive the compensa- to discuss this proposal. their own budget will do. Now, we don’t

VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.021 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 24, 2016 CONGRESSIONAL RECORD — HOUSE H871 know exactly what that Republican their constituents and other Americans to I have seen for this President is abomi- budget is going to look like this year, say why. nable, it is disgraceful, and it does not but we do know that the Republican Would they prefer to renege on Social Se- represent the American character. curity benefits? Do they think $11 billion to Chairman PRICE of the Budget Com- budget is going to resemble the Paul fight ISIS, as the budget proposes, is too Ryan budget of 2012 and 2011. much? Is $4.3 billion to deter Russian aggres- mittee, Mr. Speaker, recently re- The SPEAKER pro tempore. The sion against NATO allies a bad idea? Does $19 marked he wanted to ‘‘save the Presi- time of the gentleman has expired. billion for cybersecurity to protect govern- dent the embarrassment’’ of having his Mr. MCGOVERN. I yield the gen- ment records, critical infrastructure and Budget Director come testify before tleman from Kentucky an additional 1 user privacy seem frivolous? And is $1.2 bil- the Congress. minute. lion to help states pay for safe drinking Save him the embarrassment? He Mr. YARMUTH. That budget was so water or $292 million to send more pre- should be embarrassed. distasteful to the American people that schoolers to Head Start really unaffordable? This is the first time, Mr. Speaker, Republicans have objected that the presi- his running mate in 2012, Mr. Romney, dent’s budget does not do enough to tackle since 1975 that the Budget Committee was forced to disavow it. We can make the nation’s borrowing. But according to the has not given the basic courtesy of re- our own judgments, but we can’t make White House’s estimate, the proposal would viewing the President’s budget, regard- our own judgments if we can’t see and reduce deficits by $2.9 trillion over the next less of politics, regardless of whether we don’t let the American people see 10 years. That would be sufficient to hold we had a Democratic President or a Re- the administration discuss their prior- deficits below 3 percent of the economy, a publican President, or regardless of ities versus the Republican priorities. level that is widely considered manageable whether we had a Democratic Congress This really is an insult, once again, and even desirable, because a wealthy and or we had a Republican Congress—since growing nation can afford to borrow for to the American people that Repub- projects that would be financially burden- 1975. licans are too scared of the contrast some if paid for all at once. This crass display of partisanship di- that will be presented to even allow the If Republicans have a plan to pay for the minishes the ability of Congress to do President’s budget, the constitu- necessary work of government while elimi- its job. It certainly doesn’t help us in tionally elected President of the nating deficits entirely, they should present reaching across the aisle, or maybe I United States, to have his budget dis- it. am missing something. Had the com- cussed in front of the American people. The problem is that Republicans do not mittee held a hearing on the Presi- have viable alternatives. The budget pro- It is shameful. poses a $10-a-barrel tax on crude oil to help dent’s budget, you would know that it I urge my colleagues to reject the pay for $320 billion in new spending over 10 creates opportunity for all, not just previous question. years on clean-energy transportation those at the top. It invests in growing Mr. COLLINS of Georgia. Mr. Speak- projects. Congressional Republicans, unable the economy and ensuring the United er, I continue to reserve the balance of to break free of their no-new-taxes-ever States is competitive in the 21st cen- my time. stance, have derided the oil tax. But what is tury. Mr. MCGOVERN. Mr. Speaker, I yield their plan to pay for projects to modernize Look, we set the parameters in De- myself such time as I may consume. transportation and promote green tech- cember, just a few months ago, and nology in the absence of a new tax? I include in the RECORD an editorial now what you want to do politically is that appeared in the New York Times, The budget would also raise $272 billion over the next decade by closing tax loopholes tell us you can’t live within those pa- entitled, ‘‘Republican Budget Tan- that let high-income owners of limited-li- rameters. That is what you are telling trum.’’ The editorial concludes with ability companies and other so-called pass- the American people. We agreed to this paragraph saying: through businesses avoid investment taxes that. We voted on it. ‘‘The President’s budget request is a that apply to all other investors. Most of the Now the majority has punted—to use detailed and worthy entry in the con- money would be used to strengthen Medi- the term—its responsibility and post- test of ideas. Its aim is to move the Na- care’s finances. What is the Republican plan poned releasing a budget as it tries to to strengthen Medicare? tion forward. If Republicans had com- cater to the extreme rightwing of its pelling ideas and a similar commit- The president’s budget request is a detailed and worthy entry in the contest of ideas. Its party. ment to progress, they would engage aim is to move the nation forward. If Repub- The SPEAKER pro tempore. The with the proposals in the budget. But licans had compelling ideas and a similar time of the gentleman has expired. they don’t. So they won’t.’’ commitment to progress, they would engage Mr. MCGOVERN. I yield the gen- [From the New York Times, Feb. 9, 2016] with the proposals in the budget. But they tleman from New Jersey an additional REPUBLICAN BUDGET TANTRUM don’t. So they won’t. 1 minute. (By The Editorial Board) Mr. MCGOVERN. Mr. Speaker, I Mr. PASCRELL. By the way, we were By law, dating back to 1921, the president would just say that we are reading in going to be marking up that budget of the United States must submit an annual the press that the chairman of the this week; am I correct? I will stand budget request to Congress. On Tuesday, Budget Committee, the Republican corrected, Mr. Speaker, if I am wrong. President Obama submitted his eighth and chairman of the Budget Committee, is We were supposed to be marking up final budget. And like all presidential budg- now punting on the Republican budget that budget. Now, we have to ask: Why ets, it is a statement of values and priorities, because apparently there is not enough aren’t we marking up that budget? a blueprint for turning ideas into policies, a red meat in there to satisfy the Tea We call on you to use this extra time map of where the president wants to lead the country. Party—or the Freedom Caucus or during this delay to do your job and This week, even before the president’s whatever they call themselves this par- hold a hearing on the President’s budg- budget was released, the Republican chair- ticular week—which is very, very dis- et. It is the right thing to do. It is the men of the budget committees announced turbing. But I think it is important moral thing to do. they would not even hold hearings with the that the Republicans do their job, just Gee, what does that mean? I asked White House budget director to discuss the like the President did his job. And you if you want to work in a bipartisan proposal. while you are waiting to do your job, I way. This would be a demonstration of Their decision is more than a break with tradition. It is a new low in Republican ef- think you should maybe have a hearing how to do that. forts to show disdain for Mr. Obama, which on the President’s budget so that The SPEAKER pro tempore. The disrespects the presidency and, in the proc- maybe some of these ideas, my friends Chair will remind Members to direct ess, suffocates debate and impairs governing. might be able to react to and maybe their remarks to the Chair. Mr. Obama’s budget proposes to spend $4 even find some agreement. Mr. COLLINS of Georgia. Mr. Speak- trillion in the 2017 fiscal year (slightly more Mr. Speaker, I yield 2 minutes to the er, I continue to reserve the balance of than for 2016). That total would cover recur- gentleman from New Jersey (Mr. PAS- my time. ring expenses, including Medicare and Social CRELL). Mr. MCGOVERN. Mr. Speaker, I yield Security, as well as new initiatives to fight Mr. PASCRELL. Mr. Speaker, the re- myself the remainder of my time. terrorism, poverty and climate change, while fostering health, education and environ- fusal of my friends on the other side of Mr. Speaker, let me close by saying mental protection. If Republicans find those the aisle to hold a hearing on the again to my colleagues that they efforts objectionable—as their refusal to President’s budget is an unprecedented should defeat this rule, which is a re- even discuss them indicates—they owe it to show of disrespect. The lack of respect strictive rule. They should vote against

VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.023 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H872 CONGRESSIONAL RECORD — HOUSE February 24, 2016 the previous question so we can actu- It has been an interesting thing in hope of helping this country out of the ally bring forward the resolution that the last few minutes to discuss with situation it is in, then we are not deal- would allow for there to be a hearing my colleagues across the aisle and talk ing in reality, then we are not dealing on the President’s budget proposal, and about real ideas and press releases. in real ideas. We are simply dealing in we should defeat the underlying bill. Well, it is interesting. It has always the fantasy that, one day, it will all We should defeat the underlying bill been the prerogative of Congress and just be better. because it is a giveaway to big corpora- committee chairmen to invite whom Mr. Speaker, I remind our Democrat tions and big special interests. It is a they want and how they run their com- friends who are adamant about bring- bill that seems like it was written in mittees, and that is continuing in that ing the President’s budget into the mix the Republican congressional campaign tradition. that they are welcome to offer it up committee to make big contributors I think it is interesting that at the when a vote comes; but the last time happy. It does nothing to protect the time it was announced, no hearing on the President’s budget hit the floor, it well-being and the interests of average the President’s budget was needed; we got all of two votes. Americans, of small businesses, and of had no reason to believe the Presi- The material previously referred to people who do not have a lot of wealth. dent’s budget would balance or show by Mr. MCGOVERN is as follows: For those reasons, we ought to reject any real interest in doing the fiscal AN AMENDMENT TO H. RES. 618 OFFERED BY the underlying bill, we ought to have a challenge. MR. MCGOVERN debate on the President’s budget pro- If you want to talk about press re- At the end of the resolution, add the fol- posal, and we ought to have a debate leases, go look at what was handed out lowing new sections: on whatever the Republicans come up just a few weeks ago. In the President’s SEC. 2. Immediately upon the adoption of with on their budget proposal. budget, it had a great picture of a this resolution it shall be in order without Speaker RYAN said that this would be intervention of any point of order to con- mountain on the front. It was great sider in the House the resolution (H. Res. 624) the year of ideas, but it seems that any symbolism because it basically just idea that isn’t the idea of a small group Directing the Committee on the Budget to symbolized that this is a budget of of very, very rightwing Republicans is hold a public hearing on the President’s fis- debt; it is a mountain of debt; it has no cal year 2017 budget request with the Direc- not welcome to be talked about, never hope, no promise—never will—to bal- tor of the Office of Management and Budget mind deliberated on, in this Congress. ance our budget. as a witness. The resolution shall be consid- We need to listen to all ideas, and that Do you want to talk about real ideas? ered as read. The previous question shall be includes what the President has pro- It reminds me of when I was going back considered as ordered on the resolution and posed. preamble to adoption without intervening By the way, this is a President who, and I was raising my children when motion or demand for division of the ques- notwithstanding all of the attempts by they were smaller, and I would say it is tion except one hour of debate equally di- my Republican friends to try to frus- time to eat and they would say: Daddy, vided and controlled by the chair and rank- trate all of his legislative efforts, has a we want candy. Daddy, we want this. ing minority member of the Committee on record of accomplishment nonetheless, I would say: You have to eat real the Budget. food. SEC. 3. Clause 1(c) of rule XIX shall not and one that I think we Democrats are apply to the consideration of the resolution very, very proud of. Real ideas mean that in this country we take them seriously. specified in section 2 of this resolution. But the fact of the matter is he is the THE VOTE ON THE PREVIOUS QUESTION: WHAT President. He was elected not once, but b 1315 IT REALLY MEANS he was elected twice. The American It means a budget that can actually This vote, the vote on whether to order the people elected him twice. He is our balance. previous question on a special rule, is not President for another year, whether When you have military leaders, merely a procedural vote. A vote against or- my friends like it other not. He ought business leaders, and community lead- dering the previous question is a vote to be given the respect—and not just against the Republican majority agenda and ers saying that the greatest threat to him, but the Presidency ought to be a vote to allow the Democratic minority to America right now is our debt and def- given the respect—to not play these offer an alternative plan. It is a vote about icit situation, and, yet, the President, kinds of political games when it comes what the House should be debating. in his own press release—if you would, Mr. Clarence Cannon’s Precedents of the to the budget. a large budget—says that we are never House of Representatives (VI, 308–311), de- I hope that the previous question will scribes the vote on the previous question on be defeated so that we can bring this going to balance, that we don’t hope to balance, I do not understand the dis- the rule as ‘‘a motion to direct or control the amendment to the floor for a vote. consideration of the subject before the House Again, I urge my colleagues, we have connect from the kitchen table to the being made by the Member in charge.’’ To a lot to do. Let’s stop bringing press re- White House’s kitchen table. Undoubt- defeat the previous question is to give the leases to the floor for votes, and let’s edly, there is a disconnect, because you opposition a chance to decide the subject be- start doing business that will actually put forth an idea that is not serious, fore the House. Cannon cites the Speaker’s help the American people. This has be- and you are not putting forth an idea ruling of January 13, 1920, to the effect that come a place where trivial issues get that balances. It is the compelling idea ‘‘the refusal of the House to sustain the de- mand for the previous question passes the debated passionately but important that makes us move forward. The budget debate that Congress is control of the resolution to the opposition’’ ones not at all. We need to change in order to offer an amendment. On March that. There is a reason why Congress is having right now is one that the Amer- 15, 1909, a member of the majority party of- so low in the public opinion polls. What ican people are demanding. It is about fered a rule resolution. The House defeated is happening today is an example of how we advance a budget that balances the previous question and a member of the that. and that addresses fiscal challenges so opposition rose to a parliamentary inquiry, Mr. Speaker, I yield back the balance we can have a strong national defense, asking who was entitled to recognition. of my time. a healthy economy, and healthy retire- Speaker Joseph G. Cannon (R–Illinois) said: Mr. COLLINS of Georgia. Mr. Speak- ments and security for seniors and ‘‘The previous question having been refused, er, I yield myself the remainder of my families. The President’s ‘‘status quo’’ the gentleman from New York, Mr. Fitz- gerald, who had asked the gentleman to time. budget doesn’t do that. In fact, it yield to him for an amendment, is entitled to It has been interesting. Again, I want doesn’t do anything with regard to the first recognition.’’ to just remind everyone, Mr. Speaker, what we have talked about. The Republican majority may say ‘‘the that this is a rule debate about a bill Mr. Speaker, I was back in my dis- vote on the previous question is simply a that is coming forward to discuss a trict last week, as many of us were. vote on whether to proceed to an immediate fraudulent joinder, which is something One of the many things we are hearing vote on adopting the resolution . . . [and] that impacts our communities and im- in this election season is the reality has no substantive legislative or policy im- pacts our legal system. Just as a re- that there is a disconnect between plications whatsoever.’’ But that is not what they have always said. Listen to the Repub- minder, I am going to ask that you Main Street and inside this beltway. As lican Leadership Manual on the Legislative vote for the rule and for the underlying long as there are ideas down a certain Process in the United States House of Rep- bill, H.R. 3624, which will have plenty avenue called Pennsylvania that say resentatives, (6th edition, page 135). Here’s of debate forthcoming. we want to put a budget up that has no how the Republicans describe the previous

VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.024 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 24, 2016 CONGRESSIONAL RECORD — HOUSE H873 question vote in their own manual: ‘‘Al- Hanna McClintock Salmon Peters Schakowsky Torres though it is generally not possible to amend Hardy McHenry Sanford Peterson Schiff Tsongas the rule because the majority Member con- Harper McKinley Scalise Pingree Schrader Van Hollen Pocan Scott (VA) trolling the time will not yield for the pur- Harris McMorris Schweikert Vargas Hartzler Rodgers Polis Scott, David pose of offering an amendment, the same re- Scott, Austin Veasey Heck (NV) McSally Sensenbrenner Price (NC) Serrano Vela sult may be achieved by voting down the pre- Hensarling Meadows Sessions Quigley Sewell (AL) Vela´ zquez vious question on the rule. . . . When the Hice, Jody B. Meehan Shimkus Rangel Sherman Visclosky Rice (NY) Sinema motion for the previous question is defeated, Hill Messer Shuster Walz Holding Mica Richmond Sires control of the time passes to the Member Simpson Wasserman Hudson Miller (FL) Roybal-Allard Slaughter who led the opposition to ordering the pre- Smith (MO) Schultz Ruiz Swalwell (CA) vious question. That Member, because he Huelskamp Miller (MI) Smith (NE) Hultgren Moolenaar Ruppersberger Takai Waters, Maxine Smith (NJ) then controls the time, may offer an amend- Hunter Mooney (WV) Rush Takano Watson Coleman Smith (TX) ment to the rule, or yield for the purpose of Hurd (TX) Mullin Ryan (OH) Thompson (CA) Welch Stefanik amendment.’’ Hurt (VA) Mulvaney Sa´ nchez, Linda Thompson (MS) Wilson (FL) In Deschler’s Procedure in the U.S. House Issa Neugebauer Stewart T. Titus Yarmuth Stivers of Representatives, the subchapter titled Jenkins (KS) Newhouse Sarbanes Tonko Jenkins (WV) Noem Stutzman ‘‘Amending Special Rules’’ states: ‘‘a refusal Thompson (PA) NOT VOTING—16 to order the previous question on such a rule Johnson (OH) Nugent Johnson, Sam Nunes Thornberry Blumenauer Huizenga (MI) Rooney (FL) [a special rule reported from the Committee Jolly Olson Tiberi Buck Kelly (IL) Sanchez, Loretta on Rules] opens the resolution to amend- Jones Palazzo Tipton Cook Murphy (PA) Smith (WA) ment and further debate.’’ (Chapter 21, sec- Jordan Palmer Trott Green, Gene Napolitano Speier tion 21.2) Section 21.3 continues: ‘‘Upon re- Joyce Paulsen Turner Hastings Rice (SC) jection of the motion for the previous ques- Katko Pearce Upton Herrera Beutler Roby tion on a resolution reported from the Com- Kelly (MS) Perry Valadao mittee on Rules, control shifts to the Mem- Kelly (PA) Pittenger Wagner King (IA) Pitts Walberg b 1340 ber leading the opposition to the previous King (NY) Poe (TX) Walden Messrs. CA´ RDENAS, LYNCH, RUSH, question, who may offer a proper amendment Kinzinger (IL) Poliquin Walker or motion and who controls the time for de- Kline Pompeo Walorski and FARR changed their votes from bate thereon.’’ Knight Posey Walters, Mimi ‘‘yea’’ to ‘‘nay.’’ Clearly, the vote on the previous question Labrador Price, Tom Weber (TX) So the previous question was ordered. LaHood Ratcliffe on a rule does have substantive policy impli- Webster (FL) The result of the vote was announced cations. It is one of the only available tools LaMalfa Reed Wenstrup Lamborn Reichert Westerman as above recorded. for those who oppose the Republican major- Lance Renacci Westmoreland Stated against: ity’s agenda and allows those with alter- Latta Ribble Whitfield native views the opportunity to offer an al- LoBiondo Rigell Mrs. NAPOLITANO. Mr. Speaker, on ternative plan. Long Roe (TN) Williams Wednesday, February 24, 2016, I was absent Wilson (SC) Loudermilk Rogers (AL) during rollcall vote No. 85. Had I been Mr. COLLINS of Georgia. Mr. Speak- Love Rogers (KY) Wittman er, I yield back the balance of my time, Lucas Rohrabacher Womack present, I would have voted ‘‘no’’ on the Mo- and I move the previous question on Luetkemeyer Rokita Woodall tion on Ordering the Previous Question on the Yoder the resolution. Lummis Ros-Lehtinen Rule providing for consideration of H.R. 3624. MacArthur Roskam Yoho The SPEAKER pro tempore. The The SPEAKER pro tempore. The Marchant Ross Young (AK) question is on ordering the previous Marino Rothfus Young (IA) question is on the resolution. question. Massie Rouzer Young (IN) The question was taken; and the McCarthy Royce Zeldin Speaker pro tempore announced that The question was taken; and the McCaul Russell Zinke Speaker pro tempore announced that the ayes appeared to have it. the ayes appeared to have it. NAYS—180 RECORDED VOTE Mr. MCGOVERN. Mr. Speaker, on Adams Delaney Kilmer Mr. MCGOVERN. Mr. Speaker, I de- that I demand the yeas and nays. Aguilar DeLauro Kind mand a recorded vote. The yeas and nays were ordered. Ashford DelBene Kirkpatrick A recorded vote was ordered. Bass DeSaulnier Kuster The SPEAKER pro tempore. Pursu- Beatty Deutch Langevin The SPEAKER pro tempore. This is a ant to clause 9 of rule XX, the Chair Becerra Dingell Larsen (WA) 5-minute vote. will reduce to 5 minutes the minimum Bera Doggett Larson (CT) The vote was taken by electronic de- Beyer Doyle, Michael Lawrence vice, and there were—ayes 238, noes 180, time for any electronic vote on the Bishop (GA) F. Lee question of adoption. Bonamici Duckworth Levin not voting 15, as follows: The vote was taken by electronic de- Boyle, Brendan Edwards Lewis [Roll No. 86] vice, and there were—yeas 237, nays F. Ellison Lieu, Ted Brady (PA) Engel Lipinski AYES—238 180, not voting 16, as follows: Brown (FL) Eshoo Loebsack Abraham Clawson (FL) Forbes [Roll No. 85] Brownley (CA) Esty Lofgren Aderholt Coffman Fortenberry Bustos Farr Lowenthal Allen Cole Foxx YEAS—237 Butterfield Fattah Lowey Amash Collins (GA) Franks (AZ) Abraham Carter (GA) Ellmers (NC) Capps Foster Lujan Grisham Amodei Collins (NY) Frelinghuysen Aderholt Carter (TX) Emmer (MN) Capuano Frankel (FL) (NM) Babin Comstock Garrett Allen Chabot Farenthold Ca´ rdenas Fudge Luja´ n, Ben Ray Barletta Conaway Gibbs Amash Chaffetz Fincher Carney Gabbard (NM) Barr Costello (PA) Gibson Amodei Clawson (FL) Fitzpatrick Carson (IN) Gallego Lynch Barton Cramer Gohmert Babin Coffman Fleischmann Cartwright Garamendi Maloney, Benishek Crawford Goodlatte Barletta Cole Fleming Castor (FL) Graham Carolyn Bilirakis Crenshaw Gosar Barr Collins (GA) Flores Castro (TX) Grayson Maloney, Sean Bishop (MI) Culberson Gowdy Barton Collins (NY) Forbes Chu, Judy Green, Al Matsui Bishop (UT) Curbelo (FL) Granger Benishek Comstock Fortenberry Cicilline Grijalva McCollum Black Davis, Rodney Graves (GA) Bilirakis Conaway Foxx Clark (MA) Gutie´rrez McDermott Blackburn Denham Graves (LA) Bishop (MI) Costello (PA) Franks (AZ) Clarke (NY) Hahn McGovern Blum Dent Graves (MO) Bishop (UT) Cramer Frelinghuysen Clay Heck (WA) McNerney Bost DeSantis Griffith Black Crawford Garrett Cleaver Higgins Meeks Boustany DesJarlais Grothman Blackburn Crenshaw Gibbs Clyburn Himes Meng Brady (TX) Diaz-Balart Guinta Blum Culberson Gibson Cohen Hinojosa Moore Brat Dold Guthrie Bost Curbelo (FL) Gohmert Connolly Honda Moulton Bridenstine Donovan Hanna Boustany Davis, Rodney Goodlatte Conyers Hoyer Murphy (FL) Brooks (AL) Duffy Hardy Brady (TX) Denham Gosar Cooper Huffman Nadler Brooks (IN) Duncan (SC) Harper Brat Dent Gowdy Costa Israel Neal Buchanan Duncan (TN) Harris Bridenstine DeSantis Granger Courtney Jackson Lee Nolan Bucshon Ellmers (NC) Hartzler Brooks (AL) DesJarlais Graves (GA) Crowley Jeffries Norcross Burgess Emmer (MN) Heck (NV) Brooks (IN) Diaz-Balart Graves (LA) Cuellar Johnson (GA) O’Rourke Byrne Farenthold Hensarling Buchanan Dold Graves (MO) Cummings Johnson, E. B. Pallone Calvert Fincher Hice, Jody B. Bucshon Donovan Griffith Davis (CA) Kaptur Pascrell Carter (GA) Fitzpatrick Hill Burgess Duffy Grothman Davis, Danny Keating Payne Carter (TX) Fleischmann Holding Byrne Duncan (SC) Guinta DeFazio Kennedy Pelosi Chabot Fleming Hudson Calvert Duncan (TN) Guthrie DeGette Kildee Perlmutter Chaffetz Flores Huelskamp

VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A24FE7.014 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H874 CONGRESSIONAL RECORD — HOUSE February 24, 2016 Hultgren Messer Scalise Ruiz Sinema Veasey To the Congress of the United States: Hunter Mica Schweikert Ruppersberger Sires Vela Pursuant to the authority vested in Hurd (TX) Miller (FL) Scott, Austin Rush Slaughter Vela´ zquez Hurt (VA) Miller (MI) Sensenbrenner Ryan (OH) Swalwell (CA) Visclosky me by the Constitution and the laws of Issa Moolenaar Sessions Sa´ nchez, Linda Takai Walz the United States, including section 1 Jenkins (KS) Mooney (WV) Shimkus T. Takano Wasserman of title II of Public Law 65–24, ch. 30, Sarbanes Thompson (CA) Jenkins (WV) Mullin Shuster Schultz June 15, 1917, as amended (50 U.S.C. Johnson (OH) Mulvaney Simpson Schakowsky Thompson (MS) Waters, Maxine Schiff Titus Johnson, Sam Murphy (PA) Smith (MO) Watson Coleman 191), sections 201, 202, and 301 of the Na- Jolly Neugebauer Schrader Tonko Smith (NE) Welch tional Emergencies Act (50 U.S.C. 1601 Jones Newhouse Scott (VA) Torres Smith (NJ) Wilson (FL) et seq.), and section 301 of title 3, Jordan Noem Scott, David Tsongas Stefanik Yarmuth United States Code, I hereby report Joyce Nugent Stewart Serrano Van Hollen Katko Nunes Stivers Sherman Vargas that I have issued a Proclamation to Kelly (MS) Olson Stutzman NOT VOTING—15 modify and continue the national Kelly (PA) Palazzo Thompson (PA) emergency declared in Proclamations King (IA) Palmer Thornberry Buck Huizenga (MI) Sanchez, Loretta King (NY) Paulsen 6867 and 7757. Tiberi Cook Kelly (IL) Sewell (AL) Kinzinger (IL) Pearce Tipton Green, Gene Napolitano Smith (TX) The Proclamation recognizes that Kline Perry Trott Hastings Roby Smith (WA) certain descriptions of the national Knight Pittenger Herrera Beutler Rooney (FL) Speier Turner Labrador Pitts emergency set forth in Proclamations Upton LaHood Poe (TX) b 1347 6867 and 7757 no longer reflect the Valadao LaMalfa Poliquin international relations of the United Lamborn Pompeo Wagner So the resolution was agreed to. Lance Posey Walberg The result of the vote was announced States related to Cuba. Further, the Latta Price, Tom Walden as above recorded. Proclamation recognizes the reestab- LoBiondo Ratcliffe Walker lishment of diplomatic relations be- Walorski A motion to reconsider was laid on Long Reed tween the United States and Cuba, and Loudermilk Reichert Walters, Mimi the table. Love Renacci Weber (TX) Stated against: that the United States continues to Webster (FL) Lucas Ribble Mrs. NAPOLITANO. Mr. Speaker, on pursue the progressive normalization Luetkemeyer Rice (SC) Wenstrup of relations while aspiring toward a Lummis Rigell Westerman Wednesday, February 24, 2016, I was absent MacArthur Roe (TN) Westmoreland during rollcall vote No. 86. Had I been peaceful, prosperous, and democratic Marchant Rogers (AL) Whitfield present, I would have voted ‘‘no’’ on H. Res. Cuba. Williams Marino Rogers (KY) 618—Rule providing for consideration of H.R. The Proclamation clarifies the na- Massie Rohrabacher Wilson (SC) tional emergency related to Cuba and McCarthy Rokita Wittman 3624—Fraudulent Joinder Prevention Act of McCaul Ros-Lehtinen Womack 2015. specifically provides the following McClintock Roskam Woodall Ms. SEWELL of Alabama. Mr. Speaker, dur- statements related to U.S. national se- McHenry Ross Yoder ing rollcall vote No. 86 on February 24, 2016, curity and foreign policy: McKinley Rothfus Yoho ∑ McMorris Rouzer Young (AK) I was unavoidably detained. Had I been It is U.S. policy that a mass migra- Rodgers Royce Young (IA) present, I would have voted ‘‘no.’’ tion from Cuba would endanger the se- McSally Russell Young (IN) curity of the United States by posing a PERSONAL EXPLANATION Meadows Salmon Zeldin disturbance or threatened disturbance Meehan Sanford Zinke Mr. GENE GREEN of Texas. I was unable of the international relations of the to vote on Wednesday, February 24, 2016, United States. NOES—180 due to important events being held today in ∑ The unauthorized entry of vessels Adams DeSaulnier Lawrence our district in Houston and Harris County, Aguilar Deutch Lee subject to the jurisdiction of the Texas. If I had been able to vote, I would have Ashford Dingell Levin United States into Cuban territorial voted as follows: On the motion on ordering Bass Doggett Lewis waters is in violation of U.S. law and Beatty Doyle, Michael Lieu, Ted the previous question on the rule for consider- contrary to U.S. policy. Becerra F. Lipinski ation of H.R. 3624, the Fraudulent Joinder Bera Duckworth Loebsack ∑ The unauthorized entry of U.S.-reg- Prevention Act of 2015, I would have voted Beyer Edwards Lofgren istered vessels into Cuban territorial Bishop (GA) Ellison Lowenthal ‘‘no.’’ On passage of H. Res. 618, the rule waters is detrimental to U.S. foreign Blumenauer Engel Lowey providing for consideration of H.R. 3624, I Bonamici Eshoo Lujan Grisham policy, and counter to the purpose of would have voted ‘‘no.’’ Boyle, Brendan Esty (NM) Executive Order 12807, which is to en- F. Farr Luja´ n, Ben Ray f Brady (PA) Fattah (NM) sure, among other things, safe, orderly, Brown (FL) Foster Lynch REMOVAL OF NAME OF MEMBER and legal migration. Brownley (CA) Frankel (FL) Maloney, AS COSPONSOR OF H. RES. 571 ∑ The possibility of large-scale unau- Bustos Fudge Carolyn thorized entries of U.S-registered ves- Butterfield Gabbard Maloney, Sean Mr. CHABOT. Mr. Speaker, I ask sels would disturb the international re- Capps Gallego Matsui unanimous consent that my name be Capuano Garamendi McCollum lations of the United States by facili- removed as a cosponsor of H. Res. 571. Ca´ rdenas Graham McDermott tating a possible mass migration of The SPEAKER pro tempore (Mr. Carney Grayson McGovern Cuban nationals. Carson (IN) Green, Al McNerney STEWART). Is there objection to the re- I have directed the Secretary of Cartwright Grijalva Meeks quest of the gentleman from Ohio? Castor (FL) Gutie´rrez Meng Homeland Security (the ‘‘Secretary’’) There was no objection. Castro (TX) Hahn Moore to make and issue such rules and regu- Chu, Judy Heck (WA) Moulton f Cicilline Higgins Murphy (FL) lations as the Secretary may find ap- Clark (MA) Himes Nadler MODIFYING AND CONTINUING THE propriate to regulate the anchorage Clarke (NY) Hinojosa Neal and movement of vessels, and authorize Clay Honda Nolan NATIONAL EMERGENCY WITH Cleaver Hoyer Norcross RESPECT TO CUBA AND CON- and approve the Secretary’s issuance of Clyburn Huffman O’Rourke TINUING TO AUTHORIZE THE such rules and regulations, as author- Cohen Israel Pallone REGULATION OF THE ANCHOR- ized by the Act of June 15, 1917. Connolly Jackson Lee Pascrell I am enclosing a copy of the Procla- Conyers Jeffries Payne AGE AND MOVEMENT OF VES- Cooper Johnson (GA) Pelosi SELS—MESSAGE FROM THE mation I have issued. Costa Johnson, E. B. Perlmutter PRESIDENT OF THE UNITED BARACK OBAMA. Courtney Kaptur Peters THE WHITE HOUSE, February 24, 2016. Crowley Keating Peterson STATES (H. DOC. NO. 114–102) Cuellar Kennedy Pingree The SPEAKER pro tempore laid be- f Cummings Kildee Pocan fore the House the following message Davis (CA) Kilmer Polis ANNOUNCEMENT BY THE SPEAKER Davis, Danny Kind Price (NC) from the President of the United DeFazio Kirkpatrick Quigley States; which was read and, together PRO TEMPORE DeGette Kuster Rangel with the accompanying papers, referred The SPEAKER pro tempore. Pursu- Delaney Langevin Rice (NY) DeLauro Larsen (WA) Richmond to the Committee on Foreign Affairs ant to clause 8 of rule XX, the Chair DelBene Larson (CT) Roybal-Allard and ordered to be printed: will postpone further proceedings

VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A24FE7.017 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 24, 2016 CONGRESSIONAL RECORD — HOUSE H875 today on additional motions to suspend I urge passage of the measure. Mr. Speaker, I rise in support of H.R. the rules on which a recorded vote or Mr. Speaker, I reserve the balance of 3004, a bill that makes a technical the yeas and nays are ordered, or on my time. change to the Gullah/Geechee Cultural which the vote incurs objection under Ms. TSONGAS. Mr. Speaker, I yield Heritage Act. clause 6 of rule XX. myself such time as I may consume. Gullah/Geechee is a blend of African Record votes on postponed questions Mr. Speaker, this bill simply extends and European language, culture, and will be taken later. the authorization of the Gullah/ traditions found along the coast and f Geechee Cultural Heritage Corridor sea islands of North Carolina, South Commission from 10 to 15 years. Carolina, Georgia, and Florida, where GULLAH/GEECHEE CULTURAL Congress designated the Gullah/ former slaves began their freedom in HERITAGE ACT AMENDMENT Geechee Heritage Corridor in 2006 to isolated and remote communities and Mr. MCCLINTOCK. Mr. Speaker, I promote and interpret the story of Af- nurtured unique cultural traditions. move to suspend the rules and pass the rican Americans known as Gullah/ The Gullah/Geechee Cultural Herit- bill (H.R. 3004) to amend the Gullah/ Geechee who settled along the coast of age Act, signed into law in 2006, cre- Geechee Cultural Heritage Act to ex- North Carolina, South Carolina, Geor- ated the Gullah/Geechee Heritage Cor- tend the authorization for the Gullah/ gia, and Florida. ridor to preserve and protect the re- Geechee Cultural Heritage Corridor The enabling legislation for the cor- maining vestiges of this living culture, Commission. ridor, while providing a 15-year author- which has been threatened by develop- The Clerk read the title of the bill. ity for technical and financial assist- ment in these coastal communities. The text of the bill is as follows: ance, only gave the identified local co- Called Gullah in the Carolinas and H.R. 3004 ordinating entity a 10-year authoriza- Geechee in Georgia and Florida, these tion. This bill matches up the two au- Be it enacted by the Senate and House of Rep- enclaves of language and culture pro- resentatives of the United States of America in thorities so the Commission can con- vide a significant link to African Congress assembled, tinue its work. American heritage. As a former history SECTION 1. EXTENSION OF THE AUTHORIZATION I want to thank the gentleman from teacher and historic preservation advo- FOR THE GULLAH/GEECHEE CUL- South Carolina (Mr. CLYBURN) for cate, the establishment of the heritage TURAL HERITAGE CORRIDOR COM- bringing this issue to our attention and corridor is one of my proudest achieve- MISSION. all of his work on behalf of the Gullah/ ments in Congress. Section 295D(d) of the Gullah/Geechee Cul- Geechee Heritage Corridor. This bill before us corrects a tech- tural Heritage Act (Public Law 109–338; 120 Mr. Speaker, I reserve the balance of Stat. 1833; 16 U.S.C. 461 note) is amended by nical issue by extending the authoriza- striking ‘‘10 years’’ and inserting ‘‘15 years’’. my time. tion of the Commission created by the Mr. MCCLINTOCK. Mr. Speaker, I am original legislation to coincide with The SPEAKER pro tempore. Pursu- pleased to yield 2 minutes to the gen- ant to the rule, the gentleman from the heritage corridor, which runs to tleman from Georgia (Mr. CARTER). 2021. Without this change, the heritage California (Mr. MCCLINTOCK) and the Mr. CARTER of Georgia. Mr. Speak- gentlewoman from Massachusetts (Ms. corridor would continue to exist but er, I rise today in support of H.R. 3004, would need to be managed by a new en- TSONGAS) each will control 20 minutes. which would extend authorization for tity, eroding the progress the current The Chair recognizes the gentleman the Gullah/Geechee Cultural Heritage from California. Commission has made toward imple- Corridor Commission through October menting its management plan. Enact- GENERAL LEAVE of 2021. ing this legislation will ensure con- Mr. MCCLINTOCK. Mr. Speaker, I The low country and sea islands of tinuity in the management of the cor- ask unanimous consent that all Mem- our southeastern States, including the ridor so that its mission is carried out bers may have 5 legislative days to re- First Congressional District of Geor- as efficiently and effectively as pos- vise and extend their remarks and in- gia, are home to some of our Nation’s sible. clude extraneous materials on the bill most treasured cultures. One of the I want to thank the chairman and under consideration. most unique is the Gullah/Geechee peo- ranking members of the Committee on The SPEAKER pro tempore. Is there ple. Natural Resources and Subcommittee objection to the request of the gen- Over the past three centuries, the on Federal Lands for their support of tleman from California? Gullah/Geechee people have developed this bill and for moving it swiftly to There was no objection. and preserved their own distinct lan- the House floor today for consider- Mr. MCCLINTOCK. Mr. Speaker, I guage and culture that retains many of ation. yield myself such time as I may con- their African traditions. The Gullah/ Mr. Speaker, I urge all my colleagues sume. Geechee Cultural Heritage Corridor to support its passage. H.R. 3004, introduced by the gen- was created to recognize the cultural Mr. MCCLINTOCK. Mr. Speaker, I tleman from South Carolina (Mr. CLY- contributions of the Gullah/Geechee yield 2 minutes to the gentleman from BURN), amends the Gullah/Geechee Cul- and to assist in preserving and inter- South Carolina (Mr. RICE). tural Heritage Act by extending the preting their history, language, folk- authorization for the Gullah/Geechee lore, art, and music. b 1400 Cultural Heritage Corridor Commis- The Gullah/Geechee Cultural Herit- Mr. RICE of South Carolina. I thank sion. age Corridor Commission coordinates the distinguished gentleman for yield- The corridor exists to preserve and with local officials and communities to ing. foster the unique cultural communities preserve and honor the Gullah/Geechee The Gullah/Geechee culture is in- formed by Americans of African de- heritage for years to come. fused throughout the low country of scent along the Atlantic coastal is- H.R. 3004 would extend the Commis- South Carolina. In fact, it is a big part lands of four States and that existed in sion’s authorization for an additional 5 of what makes the low country of relative isolation for many genera- years so that they may continue their South Carolina so unique. From tions. mission of preserving the valuable con- Daufuskie on the southern end to Lit- During those years, a distinct and tributions of the Gullah/Geechee cul- tle River Neck on the northern end, uniquely American culture evolved, a ture. that culture permeates our geography culture that is gradually slipping from I urge my colleagues to support this and our people. us in the march of the modern world. bill. My father’s family, my grandfather’s Although the heritage corridor was Ms. TSONGAS. Mr. Speaker, I yield family, my brother, and myself were authorized through October 12, 2021, such time as he may consume to the raised in the midst of the Gullah/ the Commission was only authorized gentleman from South Carolina (Mr. Geechee culture. In all of our cities— through October 12, 2016. Without any CLYBURN), my distinguished colleague. again, from north to south; in Charles- legislative change, the corridor will Mr. CLYBURN. Mr. Speaker, I thank ton, Myrtle Beach, and Georgetown— have to be managed by a different, as the gentlewoman for yielding me the you can see those traditions infused yet unconstituted, entity. time. throughout those communities.

VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.032 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H876 CONGRESSIONAL RECORD — HOUSE February 24, 2016 The traditions of the Gullah/Geechee The SPEAKER pro tempore. Pursu- goals: to redesignate the Martin Lu- arts, oral history, literature, music, ant to the rule, the gentleman from ther King, Junior, National Historic cuisine, and others, have made a dis- California (Mr. MCCLINTOCK) and the Site in Atlanta, Georgia, as a National tinctive impact on the coastal Carolina gentlewoman from Massachusetts (Ms. Historical Park, and to adjust the culture. Growing up on the coast, I TSONGAS) each will control 20 minutes. boundary of the park to include the have fond memories of the Gullah/ The Chair recognizes the gentleman Prince Hall Masonic Temple. These ac- Geechee people and their way of life. from California. tions will enhance the ability of the Authorizing the Gullah/Geechee Cul- GENERAL LEAVE National Park Service and the commu- tural Heritage Corridor Commission is Mr. MCCLINTOCK. Mr. Speaker, I nity to tell the very important story of important to preserving and managing ask unanimous consent that all Mem- Dr. King. the uniqueness of their important tra- bers may have 5 legislative days to re- The site, which is the final resting ditions. I support the reauthorization vise and extend their remarks and in- place of the great civil rights leader, of the Commission and the passage of clude extraneous materials on the bill continues to connect visitors with the H.R. 3004. under consideration. historical and contemporary struggles Ms. TSONGAS. Mr. Speaker, I yield The SPEAKER pro tempore. Is there for civil rights in this country. These back the balance of my time. objection to the request of the gen- stories are as relevant today as they Mr. MCCLINTOCK. Mr. Speaker, I tleman from California? were half a century ago. This legisla- urge adoption of this measure, and I There was no objection. tion will provide the site with the prop- yield back the balance of my time. Mr. MCCLINTOCK. I yield myself er acknowledgment that it deserves. The SPEAKER pro tempore. The such time as I may consume. I want to thank Congressman LEWIS, question is on the motion offered by Mr. Speaker, H.R. 2880, introduced by who remains an important civil rights the gentleman from California (Mr. our colleague, JOHN LEWIS, redesig- leader, for bringing this important bill MCCLINTOCK) that the House suspend nates the Martin Luther King, Junior, forward. the rules and pass the bill, H.R. 3004. National Historic Site in the State of I yield such time as he may consume The question was taken; and (two- Georgia as the Martin Luther King, Jr. to the gentleman from Georgia (Mr. thirds being in the affirmative) the National Historical Park. It also au- LEWIS). Mr. LEWIS. Mr. Speaker, I rise as the rules were suspended and the bill was thorizes the National Park Service to passed. proud sponsor of this legislation. include the Prince Hall Masonic Tem- First, let me thank Chairman A motion to reconsider was laid on ple in the Historical Park’s boundaries. BISHOP, Ranking Member GRIJALVA, the table. The Prince Hall Masonic Temple long and all the staff of the Natural Re- f served as the headquarters of the sources Committee for their hard work MARTIN LUTHER KING, JR. NA- Southern Christian Leadership Con- and support of this act. TIONAL HISTORICAL PARK ACT ference. This historic and distinguished Mr. Speaker, my bipartisan bill will OF 2016 civil rights organization was cofounded create the first National Historic Park by Dr. King, who also served as its first in the State of Georgia. This technical Mr. MCCLINTOCK. Mr. Speaker, I president. Including the Prince Hall change from a ‘‘Site’’ to a ‘‘Park’’ will move to suspend the rules and pass the Masonic Temple within the unit’s bill (H.R. 2880) to redesignate the Mar- make it easier for the National Park boundary allows the National Park Service to share the history of the tin Luther King, Junior, National His- Service to provide technical assistance American civil rights movement with toric Site in the State of Georgia, and to the building’s owners with respect national and international visitors to for other purposes, as amended. to repairs, renovations, and mainte- The Clerk read the title of the bill. Atlanta. nance that would preserve its historic These historic spaces are located in The text of the bill is as follows: integrity. my congressional district in downtown H.R. 2880 It can be said that every American Atlanta, on and around Auburn Ave- Be it enacted by the Senate and House of Rep- figuratively walks in the footsteps of nue. This is where Dr. King was born resentatives of the United States of America in the American Founders and those who Congress assembled, and raised, where he was nurtured and followed them and who perfected their taught, where he preached and loved. SECTION 1. SHORT TITLE. vision. Because of their work, we enjoy This Act may be cited as the ‘‘Martin Luther I was a teenager when I first met Dr. King, Jr. National Historical Park Act of 2016’’. the blessings of a free government that King in 1958, at the age of 18. This con- exists to protect the God-given natural SEC. 2. MARTIN LUTHER KING, JR. NATIONAL HIS- versation forever changed my life, but TORICAL PARK. rights of every person and a free soci- I was not the only one. Many, many The Act entitled ‘‘An Act to establish the ety where every person will be judged, people were touched by this man’s ge- Martin Luther King, Junior, National Historic in Dr. King’s words, ‘‘on the content of nius and compassion for all human- Site in the State of Georgia, and for other pur- his character.’’ kind. Dr. King’s mission was to create poses’’ (Public Law 96–428) is amended— Our historical parks give us the op- the beloved community, a community (1) in subsection (a) of the first section, by portunity literally to walk in the foot- of justice, a community at peace with striking ‘‘the map entitled ‘Martin Luther King, steps of these great Americans who Junior, National Historic Site Boundary Map’, itself. number 489/80,013B, and dated September 1992’’ have struggled over the centuries to se- Dr. King had the power to bring peo- and inserting ‘‘the map entitled ‘Martin Luther cure this vision. Those who gathered ple together to do good. His message King, Jr. National Historical Park Proposed around Dr. Martin Luther King, Jr., in was love, his weapon was truth, and the Boundary Revision’, numbered 489/128,786 and the 1950s walked the streets of this method was the way of nonviolence and dated June 2015’’; neighborhood, and its preservation passive resistance. (2) by striking ‘‘Martin Luther King, Junior, gives us and future generations a tan- Dr. Martin Luther King, Jr., led a National Historic Site’’ each place it appears gible link with them. nonviolent movement that changed the and inserting ‘‘Martin Luther King, Jr. Na- One of them was our distinguished tional Historical Park’’; face of our Nation. He inspired people (3) by striking ‘‘national historic site’’ each colleague, Congressman LEWIS, and I from all over our country and from all place it appears and inserting ‘‘national histor- commend him for his work. It is alto- over the world. ical park’’; gether fitting that a man who did so My simple act will improve the serv- (4) by striking ‘‘historic site’’ each place it ap- much to establish this legacy brings to ices and educational opportunities for pears and inserting ‘‘historical park’’; and the House today a bill to further pre- visitors to this wonderful space and (5) by striking ‘‘historic sites’’ in section 2(a) serve it, and I urge its adoption. this wonderful piece of history. It will and inserting ‘‘historical parks’’. Mr. Speaker, I reserve the balance of preserve this important part of our his- SEC. 3. REFERENCES. my time. tory for generations yet unborn. Any reference in a law (other than this Act), Again, I would like to thank the map, regulation, document, paper, or other Ms. TSONGAS. Mr. Speaker, I yield record of the United States to ‘‘Martin Luther myself such time as I may consume. chair and ranking member for their King, Junior, National Historic Site’’ shall be H.R. 2880 is a simple piece of legisla- support, and I urge all of my colleagues deemed to be a reference to ‘‘Martin Luther tion that has broad bipartisan support. to support this simple, commonsense King, Jr. National Historical Park’’. The bill will accomplish two primary legislation.

VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.036 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 24, 2016 CONGRESSIONAL RECORD — HOUSE H877 Ms. TSONGAS. I yield 1 minute to small moment to be associated with The question was taken; and (two- the gentlewoman from Texas (Ms. through his organization after his thirds being in the affirmative) the JACKSON LEE). death. And I thank him. rules were suspended and the bill, as Ms. JACKSON LEE. Mr. Speaker, I rise today in support of H.R. 2880, the amended, was passed. there is no greater voice of the civil ‘‘Martin Luther King, Jr. National Historical A motion to reconsider was laid on rights movement here in this Congress Park Act.’’ the table. and in this Nation than our dear friend, In 1980, Congress passed legislation (P.L. f Congressman JOHN LEWIS. 96–428), establishing the Martin Luther King, KOREAN WAR VETERANS MEMO- I am both excited and honored to be Jr. National Historic Site. RIAL WALL OF REMEMBRANCE able to support this legislation that H.R. 2880 redesignates the ‘‘Martin Luther ACT OF 2016 changes what was a ‘‘Site’’ in its early King Junior, National Historic Site’’ as the beginnings to the important designa- ‘‘Martin Luther King, Jr. National Historical Mr. MCCLINTOCK. Mr. Speaker, I tion of a National Historic Park hon- Park.’’ move to suspend the rules and pass the oring Martin Luther King, Jr. This name change is important because it bill (H.R. 1475) to authorize a Wall of I first want to thank JOHN LEWIS for recognizes the greater physical extent that the Remembrance as part of the Korean his conscientious and hard work on be- site represents not only for African American War Veterans Memorial and to allow half of the King family. As I sat here history, but American history. certain private contributions to fund and listened to Congressman LEWIS re- This legislation will improve the preservation that Wall of Remembrance, as amend- laying his story, I had the slight privi- and ensure the continuous protection of this ed. lege to have worked for the Southern historic district. The Clerk read the title of the bill. Christian Leadership Conference on the When passed, in 1980, the law set the The text of the bill is as follows: very street that he has mentioned. boundaries of the site along a portion of Au- H.R. 1475 After him, I was able to come to the burn Avenue in Atlanta. Be it enacted by the Senate and House of Rep- then-offices of the Southern Christian This area includes the birthplace of the Rev. resentatives of the United States of America in Leadership Conference in this historic Dr. Martin Luther King, Jr.; the Ebenezer Bap- Congress assembled, area. tist Church, where both he and his father SECTION 1. SHORT TITLE. The SPEAKER pro tempore (Mr. preached; and the immediate surrounding This Act may be cited as the ‘‘Korean War ROTHFUS). The time of the gentle- area. Veterans Memorial Wall of Remembrance Act of woman has expired. That law also designated a preservation dis- 2016’’. Ms. TSONGAS. I yield the gentle- trict that extended protection beyond the im- SEC. 2. WALL OF REMEMBRANCE. woman an additional 2 minutes. mediate neighborhood surrounding the birth- Section 1 of the Act titled ‘‘An Act to author- Ms. JACKSON LEE. It was a small place and church to include the broader Sweet ize the erection of a memorial on Federal Land office where so many historic persons in the District of Columbia and its environs to Auburn commercial district. honor members of the Armed Forces of the were, in essence, able to walk in the Since 1980, Congress has twice modified United States who served in the Korean War’’, midst of those hallowed streets. Dr. the boundaries of the site and preservation approved October 25, 1986 (Public Law 99–572), King came. I don’t know whether he district (P.L. 102–575 and P.L. 108–314). is amended by adding at the end the following: parked a car or walked into that office. H.R. 2880 will extend the boundaries of the ‘‘Such memorial shall include a Wall of Remem- Of course, we have all of the other sur- site to include the Prince Hall Masonic Tem- brance, which shall be constructed without the rounding areas and other names of his- ple, which is where the Southern Christian use of Federal funds. The American Battle toric persons that had the ability to Leadership Conference (SCLC) established its Monuments Commission shall request and con- walk down those streets and into that initial headquarters in 1957. sider design recommendations from the Korean area. The Rev. Dr. Martin Luther King, Jr. was a War Veterans Memorial Foundation, Inc. for the establishment of the Wall of Remembrance. We take great pride in the preserva- co-founder and the first president of the tion of our National Park areas. And I The Wall of Remembrance shall include— SCLC. ‘‘(1) a list by name of members of the Armed must compliment the National Park It is fitting that we remember the life and Forces of the United States who died in theatre Service, because it has a love and affec- legacy of a man who brought hope and heal- in the Korean War; tion for all those lands that it takes ing to America. ‘‘(2) the number of members of the Armed care of. You can see it when you are The life of the Rev. Dr. Martin Luther King, Forces of the United States who, in regards to able to visit these national sites Jr. reminds us that nothing is impossible when the Korean War— throughout our country that we have we are guided by the better angels of our na- ‘‘(A) were wounded in action; ‘‘(B) are listed as missing in action; or had a chance to visit. ture. In my colleague’s district will be an ‘‘(C) were prisoners of war; and Dr. King walked the walk, going to jail 29 ‘‘(3) the number of members of the Korean added place for Dr. Martin Luther times to achieve freedom for others. Augmentation to the United States Army, the King’s resources and things his hands He knew he would pay the ultimate price for Republic of Korea Armed Forces, and the other touched. What an appropriate time in his leadership, but kept on marching and pro- nations of the United Nations Command who, in our history to be able again to thank testing and organizing anyway. regards to the Korean War— this man of peace, of nonviolence, and It is proper that we remember this man of ‘‘(A) were killed in action; to remind ourselves that America is action, who put his life on the line for freedom ‘‘(B) were wounded in action; really a great country to have given and justice every day. ‘‘(C) are listed as missing in action; or ‘‘(D) were prisoners of war.’’. birth to him. Along with the plight and So it is fitting that we pass H.R. 2880 and conditions in which he lived in at the expand, protect, and preserve the Martin Lu- The SPEAKER pro tempore. Pursu- time and the conditions which he was ther King, Jr. National Historic Park so that for ant to the rule, the gentleman from subjected to, to our knowledge, he generations to come it remains a living memo- California (Mr. MCCLINTOCK) and the never became embittered. He always, rial to the men and women who led the move- gentlewoman from Massachusetts (Ms. although frustrated at moments, recog- ment that helped our nation live up to the true TSONGAS) each will control 20 minutes. nized love and nonviolence. meaning of its creed and inspired non-violent The Chair recognizes the gentleman I hope that with the recognition he movements for social change the world over. from California. will get and the protection of these Ms. TSONGAS. Mr. Speaker, I yield GENERAL LEAVE wonderful assets, people will come back the balance of my time. Mr. MCCLINTOCK. Mr. Speaker, I there for solace. It will be another Mr. MCCLINTOCK. Mr. Speaker, I ask unanimous consent that all Mem- place, along with the monument here would urge adoption of the measure. bers may have 5 legislative days to re- in Washington, where people will come I yield back the balance of my time. vise and extend their remarks and in- here for solace and the recognition The SPEAKER pro tempore. The clude extraneous materials on the bill that nonviolence and peace and the question is on the motion offered by under consideration. human dignity of all people are virtues the gentleman from California (Mr. The SPEAKER pro tempore. Is there of this Nation carried forward by a MCCLINTOCK) that the House suspend objection to the request of the gen- great and wonderful and heroic lead- the rules and pass the bill, H.R. 2880, as tleman from California? er—someone whom I at least had a amended. There was no objection.

VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.038 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H878 CONGRESSIONAL RECORD — HOUSE February 24, 2016 b 1415 tional Park Service and other relevant servicemembers who fought and died to Mr. MCCLINTOCK. Mr. Speaker, I stakeholders to make sure that the protect freedom. These memorials can yield myself such time as I may con- new feature complements the current physically convey what oftentimes our sume. memorial. words fail to do. Mr. Speaker, H.R. 1475, introduced by Mr. Speaker, I reserve the balance of Lastly, Mr. Speaker, as a fiscal con- Congressman SAM JOHNSON, would per- my time. servative, I am proud to say this mit a privately funded addition of a Mr. MCCLINTOCK. Mr. Speaker, we project will not cost taxpayers one Wall of Remembrance to the Korean are all deeply honored to serve in this dime. In fact, the cost has been 100 per- War Veterans Memorial. House with the author of this measure, cent privately fund-raised, and this bill The Wall would list the names of all a genuine hero who served coura- prohibits any Federal funding for this members of the U.S. Armed Forces who geously in both the Korean and Viet- project. were killed in theater during the Ko- nam wars and who endured many years Mr. Speaker, as we remember the rean war as well as the number of all of of suffering as a prisoner of war in service and sacrifice of those who gave the American POWs and MIAs. Vietnam. He not only saw the courage their lives in the Korean war, we can They call the Korean war America’s and heroism of those who fought in only humbly acknowledge that we are forgotten war. During the 3 years of Korea, he was one of them. the land of the free because of our that war, 5.8 million Americans world- I am honored to yield such time as he brave men and women. wide served in the U.S. armed services, may consume to the gentleman from These heroes are shining examples of 22 nations fought alongside us to pre- Texas (Mr. SAM JOHNSON). everything great that America stands serve the freedom of South Korea. Mr. SAM JOHNSON of Texas. I thank for. I can’t think of a better way to in- 54,246 Americans died worldwide during the chairman for yielding. dividually honor each man and woman this conflict, 8,200 were missing in ac- Mr. Speaker, I would like to start off who gave their life in Korea than tion, and an additional 103,284 were by thanking my fellow Korean war vet- through this Wall of Remembrance. wounded. erans, Congressman CHARLIE RANGEL I urge all of my colleagues to support The sacrifice they made and the free- and Congressman JOHN CONYERS, for this important piece of legislation. dom they secured for the people of their support. Ms. TSONGAS. Mr. Speaker, I yield South Korea must never be forgotten. I also want to thank Chairman ROB such time as he may consume to the This measure assures the names of the BISHOP, the Natural Resources Com- gentleman from New Jersey (Mr. PAS- fallen shall live on. mittee, and the House leadership for CRELL). This bill comes to us from one of bringing the bill to the floor. Mr. PASCRELL. Mr. Speaker, I rise only three Korean war veterans who Additionally, I want to thank my fel- today in honor of the soldiers who still serve their country today in this low Korean war veterans who have fought to ensure that South Korea House, the legendary Congressman SAM tirelessly advocated for this bill. It has could achieve the prosperity and the JOHNSON of Texas, from whom we will been a long time coming. fulfillment it enjoys today. Without be hearing shortly. Mr. Speaker, sadly, the Korean war is our soldiers, that would not have hap- Representatives CHARLES RANGEL often referred to as the forgotten war; pened. These soldiers deserve to be rec- and JOHN CONYERS, Jr., also distin- yet, the magnitude of sacrifice made ognized for their contributions. guished themselves in that war, as by Americans during this conflict was That is why I am proud to cosponsor they have in this House, and are origi- enormous. More than 36,000 Americans this legislation, which would expand nal cosponsors. gave their lives. the current Korean War Memorial to I urge passage of the bill. My fellow Korean war veterans and I include a Wall of Remembrance in our I reserve the balance of my time. Ms. TSONGAS. Mr. Speaker, I yield believe that the magnitude of this Nation’s Capital. This addition will myself such time as I may consume. enormous sacrifice is not yet fully con- honor the service and sacrifice of those Mr. Speaker, this bill authorizes the veyed by the memorial in Washington, who fought in the Korean War. construction of a Wall of Remembrance D.C. That is where this bill, H.R. 1475, I want to thank my good friend and at the Korean War Veterans Memorial the Korean War Veterans Memorial committee mate, Congressman SAM on the National Mall. Wall of Remembrance Act, comes into JOHNSON, for introducing this legisla- Similar to the Vietnam Veterans Me- play. tion and, also, for his heroic military morial, the Wall will list the names of This bill, which already has the sup- service to our country in both the Ko- the U.S. military personnel killed in port of over 300 of my colleagues, would rean and Vietnam wars. action during the Korean war, along allow for the creation of a Wall of Re- Through the Speaker, SAM, we owe with the number of servicemen and membrance at the site of the Korean you so much, and we could never repay -women wounded in action, listed as War Veterans Memorial on the Na- you and the likes of RANGEL and CON- missing in action, and those who were tional Mall. YERS, et cetera, who put their lives on listed as prisoners of war. Similar to the Vietnam Veterans Me- the line to not only defend America, Construction of the current Korean morial Wall, the Korean War Veterans but to defend the Korean people. War Veterans Memorial was finished in Memorial Wall of Remembrance would In addition to a wall, this legislation 1992, and it is considered a complete eternally honor the brave Americans will allow us to demonstrate our Na- work of civic art. However, the Korean who gave their lives in defense of free- tion’s appreciation for the service of war veterans’ community has identi- dom during the Korean war. It would the Korean Augmentation to the fied the addition of a Wall of Remem- list their names as a visual record of United States Army, the Republic of brance as a priority, and they have ad- their sacrifice. Korean Armed Forces, and the nations vocated for legislation to authorize its Furthermore, the Wall would also of the United Nations Command, who construction for years. list the total number of all of Amer- were killed in action, wounded, listed Their hard work and dedication has ica’s wounded, missing in action, and as missing in action, or were prisoners led to this bill before us today, which is prisoners of war. of war. currently cosponsored by 291 Members As a veteran and POW, I can tell you The Korean War Memorial Wall can of the House. that these memorials are a special ensure that future generations remem- The National Park Service, the agen- place for servicemembers and their ber and honor the pride and dedication cy responsible for the management of families to pay their respect to fallen of those who served, the legacy they the current memorial, has expressed comrades and loved ones. continued, and the freedom they pre- concern with the idea of adding a new As a constitutional conservative who served. feature in an area of the National Mall values our great Nation’s history, I be- You have heard the numbers about known as the Reserve, where Congress lieve these memorials also serve as a how many folks served, how many of has prohibited the construction of new unique and physical reminder that our own brave soldiers and sailors and memorials. freedom is not free. marines fought in the Korean war: al- As this bill moves forward, I encour- Future generations need to know and most 6 million; over 100,000 were age the sponsors to work with the Na- appreciate the sacrifices made by the wounded and over 36,000 gave their

VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.043 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 24, 2016 CONGRESSIONAL RECORD — HOUSE H879 lives. So this is a fitting recognition b 1430 Right now, with all the fears we have for those who bravely served in defense Each time I feel heavily and scream that are going on in the Middle East, I of our Nation. out that we should have a draft instead am not certain whether or not that I visited my brother-in-law the other of an All Volunteer Army, I know that will impact our great country, but I am day, who lives in a veterans’ nursing it appears as though I am putting a prepared to listen to those who know home. He was a soldier in the Korean burden on so many people who don’t better than I. And if, indeed, there is a war, a victim. Many in that home necessarily want to belong to the mili- threat to our country, then everyone fought in the same war, those who are tary. But serving our great country is should be prepared to be called, even by still alive. a privilege, and all people should share lottery, because it is not just for the Talking to them, one thing I noticed if indeed there is a threat to our na- wealthy and the educated to be ex- is they don’t want to talk about their tional security. If there isn’t a threat cluded. It shouldn’t be just those who experiences ever. I remember talking to our national security, there is no need a job that get the opportunity to to my brother-in-law, Joe, 30 years ago. reason in the world morally or legally defend our country. But every time you He didn’t want to talk about it. His that our troops should be there. say ‘‘troops on the ground,’’ ‘‘boots on brother, who served there, didn’t want So putting up this wall, to me, is the ground,’’ ‘‘lives on the ground,’’ I to talk about it. His other brother, symbolic because they can call it the truly think that just putting their Freddie, did not want to talk about it. forgotten war. And, believe it or not, names on a memorial wall should mean He served there, also. after seeing how some of our Vietnam something for generations that follow. So this is not only remembrance. veterans were treated when they came I hope and pray that we don’t have names that go on boards. But if there More importantly, it is thank you. home, you can almost thank God that is a reminder of how many people died Thank you so much for what you did. no one missed you. They didn’t know Mr. Speaker, I mentioned their over the years to keep this country where you were, or didn’t care about names before, Congressmen RANGEL great, let us be in the position as a the Korean war, because politics got in and CONYERS. We owe them so much. I Congress to say that we know specifi- the way of how we treated those people read Congressman RANGEL’s book twice cally why they died and we gave them who fought, got wounded, and died in about the experiences that he had in all the support that they needed to Vietnam. make the sacrifice. service to our country. We can never Of course, since then, we have had forget this. God bless, and I thank Thank you so much for giving me dozens of times where we have heard this opportunity. them. Members of Congress say that we have Mr. MCCLINTOCK. Mr. Speaker, I re- Ms. TSONGAS. Mr. Speaker, I yield to have more boots on the ground, that serve the balance of my time. back the balance of my time. Ms. TSONGAS. Mr. Speaker, I yield we can’t win a war by air, that we have Mr. MCCLINTOCK. Mr. Speaker, I such time as he may consume to the to be there, we have to intervene, and yield myself such time as I may con- gentleman from New York (Mr. RAN- we have to show how strong America sume. GEL), a distinguished veteran of the Ko- is. And they know in their hearts that Mr. Speaker, it is important that we rean war. no one from their families, their com- remember those who died in the war Mr. RANGEL. Mr. Speaker, let me munities, or even anyone they know and those who served in the war be- thank the gentlewoman for making will be included in that number of cause their achievement remains alive this possible, Colonel Bill Webb, of the Americans that they are asking to go. today. It is personified in a free and Korean Memorial Foundation, and, of So I think when you put the names of prosperous Republic of Korea that has course, my buddies and colleagues, people who have actually lost their been a beacon of hope to the oppressed Congressmen JOHNSON and CONYERS. lives, which means destroyed the lives people throughout the Asian Continent Why this is so important to me is not of so many other people who loved and a steady counterbalance to the ma- for those who are living, but for the them, when you think of those who got lignant presence of the North Korean memories of our colleagues who died wounded, they should at least be able dictatorship. overseas and whose family have very to say what they did for their families, From the dais in this Chamber, little to explain as to why they were community, and their country. They Douglas MacArthur paid tribute to these brave souls with these words. He there. shouldn’t just be used as pawns on the I really think that this Congress and board to fulfill the political commit- said: ‘‘I have just left your fighting Congresses before us have lost all of ments of a party or a cause that sons in Korea. They have met all tests the meaning of having the power and doesn’t involve the security of the there, and I can report to you without reservation that they are splendid in the only power to support the declara- United States. Maybe, just maybe, every way . . . Those gallant men tion of war. when people come to sightsee, and they When I went overseas in 1950, I hadn’t see the names of people that they don’t will remain often in my thoughts and the slightest idea as to why I was know, it could remind them that these in my prayers always.’’ And so should they with us. This bill going. Quite frankly, I didn’t even are not just human beings; these are assures that this will not be a forgot- know where Korea was. Americans who had the same dreams as ten war, and our honored dead will not But because of my age and having they did, except they made a sacrifice. So let me laud and thank the Mem- be forgotten by name. been in combat, I have received more Mr. Speaker, I urge adoption of the bers of Congress that have caused the accolades from the grateful people bill, and I yield back the balance of my casualties of the forgotten war not to from the country of South Korea than time. I deserve. But I know that they are be forgotten. Let us try to do some- The SPEAKER pro tempore. The thanking the United States and the thing about those that follow those of question is on the motion offered by United Nations for saving them from us that were in combat in Korea and the gentleman from California (Mr. explain how wrong we were in Vietnam coming under communism. MCCLINTOCK) that the House suspend I could not possibly have any bad and we should have said, never, never, the rules and pass the bill, H.R. 1475, as feelings. Indeed, it is a great sense of never again. amended. honor that I could have played some Let us look at the ways we have just The question was taken; and (two- small part in preserving democracy in sent troops who, like me, saw the flag thirds being in the affirmative) the South Korea, albeit as a volunteer to go up and heard the President say that rules were suspended and the bill, as the Army, but certainly not a volun- we have to go, and we never asked, and amended, was passed. teer to go into combat. we couldn’t legitimately ask why, but A motion to reconsider was laid on But the truth of the matter is that we did. Let us preserve the American the table. we shouldn’t have young men and lives for those causes that at least if f women being placed in harm’s way in they don’t come back home or they any situation without men and women don’t come back normal, that we can INDIAN TRUST ASSET REFORM and their families knowing that they say that it was protecting the flag, it ACT did this because the security of our was protecting our country, and it was Mr. MCCLINTOCK. Mr. Speaker, I great Republic was threatened. protecting our national security. move to suspend the rules and pass the

VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.044 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H880 CONGRESSIONAL RECORD — HOUSE February 24, 2016 bill (H.R. 812) to provide for Indian SEC. 202. DEFINITIONS. (D) if the Indian tribe has contracted or trust asset management reform, and In this title: compacted functions or activities under the for other purposes, as amended. (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ Indian Self-Determination and Education has the meaning given the term in the In- The Clerk read the title of the bill. Assistance Act (25 U.S.C. 450 et seq.) relating dian Self-Determination and Education As- to the management of trust assets— The text of the bill is as follows: sistance Act (25 U.S.C. 450b). (i) identify the functions or activities that H.R. 812 (2) PROJECT.—The term ‘‘Project’’ means are being or will be performed by the Indian Be it enacted by the Senate and House of Rep- the Indian trust asset management dem- tribe under the contracts, compacts, or other resentatives of the United States of America in onstration project established under section agreements under that Act, which may in- Congress assembled, 203(a). clude any of the surface leasing or forest SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (3) SECRETARY.—The term ‘‘Secretary’’ land management activities authorized by means the Secretary of the Interior. (a) SHORT TITLE.—This Act may be cited as the proposed plan pursuant to section 205(b); the ‘‘Indian Trust Asset Reform Act’’. SEC. 203. ESTABLISHMENT OF DEMONSTRATION and PROJECT; SELECTION OF PARTICI- (b) TABLE OF CONTENTS.—The table of con- (ii) describe the practices and procedures PATING INDIAN TRIBES. tents for this Act is as follows: that the Indian tribe will follow; (a) IN GENERAL.—The Secretary shall es- (E) establish procedures for nonbinding Sec. 1. Short title; table of contents. tablish and carry out an Indian trust asset mediation or resolution of any dispute be- TITLE I—RECOGNITION OF TRUST management demonstration project, in ac- tween the Indian tribe and the United States RESPONSIBILITY cordance with this title. relating to the trust asset management plan; (b) SELECTION OF PARTICIPATING INDIAN Sec. 101. Findings. (F) include a process for the Indian tribe TRIBES.— Sec. 102. Reaffirmation of policy. and the Federal agencies affected by the (1) IN GENERAL.—An Indian tribe shall be trust asset management plan to conduct TITLE II—INDIAN TRUST ASSET MAN- eligible to participate in the project if— evaluations to ensure that trust assets are AGEMENT DEMONSTRATION PROJECT (A) the Indian tribe submits to the Sec- being managed in accordance with the plan; Sec. 201. Short title. retary an application under subsection (c); and Sec. 202. Definitions. and (G) identify any Federal regulations that Sec. 203. Establishment of demonstration (B) the Secretary approves the application will be superseded by the plan. project; selection of partici- of the Indian tribe. (3) TECHNICAL ASSISTANCE AND INFORMA- pating Indian Tribes. (2) NOTICE.— TION.—On receipt of a written request from Sec. 204. Indian trust asset management (A) IN GENERAL.—The Secretary shall pro- an Indian tribe, the Secretary shall provide plan. vide a written notice to each Indian tribe ap- to the Indian tribe any technical assistance Sec. 205. Forest land management and sur- proved to participate in the project. and information, including budgetary infor- face leasing activities. (B) CONTENTS.—A notice under subpara- mation, that the Indian tribe determines to Sec. 206. Effect of title. graph (A) shall include— be necessary for preparation of a proposed (i) a statement that the application of the TITLE III—IMPROVING EFFICIENCY AND plan. STREAMLINING PROCESSES Indian tribe has been approved by the Sec- (b) APPROVAL AND DISAPPROVAL OF PRO- Sec. 301. Purpose. retary; and POSED PLANS.— Sec. 302. Definitions. (ii) a requirement that the Indian tribe (1) APPROVAL.— Sec. 303. Under Secretary for Indian Affairs. shall submit to the Secretary a proposed In- dian trust asset management plan in accord- (A) IN GENERAL.—Not later than 120 days Sec. 304. Office of Special Trustee for Amer- after the date on which an Indian tribe sub- ican Indians. ance with section 204. (c) APPLICATION.— mits a proposed Indian trust asset manage- Sec. 305. Appraisals and valuations. ment plan under subsection (a), the Sec- Sec. 306. Cost savings. (1) IN GENERAL.—To be eligible to partici- pate in the project, an Indian tribe shall sub- retary shall approve or disapprove the pro- TITLE I—RECOGNITION OF TRUST mit to the Secretary a written application in posed plan. RESPONSIBILITY accordance with paragraph (2). (B) REQUIREMENTS FOR DISAPPROVAL.—The SEC. 101. FINDINGS. (2) REQUIREMENTS.—The Secretary shall Secretary shall approve a proposed plan un- Congress finds that— consider an application under this subsection less the Secretary determines that— (1) there exists a unique relationship be- only if the application— (i) the proposed plan fails to address a re- tween the Government of the United States (A) includes a copy of a resolution or other quirement under subsection (a)(2); and the governments of Indian tribes; appropriate action by the governing body of (ii) the proposed plan includes 1 or more (2) there exists a unique Federal responsi- the Indian tribe, as determined by the Sec- provisions that are inconsistent with sub- bility to Indians; retary, in support of or authorizing the ap- section (c); or (3) through treaties, statutes, and histor- plication; (iii) the cost of implementing the proposed ical relations with Indian tribes, the United (B) is received by the Secretary after the plan exceeds the amount of funding available States has undertaken a unique trust respon- date of enactment of this Act; and for the management of trust assets that sibility to protect and support Indian tribes (C) states that the Indian tribe is request- would be subject to the proposed plan. and Indians; ing to participate in the project. (2) ACTION ON DISAPPROVAL.— (4) the fiduciary responsibilities of the (d) DURATION.—The project— (A) NOTICE.—If the Secretary disapproves a United States to Indians also are founded in (1) shall remain in effect for a period of 10 proposed plan under paragraph (1)(B), the part on specific commitments made through years after the date of enactment of this Secretary shall provide to the Indian tribe a written treaties and agreements securing Act; but written notice of the disapproval, including peace, in exchange for which Indians have (2) may be extended at the discretion of the any reason why the proposed plan was dis- surrendered claims to vast tracts of land, Secretary. approved. which provided legal consideration for per- SEC. 204. INDIAN TRUST ASSET MANAGEMENT (B) ACTION BY TRIBES.—If a proposed plan is manent, ongoing performance of Federal PLAN. disapproved under paragraph (1)(B), the In- trust duties; and (a) PROPOSED PLAN.— dian tribe may resubmit an amended pro- (5) the foregoing historic Federal-tribal re- (1) SUBMISSION.—After the date on which posed plan by not later than 90 days after the lations and understandings have benefitted an Indian tribe receives a notice from the date on which the Indian tribe receives the the people of the United States as a whole Secretary under section 203(b)(2), the Indian notice under subparagraph (A). for centuries and have established enduring tribe shall submit to the Secretary a pro- (3) FAILURE TO APPROVE OR DISAPPROVE.—If and enforceable Federal obligations to which posed Indian trust asset management plan in the Secretary fails to approve or disapprove the national honor has been committed. accordance with paragraph (2). a proposed plan in accordance with para- SEC. 102. REAFFIRMATION OF POLICY. (2) CONTENTS.—A proposed Indian trust graph (1), the plan shall be considered to be Pursuant to the constitutionally vested asset management plan shall include provi- approved. authority of Congress over Indian affairs, sions that— (4) JUDICIAL REVIEW.—An Indian tribe may Congress reaffirms that the responsibility of (A) identify the trust assets that will be seek judicial review of a determination of the United States to Indian tribes includes a subject to the plan; the Secretary under this subsection in ac- duty to promote tribal self-determination re- (B) establish trust asset management ob- cordance with subchapter II of chapter 5, and garding governmental authority and eco- jectives and priorities for Indian trust assets chapter 7, of title 5, United States Code nomic development. that are located within the reservation, or (commonly known as the ‘‘Administrative otherwise subject to the jurisdiction, of the Procedure Act’’), if— TITLE II—INDIAN TRUST ASSET MANAGE- Indian tribe; (A) the Secretary disapproves the proposed MENT DEMONSTRATION PROJECT (C) allocate trust asset management fund- plan of the Indian tribe under paragraph (1); SEC. 201. SHORT TITLE. ing that is available for the Indian trust as- and This title may be cited as the ‘‘Indian sets subject to the plan in order to meet the (B) the Indian tribe has exhausted all other Trust Asset Management Demonstration trust asset management objectives and pri- administrative remedies available to the In- Project Act of 2016’’. orities; dian tribe.

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(c) APPLICABLE LAWS.—Subject to section dian Forest Resources Management Act (25 ulations), the Secretary may, on reasonable 205, an Indian trust asset management plan, U.S.C. 3101 et seq.); and notice from the applicable Indian tribe and and any activity carried out under the plan, (ii) provide for an environmental review at the discretion of the Secretary, enforce shall not be approved unless the proposed process that includes— the provisions of, or cancel, any lease exe- plan is consistent with any treaties, stat- (I) the identification and evaluation of any cuted by the Indian tribe under this section. utes, and Executive orders that are applica- significant effects of the proposed action on (h) COMPLIANCE.— ble to the trust assets, or the management of the environment; and (1) IN GENERAL.—An interested party, after the trust assets, identified in the plan. (II) a process consistent with the regula- exhausting any applicable tribal remedies, (d) TERMINATION OF PLAN.— tions referred to in clause (i) for ensuring may submit to the Secretary a petition, at (1) IN GENERAL.—An Indian tribe may ter- that— such time and in such form as the Secretary minate an Indian trust asset management (aa) the public is informed of, and has a determines to be appropriate, to review the plan on any date after the date on which a reasonable opportunity to comment on, any compliance of an applicable Indian tribe proposed Indian trust asset management significant environmental impacts of the with any tribal regulations approved by the plan is approved by providing to the Sec- proposed forest land management activity Secretary under this subsection. retary— identified by the Indian tribe; and (2) VIOLATIONS.—If the Secretary deter- (A) a notice of the intent of the Indian (bb) the Indian tribe provides responses to mines under paragraph (1) that a violation of tribe to terminate the plan; and relevant and substantive public comments tribal regulations has occurred, the Sec- (B) a resolution of the governing body of on any such impacts before the Indian tribe retary may take any action the Secretary the Indian tribe authorizing the termination approves the forest land management activ- determines to be necessary to remedy the of the plan. ity. violation, including rescinding the approval (2) EFFECTIVE DATE.—A termination of an (c) TYPES OF TRANSACTIONS.— of the tribal regulations and reassuming re- Indian trust asset management plan under (1) IN GENERAL.—At the discretion of the sponsibility for the approval of leases of trib- paragraph (1) takes effect on October 1 of the Indian tribe, an Indian trust asset manage- al trust land. first fiscal year following the date on which ment plan may authorize the Indian tribe to (3) DOCUMENTATION.—If the Secretary de- a notice is provided to the Secretary under carry out a surface leasing transaction, a termines under paragraph (1) that a viola- paragraph (1)(A). forest land management activity, or both. tion of tribal regulations has occurred and a SEC. 205. FOREST LAND MANAGEMENT AND SUR- (2) SELECTION OF SPECIFIC TRANSACTIONS remedy is necessary, the Secretary shall— FACE LEASING ACTIVITIES. AND ACTIVITIES.—At the discretion of the In- (A) make a written determination with re- (a) DEFINITIONS.—In this section: dian tribe, the Indian tribe may include in spect to the regulations that have been vio- (1) FOREST LAND MANAGEMENT ACTIVITY.— the integrated resource management plan lated; The term ‘‘forest land management activity’’ any 1 or more of the transactions and activi- (B) provide to the applicable Indian tribe a means any activity described in section ties authorized to be included in the plan written notice of the alleged violation, to- 304(4) of the National Indian Forest Re- under subsection (b). gether with the written determination; and sources Management Act (25 U.S.C. 3103(4)). (d) TECHNICAL ASSISTANCE.— (C) prior to the exercise of any remedy, the (1) IN GENERAL.—The Secretary may pro- (2) INTERESTED PARTY.—The term ‘‘inter- rescission of the approval of the regulation ested party’’ means an Indian or non-Indian vide technical assistance, on request of an involved, or the reassumption of the trust individual, entity, or government the inter- Indian tribe, for development of a regulatory asset transaction approval responsibilities, ests of which could be adversely affected by environmental review process required under provide to the applicable Indian tribe— a tribal trust land leasing decision made by subsection (b)(2)(B)(ii). (i) a hearing on the record; and an applicable Indian tribe. (2) INDIAN SELF-DETERMINATION AND EDU- (ii) a reasonable opportunity to cure the CATION ASSISTANCE ACT.—The technical as- (3) SURFACE LEASING TRANSACTION.—The alleged violation. term ‘‘surface leasing transaction’’ means a sistance to be provided by the Secretary pur- SEC. 206. EFFECT OF TITLE. residential, business, agricultural, or wind or suant to paragraph (1) may be made avail- (a) LIABILITY.—Subject to section 205 and solar resource lease of land the title to which able through contracts, grants, or agree- this section, nothing in this title or an In- is held— ments entered into in accordance with, and dian trust asset management plan approved (A) in trust by the United States for the made available to entities eligible for, con- under section 204 shall independently dimin- benefit of an Indian tribe; or tracts, grants, or agreements under the In- ish, increase, create, or otherwise affect the (B) in fee by an Indian tribe, subject to re- dian Self-Determination and Education As- liability of the United States or an Indian strictions against alienation under Federal sistance Act (25 U.S.C. 450 et seq.). tribe participating in the project for any loss (e) FEDERAL ENVIRONMENTAL REVIEW.— law. resulting from the management of an Indian Notwithstanding subsection (b), if an Indian trust asset under an Indian trust asset man- (b) APPROVAL BY SECRETARY.—The Sec- tribe carries out a project or activity funded retary may approve an Indian trust asset agement plan. by a Federal agency, the Indian tribe shall (b) DEVIATION FROM STANDARD PRAC- management plan that includes a provision have the authority to rely on the environ- TICES.—The United States shall not be liable authorizing the Indian tribe to enter into, mental review process of the applicable Fed- to any party (including any Indian tribe) for approve, and carry out a surface leasing eral agency, rather than any tribal environ- any term of, or any loss resulting from the transaction or forest land management ac- mental review process under this section. terms of, an Indian trust asset management tivity without approval of the Secretary, re- (f) DOCUMENTATION.—If an Indian tribe exe- plan that provides for management of a trust gardless of whether the surface leasing cutes a surface leasing transaction or forest asset at a less-stringent standard than the transaction or forest land management ac- land management activity, pursuant to trib- Secretary would otherwise require or adhere tivity would require such an approval under al regulations under subsection (b)(2), the In- to in absence of an Indian trust asset man- otherwise applicable law (including regula- dian tribe shall provide to the Secretary agement plan. tions), if— (1) a copy of the surface leasing trans- (c) EFFECT OF TERMINATION OF PLAN.—Sub- (1) the resolution or other action of the action or forest land management activity section (b) applies to losses resulting from a governing body of the Indian tribe referred documents, including any amendments to, or transaction or activity described in that sub- to in section 203(c)(2)(A) expressly authorizes renewals of, the applicable transaction; and section even if the Indian trust asset man- the inclusion of the provision in the Indian (2) in the case of tribal regulations, a sur- agement plan is terminated under section trust asset management plan; and face leasing transaction, or forest land man- 204(d) or rescinded under section 205(h). (2) the Indian tribe has adopted regulations agement activities that allow payments to (d) EFFECT ON OTHER LAWS.— expressly incorporated by reference into the be made directly to the Indian tribe, docu- (1) IN GENERAL.—Except as provided in sec- Indian trust asset management plan that— mentation of the payments that is sufficient tions 204 and 205 and subsection (e), nothing (A) with respect to a surface leasing trans- to enable the Secretary to discharge the in this title amends or otherwise affects the action— trust responsibility of the United States application of any treaty, statute, regula- (i) have been approved by the Secretary under subsection (g). tion, or Executive order that is applicable to pursuant to subsection (h)(4) of the first sec- (g) TRUST RESPONSIBILITY.— Indian trust assets or the management or ad- tion of the Act of August 9, 1955 (25 U.S.C. (1) IN GENERAL.—The United States shall ministration of Indian trust assets. 415(h)(4)); or not be liable for losses sustained— (2) INDIAN SELF-DETERMINATION ACT.—Noth- (ii) have not yet been approved by the Sec- (A) by an Indian tribe as a result of the ing in this title limits or otherwise affects retary in accordance with clause (i), but that execution of any forest land management ac- the authority of an Indian tribe, including the Secretary determines at or prior to the tivity pursuant to tribal regulations under an Indian tribe participating in the project, time of approval under this paragraph meet subsection (b); or to enter into and carry out a contract, com- the requirements of subsection (h)(3) of the (B) by any party to a lease executed pursu- pact, or other agreement under the Indian first section of that Act (25 U.S.C. 415(h)(3)); ant to tribal regulations under subsection Self-Determination and Education Assist- or (b). ance Act (25 U.S.C. 450 et seq.) (including (B) with respect to forest land manage- (2) AUTHORITY OF SECRETARY.—Pursuant to regulations). ment activities, the Secretary determines— the authority of the Secretary to fulfill the (e) SEPARATE APPROVAL.—An Indian tribe (i) are consistent with the regulations of trust obligation of the United States to In- may submit to the Secretary tribal regula- the Secretary adopted under the National In- dian tribes under Federal law (including reg- tions described in section 205(b) governing

VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A24FE7.026 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H882 CONGRESSIONAL RECORD — HOUSE February 24, 2016 forest land management activities for review (B) the compensation of such an officer or valuation that satisfies the minimum quali- and approval under this title if the Indian employee shall be fixed in accordance with fications described in subsection (b), and tribe does not submit or intend to submit an title 5, United States Code; and that submission acknowledges the intent of Indian trust asset management plan. (C) in appointing or otherwise hiring any the Indian tribe or beneficiary to have the (f) TRUST RESPONSIBILITY.—Nothing in this employee, the Under Secretary shall give appraisal or valuation considered under this title enhances, diminishes, or otherwise af- preference to Indians in accordance with sec- section, the appraisal or valuation— fects the trust responsibility of the United tion 12 of the Act of June 18, 1934 (25 U.S.C. (1) shall not require any additional review States to Indian tribes or individual Indians. 472). or approval by the Secretary; and TITLE III—IMPROVING EFFICIENCY AND SEC. 304. OFFICE OF SPECIAL TRUSTEE FOR (2) shall be considered to be final for pur- STREAMLINING PROCESSES AMERICAN INDIANS. poses of effectuating the transaction for SEC. 301. PURPOSE. (a) INFORMATION TO CONGRESS.—Notwith- which the appraisal or valuation is required. The purpose of this title is to ensure a standing sections 302 and 303 of the American SEC. 306. COST SAVINGS. more efficient and streamlined administra- Indian Trust Fund Management Reform Act tion of duties of the Secretary of the Interior of 1994 (25 U.S.C. 4042 and 4043), not later (a) IN GENERAL.—For any program, func- with respect to providing services and pro- than 1 year after the date of enactment of tion, service, or activity (or any portion of a grams to Indians and Indian tribes, including this Act, the Secretary shall prepare and, program, function, service, or activity) of the management of Indian trust resources. after consultation with Indian tribes and ap- the Office of the Special Trustee that will SEC. 302. DEFINITIONS. propriate Indian organizations, submit to not be operated or carried out as a result of In this title: the Committee on Natural Resources of the a transfer of functions and personnel fol- (1) BIA.—The term ‘‘BIA’’ means the Bu- House of Representatives, the Committee on lowing enactment of this Act, the Secretary reau of Indian Affairs. Indian Affairs of the Senate, and the Com- shall— (2) DEPARTMENT.—The term ‘‘Department’’ mittees on Appropriations of the House of (1) identify the amounts that the Secretary means the Department of the Interior. Representatives and the Senate— would otherwise have expended to operate or (3) SECRETARY.—The term ‘‘Secretary’’ (1) an identification of all functions, other carry out each program, function, service, means the Secretary of the Interior. than the collection, management, and in- and activity (or portion of a program, func- (4) UNDER SECRETARY.—The term ‘‘Under vestment of Indian trust funds, that the Of- tion, service, or activity); and Secretary’’ means the Under Secretary for fice of the Special Trustee performs inde- (2) provide to the tribal representatives of Indian Affairs established under section pendently or in concert with the BIA or the Tribal-Interior Budget Council or the 303(a). other Federal agencies, specifically those representative of any other appropriate enti- SEC. 303. UNDER SECRETARY FOR INDIAN AF- functions that affect or relate to manage- ty that advises the Secretary on Indian pro- FAIRS. ment of nonmonetary trust resources; gram budget or funding issues a list that de- (a) ESTABLISHMENT OF POSITION.—Notwith- (2) a description of any functions of the Of- scribes— standing any other provision of law, the Sec- fice of the Special Trustee that will be (A) the programs, functions, services, and retary may establish in the Department the transitioned to other bureaus or agencies activities (or any portion of a program, func- position of Under Secretary for Indian Af- within the Department prior to the termi- tion, service, or activity) identified under fairs, who shall report directly to the Sec- nation date of the Office, as described in paragraph (1); and retary. paragraph (3), together with the timeframes (B) the amounts associated with each pro- (b) APPOINTMENT.— for those transfers; and gram, function, service, and activity (or por- (1) IN GENERAL.—Except as provided in (3) a transition plan and timetable for the tion of a program, function, service, or activ- paragraph (2), the Under Secretary shall be ity). appointed by the President, by and with the termination of the Office of the Special advice and consent of the Senate. Trustee, to occur not later than 2 years after (b) TRIBAL RECOMMENDATIONS.—Not later the date of submission, unless the Secretary than 90 days after the date of receipt of a list (2) EXCEPTION.—The individual serving as the Assistant Secretary for Indian Affairs on determines than an orderly transition can- under subsection (a)(2), the tribal represent- the date of enactment of this Act may as- not be accomplished within 2 years, in which atives of the Tribal-Interior Budget Council sume the position of Under Secretary with- case the Secretary shall include— and the representatives of any other appro- out appointment under paragraph (1), if— (A) a statement of all reasons why the priate entities that advise the Secretary on (A) that individual was appointed as As- transition cannot be effected within that Indian program budget or funding issues may sistant Secretary for Indian Affairs by the time; and provide recommendations regarding how any President, by and with the advice and con- (B) an alternative date for completing the amounts or cost savings should be reallo- sent of the Senate; and transition. cated, incorporated into future budget re- IDUCIARY TRUST OFFICERS.—Subject to (B) not later than 180 days after the date of (b) F quests, or appropriated to— applicable law and regulations, the Sec- enactment of this Act, the Secretary ap- (1) the Secretary; retary, at the request of an Indian tribe or a proves the assumption. (2) the Office of Management and Budget; (c) DUTIES.—In addition to any other du- consortium of Indian tribes, shall include fi- (3) the Committee on Appropriations of the ties directed by the Secretary, the Under duciary trust officers in a contract, compact, House of Representatives; Secretary shall— or other agreement under the Indian Self-De- (4) the Committee on Natural Resources of (1) coordinate with the Special Trustee for termination and Education Assistance Act the House of Representatives; American Indians to ensure an orderly tran- (25 U.S.C. 450 et seq.). (5) the Committee on Appropriations of the sition of the functions of the Special Trustee (c) EFFECT OF SECTION.—Nothing in this Senate; and to one or more appropriate agencies, offices, section or the submission required by this (6) the Committee on Indian Affairs of the or bureaus within the Department, as deter- section— Senate. (1) shall cause the Office of the Special mined by the Secretary; The SPEAKER pro tempore. Pursu- (2) to the maximum extent practicable, su- Trustee to terminate; or pervise and coordinate activities and policies (2) affect the application of sections 302 ant to the rule, the gentleman from of the BIA with activities and policies of— and 303 of the American Indian Trust Fund California (Mr. MCCLINTOCK) and the (A) the Bureau of Reclamation; Management Reform Act of 1994 (25 U.S.C. gentlewoman from Massachusetts (Ms. (B) the Bureau of Land Management; 4042 and 4043). TSONGAS) each will control 20 minutes. (C) the Office of Natural Resources Rev- SEC. 305. APPRAISALS AND VALUATIONS. The Chair recognizes the gentleman enue; (a) IN GENERAL.—Notwithstanding section from California. (D) the National Park Service; and 304, not later than 18 months after the date (E) the United States Fish and Wildlife of enactment of this Act, the Secretary, in GENERAL LEAVE Service; and consultation with Indian tribes and tribal or- Mr. MCCLINTOCK. Mr. Speaker, I (3) provide for regular consultation with ganizations, shall ensure that appraisals and Indians and Indian tribes that own interests valuations of Indian trust property are ad- ask unanimous consent that all Mem- in trust resources and trust fund accounts. ministered by a single bureau, agency, or bers may have 5 legislative days to re- (d) PERSONNEL PROVISIONS.— other administrative entity within the De- vise and extend their remarks and in- (1) APPOINTMENTS.—The Under Secretary partment. clude extraneous materials on the bill may appoint and fix the compensation of (b) MINIMUM QUALIFICATIONS.—Not later under consideration. such officers and employees as the Under than 1 year after the date of enactment of Secretary determines to be necessary to this Act, the Secretary shall establish and The SPEAKER pro tempore. Is there carry out any function transferred under publish in the Federal Register minimum objection to the request of the gen- this section. qualifications for individuals to prepare ap- tleman from California? (2) REQUIREMENTS.—Except as otherwise praisals and valuations of Indian trust prop- There was no objection. provided by law— erty. (A) any officer or employee described in (c) SECRETARIAL APPROVAL.—In any case in Mr. MCCLINTOCK. Mr. Speaker, I paragraph (1) shall be appointed in accord- which an Indian tribe or Indian beneficiary yield myself such time as I may con- ance with the civil service laws; submits to the Secretary an appraisal or sume.

VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A24FE7.026 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 24, 2016 CONGRESSIONAL RECORD — HOUSE H883 Mr. Speaker, I rise in support of H.R. Mr. Speaker, we fully support H.R. through a process similar to the 812, which is sponsored by our re- 812, and I urge its swift adoption. HEARTH Act of 2012, which the admin- spected colleague from Idaho, Con- Mr. Speaker, I reserve the balance of istration has strongly supported and gressman SIMPSON. This measure re- my time. has proven successful in promoting forms tribal sovereignty made to Mr. MCCLINTOCK. Mr. Speaker, I tribal self-determination and self-gov- America’s Indian nations. yield such time as he may consume to ernance. Specifically, this bill provides new the distinguished gentleman from H.R. 812 would also authorize the In- authority to tribal governments to Idaho (Mr. SIMPSON), the author of this dian tribes and Indian beneficiaries, on manage and develop their trust assets measure and an indefatigable fighter a voluntary basis, to obtain appraisals according to their own best judgment for the Indian nations of our country. of their trust property without having and the wishes of their own constitu- Mr. SIMPSON. Mr. Speaker, I would to wait for the Department of the Inte- encies rather than an historically inept like to thank the full committee chair- rior to approve them. This new author- and often clueless bureaucracy in man, Mr. BISHOP; the ranking member, ity would provide relief to all in Indian Washington. These nations are either Mr. GRIJALVA; the subcommittee chair- Country who currently endure lengthy sovereign or they are not, and the es- man, Mr. MCCLINTOCK, and the ranking delays in selling or leasing their trust sence of sovereignty is self-determina- member, Ms. TSONGAS, for considering land while they wait for the Depart- tion. this bill. ment to review and approve appraisals. Under this act, participating tribes The relationship between Native Finally, the bill would direct the will have the option of entering into Americans and the United States Gov- Secretary of the Interior to consult disagreements with the Department of ernment is complicated, not well un- with Indian Country and provide cer- the Interior to take over management derstood, and filled with inconsist- tain information to Congress about the of the resources within their own juris- encies. Today Indian Country faces a Office of the Special Trustee. OST was dictions. This bill also builds upon number of serious challenges, ranging originally intended as a temporary en- other congressional initiatives like the from addressing abject poverty to try- tity to oversee certain financial re- HEARTH Act of 2012, which deferred to ing to promote economic development forms of Indian trust funds at the De- a tribe’s own judgment about what is in the face of inefficient bureaucracy. partment of the Interior. More than 20 in the best interests for their own The Federal Government has a trust years later, OST has significant in- lands. responsibility to meet its commit- volvement in the day-to-day trans- This bill has strong bipartisan sup- ments to Indian Country. Yet in many actions. Tribes have long complained port both here in the House as well as cases, Federal agencies hinder, rather about the miscommunications, delays, the U.S. Senate. Additionally, the bill than help, tribes provide for their and inefficiencies that result from try- is supported by the National Congress members. This is illustrated by the set- ing to navigate the processes of both of American Indians, Confederated tlement of the Cobell litigation and the OST and the Bureau of Indian Affairs. Tribes of the Colville Reservation, the scores of tribal trust lawsuits over the The information the bill requires the Intertribal Timber Council, and the Af- past few years, which have cost tax- filiated Tribes of Northwest Indians, Secretary to provide will assist Con- payers more than $5.5 billion. gress in determining the future of OST. which include 57 tribal governments in A number of tribes, including many Oregon, Idaho, Washington, southeast It is worth noting that this bill has in the Northwest, have been working to undergone a number of changes since Alaska, northern California, and Mon- address some of the challenges that tana. introduction. The bill has been revised they face in managing tribal trust as- to incorporate input not only from the I urge passage of the bill, and I re- sets. Many tribes are capable of effec- serve the balance of my time. committees of jurisdiction in both tively and efficiently managing their Ms. TSONGAS. Mr. Speaker, I yield Chambers, but also from the Depart- own assets—and often are better myself such time as I may consume. ment of the Interior, the Department Mr. Speaker, H.R. 812 will take an equipped to do so than the agencies of Justice, tribal organizations, and in- important step in fulfilling our fidu- currently responsible for that manage- dividual Indian tribes. ciary responsibility to Indian tribes by ment. Yet, in order to have a say in The Congressional Budget Office has modernizing the Indian trust asset how these assets are managed, they found that H.R. 812 would not affect management system. must swim upstream against a mud- the Federal Government’s overall The Indian Trust Asset Reform Act dled Federal bureaucracy. costs. will streamline the bureaucratic proc- This is why I introduced H.R. 812, the I would also point out that H.R. 812 is ess that has often been a hindrance to Indian Trust Asset Reform Act. This a voluntary program intended to pro- successful trust management, while legislation had its origins with the vide tribes with new flexibility to pro- also rightfully giving tribes the options tribes themselves, which is where Con- mote economic development. Where to manage their own assets. gress should always start when it takes tribes are not willing or able to take on Through the trust asset demonstra- up issues affecting Indian Country. these responsibilities, they will not tion project created in the bill, tribes H.R. 812 was developed and has been en- have to. can, at their own election, develop dorsed by the Affiliated Tribes of H.R. 812 is just one aspect in a larger asset management plans with the Sec- Northwest Indians, the National Con- conversation on improving the man- retary of the Interior in order to better gress of American Indians, the United agement of tribal trust assets. If en- manage and develop their lands and South & Eastern Tribes, the Intertribal acted into law, this bill would be an natural resources. Timber Council, and the U.S. Chamber important step in providing tribes with As has been shown time and time of Commerce. the autonomy they need to manage again, tribal governments are the ones H.R. 812 will do several things to their assets and spur economic growth best suited to make decisions for their modernize the Federal Government’s in their communities. own people and their own communities. role in managing Indian trust property. I want to thank Chairman MCCLIN- Additionally, while the Office of the First, it would establish a voluntary TOCK and his committee, and Chairmen Special Trustee, or OST, has imple- demonstration project to give Indian BISHOP and YOUNG and their staffs for mented positive reforms since its cre- tribes more control over the manage- their work on this bill. They have held ation in 1994, the time has come to ment of their trust assets. This will two hearings and graciously taken transition to a more modern, efficient, provide Indian tribes with new flexi- input from tribes and the administra- and accountable system for the man- bility to direct management of these tion, which is why we are here today agement of Indian trust resources. assets under tribal standards rather with this legislation. To that end, H.R. 812 would consoli- than Federal standards that are often date the functions of the Bureau of In- outdated and inefficient. b 1445 dian Affairs and the OST into one of- As part of the negotiated demonstra- Finally, I want to thank the tribes fice within the Department of the Inte- tion project, Indian tribes would be that have offered their expertise in the rior, headed by a new undersecretary of able to conduct forest management ac- crafting of this bill. Just like the in- Indian Affairs. tivities on their own tribal lands tentions of the underlying bill, Indian

VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.047 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H884 CONGRESSIONAL RECORD — HOUSE February 24, 2016 Country deserves to be in the driver’s through all that lengthy review and ap- management activities on their own seat when making decisions about proval process. tribal lands without requiring review their own future. Accordingly, it will save time, it will and approval by the Bureau of Indian Ms. TSONGAS. Mr. Speaker, I yield save money, but, most importantly, it Affairs. It will allow the Colville, the such time as he may consume to the will allow the tribes to make their own Yakama, and other tribes across the gentleman from Washington (Mr. decisions about how to use their his- West to move salvage log sales more HECK). toric lands. quickly than is possible under the cur- Mr. HECK of Washington. Mr. Speak- When we find commonsense fixes like rent BIA process. er, I rise today to support H.R. 812, the this, we restore some of the trust, in Providing tribes who maintain their Indian Trust Asset Reform Act, and I the first meaning of the word, and timber resources with the authority to commend it to you for your positive build upon the trust that is already make these management decisions will consideration. there. expedite on-the-ground activity and When you stop and think about it, Twenty-seven years ago, if I may open new doors to attract investment. this word ‘‘trust’’ actually has two make a personal note, I had the privi- In fact, I would argue that we should pretty distinct meanings. It can be the lege to join the office of Governor also give more control to States and lo- belief that someone or something is Booth Gardner in a role that would calities in addition to these tribes. honest, trustworthy, the belief that quickly become chief of staff. Fairly The new authority derived in H.R. 812 you can take them at their word. shortly, we signed off on a document will provide additional benefits to On the other hand, ‘‘trust’’ can also known as the Centennial Accord. My tribes with timber resources. The be a financial or a property arrange- good friend and colleague from Wash- Colville Tribe has been attempting to ment. A trust is legally held or man- ington State will recall it well. reopen a sawmill in Omak, Wash- aged by someone else. It could be for Basically, it was the first memori- ington, also in my district, since 2009. your kids or your grandkids or any alization in the history of the United One of the primary impediments to beneficiary. States that recognized the govern- reopening has been the BIA’s unwill- But the irony is a trust in the prop- ment-to-government relationship be- ingness to approve longer term agree- erty management sense is that that tween the tribes and the State of Wash- ments between the tribe and third- often arises out of a lack of trust, as in ington. party investors. This new authority in honesty, when it comes to the person I have said regularly since, in an this bill will allow tribes to enter into or source receiving the money. It is not intermittent public service career ex- these type of agreements on their own, a check handed over. It is a financial tending back 40-some years, I have no resulting in the creation of additional arrangement with conditions or re- higher point of pride than the small jobs as well as economic activity. quirements. role I played in that, lo, those many Last September, while catastrophic When it comes to Indian Country, years ago. wildfires continued to burn across cen- they have plenty of historical reasons Accordingly, I would like to thank tral Washington, Secretary Jewell vis- to lack trust when it comes to the Fed- Congressman SIMPSON very much for ited the Colville Reservation and saw eral Government; but, the Federal Gov- his leadership on this bill and for al- the devastation firsthand. Mr. Speaker, ernment does not have reasons to not lowing me the privilege to be the before the next fire season begins, sig- trust Indian Country’s ability to man- Democratic lead cosponsor. nificant resources will be needed to re- age their own resources, and natural I would like to add my expression of plant these forests as well as rehabili- resources are what have always been gratitude to Chairman MCCLINTOCK and tate these landscapes. the most important asset in Indian the gentlewoman from Massachusetts The administration has not done Country. (Ms. TSONGAS) as well as our ranking enough to provide these tribes with the The Indian Trust Asset Reform Act is member, all those involved. resources they need. We must correct based on the simple notion that Indian I would like to thank the Affiliated that. We must make this change in Country prospers when tribes have the Tribes of Northwest Indians and its order to ensure that these forests can opportunity to make their own deci- Trust Reform Committee. Let it not go continue to be a viable and productive sions and chart their own paths. This is unsaid that there was a decade of work resource for the tribes and commu- what self-determination looks like. leading up to today, a decade of work. nities in my district, my State, and the This is what sovereignty looks like. ‘‘Sovereignty’’ means sovereignty. rest of the country. Many tribes, particularly those in ‘‘Government-to-government’’ means Ms. TSONGAS. Mr. Speaker, I yield my home State of Washington, are just exactly that. The fact of the mat- back the balance of my time. among the largest employers and nat- ter is we have a moral and a legal and Mr. MCCLINTOCK. Mr. Speaker, I ural resource managers in the entire sometimes a treaty obligation to fulfill urge adoption of the bill. region. Tribes in the Pacific Northwest that government-to-government rela- I yield back the balance of my time. have an abundance of trust resources tionship. It is the right thing to do. The SPEAKER pro tempore. The on their land, from timber to range- It is in that spirit that I submit H.R. question is on the motion offered by land, to fishery resources. 812 for your favorable consideration. the gentleman from California (Mr. These tribes count on the ability to Mr. MCCLINTOCK. Mr. Speaker, I MCCLINTOCK) that the House suspend make decisions quickly to adjust to yield such time as he may consume to the rules and pass the bill, H.R. 812, as changing circumstances and to main- the gentleman from Washington (Mr. amended. tain vibrant communities for their NEWHOUSE), my colleague on the Nat- The question was taken; and (two- members and the region as a whole. ural Resources Committee. thirds being in the affirmative) the H.R. 812 advances this idea by giving Mr. NEWHOUSE. Mr. Speaker, I rules were suspended and the bill, as tribes new authority to propose and thank the chairman from California amended, was passed. enter into management plans with the (Mr. MCCLINTOCK) for yielding. A motion to reconsider was laid on Department of Interior, plans that put Mr. Speaker, last summer more than the table. the tribes in the driver’s seat. 400,000 acres of tribal land in the f H.R. 812 also returns more control to Northwest burned with the Colville and tribal members, who are often frus- the Yakama Tribes, which are in my KENNESAW MOUNTAIN NATIONAL trated by, as has been noted earlier, district, enduring the worst fire season BATTLEFIELD PARK BOUNDARY years-long delays that they must go in a generation. ADJUSTMENT ACT OF 2015 through in obtaining Federal approval The Colville Indian Reservation Mr. MCCLINTOCK. Mr. Speaker, I to sell or lease or otherwise manage alone saw 250,000 acres burned, con- move to suspend the rules and pass the their trust lands. sumed, by that blaze, much of which bill (H.R. 3371) to adjust the boundary H.R. 812 would give individuals and consisted of commercial timber. of the Kennesaw Mountain National tribes a new option to complete these The Indian Trust Asset Reform Act, Battlefield Park to include the Wallis transactions without having to wait H.R. 812, will authorize Indian tribes on House and Harriston Hill, and for other for the Department of Interior to go a voluntary basis to carry out forest purposes.

VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.048 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 24, 2016 CONGRESSIONAL RECORD — HOUSE H885 The Clerk read the title of the bill. The Chair recognizes the gentleman The Civil War was a significant event The text of the bill is as follows: from California. in the history of this country and re- H.R. 3371 GENERAL LEAVE mains relevant as we grapple with civil Be it enacted by the Senate and House of Rep- Mr. MCCLINTOCK. Mr. Speaker, I rights discussions today. resentatives of the United States of America in ask unanimous consent that all Mem- The preservation of these sites rein- Congress assembled, bers may have 5 legislative days to re- forces Congress’ dedication to equality SECTION 1. SHORT TITLE. vise and extend their remarks and in- and enables the National Park Service This Act may be cited as the ‘‘Kennesaw to interpret and tell our national Mountain National Battlefield Park Bound- clude extraneous materials on the bill ary Adjustment Act of 2015’’. under consideration. story. SEC. 2. FINDINGS. The SPEAKER pro tempore. Is there I reserve the balance of my time. The Congress finds the following: objection to the request of the gen- Mr. MCCLINTOCK. Mr. Speaker, I (1) Kennesaw Mountain National Battle- tleman from California? yield such time as he may consume to field Park was authorized as a unit of the There was no objection. the gentleman from Georgia (Mr. National Park System on June 26, 1935. Prior Mr. MCCLINTOCK. Mr. Speaker, I LOUDERMILK), the author of this meas- to 1935, parts of the park had been acquired yield myself such time as I may con- ure. and protected by Civil War veterans and the sume. Mr. LOUDERMILK. Mr. Speaker, I War Department. (2) Kennesaw Mountain National Battle- H.R. 3371, introduced by our col- thank the chairman for the time. field Park protects Kennesaw Mountain and league BARRY LOUDERMILK, expands the Mr. Speaker, I rise in support of Kolb’s Farm, which are battle sites along the boundary of the Kennesaw National House Resolution 3371, a bill that will route of General Sherman’s 1864 campaign to Battlefield Park. add valuable historical property to the take Atlanta. It also authorizes the Secretary of Kennesaw Mountain National Battle- (3) Most of the park protects Confederate the Interior to acquire approximately 8 field Park. positions and strategy. The Wallis House is acres of land only by donation or ex- This park, which is located in Geor- one of the few original structures remaining change from willing sellers. The ex- gia’s 11th Congressional District, is a from the Battle of Kennesaw Mountain asso- panded area includes the historic Wal- site of significant battles that took ciated with Union positions and strategy. (4) The Wallis House is strategically lo- lis House and Harriston Hill. place during America’s bloodiest con- cated next to a Union signal station at Wallis House is one of the few re- flict, the Civil War. Harriston Hill. maining structures associated with the Our Nation has long recognized the SEC. 3. BOUNDARY ADJUSTMENT; LAND ACQUISI- Kennesaw Mountain Civil War battle, importance of preserving historical TION; ADMINISTRATION. while Harriston Hill was strategically sites, especially those battlefields (a) BOUNDARY ADJUSTMENT.—The boundary significant as the Union signal station. where Americans fought and died for of the Kennesaw Mountain National Battle- The Battle of Kennesaw Mountain in freedom. Sites such as Kennesaw field Park is modified to include the approxi- mately 8 acres identified as ‘‘Wallis House June of 1864 was critical to the Union Mountain National Battlefield Park and Harriston Hill’’, and generally depicted campaign to split the Confederacy, and allow us to look back in time and get on the map titled ‘‘Kennesaw Mountain Na- although it was a tactical victory for a glimpse of events that help shaped tional Battlefield Park, Proposed Boundary the Confederate, it opened the way for our Nation. Adjustment’’, numbered 325/80,020, and dated the Union’s strategic victory of taking It is extremely important that we February 2010. Atlanta. understand our history; otherwise, we (b) MAP.—The map referred to in sub- The sacrifices of more than 3,000 section (a) shall be on file and available for will be destined to repeat the mistakes inspection in the appropriate offices of the Union troops on Kennesaw Mountain of the past. National Park Service. made possible Sherman’s famous tele- A recent study of American history (c) LAND ACQUISITION.—The Secretary of gram to Lincoln 3 months later that education revealed that, while 98 per- the Interior is authorized to acquire, from ‘‘Atlanta is ours, and fairly won.’’ cent of college students could identify willing owners only, land or interests in land These battlefields remind succeeding that Snoop Doggy Dogg was a rapper, described in subsection (a) by donation or ex- generations of Americans of the price only 23 percent of college seniors could change. paid by so many for the preservation of (d) ADMINISTRATION OF ACQUIRED LANDS.— identify that James Madison was the The Secretary of the Interior shall admin- our Constitution and the liberty it pro- father of the Constitution. tects and the enormous responsibility ister land and interests in land acquired b 1500 under this section as part of the Kennesaw that each of us has to maintain and de- Mountain National Battlefield Park in ac- fend that same Constitution today. Mr. Speaker, it is now more impor- cordance with applicable laws and regula- I urge passage of the bill. tant than ever that the generations fol- tions. I reserve the balance of my time. lowing us have access to these historic (e) WRITTEN CONSENT OF OWNER.—No non- Ms. TSONGAS. Mr. Speaker, I yield sites and to the educational opportuni- Federal property may be included in the Kennesaw Mountain National Battlefield myself such time as I may consume. ties they provide, or we risk losing Park without the written consent of the This bill adjusts the boundary of the touch with our history. It is extremely owner. This provision shall apply only to Kennesaw Mountain National Battle- important to restore the comprehen- those portions of the Park added under sub- field Park in Georgia to include two sive study of American history in our section (a). historically significant structures, the schools. However, it is equally impor- (f) NO USE OF CONDEMNATION.—The Sec- Wallace House and Kolb’s Farm, and to tant to preserve the places at which retary of the Interior may not acquire by assist in the preservation of the story significant events in our history took condemnation any land or interests in land under this Act or for the purposes of this of the Atlanta Campaign. place. Act. Between June 19 and July 2, 1864, a This bill that I have sponsored will (g) NO BUFFER ZONE CREATED.—Nothing in series of battles occurred here between simply allow Kennesaw Mountain Na- this Act, the establishment of the Kennesaw Union and Confederate forces. The loss tional Battlefield Park to acquire two Mountain National Battlefield Park, or the of Kennesaw Mountain removed one of pieces of property that will add to the management plan for the Kennesaw Moun- the last major geographic obstacles historic and educational value of this tain National Battlefield Park shall be con- protecting Atlanta, which eventually battlefield. strued to create buffer zones outside of the One of the properties this bill will Park. That activities or uses can be seen, fell to the Union Army in September of heard, or detected from areas within the 1864. preserve is a home that was built in Kennesaw Mountain National Battlefield The bill will allow for the donation of 1853 by Mr. Josiah Wallis. Mr. Wallis Park shall not preclude, limit, control, regu- approximately 8 acres to Kennesaw Na- built this home for his family, but it late or determine the conduct or manage- tional Battlefield Park, a unit of the was eventually used as a hospital by ment of activities or uses outside the Park. National Park Service. the Confederate Army during the Civil The SPEAKER pro tempore. Pursu- I want to thank my colleague from War. ant to the rule, the gentleman from Georgia, Representative BARRY In 1864, the Wallis House fell into the California (Mr. MCCLINTOCK) and the LOUDERMILK, for continuing to support hands of General William Sherman of gentlewoman from Massachusetts (Ms. the preservation of the history of this the Union Army during his campaign TSONGAS) each will control 20 minutes. great country. to take Atlanta. The house served as

VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.049 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H886 CONGRESSIONAL RECORD — HOUSE February 24, 2016 Sherman’s headquarters during the Mr. MCCLINTOCK. Mr. Speaker, I ‘‘(B) mile 0 of Federal Road Route 209 to Battle of Kolb’s Farm, which was a re- urge the passage of this bill. Pennsylvania State Route 2001.’’. sounding victory for the Union Army; I yield back the balance of my time. SEC. 2. DEFINITIONS. but the victory was not without cost. The SPEAKER pro tempore (Mr. Section 2 of the Delaware Water Gap Na- When the smoke cleared, over 350 JODY B. HICE of Georgia). The question tional Recreation Area Improvement Act is on the motion offered by the gen- (Public Law 109–156) is amended— Union soldiers and over 1,000 Confed- (1) by redesignating paragraphs (1) through erate soldiers lay dead. tleman from California (Mr. MCCLIN- (5) as paragraphs (2) through (6), respec- Five days later, Union General Oliver TOCK) that the House suspend the rules tively; and Howard used the Wallis House as his and pass the bill, H.R. 3371. (2) by inserting before paragraph (2) (as so headquarters and communications cen- The question was taken; and (two- redesignated by paragraph (1) of this section) ter during the Battle of Kennesaw thirds being in the affirmative) the the following: Mountain, one of the bloodiest 1-day rules were suspended and the bill was ‘‘(1) ADJACENT MUNICIPALITIES.—The term battles of the entire war. This was also passed. ‘adjacent municipalities’ means Delaware Township, Dingman Township, Lehman the last major battle before Atlanta A motion to reconsider was laid on the table. Township, Matamoras Borough, Middle fell to Union forces. While the assault Smithfield Township, Milford Borough, Mil- by General Sherman was a tactical f ford Township, Smithfield Township and failure in its costing the lives of 3,000 DELAWARE WATER GAP NATIONAL Westfall Township, in Pennsylvania.’’. of his men, the battle also inflicted RECREATION AREA IMPROVE- SEC. 3. CONFORMING AMENDMENT. heavy losses on the Confederates. After MENT ACT AMENDMENT Section 702 of the Omnibus Parks and Pub- losing another 1,000 men, the Confed- lic Lands Management Act of 1996 (Public Mr. MCCLINTOCK. Mr. Speaker, I erate Army could not stop General Law 104–333) is repealed. move to suspend the rules and pass the Sherman on his march to Atlanta. The SPEAKER pro tempore. Pursu- Adjacent to the Wallis House are 8 bill (H.R. 3620) to amend the Delaware ant to the rule, the gentleman from acres of land, known as Harriston Hill. Water Gap National Recreation Area California (Mr. MCCLINTOCK) and the This property offers a sweeping view of Improvement Act to provide access to gentlewoman from Massachusetts (Ms. the valley leading to the Confederate certain vehicles serving residents of TSONGAS) each will control 20 minutes. line on top of Kennesaw Mountain, and municipalities adjacent to the Dela- The Chair recognizes the gentleman it was used by the Union as a signaling ware Water Gap National Recreation from California. Area, and for other purposes. position during the battle. This loca- GENERAL LEAVE The Clerk read the title of the bill. tion is essential for park visitors to un- C The text of the bill is as follows: Mr. M CLINTOCK. Mr. Speaker, I derstand the strategic positions taken ask unanimous consent that all Mem- H.R. 3620 by the Union and Confederate Armies bers may have 5 legislative days to re- during the battle. Be it enacted by the Senate and House of Rep- resentatives of the United States of America in vise and extend their remarks and to In addition to being critical sites in Congress assembled, include extraneous materials on the Civil War history, the Wallis House and SECTION 1. VEHICULAR ACCESS AND FEES. bill under consideration. Harriston Hill are two of the few origi- Section 4 of the Delaware Water Gap Na- The SPEAKER pro tempore. Is there nal locations remaining from the Bat- tional Recreation Area Improvement Act objection to the request of the gen- tle of Kennesaw Mountain that are as- (Public Law 109–156) is amended to read as tleman from California? sociated with the Union Army. Most of follows: There was no objection. the park’s current attractions cor- ‘‘SEC. 4. USE OF CERTAIN ROADS WITHIN THE Mr. MCCLINTOCK. Mr. Speaker, I respond with Confederate history, so RECREATION AREA. yield myself such time as I may con- ‘‘(a) IN GENERAL.—Except as otherwise pro- these additions will prove to be major sume. vided in this section, Highway 209, a feder- H.R. 3620, introduced by Congressman historical acquisitions that will en- ally owned road within the boundaries of the hance the value of the park and provide Recreation Area, shall be closed to all com- TOM MARINO, amends the Delaware insight into the Union’s side of the mercial vehicles. Water Gap National Recreation Area story. ‘‘(b) EXCEPTION FOR LOCAL BUSINESS USE.— Improvement Act to allow a road in In 2002, the Cobb County Government Until September 30, 2020, subsection (a) shall the recreation area to continue to be purchased the Wallis House and not apply with respect to the use of commer- used by commercial vehicles that serve Harriston Hill in order to prevent the cial vehicles that have four or fewer axles the local communities adjoining this and are— federally designated land. It is entirely house from being demolished. Since ‘‘(1) owned and operated by a business then, the county has been seeking to physically located in— in keeping with one of our principal ob- transfer the property to the park. My ‘‘(A) the Recreation Area; or jectives for Federal land use policy: to bill simply modifies the boundary of ‘‘(B) one or more adjacent municipalities; restore the Federal Government as a Kennesaw Mountain National Battle- or good neighbor to the communities im- field Park to include the house and the ‘‘(2) necessary to provide services to busi- pacted by the Federal lands. hill, and it authorizes the park to ac- nesses or persons located in— Before the Federal Government took quire the property by donation. Along ‘‘(A) the Recreation Area; or control of 70,000 acres of land adjacent ‘‘(B) one of more adjacent municipalities. to the Delaware River in Pennsylvania with the Cobb County Government, ‘‘(c) FEE.—The Secretary shall establish a this bill is supported by the National fee and permit program for the use by com- and New Jersey, highway 209 served as Park Service, by Kennesaw Mountain mercial vehicles of Highway 209 under sub- a major trucking route for commerce. Park, and by several park volunteer or- section (b). The program shall include an an- Legislation that created the recreation ganizations and historical societies in nual fee not to exceed $200 per vehicle. All area and implemented it sought to pro- my district. fees received under the program shall be set hibit commercial vehicles from using This legislation is an essential step aside in a special account and be available, this public highway, promising to es- toward preserving our Nation’s herit- without further appropriation, to the Sec- tablish alternate routes. Yet, despite retary for the administration and enforce- three extensions of the deadline, local age, and it is a valuable part of Civil ment of the program, including registering War history. The Wallis House and vehicles, issuing permits and vehicle identi- residents and businesses in the commu- Harriston Hill will provide tremendous fication stickers, and personnel costs. nities of Delaware Township, Dingman educational and historical value to ‘‘(d) EXCEPTIONS.—The following vehicles Township, Lehman Township, Kennesaw Mountain Park; and it is my may use Highway 209 and shall not be subject Metamoras Borough, Middle Smithfield hope that the park will quickly acquire to a fee or permit requirement under sub- Township, Milford Borough, Milford this property and will restore it to its section (c): Township, Smithfield Township, and original condition for visitors to enjoy ‘‘(1) Local school buses. Westfall Township in Pennsylvania are ‘‘(2) Fire, ambulance, and other safety and for generations to come. emergency vehicles. directly threatened by the impending I urge my colleagues to support this ‘‘(3) Commercial vehicles using Federal limitation. bill. Road Route 209, from— H.R. 3620 would protect the people of Ms. TSONGAS. Mr. Speaker, I yield ‘‘(A) Milford to the Delaware River Bridge these communities from this unneces- back the balance of my time. leading to U.S. Route 206 in New Jersey; and sary disruption and inconvenience by

VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.051 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 24, 2016 CONGRESSIONAL RECORD — HOUSE H887 allowing commercial vehicles serving employers, businesses, and homeowners braska (Mr. FORTENBERRY) is recog- these communities to continue to use I represent in Pike and Monroe Coun- nized for 60 minutes as the designee of this long-established highway. Specifi- ties. The expiration in September cast the majority leader. cally, it directs the Department of the a cloud on the local business commu- GENERAL LEAVE Interior to establish a fee and permit nity and put countless jobs in jeopardy. Mr. FORTENBERRY. Mr. Speaker, I program for commercial vehicles serv- Passing this bill so that it can be swift- ask unanimous consent that all Mem- ing these communities. ly considered by the Senate is impera- bers may have 5 legislative days in This bill enjoys broad support in the tive as the weather warms and business which to revise and extend their re- affected communities, and Congress- activity increases through the region. marks and to include extraneous mate- man MARINO should be commended for I thank Chairman BISHOP for his sup- rials on the subject of this Special his efforts to resolve this vexing issue port and assistance in bringing this bill Order. for his constituents. to the floor as quickly as possible. I The SPEAKER pro tempore. Is there I urge the passage of the bill, and I urge my colleagues to support this bill. objection to the request of the gen- reserve the balance of my time. Ms. TSONGAS. Mr. Speaker, I yield tleman from Nebraska? Ms. TSONGAS. Mr. Speaker, I yield back the balance of my time. There was no objection. myself such time as I may consume. Mr. MCCLINTOCK. Mr. Speaker, I Mr. FORTENBERRY. Mr. Speaker, I This bill amends the Delaware Water urge passage of the bill. had the extraordinary privilege of Gap National Recreation Area Im- I yield back the balance of my time. being in the room when Pope Francis provement Act to extend the author- The SPEAKER pro tempore. The was given a small cross, a crucifix. ization of a waiver for certain commer- question is on the motion offered by This crucifix belonged to a young Syr- cial traffic on U.S. Route 209, a feder- the gentleman from California (Mr. ian man who had been captured by the ally owned highway that runs through MCCLINTOCK) that the House suspend jihadis and then given a choice—con- the Delaware Water Gap National the rules and pass the bill, H.R. 3620. vert or die—and he chose. He chose his Recreation Area. The question was taken; and (two- ancient faith tradition. When Congress decided to restrict thirds being in the affirmative) the He chose Christ. commercial traffic on the portion of rules were suspended and the bill was And he was beheaded. the highway that runs through the passed. His mother was able to recover his recreation area, the law included an ex- A motion to reconsider was laid on body and the crucifix that he wore and emption for certain vehicles that be- the table. bury him, and then she subsequently long to nearby businesses and munic- f made her way to Austria by which this ipal governments. This bill provides a cross came into the possession of the 5-year extension of that exemption in HONORING PENN STATE’S MIKE HERR, ‘‘MIKE THE MAILMAN’’ Holy Father. order to facilitate continued access for This type of incident—the killings, local residents. (Mr. THOMPSON of Pennsylvania the beheadings, the crucifixions, the It is supported by the National Park asked and was given permission to ad- immolations—occurs day, after day, Service, and I urge my colleagues to dress the House for 1 minute and to re- after day to the beleaguered religious support its adoption. vise and extend his remarks.) minorities of the Middle East—the I reserve the balance of my time. Mr. THOMPSON of Pennsylvania. Christians, the Yazidis, and others— Mr. MCCLINTOCK. Mr. Speaker, I Mr. Speaker, I rise to congratulate who have ancient faith traditions, who yield such time as he may consume to Mike Herr on his retirement from the have every right to be in their ancient the author of this measure, the gen- United States Postal Service. For gen- homelands as does anyone else. tleman from Pennsylvania (Mr. erations of students at Penn State Uni- 1515 MARINO). versity, Mike is lovingly known as b Mr. MARINO. I thank the chairman. ‘‘Mike the Mailman.’’ This is a genocide. This is a delib- Mr. Speaker, I rise in support of my Mike’s first day with the Postal erate attempt to exterminate an entire bill to reauthorize commercial traffic Service was April 1, 1968—48 years to set of peoples based upon their faith. along Route 209 through the Delaware the day of his expected retirement this Mr. Speaker, in the year 2004, then- Water Gap National Recreation Area. year. In his nearly five decades of Secretary of State Colin Powell came For nearly 5 months now, uncer- working at the university’s main cam- to the United States Congress and in a tainty has reigned over this 21-mile pus in State College, he has formed committee hearing—the Senate For- stretch of road that is running through bonds with countless students and has eign Relations Committee—he declared my district. Over 30 years ago, the become a fixture at the school’s annual what was happening in Darfur in Sudan Commonwealth of Pennsylvania—as dance marathon, also known as a genocide. In making that simple dec- the chairman so eloquently stated— THON—the largest student-run philan- laration, using that powerful word, he transferred Route 209, then a State thropy in the world. In fact, Mike has helped put an end to that grim reality. road, to the National Park Service. become known for delivering Mack Thankfully, what is happening now As commercial thru traffic is banned Trucks that are full of letters and that should give the beleaguered com- on roads within our national parks, it packages for dancers who are partici- munities of the Middle East some hope would also be so on this stretch of pating in the event. is that there is an international coali- Route 209; but, at that time, a 10-year When asked about becoming a Penn tion developing that has recognized the exemption was made to support the State campus institution, Mike said: fact that this is a genocide being com- local freight transportation industry ‘‘My secret is fairly simple: kindness mitted. and because acceptable alternative matters; humor always helps; staying Nearly 200 Members of the United routes were unavailable. After multiple enthusiastic about the big and little States Congress, this body, have signed extensions, the most recent commer- things and showing compassion to on and are cosponsoring a resolution cial vehicle authorization expired at every single person that I meet.’’ that declares this a genocide. The the end of September of 2015. Mr. Speaker, these are words that we International Association of Genocide To address the problem, county and can all live by, and I wish ‘‘Mike the Scholars has stated it as such. township officials from the sur- Mailman’’ the best of luck in his retire- Others, including the Yazidi commu- rounding areas met with the National ment. nity, the United States Catholic Park Service and my staff to negotiate f bishops, Pope Francis himself, Hillary a new plan. They recognized the con- Clinton and MARCO RUBIO, both Presi- tinued need to allow some commercial THE GENOCIDE OF CHRISTIANS dential candidates, have declared this vehicle access, and they settled on the AND OTHER RELIGIOUS MINORI- to be a genocide. carefully crafted language we are con- TIES Genocide is a powerful word. It sidering today. The SPEAKER pro tempore. Under evokes special meaning. It creates the The work to produce this extension the Speaker’s announced policy of Jan- conditions for when there hopefully is acknowledges the continued need of uary 6, 2015, the gentleman from Ne- inevitably and perhaps miraculously

VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.053 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H888 CONGRESSIONAL RECORD — HOUSE February 24, 2016 some proper settlement in the Middle I am also grateful to have some col- across the desert or face ISIL’s geno- East—security arrangements, political, leagues here, including my good friend, cidal campaign. economic, and cultural settlement— Congressman DAN LIPINSKI of Illinois, Leaders across the world, including that the religious minorities of that who has tirelessly spoken to the issue the European Union Parliament and area who once made up the rich tap- of human rights and stood for life, Pope Francis, have recognized that estry of that region will have their stood for stability, stood for justice on genocide is being committed by ISIL rightful place restored and re- the whole spectrum of issues that are against many ethno-religious groups, integrated back into those commu- facing humanity now. and the United States must join them nities. I yield to the gentleman from Illinois in condemning these crimes as a geno- This would give hope again to per- (Mr. LIPINSKI) so that he may give us cide. secuted peoples. It provides a gateway his consideration on this essential Here in Congress, we remain in a for the discussion of further policy rec- topic. critical position to promote religious ommendations, for instance, that could Mr. LIPINSKI. Mr. Speaker, I only freedom and ensure that it remains a place people who are being forced to have a few minutes this afternoon. No priority in our foreign policy. flee under the threat of genocide in matter how busy things get, there has That is why I was an original cospon- proximity to where their ancient to be time to come here to stand up for sor of Congressman FORTENBERRY and homeland is so that, once stability is basic human rights. Congresswoman ESHOO’s H. Con. Res. restored, they can return and reclaim I thank Congressman FORTENBERRY 75, which expresses that Congress views what is rightfully theirs. and, also, Congresswoman ESHOO for the attacks on Christians and other A little while back when the Yazidi organizing today’s Special Order and ethnic and religious minorities as war community, primarily women and chil- for all the work that they have done to crimes, crimes against humanity, and, dren, were trapped on Mount Sinjar, speak out on this issue of protecting yes, genocide. We must not wait or be President Obama, to his credit, acted all of those minority groups who are apprehensive about speaking the truth. quickly. under threat, so many murdered, driv- The administration and Congress The House of Representatives had en from their homes. must prioritize religious freedom and passed a resolution calling for addi- It is very important that we focus protect all minorities in the Middle tional humanitarian assistance, and the eyes of Congress and the Nation on East from the ongoing genocide. It the President, with great deliberate- this humanitarian tragedy that is hap- should begin here in Congress by pass- ness, decided to save their lives. I want pening in Syria and Iraq. I think it is ing H. Con. Res. 75. I certainly want to to personally state that I am grateful very important. It is really past time, ask all of my colleagues to join us in for that. as far as I am concerned, but it is never cosponsoring this resolution. I represent the largest Yazidi refugee too late. Again, we continue to see the hor- community in America. This is an an- We need to stand up and pass H. Con. rible crimes being committed in Syria cient faith tradition that usually en- Res. 75 for this Congress to declare and Iraq. We are not here today to say joyed a quiet and peaceable life in that there is a genocide that is going that there are easy solutions, that any areas of Iraq and who began to come on. The genocide is against not just of this is easy to solve. under increasing pressure during the Yazidis, but also Christians, Turkmen, We have to not look away, but we Iraq war and now are, of course, sub- and other groups in Syria and Iraq and need to look at what is going on in jected to ISIL’s attempt to extermi- in the region. Syria and Iraq and call it for what it is, nate them. They were saved by quick Since 2013, when ISIL began their a genocide. It is a genocide against a action. So in an exchange with Secretary murderous march through Syria and number of groups, including Christians Kerry today, I commended the admin- northern Iraq, the world has witnessed there in Syria and Iraq. istration for that quick action to save the targeted killing of all of these By Congress standing up, it means the Yazidis and I asked the administra- groups that I have mentioned. As I something. The world takes notice tion to actively consider and call this said, we should have done this a while when it happens. We must do more. It what it is, a genocide. ago. The United States should have is our duty to do more to protect these When we do so, again we create the stood up and declared this a genocide. people, starting out with this declara- conditions not only for which the Now, it seems there are reports, at tion of genocide. international consciousness on this least, that the United States may be I want to again thank Congressman problem will be raised and other inter- declaring that there is a genocide of FORTENBERRY for all the work he is national organizations, including the the Yazidis. While certainly no one is doing on this issue and many other European Union Parliament who have going to downplay that, as my col- human rights issues, standing up for spoken to it. Other parliaments around league mentioned, we all remember life itself, which is something criti- the world have also declared this a what happened with the Yazidis cally important that we all must do genocide. trapped on Mount Sinjar and the quick here. However, in our complicated times, intervention that helped to save so I thank Congressman FORTENBERRY we rush from urgency to urgency. It is many lives and the continued genocide for organizing this Special Order and difficult to keep the mind focused be- going on against the Yazidis. for all of his work on this issue. cause the horrors that continue to We don’t want to downplay that in Mr. FORTENBERRY. Mr. Speaker, I come at us are so extreme we almost any way, but I think it is important thank Congressman LIPINSKI as well get numb to it all. Yet, we have to act. that we recognize it is not just the for his tireless commitment to justice, In doing so, we can save lives. Yazidis who are suffering from geno- to human dignity, to human flour- We can reposition and potentially cide. ishing. preserve the remnant of the rich tap- In fact, the State Department’s re- Really, ultimately, that is what this estry of minority voices that are crit- port on International Religious Free- resolution is intended to do, to call it ical to stability in the Middle East and dom for 2014 acknowledged that ISIL what it is, a genocide, in order that are critical to saving civilization itself was systematically targeting religious there might be the proper settlement, and stopping this grievous assault on minorities it considered heretical and when we finally come to the day when human dignity. that their abuses disproportionately af- there is a proper security arrangement That is why I urged the Secretary to fected religious minorities, with be- in the Middle East, when there is a re- make the declaration of genocide. It tween 100,000 and 200,000 Christians and integration of the religious minorities was a thoughtful exchange, but we will an estimated 300,000 Yazidis displaced who, again, made up the rich diversity continue to do so. in Iraq. of the Middle East in a prior time who I am so grateful to so many of my Now, these numbers have only gotten are critical to the ongoing stability of colleagues who, again, have signed greater since that time. In Syria, that Iraq and Syria and other places. onto this resolution that calls it such, same report states that ISIL has exe- I am grateful as well that the gen- a genocide against the Christian cuted Christians, kidnapped priests, tleman pointed out the extraordinary Yazidis and others. and forced tens of thousands to flee work of our colleague, Congresswoman

VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.055 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 24, 2016 CONGRESSIONAL RECORD — HOUSE H889 ANNA ESHOO, a Democrat from Cali- ISIS has. They absolutely have the our government that it is time to call fornia. I am a Republican. intent to destroy, in whole, Christians, this genocide and, by declaring such, We have other Republicans here who Yazidis, and all religious groups again setting the conditions that will will speak in a time when Congress throughout the Middle East. In fact, be necessary to reintegrate people, seems so divided on every issue—again, their entire propaganda even brags those who have survived, back into we have 200 of our colleagues—in a about the abhorrent crimes that they their ancient lands for which they have transpartisan initiative to say that are committing, and they show abso- a rightful claim. this is unjust, this must be stopped. lutely no signs of willingness to stop I heard a story recently from a com- By our actions of calling it a geno- these atrocities. mander who had been in Mosul during cide, we not only elevate international It is clear to me that we have an obli- the height of the Iraq war. Part of consciousness, but again we create the gation—not only a moral one, but a their obligation and responsibility was conditions for the proper redress once legal obligation—to prevent these to protect the various religious minori- we come to some proper settlement in atrocities from occurring. In fact, 3 ties who were there. He talked about the Middle East. weeks from now this administration seeing the very beautiful Christian I am so grateful for the gentleman’s must fulfill its own legal obligation to church that was there. time and efforts on this behalf and for make a determination on whether it All the Christians are gone from his leadership in Congress. I thank the will name ISIS’ crimes as acts of geno- Mosul. The remaining ones had the Ar- gentleman from Illinois (Mr. LIPINSKI.) cide or not. abic letter N, Nun, spray-painted on Let me turn to my good friend as The time has come. In fact, the time their door in blood red. That is a sym- well, Congressman JODY B. HICE, a new is long past for our Nation and our bol for the word Nazarene, which some Member of Congress from Georgia, who world to officially recognize these use as a derogatory term to Christians. has shown initiative, entrepreneurial crimes by ISIS for what they truly are They were told: Convert, leave, or die. endeavor, integrating quickly as an im- and to commit fully to defeating ISIS. Many had to flee with whatever they pact player, if you will, in the pro- We simply cannot ignore this any had on their back. ceedings here in Congress. I am grate- longer, and we must bring H. Con. Res. Of course, we know the horrific sto- ful for his willingness to speak on this 75 to the House floor as soon as pos- ries of those who gave their life in fi- topic, but, more than that, grateful for sible. delity to their faith. This is a system- our growing friendship. Again, I thank you for yielding this atic attempt to wipe certain peoples off I yield to the gentleman from Geor- time and thank you for your leadership the map. It is not fair. It is unjust. It gia (Mr. JODY B. HICE). in this regard. must be countered with a worldwide re- Mr. JODY B. HICE of Georgia. Mr. Mr. FORTENBERRY. I thank the sponse. Speaker, I thank the gentleman from gentleman from Georgia for his The designation of genocide is that Nebraska (Mr. FORTENBERRY) and the thoughtful commentary and leadership critical first step, again, toward the gentlewoman from California (Ms. as well on this essential issue. In fact, possibility of restoring some tran- ESHOO) for bringing attention to this it is not an issue at all. This is an as- quility of order whenever there is the incredibly important issue and the ab- sault on all humanity. This is a threat right type of security and economic solute carnage that is occurring in the to civilization itself. and cultural settlement that must Middle East against Christians, If a group of people can succeed in ex- come to the Middle East if it has any Yazidis, and people of other religious terminating another group because chance, again, to flourish. faiths and minorities. they have the power to do so, because We can lead in this regard. We must You know, the right to practice a they do not believe in another’s reli- lead. Other countries around the world chosen religion is a right that I—and I gion, they violate that sacred space have already taken up this banner. As believe all of us—believe should be uni- that is essential to all persons and, I said earlier, the European Parliament versal. Yet, the religious persecution, therefore, the conditions of liberty has declared it so. especially by such violent means that that are necessary for human flour- Mr. Speaker, I am grateful for the is occurring now, is absolutely deplor- ishing. ability to converse today with my col- able. This goes beyond the grotesque trag- leagues on this threat, this threat to ISIS has shown its true nature in the edy in the Middle East. It is a call to civilization itself, and our need to act. I yield back the balance of my time. treatment of these religious minori- the entire responsible community of ties. We have all witnessed in recent nations to act, to say that we will not f months the violent expansion of ISIS allow eighth-century barbarism that LEAVE OF ABSENCE happens to have 21st-century weaponry in the Middle East as they have single- By unanimous consent, leave of ab- to rule in a land, destroy, kill, maim, mindedly persecuted those who adhere sence was granted to: and exterminate entire groups of peo- to different faiths. Mr. BUCK (at the request of Mr. ple because of their religious tradition. In fact, those who refuse to convert MCCARTHY) for today on account of ill- have been driven from their homes, It is wrong. It is unjust. If not ad- ness. dressed, all of civilization is at threat. brutally tortured, crucified, raped, f murdered, enslaved, and not by just That is the core of the problem here. few in number. We are talking thou- I thank you so much for your willing- SENATE BILL REFERRED sands that fall under this horrific sce- ness to spend a little bit of time and A bill of the Senate of the following nario. your leadership on these critical title was taken from the Speaker’s points. Thank you so much. b 1530 table and, under the rule, referred as Mr. Speaker, again, it is H. Con. Res. follows: The systematic violence of ISIS to- 75, House Concurrent Resolution 75. It S. 2234. An act to award the Congressional ward communities of Yazidis, Chris- has been introduced here in the House, Gold Medal, collectively, to the members of tians, Kurds, Turkmen, whatever it and there is a similar resolution in the the Office of Strategic Services (OSS) in rec- may be, as you have well mentioned, Senate. It will be forthcoming in the ognition of their superior service and major goes far beyond war crimes. We are coming weeks. The House Committee contributions during World War II; to the talking absolute genocide. on Foreign Affairs will be considering Committee on Financial Services; in addi- In looking at all this, it was inter- this resolution soon. tion to the Committee on House Administra- esting to me that, when the world I am hopeful that, again, with my tion for a period to be subsequently deter- mined by the Speaker, in each case for con- came together after the atrocities of colleague, the gentlewoman from Cali- sideration of such provisions as fall within the Second World War in an effort to fornia (Ms. ESHOO), and others, who the jurisdiction of the committee concerned. define genocide, they actually defined have shown just extraordinary leader- f it as an actor committing certain acts ship and deep concern and compassion against a designated group with an in- for those who are in need, we can con- ENROLLED BILLS SIGNED tent to destroy the group in whole or in tinue to build the numbers and make Karen L. Haas, Clerk of the House, part. the case to all of our colleagues and reported and found truly enrolled bills

VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K24FE7.056 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H890 CONGRESSIONAL RECORD — HOUSE February 24, 2016 of the House of the following titles, Nonattainment Area [EPA-R07-OAR-2015- ment Act of 2016’’, pursuant to Public Law which were thereupon signed by the 0438; FRL-9942-76-Region 7] received Feb- 93-198, Sec. 602(c)(1); (87 Stat. 814); to the Speaker: ruary 22, 2016, pursuant to 5 U.S.C. Committee on Oversight and Government 801(a)(1)(A); Added by Public Law 104-121, Reform. H.R. 487. An act to allow the Miami Tribe Sec. 251; (110 Stat. 868); to the Committee on 4438. A letter from the Chairman, Council of Oklahoma to lease or transfer certain Energy and Commerce. of the District of Columbia, transmitting lands. 4428. A letter from the Director, Regu- D.C. Act 21-321, ‘‘Presidential Primary Ballot H.R. 890. An act to revise the boundaries of latory Management Division, Environmental Access Temporary Amendment Act of 2016’’, certain John H. Chafee Coastal Barrier Re- Protection Agency, transmitting the Agen- pursuant to Public Law 93-198, Sec. 602(c)(1); sources System units in Florida. cy’s direct final rule — Clarification of Re- (87 Stat. 814); to the Committee on Oversight H.R. 3262. An act to provide for the convey- quirements for Method 303 Certification and Government Reform. ance of land of the Illiana Health Care Sys- Training [EPA-HQ-OAR-2014-0492; FRL-9940- 4439. A letter from the Chairman, Council tem of the Department of Veterans Affairs in 76-OAR] (RIN: 2060-AR97) received February of the District of Columbia, transmitting Danville, Illinois. 22, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); D.C. Act 21-322, ‘‘Wage Theft Prevention H.R. 4056. An act to direct the Secretary of Added by Public Law 104-121, Sec. 251; (110 Clarification Temporary Amendment Act of Veterans Affairs to convey to the Florida Stat. 868); to the Committee on Energy and 2016’’, pursuant to Public Law 93-198, Sec. Department of Veterans Affairs all right, Commerce. 602(c)(1); (87 Stat. 814); to the Committee on title, and interest of the United States to the 4429. A letter from the Director, Regu- Oversight and Government Reform. property known as ‘‘The Community Living latory Management Division, Environmental 4440. A letter from the Federal Register Center’’ at the Lake Baldwin Veterans Af- Protection Agency, transmitting the Agen- and Regulatory Liaison Officer, Office of Di- fairs Outpatient Clinic, Orlando, Florida. cy’s final rule — Pyriproxyfen; Pesticide versity and Equal Opportunity, National H.R. 4437. An act to extend the deadline for Tolerances [EPA-HQ-OPP-2011-1012; FRL- Aeronautics and Space Administration, the submittal of the final report required by 9941-38] received February 22, 2016, pursuant transmitting the Administration’s final rule the Commission on Care. to 5 U.S.C. 801(a)(1)(A); Added by Public Law — Discrimination on the Basis of Disability in Federally Assisted and Federally Con- f 104-121, Sec. 251; (110 Stat. 868); to the Com- mittee on Energy and Commerce. ducted Programs and Activities [Document BILL PRESENTED TO THE 4430. A letter from the Director, Regu- No.: NASA-2015-0008] (RIN: 2700-AD85) re- PRESIDENT latory Management Division, Environmental ceived February 19, 2016, pursuant to 5 U.S.C. Protection Agency, transmitting the Agen- 801(a)(1)(A); Added by Public Law 104-121, Karen L. Haas, Clerk of the House, cy’s final rule — Triclopyr; Pesticide Toler- Sec. 251; (110 Stat. 868); to the Committee on reported that on February 23, 2016, she ances [EPA-HQ-OPP-2014-0314 and EPA-HQ- Oversight and Government Reform. presented to the President of the OPP-2014-0489; FRL-9941-87] received Feb- 4441. A letter from the Senior Counsel for United States, for his approval, the fol- ruary 22, 2016, pursuant to 5 U.S.C. Regulatory Affairs, Office of the Assistant lowing bill: 801(a)(1)(A); Added by Public Law 104-121, Secretary for Management, Department of Sec. 251; (110 Stat. 868); to the Committee on the Treasury, transmitting the Department’s H.R. 644. To reauthorize trade facilitation Energy and Commerce. interim final rule — Department of the and trade enforcement functions and activi- 4431. A letter from the Director, Office of Treasury Employee Rules of Conduct re- ties, and for other purposes. Congressional Affairs, Nuclear Regulatory ceived February 19, 2016, pursuant to 5 U.S.C. f Commission, transmitting the Commission’s 801(a)(1)(A); Added by Public Law 104-121, final rule — Interim Staff Guidance — Clari- Sec. 251; (110 Stat. 868); to the Committee on ADJOURNMENT fication of Licensee Actions in Receipt of Oversight and Government Reform. Mr. FORTENBERRY. Mr. Speaker, I Enforcement Discretion Per Enforcement 4442. A letter from the Acting Unified List- ing Team Manager, U.S. Fish and Wildlife move that the House do now adjourn. Guidance Memorandum EGM 15-002, ‘‘En- forcement Discretion for Tornado-Generated Service, Department of the Interior, trans- The motion was agreed to; accord- Missile Protection Noncompliance’’ [DSS- mitting the Department’s final rule — Inter- ingly (at 3 o’clock and 37 minutes ISG-2016-01] received February 22, 2016, pur- agency Cooperation-Endangered Species Act p.m.), under its previous order, the suant to 5 U.S.C. 801(a)(1)(A); Added by Pub- of 1973, as Amended; Definition of Destruc- House adjourned until tomorrow, lic Law 104-121, Sec. 251; (110 Stat. 868); to the tion or Adverse Modification of Critical Thursday, February 25, 2016, at 10 a.m. Committee on Energy and Commerce. Habitat [Docket No.: FWS-R9-ES-2011-0072] for morning-hour debate. 4432. A letter from the Chairman, Council (RIN: 1018-AX88) received February 18, 2016, of the District of Columbia, transmitting pursuant to 5 U.S.C. 801(a)(1)(A); Added by f D.C. Act 21-318, ‘‘Private Security Camera Public Law 104-121, Sec. 251; (110 Stat. 868); to the Committee on Natural Resources. EXECUTIVE COMMUNICATIONS, Incentive Program Temporary Act of 2016’’, pursuant to Public Law 93-198, Sec. 602(c)(1); 4443. A letter from the Unified Listing ETC. (87 Stat. 814); to the Committee on Oversight Team Manager, U.S. Fish and Wildlife Serv- Under clause 2 of rule XIV, executive and Government Reform. ice, Department of the Interior, transmitting communications were taken from the 4433. A letter from the Chairman, Council the Department’s final rule — Endangered and Threatened Wildlife and Plants; Des- Speaker’s table and referred as follows: of the District of Columbia, transmitting D.C. Act 21-317, ‘‘Emery Heights Community ignation of Critical Habitat for Consolea 4425. A letter from the General Counsel, Center Designation Act of 2016’’, pursuant to corallicola (Florida Semaphore Cactus) and Federal Housing Finance Agency, transmit- Public Law 93-198, Sec. 602(c)(1); (87 Stat. Harrisia aboriginum (Aboriginal Prickly- ting the Agency’s final rule — Rules of Prac- 814); to the Committee on Oversight and apple) [Docket No.: FWS-R4-ES-2014-0057; tice and Procedure; Civil Money Penalty In- Government Reform. 4500030113] (RIN: 1018-AZ92) received Feb- flation Adjustment (RIN: 2590-AA77) received 4434. A letter from the Chairman, Council ruary 18, 2016, pursuant to 5 U.S.C. February 19, 2016, pursuant to 5 U.S.C. of the District of Columbia, transmitting 801(a)(1)(A); Added by Public Law 104-121, 801(a)(1)(A); Added by Public Law 104-121, D.C. Act 21-316, ‘‘LGBTQ Cultural Com- Sec. 251; (110 Stat. 868); to the Committee on Sec. 251; (110 Stat. 868); to the Committee on petency Continuing Education Amendment Natural Resources. Financial Services. Act of 2016’’, pursuant to Public Law 93-198, 4444. A letter from the Acting Unified List- 4426. A letter from the Director, Regu- Sec. 602(c)(1); (87 Stat. 814); to the Committee ing Chief, U.S. Fish and Wildlife Service, De- latory Management Division, Environmental on Oversight and Government Reform. partment of the Interior, transmitting the Protection Agency, transmitting the Agen- 4435. A letter from the Chairman, Council Department’s final rule — Endangered and cy’s final rule — Air Plan Approval and Air of the District of Columbia, transmitting Threatened Wildlife and Plants; 4(d) Rule for Quality Designation; GA; Redesignation of D.C. Act 21-319, ‘‘Marijuana Possession De- the Northern Long-Eared Bat [Docket No.: the Atlanta, GA, 1997 Annual PM2.5 Non- criminalization Clarification Temporary FWS-R5-ES-2011-0024; 4500030113] (RIN: 1018- attainment Area to Attainment [EPA-R04- Amendment Act of 2016’’, pursuant to Public AY98) received February 18, 2016, pursuant to OAR-2013-0084; FRL-9942-61-Region 4] re- Law 93-198, Sec. 602(c)(1); (87 Stat. 814); to the 5 U.S.C. 801(a)(1)(A); Added by Public Law ceived February 22, 2016, pursuant to 5 U.S.C. Committee on Oversight and Government 104-121, Sec. 251; (110 Stat. 868); to the Com- 801(a)(1)(A); Added by Public Law 104-121, Reform. mittee on Natural Resources. Sec. 251; (110 Stat. 868); to the Committee on 4436. A letter from the Chairman, Council 4445. A letter from the Chief, Branch of Re- Energy and Commerce. of the District of Columbia, transmitting covery and State Grants, U.S. Fish and Wild- 4427. A letter from the Director, Regu- D.C. Act 21-315, ‘‘Tip’s Way Designation Act life Service, Department of the Interior, latory Management Division, Environmental of 2016’’, pursuant to Public Law 93-198, Sec. transmitting the Department’s final rule — Protection Agency, transmitting the Agen- 602(c)(1); (87 Stat. 814); to the Committee on Endangered and Threatened Wildlife and cy’s direct final rule — Approval and Pro- Oversight and Government Reform. Plants; Reclassifying Hesperocyparis mulgation of Air Quality Implementation 4437. A letter from the Chairman, Council abramsiana (=Cupressus abramsiana) as Plans; State of Missouri; Emissions Inven- of the District of Columbia, transmitting Threatened [Docket No.: FWS-R8-ES-2013- tory and Emissions Statement for the Mis- D.C. Act 21-320, ‘‘Certificate of Good Stand- 0092; 4500030113] (RIN: 1018-AY77) received souri Portion of the St. Louis MO-IL Ozone ing Filing Requirement Temporary Amend- February 18, 2016, pursuant to 5 U.S.C.

VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A24FE7.025 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 24, 2016 CONGRESSIONAL RECORD — HOUSE H891 801(a)(1)(A); Added by Public Law 104-121, Designating Critical Habitat; Implementing REPORTS OF COMMITTEES ON Sec. 251; (110 Stat. 868); to the Committee on Changes to the Regulations for Designating PUBLIC BILLS AND RESOLUTIONS Natural Resources. Critical Habitat [Docket No.: FWS-HQ-ES- 4446. A letter from the Director, Office of 2012-0096] [Docket No.: 120106025-5640-03] Under clause 2 of rule XIII, reports of Sustainable Fisheries, NMFS, National Oce- [4500030114] (RIN: 1018-AX86) (RIN: 0648-BB79) committees were delivered to the Clerk anic and Atmospheric Administration, trans- received February 18, 2016, pursuant to 5 for printing and reference to the proper mitting the Administration’s temporary rule U.S.C. 801(a)(1)(A); Added by Public Law 104- calendar, as follows: — Fisheries of the Exclusive Economic Zone 121, Sec. 251; (110 Stat. 868); to the Committee Mr. BISHOP of Utah: Committee on Nat- Off Alaska; Inseason Adjustment to the 2016 on Natural Resources. ural Resources. H.R. 3004. A bill to amend Bering Sea and Aleutian Islands Pollock, the Gullah/Geechee Cultural Heritage Act to Atka Mackerel, and Pacific Cod Total Allow- 4453. A letter from the Senior Counsel for extend the authorization for the Gullah/ able Catch Amounts [Docket No.: 141021887- Regulatory Affairs, Office of the Fiscal As- Geechee Cultural Heritage Corridor Commis- 5172-02] (RIN: 0648-XE367) received February sistant Secretary, Department of the Treas- sion (Rept. 114–430). Referred to the Com- 23, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); ury, transmitting the Department’s final mittee of the Whole House on the state of Added by Public Law 104-121, Sec. 251; (110 rule — Department of the Treasury Regula- the Union. Stat. 868); to the Committee on Natural Re- tions for the Gulf Coast Restoration Trust Mr. BISHOP of Utah: Committee on Nat- sources. Fund (RIN: 1505-AC44) received February 19, 4447. A letter from the Acting Director, Of- 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Added ural Resources. H.R. 2880. A bill to redesig- fice of Sustainable Fisheries, NMFS, Na- by Public Law 104-121, Sec. 251; (110 Stat. nate the Martin Luther King, Junior, Na- tional Oceanic and Atmospheric Administra- 868); to the Committee on Transportation tional Historic Site in the State of Georgia, tion, transmitting the Administration’s tem- and Infrastructure. and for other purposes; with an amendment (Rept. 114–431). Referred to the Committee of porary rule — Fisheries of the Exclusive Eco- 4454. A letter from the Senior Counsel for nomic Zone Off Alaska; Pacific Cod by Pot the Whole House on the state of the Union. Regulatory Affairs, Office of the Fiscal As- Mr. BISHOP of Utah: Committee on Nat- Catcher/Processors in the Bering Sea and sistant Secretary, Department of the Treas- Aleutian Islands Management Area [Docket ural Resources. H.R. 812. A bill to provide for ury, transmitting the Department’s Major Indian trust asset management reform, and No.: 141021887-5172-02] (RIN: 0648-XE418) re- final rule — Department of the Treasury ceived February 23, 2016, pursuant to 5 U.S.C. for other purposes; with an amendment Regulations for the Gulf Coast Restoration (Rept. 114–432). Referred to the Committee of 801(a)(1)(A); Added by Public Law 104-121, Trust Fund (RIN: 1505-AC44) received Feb- Sec. 251; (110 Stat. 868); to the Committee on the Whole House on the state of the Union. ruary 19, 2016, pursuant to 5 U.S.C. Mr. BISHOP of Utah: Committee on Nat- Natural Resources. 801(a)(1)(A); Added by Public Law 104-121, 4448. A letter from the Deputy Assistant ural Resources. H.R. 1475. A bill to reauthor- Sec. 251; (110 Stat. 868); to the Committee on Administrator for Regulatory Programs, ize a Wall of Remembrance as part of the Ko- Transportation and Infrastructure. NMFS, Office of Sustainable Fisheries, Na- rean War Veterans Memorial and to allow tional Oceanic and Atmospheric Administra- 4455. A letter from the Chief, Publications certain private contributions to fund that tion, transmitting the Administration’s final and Regulations Branch, Internal Revenue Wall of Remembrance; with an amendment rule — Pacific Island Pelagic Fisheries; Ex- Service, transmitting the Service’s IRB only (Rept. 114–433). Referred to the Committee of emption for Large U.S. Longline Vessels To rule — Transition Relief for Certain Section the Whole House on the state of the Union. Fish in Portions of the American Samoa 529 Qualified Tuition Programs Required to Mr. BISHOP of Utah: Committee on Nat- Large Vessel Prohibited Area [Docket No.: File Form 1099-Q, Payments From Qualified ural Resources. H.R. 3371. A bill to adjust the 150625552-6043-02] (RIN: 0648-BF22) received Education Programs (Under Sections 529 and boundary of the Kennesaw Mountain Na- February 18, 2016, pursuant to 5 U.S.C. 530) [Notice 2016-13] received February 18, tional Battlefield Park to include the Wallis 801(a)(1)(A); Added by Public Law 104-121, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Added House and Harriston Hill, and for other pur- Sec. 251; (110 Stat. 868); to the Committee on by Public Law 104-121, Sec. 251; (110 Stat. poses (Rept. 114–434). Referred to the Com- Natural Resources. 868); ; to the Committee on Ways and Means. mittee of the Whole House on the state of 4449. A letter from the Acting Director, Of- the Union. 4456. A letter from the Chief, Publications fice of Sustainable Fisheries, NMFS, Na- Mr. BISHOP of Utah: Committee on Nat- and Regulations Branch, Internal Revenue tional Oceanic and Atmospheric Administra- ural Resources. H.R. 3620. A bill to amend Service, transmitting the Service’s IRB only tion, transmitting the Administration’s tem- the Delaware Water Gap National Recreation rule — 2016 Cost-of-Living Adjustments for porary rule — Fisheries of the Exclusive Eco- Area Improvement Act to provide access to certain items resulting from the Protecting nomic Zone Off Alaska; Pollock in Statis- certain vehicles serving residents of munici- Americans from Tax Hikes Act of 2015 (Rev. tical Area 610 in the Gulf of Alaska [Docket palities adjacent to the Delaware Water Gap Proc. 2016-14) received February 18, 2016, pur- No.: 140918791-4999-02] (RIN: 0648-XE420) re- National Recreation Area, and for other pur- suant to 5 U.S.C. 801(a)(1)(A); Added by Pub- ceived February 18, 2016, pursuant to 5 U.S.C. poses (Rept. 114–435). Referred to the Com- lic Law 104-121, Sec. 251; (110 Stat. 868); to the 801(a)(1)(A); Added by Public Law 104-121, mittee of the Whole House on the state of Committee on Ways and Means. Sec. 251; (110 Stat. 868); to the Committee on the Union. Natural Resources. 4457. A letter from the Chief, Publications f 4450. A letter from the Acting Director, Of- and Regulations Branch, Internal Revenue fice of Sustainable Fisheries, NMFS, Na- Service, transmitting the Service’s IRB only PUBLIC BILLS AND RESOLUTIONS tional Oceanic and Atmospheric Administra- rule — Maximum Vehicle Values for 2016 for Under clause 2 of rule XII, public tion, transmitting the Administration’s tem- Use With Vehicle Cents-Per-Mile and Fleet- bills and resolutions of the following porary rule — Fisheries of the Exclusive Eco- Average Valuation Rules [Notice 2016-12] re- titles were introduced and severally re- nomic Zone Off Alaska; Directed Fishing ceived February 18, 2016, pursuant to 5 U.S.C. With Trawl Gear by Fisheries Act Catcher 801(a)(1)(A); Added by Public Law 104-121, ferred, as follows: Processors in Bycatch Limitation Zone 1 of Sec. 251; (110 Stat. 868); to the Committee on By Mr. WALDEN: the Bering Sea and Aleutian Islands Manage- Ways and Means. H.R. 4596. A bill to ensure that small busi- ness providers of broadband Internet access ment Area [Docket No.: 141021887-5172-02] 4458. A letter from the Chief, Publications (RIN: 0648-XE429) received February 18, 2016, service can devote resources to broadband and Regulations Branch, Internal Revenue deployment rather than compliance with pursuant to 5 U.S.C. 801(a)(1)(A); Added by Service, transmitting the Service’s IRB only Public Law 104-121, Sec. 251; (110 Stat. 868); to cumbersome regulatory requirements; to the rule — Credit for Indian Coal Production and Committee on Energy and Commerce. the Committee on Natural Resources. Inflation Adjustment Factor for Calendar 4451. A letter from the Chief, Branch of Re- By Mr. BROOKS of Alabama: Year 2015 [Notice 2016-11] received February covery and State Grants, U.S. Fish and Wild- H.R. 4597. A bill to provide resources and 18, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); life Service, Department of the Interior, incentives for the enforcement of immigra- Added by Public Law 104-121, Sec. 251; (110 transmitting the Department’s direct final tion laws in the interior of the United States Stat. 868); to the Committee on Ways and rule — Endangered and Threatened Wildlife; and for other purposes; to the Committee on Means. Technical Corrections for Eight Wildlife Spe- the Judiciary. cies on the List of Endangered and Threat- 4459. A letter from the Chief, Publications By Mr. BROOKS of Alabama: ened Wildlife [Docket No.: FWS-R1-ES-2016- and Regulations Branch, Internal Revenue H.R. 4598. A bill to amend the Immigration 0006; FXES11130900000C6-167-FF09E42000] Service, transmitting the Service’s IRB only and Nationality Act to improve the H-1B (RIN: 1018-BB28) received February 18, 2016, rule — Timing of Submitting Preexisting Ac- visa program, to repeal the diversity visa pursuant to 5 U.S.C. 801(a)(1)(A); Added by counts and Periodic Certifications; Report- lottery program, and for other purposes; to Public Law 104-121, Sec. 251; (110 Stat. 868); to ing of Accounts of Nonparticipating FFIs; the Committee on the Judiciary, and in addi- the Committee on Natural Resources. Reliance on Electronically Furnished Forms tion to the Committee on Education and the 4452. A letter from the Acting Unified List- W-8 and W-9 [Notice 2016-08] received Feb- Workforce, for a period to be subsequently ing Team Manager, U.S. Fish and Wildlife ruary 18, 2016, pursuant to 5 U.S.C. determined by the Speaker, in each case for Service, Department of the Interior, trans- 801(a)(1)(A); Added by Public Law 104-121, consideration of such provisions as fall with- mitting the Department’s final rule — List- Sec. 251; (110 Stat. 868); to the Committee on in the jurisdiction of the committee con- ing Endangered and Threatened Species and Ways and Means. cerned.

VerDate Sep 11 2014 05:27 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\L24FE7.000 H24FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H892 CONGRESSIONAL RECORD — HOUSE February 24, 2016 By Ms. CLARK of Massachusetts (for 615 6th Avenue SE in Cedar Rapids, Iowa as Article I, Section 8 of the United States herself and Mr. STIVERS): the ‘‘Sgt. 1st Class Terryl L. Pasker Post Of- Constitution. H.R. 4599. A bill to amend the Controlled fice Building‘‘; to the Committee on Over- By Mr. BROOKS of Alabama: Substances Act to permit certain partial fill- sight and Government Reform. H.R. 4598. ings of prescriptions; to the Committee on By Mr. DEUTCH (for himself, Mr. Congress has the power to enact this legis- Energy and Commerce. CHABOT, and Mr. CONYERS): lation pursuant to the following: By Mr. THOMPSON of California (for H.R. 4606. A bill to require the Governor of Article I, Section 8 of the United States himself, Ms. ROS-LEHTINEN, Mr. a State to submit to the Attorney General Constitution. VELA, and Mr. FARR): an annual report on the number of individ- By Ms. CLARK of Massachusetts: H.R. 4600. A bill to amend the Immigration uals who represented themselves in court in H.R. 4599. and Nationality Act to protect the well- criminal matters or juvenile delinquency Congress has the power to enact this legis- being of soldiers and their families, and for matters, and for other purposes; to the Com- lation pursuant to the following: other purposes; to the Committee on the Ju- mittee on the Judiciary. Article 1, Section 8 diciary. By Mr. HUFFMAN (for himself and Mr. By Mr. THOMPSON of California: By Mr. GOSAR (for himself and Mrs. DENHAM): H.R. 4600. KIRKPATRICK): H.R. 4607. A bill to amend the Estuary Res- Congress has the power to enact this legis- H.R. 4601. A bill to transfer the rever- toration Act of 2000 to modify requirements lation pursuant to the following: sionary interest of the United States be- that apply to projects carried out under the Article I, Section 8, Clause 4 tween certain land in Flagstaff, Arizona, and estuary habitat restoration program estab- By Mr. GOSAR: for other purposes; to the Committee on Nat- lished by the Secretary of the Army, and for H.R. 4601. Congress has the power to enact this legis- ural Resources. other purposes; to the Committee on Trans- lation pursuant to the following: By Mr. POE of Texas (for himself and portation and Infrastructure, and in addition Article IV, Section 3, Clause 2 (the Prop- Mr. COSTA): to the Committee on Natural Resources, for erty Clause). Under this clause, Congress has H.R. 4602. A bill to protect crime victims’ a period to be subsequently determined by the power to dispose of and make all needful rights, to eliminate the substantial backlog the Speaker, in each case for consideration rules and regulations respecting the terri- of DNA and other forensic evidence samples of such provisions as fall within the jurisdic- tory or other property belonging to the to improve and expand the forensic science tion of the committee concerned. United States. By virtue of this enumerated testing capacity of Federal, State, and local By Mr. ISRAEL: power, Congress has governing authority crime laboratories, to increase research and H.R. 4608. A bill to amend the Internal Rev- over the lands, territories, or other property development of new testing technologies, to enue Code of 1986 to establish small business of the United States- and with this authority develop new training programs regarding the savings accounts; to the Committee on Ways Congress is vested with the power to all own- collection and use of forensic evidence, to and Means. ers in fee, the ability to sell, lease, dispose, provide post-conviction testing of DNA evi- By Mr. KILMER (for himself and Mr. exchange, convey, or simply preserve land. dence to exonerate the innocent, to support COLLINS of Georgia): accreditation efforts of forensic science lab- H.R. 4609. A bill to amend the Immigration The Supreme Court has described this enu- oratories and medical examiner offices, to and Nationality Act to modify the provisions merated grant as one ‘‘without limitation’’ address training and equipment needs, to im- governing employment of nonimmigrants Kleppe v New Mexico, 426 U.S. 529, 542–543 prove the performance of counsel in State under section 101(a)(15)(H)(i)(b) of that Act to (1976) (‘‘And while the furthest reaches of the capital cases, and for other purposes; to the prevent the transfer of knowledge from power granted by the Property Clause have Committee on the Judiciary, and in addition United States workers for the purpose of fa- not been definitely resolved, we have repeat- to the Committee on Financial Services, for cilitating their jobs being moved abroad; to edly observed that the power over the public a period to be subsequently determined by the Committee on the Judiciary. land thus entrusted to Congress is without the Speaker, in each case for consideration By Mr. KNIGHT: limitation.’’) of such provisions as fall within the jurisdic- H.R. 4610. A bill to amend the Reclamation Historically, the federal government trans- tion of the committee concerned. Wastewater and Groundwater Study and Fa- ferred ownership of federal property to either By Mr. CICILLINE (for himself, Mr. cilities Act to authorize the Secretary of the private ownership or the states in order to CONYERS, Mr. GUTIE´ RREZ, Ms. JACK- Interior to participate in a series of water pay off large Revolutionary War debts and to SON LEE, Mr. NADLER, Ms. KELLY of reclamation projects to provide a new water assist with the development of infrastruc- Illinois, Mr. VAN HOLLEN, Mr. supply to communities previously impacted ture. The transfer of reversionary interest by JEFFRIES, Mr. JOHNSON of Georgia, by perchlorate contamination plumes; to the this legislation is thus constitutional and Mrs. CAROLYN B. MALONEY of New Committee on Natural Resources. necessary to ensure private property owners York, Mr. DEUTCH, Mr. HONDA, Mr. By Mr. TED LIEU of California (for are able to utilize and control their private HASTINGS, Mr. MEEKS, Mr. GRAYSON, himself, Mrs. WATSON COLEMAN, Mrs. property. Ms. LEE, Ms. LOFGREN, Mr. ENGEL, LAWRENCE, and Mr. GALLEGO): By Mr. POE of Texas: H.R. 4602. Mr. LOWENTHAL, Mr. CROWLEY, Mr. H.R. 4611. A bill to discourage the use of Congress has the power to enact this legis- TAKANO, Mr. SEAN PATRICK MALONEY payment of money as a condition of pretrial lation pursuant to the following: of New York, Mr. RANGEL, and Ms. release in criminal cases, and for other pur- Article I, Section 8 JUDY CHU of California): poses; to the Committee on the Judiciary. By Mr. CICILLINE: H.R. 4603. A bill to prevent a person who By Mr. VAN HOLLEN: H.R. 4603. has been convicted of a misdemeanor hate H. Res. 624. A resolution directing the Congress has the power to enact this legis- crime, or received an enhanced sentence for Committee on the Budget to hold a public hearing on the President’s fiscal year 2017 lation pursuant to the following: a misdemeanor because of hate or bias in its Article I, Section 8 budget request with the Director of the Of- commission, from obtaining a firearm; to the By Mr. GENE GREEN of Texas: fice of Management and Budget as a witness; Committee on the Judiciary. H.R. 4604. to the Committee on Rules. By Mr. GENE GREEN of Texas (for Congress has the power to enact this legis- himself, Mr. MCKINLEY, Mr. TAKANO, f lation pursuant to the following: and Mr. GIBSON): CONSTITUTIONAL AUTHORITY Article I, Section 8, Clause 3 (‘‘the Com- H.R. 4604. A bill to require the Secretary of merce Clause’’) of the United States Con- Labor to maintain a publicly available list of STATEMENT stitution all employers that relocate a call center Pursuant to clause 7 of rule XII of By Mr. BLUM: overseas, to make such companies ineligible the Rules of the House of Representa- H.R. 4605. for Federal grants or guaranteed loans, and Congress has the power to enact this legis- to require disclosure of the physical location tives, the following statements are sub- mitted regarding the specific powers lation pursuant to the following: of business agents engaging in customer Article 1, Section 8, Clause 7 of the Con- service communications, and for other pur- granted to Congress in the Constitu- stitution of the United States poses; to the Committee on Energy and Com- tion to enact the accompanying bill or By Mr. DEUTCH: merce, and in addition to the Committees on joint resolution. H.R. 4606. Armed Services, Oversight and Government By Mr. WALDEN: Congress has the power to enact this legis- Reform, and Education and the Workforce, H.R. 4596. lation pursuant to the following: for a period to be subsequently determined Congress has the power to enact this legis- Clause 1 of Section 8 of Article I of the U.S. by the Speaker, in each case for consider- lation pursuant to the following: Constitution and Clause 18 of Section 8 of ation of such provisions as fall within the ju- This bill is enacted pursuant to the power Article I of the U.S. Constitution. risdiction of the committee concerned. granted to Congress under Article I, Section By Mr. HUFFMAN: By Mr. BLUM (for himself, Mr. 8, Clause 3 of the United States Constitution. H.R. 4607. LOEBSACK, Mr. YOUNG of Iowa, and By Mr. BROOKS of Alabama: Congress has the power to enact this legis- Mr. KING of Iowa): H.R. 4597. lation pursuant to the following: H.R. 4605. A bill to designate the facility of Congress has the power to enact this legis- The Congress shall have power to dispose the United States Postal Service located at lation pursuant to the following: of and make all needful rules and regulations

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respecting the territory or other property H.R. 1188: Mrs. BEATTY. BERGER, Mr. RUSH, Mr. SCHIFF, and Ms. belonging to the United States; and nothing H.R. 1192: Ms. KAPTUR. SINEMA. in this Constitution shall be so construed as H.R. 1197: Mr. NORCROSS, Mr. KNIGHT, and H.R. 4006: Mr. WALKER. to prejudice any claims of the United States, Mr. ASHFORD. H.R. 4007: Mr. MCCLINTOCK. or of any particular state. [Article 4, Section H.R. 1301: Mr. BOUSTANY. H.R. 4087: Mr. HILL. 3, Clause 2 of the United States Constitution] H.R. 1309: Mr. RENACCI. H.R. 4133: Mr. CARTER of Georgia. By Mr. ISRAEL: H.R. 1336: Mr. KINZINGER of Illinois. H.R. 4200: Mr. KLINE. H.R. 4608. H.R. 1453: Mr. STIVERS, and Mrs. MCMORRIS H.R. 4262: Mrs. COMSTOCK, Mr. BISHOP of Congress has the power to enact this legis- RODGERS. Michigan, and Mr. GROTHMAN. lation pursuant to the following: H.R. 1459: Mr. PASCRELL and Ms. FUDGE. H.R. 4277: Mrs. BEATTY and Mr. PETERSon. This bill is enacted pursuant to the powers H.R. 1588: Mrs. ELLMERS of North Carolina. H.R. 4352: Ms. KUSTER, Mrs. WATSON COLE- granted to the Congress by Article I, Section H.R. 1942: Mr. RYAN of Ohio. MAN, Mr. BRENDAN F. BOYLE of Pennsylvania, 8, Clauses 1 of the United States Constitu- H.R. 1945: Ms. LEE and Mr. BLUMENAUER. Mr. CAPUANO, Mr. CROWLEY, Mr. BRADY of tion. H.R. 1948: Ms. LORETTA SANCHEZ of Cali- Pennsylvania, Mr. NORCROSS, Mr. PAYNE, Mr. By Mr. KILMER: fornia. RYAN of Ohio, Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 4609. H.R. 2058: Mr. JOHNSON of Ohio and Mr. fornia, and Mr. SIRES. Congress has the power to enact this legis- OUSTANY B . H.R. 4442: Mr. CARTER of Georgia. lation pursuant to the following: H.R. 2059: Ms. MCCOLLUM and Mr. GIBSON. H.R. 4447: Mr. HIMES, Ms. TSONGAS, Mr. Article 1, Section 8 of the United States H.R. 2083: Ms. MOORE. HIGGINS, and Mr. NORCROSS. Constitution. H.R. 2093: Mr. POSEY. H.R. 4461: Mr. HENSARLING. By Mr. KNIGHT: H.R. 2167: Mr. MOULTON. H.R. 4462: Mr. SEAN PATRICK MALONEY of H.R. 4610. H.R. 2260: Ms. WILSON of Florida. New York and Mr. RANGEL. Congress has the power to enact this legis- H.R. 2698: Mr. FRANKS of Arizona and Mr. H.R. 4469: Mr. KLINE. lation pursuant to the following: HARDY. H.R. 4490: Mr. KINZINGER of Illinois. Clauses 1, 3, and 18 of section 8 and clause H.R. 2713: Ms. MOORE. H.R. 4514: Mr. ROSKAM and Mrs. LOWEY. 7 of section 9 of article I, of the Constitution H.R. 2737: Ms. LOFGREN, Mr. LEWIS, Mr. H.R. 4521: Mr. BEYER. of the United States. VELA, Ms. KAPTUR, and Ms. KELLY of Illinois. H.R. 4522: Mr. LAMBORN. By Mr. TED LIEU of California: H.R. 2759: Mrs. BEATTY. H.R. 4523: Mr. CHAFFETZ. H.R. 4611. H.R. 2844: Ms. JACKSON LEE and Mr. HIG- H.R. 4540: Mr. BROOKS of Alabama, Mr. Congress has the power to enact this legis- GINS. CRAMER, and Mr. HARRIS. lation pursuant to the following: H.R. 2858: Ms. CASTOR of Florida. ´ Article 1, Section 8 of the Constitution of H.R. 2903: Mr. ROYCE. H.R. 4542: Mr. GUTIERREZ, Mr. JOHNSON of the United States. H.R. 2908: Mr. WALZ. Georgia, and Mr. HASTINGS. f H.R. 2939: Ms. KELLY of Illinois, Mr. H.R. 4549: Mr. CHAFFETZ. QUIGLEY, and Ms. JACKSON LEE. H.R. 4553: Mr. MCKINLEY. ADDITIONAL SPONSORS H.R. 2948: Mr. SWALWELL of California. H.R. 4561: Ms. PLASKETT. Under clause 7 of rule XII, sponsors H.R. 3012: Mr. SCHWEIKERT and Mr. PALM- H.R. 4562: Ms. PLASKETT. were added to public bills and resolu- ER. H.R. 4563: Ms. PLASKETT. H.J. Res. 55: Mr. CARTER of Georgia. tions, as follows: H.R. 3048: Mr. REED, Mr. WEBER of Texas, and Mr. WESTERMAN. H. Con. Res. 19: Mr. SMITH of New Jersey. H.R. 188: Ms. ROYBAL-ALLARD, Mr. H.R. 3088: Mr. COSTELLO of Pennsylvania. H. Con. Res. 89: Mr. DUNCAN of Tennessee LOWENTHAL, Mr. CONYERS, and Mr. YARMUTH. H.R. 3099: Mr. MEEHAN and Mr. KILMER. and Mr. MCCLINTOCK. H.R. 192: Mrs. ELLMERS of North Carolina. H.R. 3135: Mr. DENT. H. Res. 207: Mr. JOYCE and Mr. SWALWELL H.R. 303: Mr. GIBSON. H.R. 3190: Mr. CUMMINGS. of California. H.R. 448: Mr. KENNEDY. H.R. 3323: Mr. CRAMER. H. Res. 541: Mr. SWALWELL of California. H.R. 472: Mr. SIRES, Mr. GIBSON, and Mr. H.R. 3481: Mr. ELLISON. H. Res. 551: Mr. FLORES, Mr. SMITH of New GRIFFITH. H.R. 3502: Ms. NORTON. Jersey, Mr. MCCLINTOCK, Ms. VELA´ ZQUEZ, Mr. H.R. 546: Mr. MEEHAN. H.R. 3515: Mr. STEWART, Mr. MURPHY of GOSAR, and Mr. MICA. H.R. 662: Mr. MARINO. Pennsylvania, Mr. JONES, Mr. JOHNSON of H. Res. 600: Ms. KUSTER. H.R. 664: Mr. COHEN, Ms. EDWARDS, Mr. Ohio, Mr. FARENTHOLD, Mrs. WAGNER, and H. Res. 610: Mr. THOMPSON of Mississippi. GALLEGO, and Mr. TED LIEU of California. Mr. JODY B. HICE of Georgia. H. Res. 615: Mr. DUNCAN of South Carolina, H.R. 726: Mr. TED LIEU of California. H.R. 759: Mr. SENSENBRENNER. H.R. 3520: Mr. CARTER of Georgia. Mr. KELLY of Mississippi, Mr. BOUSTANY, Mr. H.R. 781: Ms. MATSUI. H.R. 3521: Ms. CASTOR of Florida. PALAZZO, and Mr. FRANKS of Arizona. H.R. 816: Mr. HOLDING. H.R. 3556: Mr. CONNOLLY. H. Res. 623: Mr. KENNEDY and Mr. H.R. 842: Ms. CASTOR of Florida. H.R. 3713: Ms. FUDGE. SWALWELL of California. H.R. 885: Mrs. DAVIS of California and Mr. H.R. 3722: Mr. LANCE. SEAN PATRICK MALONEY of New York. H.R. 3723: Ms. SCHAKOWSKY. f H.R. 953: Mr. CUMMINGS, Mrs. BUSTOS, Mr. H.R. 3779: Mrs. COMSTOCK. BARR, Mr. KILMER, Mr. BUCHANAN, and Ms. H.R. 3808: Mr. TURNER. ESTY. H.R. 3846: Mr. CHABOT. DELETIONS OF SPONSORS FROM H.R. 969: Mr. BECERRA and Mr. DOGGETT. H.R. 3852: Ms. SLAUGHTER. PUBLIC BILLS AND RESOLUTIONS H.R. 986: Mr. DENHAM. H.R. 3952: Mr. ELLISON and Ms. HAHN. Under clause 7 of rule XII, sponsors H.R. 1117: Mr. MCNERNEY. H.R. 3956: Mr. SHIMKUS. H.R. 1174: Mr. JEFFRIES, Mr. LAMBORN, Ms. H.R. 3970: Mr. BEYER, Mr. DEUTCH, Mrs. were deleted from public bills and reso- EDDIE BERNICE JOHNSON of Texas, Ms. DINGELL, Ms. EDWARDS, Mr. HIMES, Mrs. lutions, as follows: ADAMS, and Mr. CLAY. KIRKPATRICK, Ms. PINGREE, Mr. RUPPERS- H. Res. 571: Mr. Chabot.

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Vol. 162 WASHINGTON, WEDNESDAY, FEBRUARY 24, 2016 No. 29 Senate The Senate met at 9:30 a.m. and was research project than anything. It does to have to comply with the legal re- called to order by the President pro call on Congress, however, to act. It strictions.’’ tempore (Mr. HATCH). turns out we already have. Congress Breaking the law as a way to sup- f has repeatedly, over and over again, posedly uphold the rule of law is just as voted to enact clear, bipartisan prohi- absurd as it sounds. It is time that the PRAYER bitions on the very thing the President President finally ruled that option out The Chaplain, Dr. Barry C. Black, of- is again calling for, and that is the categorically, and then he should fi- fered the following prayer: transfer of Guantanamo Bay terrorists nally move on from a years-old cam- Let us pray. into our local communities. We have paign promise and focus on the real O God, we would rest in You, for You enacted bipartisan prohibitions in Con- problem that needs solving today. alone can bring order to our world. gresses with split party control. We My own hope is that the Commander Reveal Yourself to our Senators, have enacted bipartisan prohibitions in in Chief will not put his own chain of guiding them on the path of peace. May Congresses with massive, over- command in the position of having to they place behind them disappointed whelming Democratic majorities. Just carry out an unlawful direct order. hopes, fruitless labor, and trivial aims a couple of months ago, Members of But, look, closing Guantanamo and as they lean on You for comfort and Congress in both parties expressed transferring terrorists to the United strength. Rebuke their doubts. themselves clearly one more time—not States didn’t make sense in 2008, and it Strengthen the good in them so that once, but twice, and on an over- makes even less sense today. We are a nothing may hinder the outflow of whelming bipartisan basis. President nation at war. The administration’s ef- Your power in their lives. Obama signed these bipartisan prohibi- forts to contain ISIL thus far have not Give might to the weak and renew tions into law as well. So let’s not pre- succeeded. The next President may the strength of the strong. tend there is even the faintest of pre- very well want to pursue operations We pray in Your Holy Name. Amen. tenses for some pen-and-phone gambit that target, capture, detain, and inter- f here. rogate terrorists because that is how Congress has acted clearly, repeat- terrorist networks are defeated. Why PLEDGE OF ALLEGIANCE edly, and on a bipartisan basis. The would we take that option away from The President pro tempore led the President now has the duty to follow the next Commander in Chief now? Pledge of Allegiance, as follows: the laws he himself signed. It shouldn’t Let’s be clear: The two options on I pledge allegiance to the Flag of the be that hard when you consider his ad- the table are not keeping Guantanamo United States of America, and to the Repub- monition yesterday about ‘‘upholding open or closing it, but keeping Guanta- lic for which it stands, one nation under God, the highest standards of rule of law.’’ namo terrorists at Guantanamo or indivisible, with liberty and justice for all. He said: ‘‘As Americans, we pride our- moving them to some Guantanamo f selves on being a beacon to other na- North based in a U.S. community. tions, a model of the rule of law.’’ That RECOGNITION OF THE MAJORITY Changing the detention center’s ZIP is interesting in light of a recent GAO LEADER Code is not a solution. It is not even se- ruling that the administration’s de- rious. The PRESIDENT pro tempore. The tainee swap of Taliban prisoners for The fact that the President missed a majority leader is recognized. Bowe Bergdahl violated the law. It is deadline for submitting a plan to de- GUANTANAMO DETAINEES especially interesting in light of the feat ISIL last week—presumably be- Mr. MCCONNELL. Mr. President, President’s continuing refusal to rule cause he was just too busy working on President Obama has left the American out breaking the law if he doesn’t get his ancient campaign promise—is com- people to wait for many years for a se- his way on Guantanamo. President pletely unacceptable. rious plan—one that poses no addi- Obama’s own Attorney General says he Some of the most senior national se- tional risk to our Nation or our Armed cannot unilaterally do that. It is clear. curity officials within President Forces, for instance—in pursuit of his President Obama’s own Defense Sec- Obama’s own administration are al- desire to close a secure detention facil- retary says he cannot unilaterally do ready working to better position the ity at Guantanamo Bay. Americans that. President Obama’s own top mili- next President for the national secu- have been waiting for 7 long years to tary officer says he cannot unilaterally rity challenges we will face in 2017. It find out what the serious plan might do that. In the words of one of our is time President Obama finally joined look like. They are still waiting today. Democratic colleagues, ‘‘He’s going to them and us in the serious work of What the President sent to Congress have to comply with the legal restric- keeping Americans safe in a dangerous yesterday isn’t a plan. It is more of a tions.’’ It is as simple as that—‘‘going world.

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

S967

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VerDate Sep 11 2014 00:26 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.000 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S968 CONGRESSIONAL RECORD — SENATE February 24, 2016 ORDER OF BUSINESS In abdicating this responsibility, judicial nominations. That was the Mr. MCCONNELL. Mr. President, we which the Senate has always upheld— fewest judicial nominations confirmed are going to move the confirmation never in the history of the country has ever. We were a much smaller country, vote back closer to noon in order to ac- a Senate simply refused to do any- perhaps, so ‘‘ever’’ might be a little commodate some important hearings thing, even meet with the person who much, but certainly in the last 50 or 75 that are going on this morning in sev- has been nominated. So Republicans years. That is quite a comparison: eral of our committees. are setting a dangerous precedent for BIDEN, 64; GRASSLEY, 11. future nominations, not only for the It gets even worse than that for my f Supreme Court but for the Senate friend from Iowa. In the entire 102nd RECOGNITION OF THE MINORITY itself as an institution. Congress, when JOE BIDEN was chair, LEADER Yesterday the Senate Historian’s of- the Senate confirmed 120 nominees—120 fice reported that the denial of com- judicial nominations under BIDEN. The PRESIDING OFFICER (Mr. mittee hearings for a Supreme Court Compare that to 16 under Chairman PAUL). The Democratic leader is recog- nominee is unprecedented. If that is GRASSLEY. The difference is stunning. nized. unprecedented, how about the fact that I would encourage my friend from f he won’t even meet with the person Iowa to focus on Vice President BIDEN’s who has been nominated? If that is un- actions and results, rather than cherry FILLING THE SUPREME COURT picking remarks of 25 years ago. The VACANCY precedented, how about the fact that a Member of the Senate won’t even go to Judiciary Committee of JOE BIDEN hon- Mr. REID. Mr. President, yesterday the White House to talk to the Presi- ored its constitutional obligations by the senior Senator from Iowa, along dent about filling the Supreme Court considering and confirming—even vis- with other Republicans on the Senate seat? iting with nominees—in a timely fash- Judiciary Committee, announced that The senior Senator from Iowa will be ion, even though they were a Repub- they won’t be holding a hearing on the first Judiciary Committee chair- lican President’s nominees. I can’t say President Obama’s eventual nominee man ever to refuse to hold a hearing on the same for the committee today. No to the Supreme Court. They won’t give a Supreme Court nominee. That is one can. As chairman, JOE BIDEN did his con- the eventual nominee the common quite an achievement, but not one of stitutional duty and processed four courtesy of even a meeting—no hear- which he should be proud. That sort of nominations from Republican Presi- ings, no meeting—and this was all done wanton obstruction is not what the dents to the Supreme Court, including even before the President sent a name American people want. It is not what Justice Kennedy—that vote occurred in to us. This is historically unbelievable the people of Iowa want. Last week no and historically unprecedented. the last year of President Reagan’s fewer than six Iowa newspapers issued Presidency—Souter and Thomas. Republicans don’t know who the scathing editorials calling on Senator nominee will be, and they have already Let us focus on Thomas just a little GRASSLEY to change course and give mentioned that. Already they have de- bit. Thomas got 52 votes. He squeaked the President’s Supreme Court nomi- through the Senate. Any one Senator cided they won’t even start the con- nee the respect he or she deserves. firmation process. Why? Because the could have forced a cloture vote. Any For example, the Mason City Globe one Democrat could have done that. We person was nominated by President Gazette wrote: Obama. Remember, the Republican didn’t do that. It was never done until We were especially disappointed to see leader said many years ago that the the Republicans showed up here in the Iowa’s own Chuck Grassley join the partisan last few years. No. 1 goal he had was to make sure crowd calling for a delay. . . . There is no President Obama was not reelected. Now, Bork was a very controversial constitutional or even historical precedent person, but he received a long, long That failed miserably. The President for such flagrant, outrageous, shameful, hearing before the committee and a won by more than 5 million votes. Ev- bald-faced partisanship. erything has been done by the Repub- long debate here in the Senate. He was The Gazette in Cedar Rapids, IA, voted down. That is how this place is licans in the Senate to embarrass, ob- wrote of Senator GRASSLEY’s actions: supposed to work. Other nominees have struct, filibuster—anything that could It’s hard to conclude this is anything but been voted down. But we didn’t say we be done to focus attention on President political maneuvering meant to meet par- are not going to hold a hearing on Obama, none of which has helped the tisan objectives at the expense of the Su- Bork. We didn’t say we are not going to country. preme Court, our constitutional process and take the committee’s actions and just Senator GRASSLEY has surrendered the common good. leave it at that. Listen to this: Bork every pretense of independence and let The headline of the Des Moines Reg- was turned down in the Judiciary Com- the Republican leader annex the Judi- ister editorial reads, ‘‘Grassley’s Su- mittee by an overwhelming margin. In ciary Committee into a narrow, par- preme Court stance is all about poli- spite of that, we brought it to the Sen- tisan mission of obstruction and grid- tics.’’ ate floor and it was debated, and he lock—so partisan, in fact, that the sen- Is that the legacy the chairman won by two votes—no filibusters. He ior Senator from Iowa won’t respond to wants for Iowa and our Nation? I cer- was defeated in the committee. We a personal invitation from the Presi- tainly hope not. Does he want to be re- didn’t look for an excuse. That is the dent inviting him to the White House membered as the least productive Judi- way it used to be done. to discuss the vacancy. Think about ciary Committee chairman in history? With the Republican leadership now that. The President of the United At his current pace, he will be remem- they will not meet with the nominee, States calls a very senior Senator, and bered as the most obstructive chair- even though they do not know who it he hasn’t even responded to the Presi- man in history. will be; they won’t hold a hearing; and dent. This is a sad day for one of the Instead of studying what the Vice the chairman of the committee will proudest committees in the Senate. So President said a quarter of a century not even go to the White House and I ask, is this the legacy he wants? Is ago, perhaps Senator GRASSLEY should visit with the President. this how he wants his committee work take note of what Senator BIDEN did 25 As chairman, Senator BIDEN did his remembered—as a chairman who re- years ago or generally as a member and constitutional duty and processed fused his duty and instead allowed the chairman of that committee. nominations, even though they were Republican leader to ride roughshod In 1992, under Senator BIDEN’s leader- Republican nominations. So we don’t over the Judiciary Committee’s storied ship, the Judiciary Committee con- have to go back to 1988 or 1992 to prove history? firmed 64 circuit and district court the current Judiciary Committee The strength of committee chairmen nominations. All of the judicial nomi- chairman’s ineptness. Look at the in the U.S. Senate has been legendary. nations were made by a President of spike in judicial emergencies that have No majority leader or minority leader the opposite party—President George occurred on Chairman GRASSLEY’s could tell a chair what to do with his H.W. Bush. In 2015, Senator GRASSLEY’s watch just in the past year. committee. That was off bounds, but it first year as chairman of the Judiciary What is an emergency? It means doesn’t appear so now. Committee, the Senate confirmed 11 there are not enough judges—too many

VerDate Sep 11 2014 02:31 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.002 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S969 cases for a judge to do the work. A va- well of the Senate when they are elect- In the coming days, the President cant judgeship is automatically de- ed, takes an oath of office. That oath of will name a nominee, as the Constitu- clared an emergency, as it should be. office, required by the Constitution, is tion requires him to do. Senate Repub- When the Republicans assumed control our statement to not only the people licans should meet their responsibility of the Senate last year there were 12 we represent but to the Nation, that we under the Constitution, do their jobs, emergencies nationwide. Today, a year will uphold and defend the Constitu- and give the President’s nominee a fair later, that number has almost tripled tion of the United States. hearing and a vote. to 31. Article II, section 2 of that Constitu- Yesterday, the Republican members By nearly every metric, the Judici- tion empowers the President. Those of the Senate Judiciary Committee ary Committee under Chairman GRASS- powers include the President’s power sent a letter to the majority leader, LEY is failing dramatically, setting all to fill vacancies on the Supreme Court. and here is what they said: ‘‘This Com- records of failure in this great body. It is not permissive language. The word mittee will not hold hearings on any The committee is failing the people of ‘‘shall’’ can be found in this paragraph. Supreme Court nominee until after our Iowa and the Nation. It basically says that the President of next President is sworn in on January To the senior Senator from Iowa, I the United States shall nominate, and 20, 2017.’’ stress, I plead, don’t continue down by and with the advice and consent of Why did they take this unusual posi- this path. Reject this record-setting the Senate, shall appoint judges of the tion in defiance of the Constitution? obstruction and simply do your job as Supreme Court. They said: ‘‘The presidential election is a powerful chairman of the Judiciary For the first time in the history of well underway. Americans have al- Committee. the United States of America, Senate ready begun to cast their votes. . . . Mr. President, I see no one on the Republicans are prepared to defy this The American people are presented floor. Will the Chair announce the busi- clear statement of the U.S. Constitu- with an exceedingly rare opportunity ness of the day. tion. What an irony that filling the va- to decide, in a very real and concrete cancy on the Court by the untimely f way, the direction the Court will take death of Antonin Scalia—filling the va- over the next generation.’’ RESERVATION OF LEADER TIME cancy on the Court of a man who This argument is specious. The The PRESIDING OFFICER. Under prided himself throughout his judicial American people have already voted; the previous order, the leadership time career as being what he termed an they voted to elect our President, is reserved. ‘‘originalist,’’ sticking to the strict let- Barack Obama, and they voted to elect ter of the law, as spelled out in the f 100 Senators who currently serve in Constitution—in filling that vacancy, EXECUTIVE SESSION this body. President Obama was elected the Senate Republicans have basically to a 4-year term, and 11 months re- decided to reach a new low; in fact, to main. The American people voted for make history in a very sad way. A seat EXECUTIVE CALENDAR each of us to do our jobs for as long as on the U.S. Supreme Court lies vacant we serve in office. By a margin of 5 mil- The PRESIDING OFFICER. Under because of the death of Justice Scalia. the previous order, the Senate will re- lion votes, the American people have The President has the constitutional chosen the President. Did they elect sume executive session to consider the obligation, as I have read, to name a the President for 3 years, or 3 years and following nomination, which the clerk nominee to fill that vacancy. Senate 2 months? No. They elected a President will report. Republicans are now saying they will for 4 years, and this President’s term The legislative clerk read the nomi- not even hold a hearing on that nomi- nation of Robert McKinnon Califf, of continues until January 20, 2017. nee. The Republicans conveniently ignore South Carolina, to be Commissioner of If the President sends a name—and the obvious. The will of the American Food and Drugs, Department of Health he will—to the Senate to fill that va- people was expressed in that election, and Human Services. cancy, they have said they will not and the election of Barack Obama as Mr. REID. I suggest the absence of a hold a hearing, they will not schedule a President of the United States empow- quorum. vote, and, listen to this, yesterday Sen- ers him under the Constitution to fill The PRESIDING OFFICER. The ator MCCONNELL said: I will not even clerk will call the roll. meet with that person. this vacancy with an appointment. The legislative clerk proceeded to This is a new low. Since the Senate They didn’t vote in that election for us call the roll. Judiciary Committee started holding to sit on our hands for over a year Mr. COTTON. Mr. President, I ask hearings on Supreme Court nominees a while the Supreme Court twists in the unanimous consent that the order for century ago, the Senate of the United wind and while the Republican Sen- the quorum call be rescinded. States of America has never—never— ators pray every night that President The PRESIDING OFFICER. Without denied a hearing to a pending Supreme Donald Trump will somehow give objection, it is so ordered. Court nominee. It has never happened, America a different Supreme Court Mr. COTTON. Mr. President, I ask but that is what Senate Republicans nominee. Not a single American, inci- unanimous consent that the confirma- are saying they will do. dentally, has yet cast a vote for Presi- tion vote scheduled for 11 a.m. this This level of obstruction, of ignoring dent of the United States—not one—in morning be moved until 12 noon, with the clear language of the Constitution, the next election, despite the state- all other provisions of the previous is unprecedented, and it is dangerous. ment of the Judiciary Committee Re- order remaining in effect. This goes beyond any single vote for publicans that says otherwise. The PRESIDING OFFICER. Without any Supreme Court nominee. This is an It is February of this year. The nomi- objection, it is so ordered. abdication of the Senate’s responsi- nation conventions are scheduled for Mr. COTTON. Mr. President, I sug- bility under article II, section 2 of the late July. The modern Supreme Court gest the absence of a quorum. Constitution to provide advice and con- confirmation process has taken an av- The PRESIDING OFFICER. The sent on Supreme Court nominations, erage of 67 days. There is more than clerk will call the roll. which the President shall appoint and adequate time to hold a hearing on this The senior assistant legislative clerk shall nominate. nominee and get this done properly. All proceeded to call the roll. Senate Republicans want to keep the we need is for the Senate Republicans Mr. DURBIN. Mr. President, I ask Supreme Court seat vacant for more to do their jobs. unanimous consent that the order for than 1 year. They want this vacancy to Yesterday on the Senate floor, I the quorum call be rescinded. continue for more than 1 year. That urged my Republican colleagues not to The PRESIDING OFFICER (Mr. COT- will encompass two terms of the Su- duck a vote on the President’s nomi- TON). Without objection, it is so or- preme Court. This is demeaning to the nee. They could vote yes, they could dered. institution of the Supreme Court, and vote no, but they shouldn’t abdicate FILLING THE SUPREME COURT VACANCY unfair to millions of Americans who their constitutional responsibility for Mr. DURBIN. Mr. President, every rely on that Court to resolve important political advantage. I am amazed that Member of the Senate stands in the legal questions. my Republican colleagues now say that

VerDate Sep 11 2014 02:31 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.003 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S970 CONGRESSIONAL RECORD — SENATE February 24, 2016 not only do they want to duck that Republicans are breaking new ground cally, they are not that different from vote, but they also want to avoid even with this obstructionism. The Amer- heroin, and they can become addictive. having a hearing on the nominee. And ican people deserve better. Some patients have no problem at all they are afraid to even meet with this The bottom line is there is no excuse taking these painkillers for the proper nominee for fear that maybe they for the Senate to fail to do its job. amount of time, while other patients might think he or she is a good nomi- Once the President has named his might develop a problem and actually nee. nominee, the Senate must give that have trouble getting off the pain pills. Even more shockingly, the Repub- nominee a fair hearing and a timely As they get accustomed to the drugs, lican leader and several Republican vote. If the Constitution means any- sometimes they may seek out stronger members of the Judiciary Committee thing to my colleagues on the other and more addictive drugs to get the said yesterday they would not even side of the aisle, they understand that same pain relief. That is why doctors meet with the President’s nominee. what they are doing is unprecedented. have to be very careful about pre- One of our colleagues in the Senate It has never happened once in Amer- scribing the right medicine for each pa- last night on television was asked ican history. We are now finding the tient and each situation. They have to pointedly or directly: If the President obstructionism of Senate Republicans balance the risk of the drug with the nominates someone from your State to reaching a new low. They are ignoring reward of easing the patient’s pain. the Supreme Court vacancy, are you the clear wording of our Constitution, Not every doctor in this country has saying you wouldn’t meet with that which they have sworn to uphold and been as careful as they should be. We person? My colleague on the other side defend, and they are obstructing in a didn’t get into this difficult situation of the aisle ducked the question. This way that we have never seen before in because of a handful of doctors writing is stunning. the history of the United States. That too many prescriptions. These prescrip- Remember, the President is obligated is the reality—a reality that will not tions are being written by doctors in by article II, section 2 of the Constitu- be lost on the American people. communities all across the country. It tion to send a nominee to the Senate. Mr. President, I yield the floor. is happening in emergency rooms, with That is the process the Founding Fa- I suggest the absence of a quorum. family doctors, with specialists, and The PRESIDING OFFICER. The thers established. That is the Presi- even with dentists. clerk will call the roll. dent’s responsibility. How can Senate I believe Washington policies have The senior assistant legislative clerk Republicans refuse to even meet with inadvertently contributed to the prob- proceeded to call the roll. the person selected under this constitu- Mr. BARRASSO. Mr. President, I ask lem. The Centers for Medicare and tional process? How is that being faith- unanimous consent that the order for Medicaid have made payments to hos- ful to the terms of the Constitution? the quorum call be rescinded. pitals partly based on how well the spe- How are Senate Republicans upholding The PRESIDING OFFICER. Without cific hospital has scored on surveys and defending this Constitution by this objection, it is so ordered. filled out by the patients—the patients evasive, historically unprecedented ac- PRESCRIPTION DRUG ABUSE who have been in those hospitals. Here tion? Mr. BARRASSO. Mr. President, I are some examples of questions that Sadly, it appears that Senate Repub- come to the floor today to talk about a are asked on these surveys: During this licans have calculated it is in their drug abuse problem that is literally hospital stay, how often was your pain best political interests to keep the hurting millions of Americans. There well controlled? Some patients are nominee out of the spotlight. They has been a dramatic rise in the use and asked that. They are also asked: How were hoping that, with this letter and misuse of prescription painkillers. often did the hospital staff do every- by saying yesterday we will have noth- These prescription painkillers—and I thing they could to help you with your ing to do with it, they are going to tell you this as a doctor—are known as pain? turn out the lights on this issue. That opioids. Well, you can see how doctors might is not what is going to happen. This Between 1999 and 2013, sales of pre- feel pressure to prescribe more and issue is going to be there and remem- scription painkillers in the United stronger opioid pain relievers to make bered, and it is going to be recalled on States have quadrupled. It is no coinci- sure their hospital doesn’t get low the floor of the Senate repeatedly. dence that over that same number of scores and get penalized by the bureau- They thought they could close down years overdose deaths from these drugs crats here in Washington. The Depart- the government when Senator CRUZ of have also quadrupled. This is how we ment of Health and Human Services is Texas sat here for, I don’t know how know there has been a huge shift from looking into whether these surveys are many hours, reading Dr. Seuss while the appropriate use to abuse of these contributing to this rise in prescrip- we shut down the government, and medications. People in rural areas like tions and what can be done about it. they thought people would forget Sen- my own are almost twice as likely to Earlier this month I was 1 of 26 Sen- ator CRUZ shutting down the govern- overdose on prescription painkillers as ators, Republicans and Democrats ment; they didn’t, and he is finding on people in large cities. Some people alike, who wrote to the Secretary of this campaign trail that a lot of people think these problems are only a prob- Health and Human Services to make have remembered that. The American lem in the big cities. That is not the sure she keeps us apprised on the ef- people are not going to forget what case with these opioids. fects these regulations might be hav- Senate Republicans are trying to do I can tell you as a doctor who prac- ing. If these pain relievers are being with the Supreme Court. ticed medicine in Casper, WY, for 25 prescribed inappropriately, they can do I have served on the Judiciary Com- years, treating pain in our patients is more harm than good. That’s the prob- mittee for the hearings and confirma- one of the most difficult things we do. lem. Some of these people who get tion votes of four of the eight sitting When we have a patient who is in pain, these prescriptions for all the right Supreme Court Justices. Let me state we want to help relieve that pain. reasons end up being addicted. When clearly that this Senator is more than Opioids are a very effective way to help the prescription runs out, they may ac- happy to meet with the President’s Su- patients with pain, and doctors use tually experience withdrawal symp- preme Court nominee, as I have on all these medications through prescrip- toms, and I have seen it happen. such nominees—Republican and Demo- tions to help manage the pain. It is im- So what do the people who become crat alike—and I will consider that portant that we have the capacity to addicted to these opioids do? Well, they nominee on his or her merits, as I have do that as long as it is done appro- seek pills on the black market or they always tried to do in the past. priately. This can be a very good op- turn to other drugs, including heroin. Yesterday, Senate Republicans also tion for someone suffering from chron- Heroin is often cheaper than the actual tried to deflect attention from their ic pain, such as pain from cancer. It prescription opioid and, of course, more unprecedented obstruction by pointing can be appropriate for someone who is deadly. to quotes from some Democrats years suffering from acute, temporary pain, From 2002 to 2013, heroin use in the ago. But the record is clear: Democrats such as someone who just had surgery. United States has nearly doubled. The have never, never blocked a Supreme The problem is that these are ex- deaths from heroin overdoses have Court nominee from having a hearing. tremely powerful narcotics. Chemi- quadrupled. Why? One of the reasons

VerDate Sep 11 2014 00:26 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.005 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S971 seems to be that because heroin has be- Another good, commonsense idea is have a new President. I ask you, what come much cheaper on the street, it looking into changing Medicare Part D has that got to do with us doing our has also become a more attractive drug and Medicare Advantage. This legisla- jobs? for addicts to buy and use. At the same tion has been introduced by Senator Under the Republican timeline, the time, the heroin today is believed to be PAT TOOMEY of Pennsylvania. I am a Supreme Court will be left with only much more powerful than it used to be, cosponsor of that legislation. The bill eight Justices for over a year. The last and so it may be that people who use it is called the Stopping Medication time it took so long for the Senate to are much more likely to overdose. Abuse and Protecting Seniors Act. fill a vacancy on the Court was during When we see statistics like these—or That is it: Stopping Medication Abuse the Civil War. The rationale that the just talk to people, such as those who and Protecting Seniors. It allows Part Senate should not act because of an up- work in the emergency room, who have D and Medicare Advantage plans to coming election is not only stunning, to deal with the drug addictions, 911 lock in patients to a single prescriber, but I think most Americans would calls, opioid abuse, heroin abuse, and a single pharmacy, for their opioid pain agree is absurd. In what other work- see all these problems—it is time for medicine. This is going to do a couple place can employees announce that Congress to act. We can’t turn a blind of things. It will deal with the issue of they don’t plan to fulfill their respon- eye to Americans who are suffering and doctor shopping. That is when a pa- sibilities for 9 months and still get dying. That is why I think it is impor- tient goes to multiple providers to get paid? But that is exactly what Repub- tant that the Senate needs to take up duplicate prescriptions if they become licans are saying to the American peo- action to help stop the damage being addicted. Many private insurance com- ple. done. panies already do this and so does Med- We work for the American people. Recently the Senate Judiciary Com- icaid. So we should allow and encour- The American people elect Senators, mittee passed the Comprehensive Ad- age Medicare to do it as well. Representatives, and Presidents. diction and Recovery Act. It has bipar- These are all ideas with bipartisan Through elections, the people shape tisan support, and it is one more sign support in the Senate. They are exam- the direction of our country. that the Senate has gotten back to ples of ways that Democrats and Re- While Republicans may want to for- work on behalf of the American people. publicans are working together to help get it, in 2012 the people elected Presi- Just as the name of the legislation Americans who need and deserve help. dent Obama to a full 4-year term. That says, it actually addresses both prob- The abuse of prescription drugs and term doesn’t end for nearly a year. His lems—addiction and recovery. It will heroin is happening everywhere in responsibilities as President don’t stop increase education and prevention ef- America. It is harming our Nation. because a Republican Senate says so. The Constitution requires a Presi- forts to help keep people from becom- Congress must do what it can to stop dent to nominate someone to fill a va- ing addicted to painkillers in the first it. place. It is also going to strengthen I thank the Presiding Officer and cancy on the Supreme Court. The Con- State programs to monitor prescrip- yield the floor. stitution requires the Senate to pro- tion drugs and to track when these I suggest the absence of a quorum. vide advice and consent on the Presi- drugs end up in the wrong hands. The PRESIDING OFFICER. The dent’s nominee. That is our job as Sen- For the people who have already clerk will call the roll. ators. passed from use of the medications to The senior assistant legislative clerk The President hasn’t nominated any- abuse and addiction, this legislation proceeded to call the roll. one to fill the current Supreme Court will help to launch treatment programs Ms. HIRONO. Mr. President, I ask vacancy. When he does, no Senator is that are based on actual evidence of unanimous consent that the order for required to vote for that nominee, but what works. There are a lot of treat- the quorum call be rescinded. what is required is for the Senate to ment programs out there and lots of The PRESIDING OFFICER. Without fulfill its constitutional duties. The different opportunities to seek treat- objection, it is so ordered. President’s nominee deserves a hearing ment. We want to make sure we can FILLING THE SUPREME COURT VACANCY and a vote. No excuses. Let’s do our identify the ones that are actually suc- Ms. HIRONO. Mr. President, our Re- job. Mr. President, I wish to now turn to ceeding and helping people and then publican colleagues have decided that another subject. make sure these programs are avail- the Senate should not hold a hearing or (The remarks of Ms. HIRONO per- vote on any Supreme Court nominee able to more people. These are just a taining to the submission of S. Res. 373 few of the positive ideas in the legisla- this year. The reason? It is an election are printed in today’s RECORD under year. That is a breathtakingly candid tion. ‘‘Submitted Resolutions.’’) Senator KELLY AYOTTE, who is one of but utterly irresponsible reason for the Ms. HIRONO. Mr. President, I suggest the main sponsors of this legislation, Senate not to do its job. That decision the absence of a quorum. has said that we can’t arrest our way may not surprise those who have fol- The PRESIDING OFFICER (Mr. SUL- out of this problem. She is exactly lowed the Senate in recent years, as LIVAN). The clerk will call the roll. right. The misuse and abuse of these our Republican colleagues have time The legislative clerk proceeded to drugs is illegal. We must acknowledge and again chosen to obstruct President call the roll. that fact. We must still try to do ev- Obama’s agenda. Mr. CORNYN. Mr. President, I ask erything in our power to keep this mis- We can disagree on legislation, we unanimous consent that the order for use from turning into addiction and can disagree on policies, we can cer- the quorum call be rescinded. even death. There are States and com- tainly disagree on judicial nomina- The PRESIDING OFFICER. Without munities and families suffering because tions, but the idea that the Senate objection, it is so ordered. of the abuse of these drugs. We can all should not take any action on a Su- Mr. CORNYN. Mr. President, yester- be part of the solution, and we must all preme Court vacancy is unprecedented. day it was my privilege to say a few be part of the solution. In the last 100 years, the Senate has words honoring Justice Antonin Scalia, I know that the Committee on taken action on every Supreme Court known to his friends as ‘‘Nino,’’ a man Health, Education, Labor, and Pen- nominee whether it is an election year whose intellect, wit, and dedication to sions is looking into another aspect of or not. The Senate has not only taken our Constitution have served our coun- this subject, as is the Finance Com- action, but the Senate has confirmed try for decades. I am pleased that oth- mittee. There are lots of ideas out more than a dozen Supreme Court Jus- ers have said appropriate words hon- there, and I am glad to see Members tices in the final year of a Presidency. oring his memory and the many ways taking the issue so seriously. I am glad In fact, a Democratic Senate confirmed he helped strengthen our constitu- we are moving forward with bipartisan Justice Anthony Kennedy in the final tional self-government and our democ- legislations and solutions. year of President Reagan’s term. Yet racy. Senator AYOTTE has been a major roughly 9 months before the next elec- As we know, the Constitution gives force in talking about this problem. tion, the Republican position is that the Senate an equal role in deciding Senators WHITEHOUSE, KIRK, PORTMAN, the Senate should not do its job be- who eventually is to serve on the Su- and others have addressed this issue. cause 11 months from now, we will preme Court of the United States.

VerDate Sep 11 2014 00:26 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.007 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S972 CONGRESSIONAL RECORD — SENATE February 24, 2016 President Obama called me and other are not even going to have a hearing? ate Judiciary Committee. He gave a members of the Judiciary Committee You are not even going to meet with long speech, of which this is an ex- yesterday, saying he intends to exer- the President’s proposed nominee? cerpt. He said: ‘‘[T]he Senate Judiciary cise his constitutional authority, and I Well, that is right, for a very good Committee should seriously consider recognize his right to make that nomi- reason—because it is not about the per- not scheduling confirmation hearings nation. But not since 1932 has the Sen- sonality of that nominee. So it would on the nomination until after the polit- ate, in a Presidential election year, be pretty misleading for us to take the ical campaign season is over.’’ He went confirmed a Supreme Court nominee to same position that Senator REID has on to say: ‘‘[A]ction on a Supreme a vacancy that arose in that Presi- taken and then to say: Well, we are Court nomination must be put off until dential election year. And it is nec- going to go through this elaborate after the election campaign is over.’’ essary to go even further back—I be- dance of having courtesy meetings, That is the Biden benchmark—the lieve to the administration of Grover maybe even having a hearing, when we Reid rule, the Schumer standard, and Cleveland in 1888—to find an election- have already decided—as Senator REID the Biden benchmark. year nominee who was nominated and acknowledged is the right of the Sen- I read a statement from the Vice confirmed under a divided government, ate—not to bring up this President’s President that he issued after he saw such as we have now. nominee for a vote. And not to pre- that this old news clip and his state- So I found it very curious that some ordain who that next nominee will be, ment had been made public. He quite of our colleagues across the aisle are whether they will be nominated by a conveniently said this was ‘‘not an ac- effusive in their criticism of our deci- Republican or Democratic President— curate description of my views on the sion to withhold consent until we have we don’t know what the outcome of the subject.’’ Well, I think the words are a new President and in effect say this Presidential election is going to be. very clear. I think what he might have ought to be a choice not just confined But this is too important for the Con- said is ‘‘These are no longer my views to the 100 Members of the Senate and gress and for the Senate to be stam- on the subject’’ because, of course, he the President but to the American peo- peded into a rubberstamp of President would like President Obama to be able ple. Obama’s selection on the Supreme to make that nomination. We are not saying—we are not fore- Court as he is heading out the door—a So I wish to reject this myth that closing the possibility that a member decision that could well have an im- many of our Democratic colleagues are of one party or another party would be pact on the balance of power on the Su- spreading that what we are doing here the one to make that nominee. This preme Court for the next 30 years. and now is somehow unprecedented. isn’t a partisan issue. This is about the I am not through with my charts. Quite the contrary. What we are doing people having a chance to express their The next Democratic leader in the is what the Democrats’ top leadership views and raising the stakes and the Senate, Senator SCHUMER—first, I has advocated in the past. What do visibility of the Presidential election guess you could call this the Reid they think we are? They think we are to make the point that this isn’t just standard. We call it the Reid rule and going to abide by a different set of about the next President who will the Schumer standard. That rolls off rules than they themselves advocated? serve 4 years, maybe 8 years; this will the tongue better. How ridiculous would that be? I could likely be about who will serve the next So this is what Senator SCHUMER said not explain that to my constituents 30 years on the Supreme Court of the 18 months before President George W. back home in Texas. If I were going to United States. Bush left office. We are only looking say: Well, the Democrats can apply one I am going to remind our colleagues at, what, 10 or 11 months until Presi- set of rules, but then when the Repub- of some of the things they have said in dent Obama leaves. In 2007, Senator licans are in the majority, the Repub- the past for which they have so roundly CHUCK SCHUMER said: ‘‘[F]or the rest of licans must apply a different set of criticized us. People understand when this President’s term. . . . We should rules—well, the fact is, the rule book there are differences of opinion. It is a reverse the presumption of confirma- has been burned by the Democrats, and little harder to understand hypocrisy tion.’’ what we are operating under is the sta- when you have taken just the opposite I, frankly, don’t know what he is tus quo they advocated back in 1992, position when it suited your purposes talking about. The Constitution 2005, and 2007. in the past to the position you take doesn’t talk about a presumption of The Senate has every right under the today. So let me just be charitable and confirmation. But it is pretty clear to Constitution not to have a hearing, and say maybe they have just forgotten. me that he wants a presumption that we shouldn’t go through some motions For example, the minority leader, the nominee will not be confirmed for pretending like we are or that this is Senator REID of Nevada, the Demo- the next 18 months. really about the personality of whom- cratic leader, said on May 19, 2005, Senator SCHUMER, one of the Demo- ever the President nominates. I have when George W. Bush was President of cratic leaders, said: ‘‘I will recommend confidence that the President will the United States: to my colleagues that we should not nominate somebody who he thinks is The duties of the Senate are set forth in confirm a Supreme Court nominee ex- qualified to be on the Supreme Court. I the U.S. Constitution. Nowhere in that docu- cept in extraordinary circumstances.’’ would point out, though, that this ment does it say the Senate has a duty to So what we are doing is what Senator nominee will not be confirmed. I don’t give Presidential appointees a vote. REID and Senator SCHUMER advocated know many leading lawyers, scholars, That was Senator REID. I agree with back when it was convenient and and judges who would want to be nomi- him. That is exactly right, but that is served their purposes way back when. nated for the U.S. Supreme Court to a not the position he appears to be tak- They are now taking a different posi- seat that President Obama will never ing today. tion because, of course, their interests fill. The President has every right to are different. They want to make sure So during this already very heated nominate someone, but the Senate has President Obama gets a chance to election year—and the election is al- the authority to grant consent or to nominate and the Senate confirm ready underway. Democrats are voting withhold consent. And what I and the President Obama’s nominee, who will in Democratic primaries, and Repub- other members of the Judiciary Com- serve for perhaps the next quarter of a licans are voting in Republican pri- mittee on the Republican side said yes- century or more on the Supreme Court. maries and caucuses. The election is al- terday in a letter to the majority lead- But it is pretty clear that the Senate is ready underway, and the Supreme er is that we believe unanimously—all not bound to confirm a Supreme Court Court can function in the vast major- the Republicans on the Senate Judici- nominee or even hold a vote. ity of cases with eight members. It fre- ary Committee—that we should with- Finally, I wish to point out—we will quently does anyway because most hold consent, exercising a right and an call it the Reid rule, the Schumer cases are not decided 5 to 4; most cases authority recognized by Senator REID standard, and the Biden benchmark. are decided on a consensus basis. in 2005. This is what the Vice President of But let’s say, for the six or so cases I have read some of the press clips. the United States, JOE BIDEN, said in in which Justice Scalia was a deciding People recoil in mock horror: Well, you 1992 when he was chairman of the Sen- vote on a 5-to-4 case last year—if there

VerDate Sep 11 2014 00:26 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.009 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S973 is a deadlock, those cases can simply Every day families across this coun- ter. I don’t know how to explain that be held over until the next year when try go to work and fulfill their respon- to people back in North Dakota. there is a new Justice or the Court can sibilities and obligations. They do their In the last 100 years, the full Senate come up with some other way to dis- jobs to put food on the table for their has taken action on every pending Su- pose of it as it sees fit. That frequently family, and they pay their bills. Imag- preme Court nominee to fill a vacancy, happens. For example, Justice Kagan ine a construction worker in North Da- regardless of whether the nomination was Solicitor General of the United kota telling his boss he didn’t want to was made in a Presidential election States. She was recused from and could do his job for the rest of the year until year. According to CRS—Congressional not sit on cases that she handled as an conditions are probably more favor- Research Service—since 1975 the aver- advocate for the U.S. Government once able. He might get a good laugh. He age number of days from nomination to she got to the Supreme Court. So the might be told to go back to work. If he final Senate confirmation is 67 days or Court operated with eight Justices for was serious, he wouldn’t have a job just over 2 months. a long time because of Justice Kagan’s very long. Since committee hearings began in recusal. Similarly, Justice Anthony Everyone here knows American 1916, every pending Supreme Court Kennedy served on the Ninth Circuit workers can’t go to their jobs and just nominee has received a hearing, except Court of Appeals. Once he got to the announce: I don’t want to do that nine nominees who were all confirmed Supreme Court of the United States, he today. They can’t just say: I am not within 11 days. In addition to holding couldn’t then sit on those cases and de- going to do my job for the rest of the hearings on the nominations, the Sen- cide them once as a circuit court judge year. I am going to wait to find out ate Judiciary Committee has a long- and another time as a Supreme Court who might be the new boss. That is not standing bipartisan tradition of send- Justice. He recused, which means there how it works for the American people, ing to the full Senate all pending nomi- were eight Justices to decide those and it is certainly not how it should nees to the Supreme Court for a Su- cases. That is not extraordinary; that work for the Senate. preme Court vacancy, even when the is not uncommon. And it is not going In many ways, I think it is an embar- majority of the committee may not to paralyze the Supreme Court of the rassment that some of my colleagues have supported that nominee. United States from doing its job. It has would not only ask the President not If, in fact, this Supreme Court va- all the tools it needs at its disposal to to do his job—a job our Constitution cancy is held open until the next Presi- handle these cases as it sees fit—either instructs him to do—but they would dent makes the nomination, that will to dismiss them as improvidently also shirk their own duties to provide mean it is vacant for well over a year. granted, to hold them over if they are advice and consent to the President Not since the Civil War—not since the truly deadlocked, or to find some other simply because it is not a good polit- Civil War—has the Senate taken longer perhaps more narrow basis upon which ical time to do it. than 1 year to fill a Supreme Court va- to decide the case, which would com- It says something pretty terrible cancy. mand a five-vote majority with eight about Congress if the Senate now is An extended period of time with only members of the Court. making determinations about how a eight members of the Supreme Court So Mr. President, I would like our popularly elected President, regardless sitting would delay or prevent justice colleagues to come out here and ex- of political party—regardless of wheth- from being served. There are American plain this apparent contradiction in er that President is popular in this citizens across the country who need the position they took in 2007, 2005, and Chamber or not—is no longer allowed decisions from the Court on a variety 1992. Because if they can’t explain that, to perform the duties of that office and of issues. In fact, what we have done is then it looks to me like this is pure hy- nominate and receive a vote on the Su- we have elevated the circuit courts— pocrisy—holding Republicans, when we preme Court nominee of his choosing. the courts that have made the deci- are in the majority, to a different It is a disappointing day when some sions that are currently pending—to standard than they themselves were Senators will tell the President: Don’t the position of the Supreme Court of willing to embrace when they were in even bother because we will not even the United States, denying access to power. consider or even talk to your nominee. those claimants one way or the other— As I said, people may not understand This is before the President has even whether the court agreed with them or a lot of the nitty-gritty details of this, announced or named a nominee. It is the court disagreed with them in the but they do have a strong sense of fair- particularly frustrating to those of us circuit courts—denying them access to ness and evenhandedness, and they do who really want the Senate to work that final appeal, to that Supreme smell hypocrisy and see it when it is that some Senators are willing to ham- Court decision. right before their eyes. per the functioning of yet another So I simply want to say: Let’s do our Mr. President, I suggest the absence branch of our Federal Government sim- job. Let’s give the nominee a hearing. of a quorum. ply to play politics, with the hope that Let’s vote in committee. Let’s all do The PRESIDING OFFICER. The our job to vet the candidates. Let’s not clerk will call the roll. those politics will benefit one party— The legislative clerk proceeded to to maintain and possibly take control prejudge this. Let’s do the responsible call the roll. of the other two branches of govern- thing and vote yes or no. Let’s take a Ms. HEITKAMP. Mr. President, I ask ment. look at the candidate to be nominated, unanimous consent that the order for I don’t think anyone can dispute the and let’s get a fully functioning Su- the quorum call be rescinded. facts. The Supreme Court considers preme Court. The PRESIDING OFFICER. Without some of the most critical issues facing I want to close with just one re- objection, it is so ordered. our country, and the American people minder. The last time we went through Ms. HEITKAMP. Mr. President, I deserve a fully functioning Court. To a very contentious hearing was the come to the floor today with what I insist the Court go through potentially hearing for Justice Thomas, and I think is a pretty simple message—a two terms without a full slate of Jus- think my colleague from Washington, message the American people have tices is an abdication of our responsi- who is on the floor, well remembers been delivering to me and the people of bility as Senators. That responsibility that, as do a lot of people here remem- North Dakota and which reflects ex- is to make sure that America’s three ber that. I want to remark that Justice actly why I wanted to come to Wash- branches of government are fully func- Thomas was sent to this floor without ington, DC—which is that Congress tioning. a positive vote out of committee. But needs to do its job. Whether it is legis- Just yesterday, we heard that our his nomination was sent to the floor, lating on WOTUS or making sure we colleagues are not even going to enter- and the nomination of Justice Thomas, are moving appointments properly or tain the thought of a hearing before at the urging of then-majority leader taking votes that may make some of us the Judiciary Committee for any nomi- Mitchell, was not filibustered. So prob- uncomfortable, that is our job. That is nee the President puts forward. I don’t ably the most contentious nominee in why the American taxpayers pay us. So know how to explain that decision. I my lifetime certainly—and it certainly I come today to say: Congress, do your don’t know how one can say that for raised some very interesting gender job. Senate, do your job. the next 10 months that doesn’t mat- issues—did not even get filibustered.

VerDate Sep 11 2014 00:26 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.010 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S974 CONGRESSIONAL RECORD — SENATE February 24, 2016 Let’s do our job. Let’s do the work The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Without the people sent us here to do. Let’s vet sufficient second? objection, it is so ordered. this candidate, whoever it might be, There appears to be a sufficient sec- Mr. BLUNT. Mr. President, I wish to and let’s move forward so that every ond. address the Senate in morning busi- person who has a case pending before The clerk will call the roll. ness. the Supreme Court or will have a case The bill clerk called the roll. The PRESIDING OFFICER. Without pending before the Supreme Court is Mr. CORNYN. The following Senators objection, it is so ordered. are necessarily absent: the Senator given access to justice by providing a f fully functioning Supreme Court. from Tennessee (Mr. CORKER), the Sen- Mr. President, I yield the floor. ator from Texas (Mr. CRUZ), the Sen- REMEMBERING JUSTICE ANTONIN The PRESIDING OFFICER. The Sen- ator from Wisconsin (Mr. JOHNSON), SCALIA AND FILLING THE SU- ator from Washington. and the Senator from Florida (Mr. PREME COURT VACANCY Mrs. MURRAY. Mr. President, I ask RUBIO). Mr. BLUNT. Mr. President, I wish to unanimous consent to speak on behalf Mr. DURBIN. I announce that the talk about Judge Scalia for a few min- of the nomination before the vote for 2 Senator from Missouri (Mrs. MCCAS- utes, and then I will address the va- minutes. KILL), the Senator from Vermont (Mr. cancy on the Court. The PRESIDING OFFICER. Without SANDERS), and the Senator from Vir- There is no question that the Su- objection, it is so ordered. ginia (Mr. WARNER) are necessarily ab- Mrs. MURRAY. Mr. President, the sent. preme Court has lost a strong and role of the FDA Commissioner is cen- The PRESIDING OFFICER. Are there thoughtful voice. No matter what tral to the health and safety of every any other Senators in the Chamber de- issues the Justices on the Court might family and community nationwide, siring to vote? have disagreed with, or even when from a dad making his daughter’s pea- The result was announced—yeas 89, there was a disagreement on how to in- nut butter sandwich in the morning to nays 4, as follows: terpret the Constitution, there is no a patient headed into an operating [Rollcall Vote No. 25 Ex.] question that Judge Scalia had a room. I know this is a nomination we YEAS—89 unique capacity to get beyond that. He will be missed by the Court for both his all take very seriously. Alexander Flake Nelson After careful review, I believe Dr. Baldwin Franken Paul intellect and his friendship. He was an Califf’s experience and expertise will Barrasso Gardner Perdue Associate Justice on the Court for al- allow him to lead the FDA in a way Bennet Gillibrand Peters most 30 years. He was a true constitu- Blunt Graham Portman tional scholar, both in his work before that puts patients and families first Booker Grassley Reed the Court and on the Court, and he and upholds the highest standards of Boozman Hatch Reid patient and consumer safety. Dr. Califf Boxer Heinrich Risch brought a lifetime of understanding of has led one of our country’s largest Brown Heitkamp Roberts the law to the Court. Burr Heller Rounds He began his legal career in 1961, clinical research organizations, and he Cantwell Hirono Sasse Capito Hoeven practicing in private practice. In 1967, has a record of advancing medical Schatz Cardin Inhofe he became part of the faculty of the breakthroughs on especially difficult- Schumer Carper Isakson to-treat illnesses. Scott University of Virginia School of Law. Casey Kaine In 1972, he joined the Nixon administra- He has a longstanding commitment Cassidy King Sessions to transparency in relationships with Coats Kirk Shaheen tion as General Counsel for the Office industry and to working to ensure aca- Cochran Klobuchar Shelby of Telecommunications Policy, and Collins Lankford Stabenow from there he was appointed Assistant demic integrity. He has made clear he Sullivan Coons Leahy Attorney General for the Office of will continue to prioritize independ- Cornyn Lee Tester ence at the FAA as the Commissioner Cotton McCain Thune Legal Counsel. He brought a great deal and always put science over politics. Crapo McConnell Tillis of knowledge to his work and finished Toomey His nomination received letters of sup- Daines Menendez the first part of his career as a law pro- Donnelly Merkley Udall fessor at the University of Chicago, and port from over 128 different physician Durbin Mikulski Vitter and patient groups. Enzi Moran Warren that is the point where he became a He earned the strong bipartisan sup- Ernst Murkowski Whitehouse judge. port of the members of the HELP Com- Feinstein Murphy Wicker In 1982, President Reagan appointed Fischer Murray Wyden mittee. There is a lot the FDA needs to him to the U.S. Court of Appeals for get done in the coming months, includ- NAYS—4 the District of Columbia, a court that ing building a robust postmarket sur- Ayotte Manchin gets many of the cases that wind up on veillance system for medical devices, Blumenthal Markey the Supreme Court. He was on that making sure families have access to NOT VOTING—7 court for a little more than 4 years. nutritional information, putting all of Corker McCaskill Warner In 1986, President Reagan nominated the agency’s tools to work to stop to- Cruz Rubio him to serve as an Associate Justice. bacco companies from targeting our Johnson Sanders He was an unwavering defender of the children, and playing a part in address- The nomination was confirmed. Constitution, and as a member of the ing the epidemic of opioid abuse that is The PRESIDING OFFICER. Under Supreme Court, he had the ability to hurting so many communities so deep- the previous order, the motion to re- debate as perhaps no one had in a long ly. consider is considered made and laid time—and perhaps no one will for a I believe Dr. Califf will be a valuable upon the table and the President will long time. He had a sense of what the partner to Congress in taking on these be immediately notified of the Senate’s Constitution was all about and a sense challenges and the many others the action. of what the Constitution meant, and by FDA faces. I am here to encourage my f that he meant what the Constitution colleagues to join me in supporting LEGISLATIVE SESSION meant to the people who wrote it. this nomination. I look forward to con- There is a way to change the Con- The PRESIDING OFFICER. Under stitution. If the country and the Con- tinued work with all of the Members on the previous order, the Senate will re- ways to strengthen health and well- gress think that the Constitution is sume legislative session. outmoded in the way that it would being for the families and communities The Senator from Missouri. have been looked at by the people who we all serve. f I yield back my time. wrote it, there is a process to do some- The PRESIDING OFFICER (Mr. MORNING BUSINESS thing about that. That process was im- SASSE). Under the previous order, the Mr. BLUNT. Mr. President, I ask mediately used when the Bill of Rights question is, Will the Senate advise and unanimous consent that the Senate be was added to the Constitution and can consent to the Califf nomination? in a period of morning business, with still be used if people feel as though the Mrs. MURRAY. Mr. President, I ask Senators permitted to speak therein Constitution no longer has the same for the yeas and nays. for up to 10 minutes each. meaning as what the people who wrote

VerDate Sep 11 2014 02:31 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.011 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S975 it and voted on it thought it meant. have often been eight Justices. There That is one of the cases before the Justice Scalia had the ability to bring has often been a Court that could eas- Court right now. I don’t know how the that up in every argument and would ily wind up in a 4-to-4 tie. In fact, since Court will decide to determine it. I do sometimes argue against his own per- World War II, the Court has had only 8 know there is a reason we should be sonal views. He argued for what the Justices 15 times. concerned about freedom of religion, Constitution meant and what it was in- Right after World War II and about a the right of conscience. President Jef- tended to mean. His opinions were well month after Harry Truman became ferson, in writing to a church that reasoned, logical, eloquent, and often President—when he was a Member of asked him about individual freedom, laced with both humor and maybe a lit- the Senate, he used the desk that I now said to that church—I think it might tle sarcasm, but they were grounded get to use—he asked Justice Robert have been late in his administration, with the idea that judges should inter- Jackson to be the chief prosecutor at might have been an 1808 letter—of all pret the Constitution the way it was Nuremberg. Justice Jackson then went the rights we have, right of conscience written. to Nuremberg, and for the better part is the one we should hold most dear. His contributions to the study of law of a year and a half—from May of 1945 The American people need to be think- left a profound mark on the legal pro- until October of 1946—he was not sit- ing about that as they determine the fession. Lawyers, particularly young ting on the Court and wasn’t making next President, who is likely to not lawyers in many cases, talk about the decisions on the Court. He was the just fill this vacancy but likely to fill chief prosecutor at the Nuremberg law differently than they did before more than one vacancy during their trials. Justice Scalia began to argue his view time in office. A tie on the Court can do a lot of of what the Constitution meant and Mrs. Clinton says if she is elected things. It can uphold a lower court de- what the Court meant. He had a great President, she will not appoint any- cision. A tied Court can decide to re- legal mind. body to the Supreme Court who will hear a case, which is also not unusual He was fun to be with. I will person- not reverse the freedom of speech case in the history of the country. Again, ally miss the opportunity to talk to in Citizens United. Sounds to me as you can be tied even if there are nine him about the books we were reading though the Presidential candidates are Justices and one of them, for whatever or books the other one should read or willing to make the Court a major reason, decides not to participate in maybe books that the other one should issue in this campaign. Voters should that case. When that happens, the avoid reading because of the time re- Court can do a number of things and have the right to make the Court a quired to read it. He had a broad sense will. major issue in this campaign as well— of wanting to challenge his own views This is an important decision, and it freedom of religion, freedom of speech, and was able to challenge other peo- is a decision in the shadow of the next the Second Amendment, the Tenth ple’s views not only in a positive way election. We are 9 months and a few Amendment that says anything the but in a way that he thought advanced days away from people getting a Constitution doesn’t say the Federal the Constitution and what the Con- chance to vote, and a lifetime appoint- Government is supposed to do is left to stitution meant to the country. ment on the Court is an important the States. The closer you are to where As I stand here today, I am sure thing. a problem is, when solving that prob- many people all over America and the Justice Scalia was appointed by Ron- lem, the more likely you are going to people who the Scalias came into con- ald Reagan and served for three dec- get a commonsense solution. That is tact with are continuing to remember ades. He served for a quarter of a cen- why that Tenth Amendment is there his family. Our thoughts and prayers tury after Ronald Reagan left the and why it needs to be vigorously ad- are with his wife Maureen, their nine White House and for a decade after hered to. children, and their literally dozens of President Reagan died. This is some- These are important times. Anytime grandchildren. I am not sure if the thing worth thinking about, and frank- we have an election in the country, number is 36 or 39, but it is an impres- ly at this moment in history and in there is always a sense that this may sive number. other moments in history when a va- be the most important election we Those who had a chance to see, be cancy has occurred in an election year, have ever had. They all are and par- there, or read his son’s eloquent han- it has often been the case that the deci- ticularly an election where the con- dling of the funeral service and the eu- sion is that the American people ought stitutional principles of government, logy can clearly see the great legacy he to have a say on who sits in that Su- where Executive overreach, where reg- and Maureen Scalia left to the country. preme Court seat. That is what will ulators who are unaccountable and out I am not a lawyer, which is often the happen this time, and I think it is the of control are one of the big concerns most popular thing I say, so I don’t best thing to happen this time. in America today. It is an important want to pretend to be a lawyer here There is a lot at stake. The Court has time to be thinking about the Supreme talking about the law and the Con- had 5-to-4 votes on decision after deci- Court and an important time to be stitution, but you don’t really need to sion. What the Court does on the Sec- thinking about the responsibilities of be a brilliant lawyer to understand the ond Amendment matters, and what the citizens and the responsibilities of the Constitution or understand what Jus- Court does on the First Amendment next President of the United States. tice Scalia was going to be. matters. The first freedom in the First This President has every constitu- I was a history teacher before I came Amendment is freedom of religion. No tional right and obligation to nominate here, and I know the Presiding Officer other country was ever founded on the somebody to a vacancy on the Supreme was a university president. I was the principle that the right to pursue your Court, but there is a second obligation first person in my family to graduate conscience and the right to pursue in the Constitution; that is, the obliga- from college. I had unbelievable oppor- your faith is a principal tenant of the tion of the Senate to confirm that tunities because of where we live. founding of this government. It was a nomination. I have a view that the an- We have the Constitution, and there principal tenet in the Revolution. More swer to that question is not this per- is no magic as to the number of Jus- importantly, it was immediately added son, not right now because we are too tices that should be sitting on the to the Constitution when there was close to making a big decision about Court at any given time. In fact, the some concern that maybe the Constitu- the future of the country to not in- Constitution doesn’t even suggest what tion was not clear enough about this clude this process of what happens to the number should be, and there have fundamental principle. the Supreme Court in that process. been different numbers over time. For During a time when the Obama ad- I wish the process of democracy well, some years now the number has been ministration is suing the Little Sisters the American people well as they think nine, but there have often not been of the Poor because the Little Sisters about these things, and the Senate well nine Justices sitting. In the event of a of the Poor doesn’t want their health as we do the other work that the Con- recusal or some other reason that a care plan to be a plan that includes stitution requires us to do. Justice has to leave, such as resigning things that are different than their I yield the floor. to do something else, there has often faith beliefs, freedom of religion is very Mr. President, I suggest the absence not been nine Justices. In fact, there important. of a quorum.

VerDate Sep 11 2014 00:26 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.014 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S976 CONGRESSIONAL RECORD — SENATE February 24, 2016 The PRESIDING OFFICER. The The most recent attack has come cessity of their concurrence would have a clerk will call the roll. from colleagues in this body who said powerful, though, in general, a silent oper- The senior assistant legislative clerk they don’t want to honor the respon- ation. It would be an excellent check upon a proceeded to call the roll. sibilities that they took on when they spirit of favoritism in the President, and would tend greatly to prevent the appoint- Mr. MERKLEY. Mr. President, I ask took the oath of office. One of those re- ment of unfit characters from State preju- unanimous consent that the order for sponsibilities is to give advice and con- dice, from family connection, from personal the quorum call be rescinded. sent on nominations. Recently, we attachment, or from a view to popularity. In The PRESIDING OFFICER (Mr. have the majority leader who said: I addition to this, it would be an efficacious PERDUE). Without objection, it is so or- don’t even want to talk to a nominee source of stability in the administration. dered. from the President, let alone take my He goes on to note that the body f responsibilities under the Constitution would be expected to approve most OUR ‘‘WE THE PEOPLE’’ seriously to give advice and consent. nominations, except when there are So I thought it might be useful to go DEMOCRACY special and strong reasons for the re- back and think a little bit about this fusal. Mr. MERKLEY. Mr. President, today advice-and-consent power and how it So that is our job. That is how it is I rise to address a topic under the came to be, what it meant, and what it laid out, that we are to make sure the broad notion of the first three words of means for us to honor our responsi- power the President has is not exer- our Constitution: ‘‘We the People.’’ bility today as Members of the U.S. cised in a way that results in unfit These are the most important three Senate. characters being appointed. Thus, this words because they set out the theory, In those days in which the Founders mutual system that took the strengths the strategy for our entire Constitu- were crafting the Constitution, they of the assembly as a check—that is, of tion and what it is all about, which is had a couple of different theories about the Senate—and the strength of the to ensure that we do not have govern- how they might possibly create this President in terms of accountability ment of, by, and for the most affluent power, and some said it should go sole- was combined. And Hamilton notes: ‘‘It in our society; or government of, by, ly to the Executive, solely to the Presi- is not easy to conceive a plan better and for the titans of commerce and in- dent. Others said that is too much calculated than this to promote a judi- dustry; but instead a government of, power to concentrate in single hands, cious choice of men for filling the of- by, and for the people, the citizens. It that it should go to the body of a legis- fices of the Union.’’ is within the framework of this Con- lature, it should go to an assembly. So that is where we fit in. That is our stitution that we find many elements Some decades after our Constitution role. We are to make sure that a nomi- designed to preserve this ‘‘we the peo- was signed, they had a Federalist nation—an individual has the prepara- ple’’ purpose. Paper written by Alexander Hamilton tion, the qualifications, the character, In recent years, in recent decades, we that laid out this discussion. He if you will, to fill an office effectively. have had major attacks on the theory noted—and I am going to quote at Hamilton points out in his conversa- of our Constitution, ‘‘we the people.’’ some length here—that the argument tion that just the fact that the Senate We had the Buckley v. Valeo Supreme for the Executive is as follows: will be reviewing the nominations will Court decision 40 years ago that said it The sole and undivided responsibility of serve as a check for, if you will, off- is all right for the most affluent citi- one man will naturally beget a livelier sense track nominations, inappropriate zens in our society to drown out the of duty and a more exact regard to reputa- nominations. people in the election process. We had tion. He will, on this account, feel himself During the time I have had a chance Citizens United, which said the Con- under stronger obligations, and more inter- to be connected to the Senate—and stitution doesn’t say ‘‘we the people’’; ested to investigate with care the qualities requisite to the stations to be filled, and to that now spans four decades; it was 1976 it says ‘‘we the titans of commerce and prefer with impartiality the persons who when I came here as an intern for Sen- industry; we the corporations.’’ So the may have the fairest pretensions to them. ator Hatfield—I have seen this body op- Supreme Court has made several deci- So that was the argument for the erate as envisioned in the Constitution. sions that have taken us far afield, and President to exercise these powers. I saw this body operate as a simple ma- we see the results of this. We see the In addition, there was discussion of jority, with rare exception. The use of impact of policies crafted by a legisla- the weaknesses of an assembly, a body the filibuster was not used to paralyze, ture elected with fabulous sums of like the U.S. Senate having that re- and the power of confirmation—of ad- money from the people at the height of sponsibility all to itself. Again, I will vice and consent of the Constitution— our society, the height of power and in- quote Alexander Hamilton: was not used to systematically under- fluence, of wealth and connections. Hence, in every exercise of the power of ap- mine the President because he simply Somehow, we have to reclaim our pointing to offices, by an assembly of men, happened to be of a different party. It Constitution. In fact, this under- we must expect to see a full display of all the was not used to undermine the judici- standing is something that is way off private and party likings and dislikes, ary by keeping judicial vacancies open. base, is the foundation of the frustra- partialities and antipathies, attachments Indeed, when this body starts to oper- tion we see across our Nation. We see it and animosities, which are felt by those who ate in that fashion—as it has been dur- reflected in the Presidential campaigns compose the assembly. The choice which ing the time I have been here as a Sen- may at any time happen to be made under this year on the Democratic side and ator, seeing across the aisle the effort on the Republican side. People know such circumstances, will of course be the re- sult either of a victory gained by one party to systematically change the makeup that something is wrong when over the over the other, or of a compromise between of the core by undermining the respon- last four decades virtually all addi- the parties. In either case, the intrinsic sibility to give advice and consent— tional income in our economy has gone merit of the candidate will be too often out then we deeply polarize and undermine to the top 10 percent. People under- of sight. this important institution that is our stand that the middle class is being So thus the argument for the Execu- judiciary. squeezed and crushed. People are start- tive over the assembly to have these I must say, even though I have seen ing to see tent cities pop up in cities appointing powers. But there was a for years the effort to really harness across our Nation because policies concern, and that was, what if the Ex- some gain through the strategy of un- made here are no longer crafted for ecutive, the President, goes off track? dermining the ability of the President ‘‘we the people’’ but instead for ‘‘we Wouldn’t it be useful to have a check to appoint, I never thought it would the titans.’’ on nominations when the Executive come to this. Well, I am going to rise repeatedly to goes off track? So Hamilton explained Article 2, section 2, declares that address this challenge that is at the why this check on the President’s nom- ‘‘the President, with the advice and core of who we are as a nation, the core ination power was placed into the Con- consent of the Senate, shall appoint of our Constitution. Our Constitution stitution. Ambassadors, other public Ministers is being attacked continuously, and we Once more I quote: and Consuls, Judges of the supreme the people must fight back to reclaim To what purpose then require the co-oper- Court, and all other Officers of the it. ation of the Senate? I answer, that the ne- United States.’’

VerDate Sep 11 2014 00:26 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.015 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S977 It is a responsibility of the President The American people spoke over- The senior assistant legislative clerk to nominate. It is a responsibility of whelmingly when they reelected Presi- proceeded to call the roll. the Members of this body to give ad- dent Obama in 2012 to a 4-year term. Mr. FRANKEN. Mr. President, I ask vice and consent on that nomination. They expect him to fulfill his duties for unanimous consent that the order for Yet here we are today with the major- a full 4 years. They expect us to do our the quorum call be rescinded. ity of this body saying we do not take duties under the Constitution. The cur- The PRESIDING OFFICER (Mr. seriously our responsibility under the rent campaign events do not stop the TOOMEY). Without objection, it is so or- Constitution to give advice and con- responsibilities of the U.S. Senate. For dered. sent. the last 200 years, the Senate has car- Mr. FRANKEN. Mr. President, I ask We have seen the process of really ried out its duty to give a fair and unanimous consent to speak for up to slowing—slow-walking nominations, timely hearing and a floor vote to the 15 minutes. but this is on a different scale of mag- President’s Supreme Court nominees. The PRESIDING OFFICER. Without nitude. Let us not change that position today, objection, it is so ordered. It is our responsibility to have a this week or this year. Let’s not only f committee vet the nominees, our re- honor the tradition, let’s honor the sponsibility to have a floor debate on FILLING THE SUPREME COURT constitutional responsibility. VACANCY the floor, our responsibility to have a I note it is not only the Supreme vote, and that certainly is a way the Court we have to worry about. Last Mr. FRANKEN. Mr. President, I rise Senate has operated decade after dec- year the Senate confirmed just 11 Fed- today to address the recent vacancy on ade, century after century. eral judges, the fewest in any year the U.S. Supreme Court and to urge my I just have to ask each of my col- since 1960—in the last 56 years. Only colleagues to grant swift consideration leagues across the aisle, do you find in one Court of Appeals judge was con- of the President’s eventual nominee. this beautiful Constitution any phrase firmed, the lowest in any given year Make no mistake, the passing of Jus- that says the President shall nominate since 1953. The number of judicial tice Antonin Scalia came as a great but only in the first 3 of the 4 years he shock. Although Justice Scalia and I or she is in office? Can you find that in emergencies, where there are not enough judges confirmed to do the did not share a common view of the the Constitution? Can you truly raise Constitution or of the country, I recog- your head and say you are doing your workload, has nearly tripled over the past year, from 12 in January 2015 to 31 nized that he was a man of great con- responsibility when you say: I only viction and, it should be said, a man of want to exercise my constitutional re- judicial emergencies today. The obstruction is not limited simply great humor. My thoughts and prayers sponsibility of advice and consent 3 out are with his family, his friends, his of every 4 years, and then I will take a to the judicial branch. The abuse of ad- vice and consent or disregard for the clerks, and his colleagues. But we must year off. I think if you read the Con- now devote ourselves to the task of stitution you will find that is not what responsibility extends to the executive branch. When we elect a President, the helping to select his successor. it says, and the American people know The Constitution—so beloved by Jus- this. They know the Supreme Court is President is not a President of the party, he or she is the President of a tice Scalia—provides that the Presi- very important to calling the balls and dent ‘‘shall nominate, and by and with strikes when actions or laws move into nation. Whether you are a Democrat or Republican, the President is our Presi- the Advice and Consent of the Senate, areas that are out of bounds. That is shall appoint . . . Judges of the su- what the Supreme Court does. It makes dent. Systematically using party poli- tics to undermine the individual be- preme Court.’’ sure our structure of laws and regula- Let us all remember that each and tions stay within the bounds of the cause they were elected from the oppo- site party diminishes the individuals every Senator serving in this body rights and rules of our Constitution. swore an oath to support and defend This is a critical part of the con- who serve in this body, it diminishes that same Constitution. It is our duty struction of American democracy. The the stature of this institution, and it to move forward. We must fulfill our Supreme Court serves as a check on diminishes the function of our Nation constitutional obligation to ensure the overreach of the President, the so carefully crafted in our Constitu- that the highest Court in the land has overreach of this body, and the over- tion. reach of its regulators. It cannot do its Let’s ponder the path forward this a full complement of Justices. Unfortu- job if it does not have a full set of year. Let’s not diminish this institu- nately, it would seem that some of my members. tion by forsaking our responsibility. colleagues on the other side of the aisle Not since the Civil War has the Su- Let’s not politically polarize the Court do not agree, and they wasted no time preme Court been left with a vacancy that is so essential to making sure our in making known their objections. for more than a year, and of course the laws and regulations and attitudes stay Less than an hour after the news of Civil War was a very unusual situation. within the bounds of the Constitution. Justice Scalia’s death became public, Since the 1980s, every person appointed Let’s instead restore this institution. the majority leader announced that the to the Supreme Court has been given a Let’s restore the Senate. Let it be at Senate would not take up the business hearing and a vote within 100 days. least as healthy as it was when we were of considering a replacement until Since 1975, on average, it has taken 2 youngsters serving here as interns, after the Presidential elections. ‘‘The months to confirm Supreme Court coming to DC for the first time or sim- American people should have a voice in nominees. ply reading about it in a book back the selection of their next Supreme Despite what some of my colleagues home. Court justice,’’ he said. claim, the President’s duty to make Let’s restore the effectiveness of our The only problem with the majority nominations to the Supreme Court judiciary. When we have judicial emer- leader’s reasoning is that the American does not disappear during a Presi- gencies, we have justice delayed, and people have spoken. Twice. President dential election year. Our responsi- justice delayed is justice denied, and Barack Obama was elected and then re- bility to do advice and consent does that does not honor the vision of the elected by a solid majority of the not disappear in a Presidential year. role of justice in the United States of American people, who correctly under- Let’s look to history. More than a America. stood that elections have con- dozen Supreme Court Justices have So I call on my colleagues to end this sequences, not the least of which is been confirmed in the final year of a obstruction that diminishes your serv- that when a vacancy occurs, the Presi- Presidency. More recently, Justice ice, diminishes this institution, and dent of the United States has the con- Kennedy, who is still on the bench, was damages our Nation. In short, do your stitutional responsibility to appoint a confirmed in the last year of President jobs. Work together as 100 Senators for Justice to the Supreme Court. The Reagan’s final term. That was done by the future of our Nation. Constitution does not set a time limit a Senate led by the opposite party. It Thank you, Mr. President. on the President’s ability to fulfill this was a Democratically controlled Sen- I suggest the absence of a quorum. duty, nor, by my reading, does the Con- ate that honored its responsibility to The PRESIDING OFFICER. The stitution set a date after which the give advice and consent. clerk will call the roll. President is no longer able to fulfill his

VerDate Sep 11 2014 00:26 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.016 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S978 CONGRESSIONAL RECORD — SENATE February 24, 2016 duties as Commander in Chief or to ex- nominee appointed by a Republican they unilaterally decided behind closed ercise his authority to, say, grant par- President and confirmed by a Demo- doors to refuse consideration of a dons or make treaties. It merely states cratic Senate in 1988—President Rea- nominee. The decision to foreclose that the President shall hold office for gan’s last year in office—during an even holding a hearing for a nominee a term of 4 years, and by my count, election year. So when I hear one of my to our Nation’s highest Court is shame- there are in the neighborhood of 11 colleagues say ‘‘It’s been standard ful, and I suspect the American people months left. practice over the last 80 years to not share that view. If we were truly to subscribe to the confirm Supreme Court nominees dur- The Supreme Court is a central pillar majority leader’s logic and extend it to ing a presidential election year,’’ I of our democracy. The women and men the legislative branch, it would yield know that is not true. who sit on that bench make decisions an absurd result. Senators would be- I am not the only one who knows that touch the lives of every single come ineffective in the last year of that is not true. The fact-checking American, regardless of party or polit- their terms. The 28 Senators who are publication PolitiFact recently ob- ical persuasion. Now the Senate must now in the midst of their reelection served that ‘‘[s]hould Republican law- do the same. We must honor our sol- campaigns and the 6 Senators who are makers refuse to begin the process of emn duty to uphold the Constitution stepping down should be precluded confirming a . . . nomination, it would and to ensure that Americans seeking from casting votes in committee or on be the first time in modern history.’’ justice are able to have their day in the Senate floor. Ten committee chairs SCOTUSblog, an indisputable author- court before a full bench of nine Jus- and 19 subcommittee chairs should pass ity on all matters related to the Court, tices. the gavel to a colleague who is not cur- confirmed that the ‘‘historical record I urge my colleagues to reject the im- rently running for reelection or pre- does not reveal any instances [in over a pulse to put politics before our sworn paring for retirement. Bill introduction century] of the . . . Senate failing to duty to uphold the Constitution. and indeed the cosponsorship of bills confirm a nominee in a presidential I thank the Presiding Officer and should be limited to those Senators year because of the impending elec- yield the floor to my colleague from who are not yet serving in the sixth tion.’’ Utah. year of their terms. If the majority The fact is that there is a bipartisan The PRESIDING OFFICER (Mr. leader sincerely believes the only way tradition—a bipartisan tradition—of GARDNER). The Senator from Utah. Mr. LEE. Mr. President, Supreme to ensure that the voice of the Amer- giving full and fair consideration to Court Justice Antonin Scalia was an ican people is heard is to lop off the Supreme Court nominees. Since the Ju- extraordinary man whose contribu- last year of an elected official’s term, I diciary Committee began to hold hear- tions to this country and the American trust he will make these changes, but I ings in 1916, every pending Supreme people, whom he faithfully served from suspect he does not. Rather, it seems Court nominee, save nine, has received the bench, are so prodigious that it will to me that the majority leader believes a hearing. And what happened to those take generations for us to fully com- the term of just one elected official in nine nominees? They were confirmed prehend our debt of great gratitude to particular should be cut short, which within 11 days of being nominated. him. His untimely, recent death is a In 2001, during the first administra- begs the question, just how should it be tragedy, and his legacy is a blessing to tion of President George W. Bush, cut? As I said, by my count, approxi- friends of freedom throughout this then-Judiciary Committee Chairman mately 11 months remains in Barack country and everywhere. Obama’s Presidency. Now, 11 months is LEAHY and Ranking Member HATCH Justice Scalia was a learned student a considerable amount of time. It is sent a letter to their Senate colleagues of history and a man who relished, per- sizeable. It has heft, but I wouldn’t call making clear that the committee haps more than any other, a spirited, it vast. would continue its longstanding, bipar- lively debate, so it is fitting that his Then again, there is a certain arbi- tisan practice of moving pending Su- passing has sparked a conversation in trariness to settling on 11 months. preme Court nominees to the full Sen- America, a spirited conversation about After all, it is just shy of a full year. ate, even when the nominees were op- the constitutional powers governing Perhaps, in order to simplify matters, posed by a majority of the committee, the appointment of Supreme Court an entire year would be proper or but, regrettably, my colleagues on the Justices and the historical record of maybe just 6 months, half a year. It is other side of the aisle are leaving that Supreme Court vacancies that happen a difficult decision. If only the Amer- long tradition behind. to open up during a Presidential elec- ican people had a voice in selecting Yesterday, every Republican member tion year. precisely how much time we should of the Senate Judiciary Committee This debate gives the American peo- shave off the President’s term. sent a letter to the majority leader ple and their elected representatives in Of course, now that I mention it, vowing to deny a hearing to the Presi- the Senate a unique opportunity to dis- there is a way to give the American dent’s eventual nominee. ‘‘This com- cuss our Nation’s founding charter and people a voice in this decision. The ma- mittee,’’ they wrote, ‘‘will not hold history at a time when our collective jority leader could propose a constitu- hearings on any Supreme Court nomi- choices have very real consequences, so tional amendment. It would, of course, nee until after our next President is it is important that this debate pro- have to pass both Houses of Congress sworn in on January 20th, 2017.’’ This ceed with candor, mutual respect, and with a two-thirds majority, but that is marks a historic dereliction of the Sen- deference to the facts. In that spirit, I not an insurmountable obstacle. Pro- ate’s duty and a radical departure not wish to address and correct a few of the vided it clears Congress, the amend- just from the committee’s past tradi- most pernicious errors, inaccuracies, ment would then bypass the Presi- tions but from its current practices. fallacies, and fabrications we have dent—which, in this case, would be I know that my good friend Chair- heard from some of the loudest voices very apt—and be sent to the States for man GRASSLEY cares a great deal about in this debate over the last few days. their ratification. So if the majority maintaining the legacy of the Judici- From the outset, I have maintained leader truly wants the voters to decide ary Committee and the propriety of its that the Senate should withhold its how best to proceed, our founding doc- proceedings. Under his leadership, we consent of a Supreme Court nomina- ument provides a way forward. have seen the committee put country tion to fulfill Justice Scalia’s seat and Suggesting that the Senate should before party and move consensus, bi- wait to hold any hearings on a Su- refuse to consider a nominee during an partisan proposals. I had hoped Chair- preme Court nominee until the next election year stands as a cynical af- man GRASSLEY would approach the President, whether it is a Republican front to our constitutional system, and task of confirming our next Supreme or a Democrat, is elected and sworn in. it misrepresents our history. The Sen- Court Justice with the same sense of This position is shared by all of my Re- ate has a long tradition of working to fairness and integrity. I still hope that. publican colleagues on the Senate Ju- confirm Supreme Court Justices in But I was very disappointed to learn diciary Committee, consistent with the election years. One need look no fur- that yesterday Chairman GRASSLEY Senate’s powers in the appointment of ther than sitting Associate Justice An- gathered only Republican committee Federal judges and supported by histor- thony Kennedy, a Supreme Court members in a private meeting where ical precedent.

VerDate Sep 11 2014 00:26 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.031 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S979 In response, some of my colleagues to hear and rule upon any of the cases six, as it has been in the last two full on the other side of the aisle and many that are currently on the Court’s dock- terms of Justice Scalia’s service on the in the media have resorted to all man- et or any of the cases that are before Court. ner of counterarguments, ranging from the Court in this term. In other words, Let’s not forget what should be obvi- the historically and constitutionally it would be historically anomalous for ous: The sky does not fall when a 4-to- inaccurate to the absurd, and in many any of the cases currently pending be- 4 split occurs on the Supreme Court; cases, the claims made by some of my fore the Court to be decided this term rather, the decision of the lower court colleagues today flatly contradict their by a nine-member Supreme Court no is left standing. And if there is the own statements from the past. matter what the Senate chooses to do prospect of a 4-to-4 split on a particu- I believe the plain meaning of the regarding any future nominee. larly salient matter, the Court always Constitution and the historical record Let’s put this in perspective. In this has the option of scheduling or re- are sufficiently clear to stand on their scenario—a scenario endorsed by Sen- scheduling the hearing for a later time own as evidence that there is abso- ate Democrats—it is highly unlikely when the Court will have all nine Jus- lutely nothing unprecedented and abso- that the nominee to fill Justice tices presiding and hearing the case. lutely nothing improper about the Sen- Scalia’s seat would hear oral argu- Finally, a vacancy on the Court last- ate choosing to withhold its consent of ments until the beginning of October, ing through the Presidential election a President’s nominee to the Supreme literally just a few weeks before the season will have no greater effect on Court, so I would like to focus on one Presidential election. This proves that the Court’s ability to decide cases than particular allegation offered by some the main argument made by President any number of instances in the past of my colleagues on the other side of Obama and his allies is based on a where the Court has had to decide mat- the aisle. myth. In their telling, the Senate’s ters with eight Justices or even fewer. With the letter and the spirit of the choice to withhold consent of a nomi- As recently as the Court’s 2010-to-2011 Constitution, as well as their own nee would deny President Obama a Su- term, the Court had to decide over 30 words standing against them, many preme Court Justice who will serve cases with eight or fewer Justices, al- have turned to fearmongering in a last- during his final year in the White most entirely as a result of recusals ditch effort to win the debate. They House, but in reality, it is unlikely arising from Justice Kagan’s nomina- claim that leaving Justice Scalia’s seat that the President’s nominee will join tion. vacant until the next President nomi- the Supreme Court until the country is Likewise, following the retirement of Justice Powell in 1987, the Court had to nates a replacement would somehow just weeks away from choosing Presi- act on 80 cases with 8 or fewer justices. inflict a profound institutional injury dent Obama’s replacement. I think This was a result of Democratic opposi- on the Supreme Court by disrupting most Americans recognize the problem tion to Judge Bork and the eventual the resolution of this term’s cases be- of a President having the ability to re- late-February confirmation of Anthony fore the Court, a term including impor- shape the Supreme Court in his image Kennedy, coupled with dozens of tant cases on abortion, immigration, on his way out of office, and that is ex- recusals by Kennedy and other Justices religious liberty, and mandatory union actly why the Senate is choosing to withhold its consent in this case. This later in that term. dues, among others, ensnaring the In the October term of 1945, the Court is the right course not because of any- Court in endless gridlock with an even- functioned as an eight-member body thing the Senate does or does not do ly split eight Justices on the bench and while Justice Robert Jackson was serv- leaving it short-staffed for an unprece- and not because of anything the Presi- ing as a prosecutor in Nuremberg, act- dented and potentially prolonged pe- dent does or does not do, it is simply a ing on a full term’s caseload without riod. Here, the doomsayers are on weak function of the unfortunate timing of him. Tellingly, when Justice Jackson ground, indeed. Let’s look at each of Justice Scalia’s death. Claims to the expressed concern about missing so these claims in turn. contrary are flatly contradicted by an many cases and actually considered re- First, is it true—as many have empirical analysis of the Court’s his- turning early for that reason, Justice claimed—that the business of the Su- tory. Felix Frankfurter wrote to encourage Second, the Senate’s decision to preme Court will be obstructed or oth- Justice Jackson to stay on as a pros- erwise disrupted if the Senate with- withhold consent will not lead to an in- ecutor, stating that his absence was holds its consent of President Obama’s tractable impasse or hopeless gridlock, not ‘‘sacrificing a single interest of im- nominee? Absolutely not. even if the eventual appointee were to portance.’’ Compared to today, the In recent history—in fact, since the miss the entirety of the next term, Court had a larger workload and issued nomination of Justice Scalia to the Su- which starts in October of 2016 and runs many more opinions during that term preme Court in 1986—it has taken more until the end of June 2017. in which Justice Jackson was absent. In each of its previous 5 terms, the than 70 days on average for the Senate This suggests that a vacancy of a simi- current Court has decided only 16 cases to confirm or reject a nominee after lar duration as Jackson’s full-term sab- on average—or 23 percent of its case- that nominee has been formally sub- batical would be even less damaging to load—by a 5-to-4 majority, and Justice mitted by the President to the Senate the Court’s functioning than the ab- Scalia was 1 of the 5 Justices in the for its advice and consent—more than sence of Justice Jackson—an absence majority in those 5-to-4 cases only 70 days on average. In many cases, it that, to reiterate, did not sacrifice ‘‘a about half of the time on average. That has taken far longer for the Senate to single interest of importance.’’ grant or withhold its consent. It took means that the vacancy left by Justice The next President’s future nominee this body 108 days to reject Judge Rob- Scalia would result in about eight is unlikely to miss as many cases as ert Bork and 99 days to confirm Justice cases out of dozens being decided by a Justices Kennedy or Jackson missed. Clarence Thomas. 4-to-4 split. In fact, in the last term These are the facts, Mr. President. Presuming the modern historic aver- served by Justice Scalia, the last com- They can’t be ignored nor can they be age would hold true for any future plete term, he was in the majority in wished away. If we are going to have a nominee, even if President Obama were only six of those 5-to-4 cases, and in serious, honest debate about the va- to announce and refer a nominee to the the year before that, the preceding cancy left by Justice Scalia’s tragic Senate today for our advice and con- term, Justice Scalia’s second to last passing, we must proceed on the basis sent, the process would carry through term, he was in the majority in only of these facts. until at least early May. But, signifi- five of the cases decided by a 5-to-4 ma- Thank you, Mr. President. cantly, the Supreme Court stops hear- jority. What does this mean? Well, it I yield the floor. ing cases in April, which means that means that it is likely that the effect The PRESIDING OFFICER. The Sen- even if President Obama were to an- of his absence on the final vote and ul- ator from New Hampshire. nounce a nominee today, right now, timate disposition of cases will be Mrs. SHAHEEN. Mr. President, since and even if the Senate were to confirm lower than even the average suggests. the beginning of our Nation, the U.S. that nominee in a period of time con- Instead of eight cases being decided by Senate has maintained an important sistent with historical standards, that a 4-to-4 split in Justice Scalia’s ab- bipartisan tradition of giving fair con- individual would not be seated in time sence, it is likely to be closer to five or sideration to Supreme Court nominees.

VerDate Sep 11 2014 00:26 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.033 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S980 CONGRESSIONAL RECORD — SENATE February 24, 2016 Article II, section 2 of the Constitution for so long can hardly be overstated. clearly. Elections have consequences, is unambiguous about the respective Most significant, a long-standing va- and President Obama must carry out duties and responsibilities of the Presi- cancy would compromise the Court’s the constitutional responsibilities and dent and the Senate when there is a ability to perform one of its most im- duties of his office by nominating a Supreme Court vacancy. The Founders portant functions, that is, establishing successor for Justice Scalia. The Presi- did not intend these roles to be op- a uniform rule of law for the entire dent is simply doing the job that the tional or something to be disregarded. country. American people elected him to do. Article II also states that the Presi- Every Senator here has sworn to sup- The President doesn’t stop working dent shall hold his office during the port and defend the Constitution—full simply because it is an election year. term of 4 years, not 3 years or 3 years stop. That is the oath we have taken. He has more than 300 days left in of- and 1 month, but 4 full years. Our oath doesn’t say to uphold the fice, as do the Senators who will face The Constitution plainly says that it Constitution most of the time or only the voters this November. Congress is the President’s duty to nominate a when it is not a Presidential election should not stop working, either, in this Supreme Court Justice and it is the year or only when it is convenient for election year and should earn their full Senate’s duty to provide advice and us or only when we like the ideology paycheck. consent on that nomination. Through- that is being presented to us. Our oath So my message is clear. Do your job. out our history, Senators have done says to uphold and defend the Constitu- It is our responsibility to take up the their constitutional duty by consid- tion every day, no matter what the nominations the President will submit ering and confirming Supreme Court issue is that comes before us. The to us. And I think the American people Justices in the final year of a Presi- American people expect us as Senators will ultimately demand that the Sen- dency. In fact, the Senate has done to be faithful to our oath. They also ex- ate do its job and not threaten to stop that 14 times, most recently in 1988, pect us to do our jobs regardless of working simply to coddle and pander to when the Senate confirmed Justice An- whether it is a Presidential election the most extreme fringe elements of its thony Kennedy, who was President year. base, as was done when the government Reagan’s nominee to the Supreme I believe we should respect our oath shut down a few years ago with the Court. He sent that nomination over to of office. I believe we should do the job flirtation of a default on the full faith the Democratic majority in this body. we were sent here to do by the Amer- and credit of the U.S. Government. Almost 28 years ago exactly to the day ican people. I believe we should follow Just as the President is carrying out in February of 1988, the Democratic the Constitution. As former Justice his constitutional duties, so should the majority in the Senate confirmed Re- Sandra Day O’Connor said last week, Senate. My colleagues in the Senate publican President Ronald Reagan’s ju- and I quote again, ‘‘I think we need took an oath to support the Constitu- dicial nomination, Anthony Kennedy, somebody [on the Supreme Court] now tion. It is only February, leaving the unanimously 97–0. They didn’t debate to do the job, and let’s get on with it.’’ Senate plenty of time before the elec- whether it was a Presidential year and I say, let’s get on with it. tions to consider a nomination that whether they could act. It was in the I yield the floor. President Obama will make in the middle of a hard-fought election. It was Mr. President, I suggest the absence coming weeks. not at all clear what the outcome of of a quorum. I find it disgraceful that my Repub- that election was going to be. The PRESIDING OFFICER. The lican colleagues would try to obstruct Since 1975, the average length of time clerk will call the roll. the nomination before the nominee has from nomination to a confirmation The bill clerk proceeded to call the even been named. Our job as Senators vote for the Supreme Court—that is roll. is to examine the qualifications of the the average length of time; sometimes Mr. CARDIN. Mr. President, I ask nominee for the position. The Senate it has taken longer and sometimes it unanimous consent that the order for should get to work once President has been shorter—but since 1975, the the quorum call be rescinded. Obama makes his nomination, in a average length of time has been 67 days The PRESIDING OFFICER. Without process that usually takes around two because our predecessors in the Senate objection, it is so ordered. months. recognized how important it is for the Mr. CARDIN. Mr. President, I join If you look over the history of nomi- Supreme Court to be fully functioning. the Nation in offering my heartfelt Unfortunately, this week we are see- nations that have been made by a condolences to the family and friends ing this bipartisan tradition regarding President on Supreme Court nominees the Court being put at risk. Yesterday of Justice Scalia, who was an Associate in the amount of time the Senate has we heard the majority leader say that Justice of the U.S. Supreme Court. For considered those nominations, the av- if the President nominates a person to more than three decades, Justice erage is 2 to 3 months. Let me remind the Supreme Court—any person, no Scalia devoted himself to the rule of you, we have almost a year left in this matter how superbly qualified—there law and public service at the highest term of Congress. There is plenty of will be no hearings and no vote. We levels. Whether you agreed or disagreed time. The Senate Judiciary Committee even heard some Senators say they with his decisions, there is no debate has historically reported nominees to would refuse to meet with any poten- about Justice Scalia’s profound impact the floor even if the nominee did not tial nominee. I think that is very un- on the Supreme Court. He served his garner a majority vote in the com- fortunate. country with great honor. mittee. And then let the Senate work It is unfortunate for a number of rea- I was privileged to serve as a member its will to either confirm or reject the sons, probably first and foremost be- of the Judiciary Committee when I President’s nominee. cause the people of the United States first joined the Senate. I participated The tradition of the Senate is to expect us to work together here in in confirmation hearings for judicial allow each Senator to vote yea or nay Washington to do the job of the coun- nominees for both President Bush and on a nomination to the Supreme Court try—to do the jobs we were elected to President Obama, including the hear- of the United States. That has been the do—and because the current Presi- ings for Justices Sonia Sotomayor and tradition of the Senate. Of course, dent’s term ends in January of 2017. Elena Kagan. every Senator has the right to vote no. That is more than 300 days from now. The Constitution spells out quite Senators were elected for 6-year terms During that time, the Supreme Court clearly what happens when a vacancy by the citizens of their State and have will hear many important cases, but if occurs on the Supreme Court. Article the right and obligation to vote. Presi- the majority in the Senate has their II, section 2, of the Constitution states dent Obama was elected by the people way, the Court will do so without a full that the President ‘‘shall nominate, of the United States for a 4-year term roster of Justices. and by and with the Advice and Con- and has the right and obligation to As Brianne Gorod of the Constitution sent of the Senate, shall appoint . . . nominate. Accountability Center has said, and I Judges of the supreme Court.’’ History has shown that when the quote: The American people twice elected roles were reversed and the Democrats The consequences of the Supreme President Obama to 4-year terms in of- held the majority in the Senate, Su- Court being without all nine justices fice. Their voices have been heard very preme Court and judicial nominees for

VerDate Sep 11 2014 00:26 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.034 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S981 Republican Presidents were given hear- to say we are not going to allow the 4-to-4 ties. Under that scenario, the di- ings and up-and-down votes regardless full complement to be there? vision of the lower court stands, even of when the vacancy occurred. Justice I am also privileged to serve as the when there is a split among the cir- Kennedy was confirmed to the Supreme ranking member of the Senate Com- cuits where only the Supreme Court Court in the last year of President mittee on Foreign Relations and the could and should clarify the law. This Ronald Reagan’s final term in 1988. ranking member and former chair of will lead to more uncertainty, litiga- Other examples of Presidential elec- the Helsinki Commission. I must tell tion, wasted time and resources, and tion-year confirmations include Jus- my colleagues, as I meet with heads of ultimately delay and deny justice for tice Murphy in 1940, Justice Cardozo in foreign governments, parliamentarians the American people. 1932, and Justice Brandeis in 1916. And and judges overseas, I feel great pride It would be a great tragedy—and po- the Democratic-controlled Senate con- in that America has created inde- tentially do long-term damage to the firmed numerous judicial nominees of pendent judges where a neutral fact- Supreme Court and the independent ju- President George W. Bush throughout finder decides the case based on the law diciary—if the Republican strategy of his final year in office, including near- and the facts and cannot be fired for delay and obstruction prevails. I urge ly a dozen judges in September 2008, making a decision that offends the gov- my colleagues: Do your job. Do your just weeks before the election of Presi- ernment or the politically powerful. I job. When the President submits the dent Obama. really do believe the Supreme Court nomination for the Supreme Court va- While I might have picked different and Federal judiciary are some of the cancy created by the death of Justice judges as a Senator, I voted to confirm crown jewels of our American system Scalia, schedule a timely hearing and the vast majority of President Bush’s of government and the envy of the establish a reasonable schedule for the judicial nominations in his final year world. That is why I am so disgusted Senate and each of its 100 Members to in office. I will continue to carry out and disappointed today with the major- vote yea or nay on the person the President submits as a nominee for the my constitutional responsibilities that ity’s attempt to abdicate their respon- Supreme Court. That is our responsi- I undertook when I became Senator sibilities as Senators and as Americans bility. We need to do our job. and swore to support the Constitution. by not doing their job and simply ob- structing the operation of good govern- Mr. President, I yield the floor. In my view, Justice Scalia would ex- The PRESIDING OFFICER. The Sen- pect nothing less than for the Presi- ance for partisan political purposes. I say that because the Republican mem- ator from Massachusetts. dent and the Congress to follow the let- Mr. MARKEY. Mr. President, former ter and spirit of the Constitution, our bers of the Judiciary Committee have written a letter saying they are not Chief Justice Warren Burger once ex- Nation’s most fundamental legal docu- plained the historical significance of ment. Justice Scalia wrote a 2004 opin- even going to take up this nomination. There will not even be any hearings. the U.S. Constitution as follows. He ion about the importance of having all Do your job. Our job is to consider a wrote that ‘‘in the last quarter of the nine Justices on the Supreme Court. nomination that is submitted by the 18th century, no nation in the world He stated that without a full com- President. was governed with separated and di- plement of Justices, the Court—I am What the Republicans are effectively vided powers providing checks and bal- quoting from Justice Scalia—‘‘will find trying to do is to temporarily shrink ances on the exercise of authority by itself unable to resolve the significant the Supreme Court from nine to eight those who governed.’’ legal issues’’ in pending cases and that Justices and shorten the term of the The Chief Justice went on to call the a vacancy ‘‘impairs the functioning of President from 4 years to 3 years. That Constitution ‘‘a remarkable docu- the Court.’’ is not in the Constitution. This is dis- ment—the first of its kind in all of Justice Scalia understood the impor- graceful and indefensible. Frankly, it human history.’’ Chief Justice Burger was right. The tance to have nine Supreme Court Jus- reminds me of the arguments Repub- Constitution is remarkable, and it is tices. Are we really going to allow licans used in 2013 when they accused remarkable not only for what it says there to be a vacancy for that ninth President Obama of trying to pack the seat for a year? but how it says it. court when they announced they would In some places the Constitution Former Justice Rehnquist, when he not support further nominees to the was an Associate Justice of the Su- speaks in poetry, like the Preamble U.S. Court of Appeals for the District that begins with ‘‘We the People of the preme Court in 1972, wrote that the of Columbia Circuit. No, President prospect of affirming lower court judg- United States,’’ and talks of ‘‘a more Obama was not trying to pack the perfect Union’’ and ‘‘the Blessings of ments by an equally divided court was court by changing the number of seats ‘‘undesirable’’ because ‘‘the principle of Liberty.’’ on the court. He was merely nomi- In other places, the Constitution is law presented by [each] case is left un- nating individuals to existing vacan- settled.’’ When there is a circuit split, simple prose, but given the importance cies on the court that were authorized of every single word in the text of the Justice Rehnquist continued, ‘‘the by Congress by an enacted statute. Constitution, the Founding Fathers prospect of affirmance by an equally That is the President’s responsibility. wrote in plain, concise, and under- divided Court, unsatisfactory enough Let me remind my colleagues that standable language. in a single case, presents even more se- Congress has the authority to pass a That clarity can be found in the ad- rious problems where companion cases statute that is signed into law by the vice and consent clause of article II, reaching opposite results are heard to- President or by overriding his veto. section 2. Its words could not be clear- gether here. . . . [A]ffirmance of each What Congress cannot and the Senate er. It simply states that the President of such conflicting results by an equal- should not do is purport to shrink the of the United States ‘‘shall nominate, ly divided Court would lay down ‘one size of the court, be it the Supreme and by and with the Advice and Con- rule in Athens, and another rule in Court or district court or circuit court, sent of the Senate, shall appoint Am- Rome’ with a vengeance.’’ by simply refusing to even consider a bassadors, other public Ministers and What Justice Rehnquist was saying nominee until the next President takes Consuls, and Judges of the supreme is when we have different appellate office. Court.’’ court decisions—one circuit ruling one If this decision by the Republicans is There is no ambiguity there. It is not way and another circuit ruling another allowed to stand, it would create an ar- an invitation to reinterpretation. The way—they come to the Supreme Court, tificial vacancy for over a full year, President’s obligation under the Con- we have conflicting interpretations, spanning two terms of the Court, which stitution is crystal clear. He shall and we have the Supreme Court of the would be unprecedented since the Civil nominate someone to fill a vacancy on United States to resolve that dif- War. We recall that after the last cen- the Supreme Court. ference. tury, Supreme Court nominees have re- President Obama has stated that he What happens if there is a 4-to-4 ceived timely hearings and consider- will fulfill his obligation and send the vote? We have different rules in the ations by the Senate Judiciary Com- Senate an eminently qualified nominee Fourth Circuit than in the Third Cir- mittee and the full Senate. to fill the vacancy created by the un- cuit. That is why we have a Supreme It matters if the Supreme Court is fortunate passing of Justice Antonin Court. And for a year-plus we are going not fully operational and gridlocks in Scalia.

VerDate Sep 11 2014 00:26 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.035 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S982 CONGRESSIONAL RECORD — SENATE February 24, 2016 When President Obama does that, it Court’s recent 5-to-4 decisions to un- The PRESIDING OFFICER (Mr. LEE). will be the Senate’s turn to fulfill its derstand why Republicans prefer a va- Without objection, it is so ordered. obligation under the Constitution. cancy on the Supreme Court. With only Mr. BLUMENTHAL. Mr. President, I The text of the Constitution on the eight justices instead of nine, the am here today to urge this body to ful- Senate’s responsibility is similarly Court’s decisions can deadlock with a fill its constitutional duty and take ac- clear. The Senate is to provide its ad- 4-to-4 vote. A tie vote leaves in place tion on the Supreme Court nominee vice and consent. Let me repeat that. the lower court decision that has been who shortly will be submitted by Presi- The Senate is to provide its advice and appealed to the Supreme Court. A 4-to- dent Obama. I come here not only as a consent. 4 deadlock can have far-reaching con- U.S. Senator but also as a former Fed- Advice and consent does not mean sequences. eral prosecutor, a U.S. attorney in Con- the Senate disregards the Constitution Take Bush v. Gore, the 2000 decision necticut from 1977 to 1981, a former and ignores a nomination to the Su- that stopped Florida’s vote recount in State attorney general for 20 years, preme Court. It is advice and consent, the 2000 Presidential election. Bush v. and a veteran of four arguments before not avoid and contempt. Gore was decided by a 5-to-4 vote. If a the U.S. Supreme Court. I am also here The advice and consent clause is not seat on the Supreme Court had been as a former law clerk to Justice Harry the constitutional equivalent of Roger vacated, resulting in a 4-to-4 vote, then Blackmun, and I share with the Pre- Maris’s home run statistics. There is the outcome of that election could siding Officer the experience of having no asterisk in the Constitution that di- have been different. had that supremely important and rects readers to small print that says So that is pretty much the con- formative experience, and, of course, it ‘‘except in an election year.’’ There is sequence here. It is going to have, shapes my view as well of the Court. no fine print in the Constitution that without question, some impact on how I have immense respect and awe for says the Senate is to give its advice these decisions are going to be made, the position and power and eminence of and consent except in the last year of but it is without any full comprehen- the U.S. Supreme Court, its role in our a President’s term. sion of what that change could be, only democracy, and its history of scholar- Despite the clear constitutional in- because nine human beings are in- ship and public service. I have the same struction on how the executive and leg- volved, but there is a responsibility admiration for Justice Antonin Scalia, islative branches are to handle a va- that we have in the Senate to ensure and I take this moment to remember cancy on the Supreme Court, the Re- that we, in fact, have a full Supreme his uniquely American life. publicans on the Judiciary Committee Court. As the son of an immigrant, he was a yesterday unilaterally decided they The President shall nominate. That dedicated public servant, a gifted writ- would not hold a hearing on a Supreme is without question the duty he has. We er, and a powerful speaker. I heard him Court nominee to fill Justice Scalia’s shall provide advice and consent. That speak on a number of occasions and ar- seat until after the upcoming Presi- is our duty. We don’t have to give con- gued before him in the Court in a num- dential election. This partisan decision sent at the end of the day. We can have ber of memorable exchanges. His sense to obstruct is a drastic departure from a vote on the Senate floor to determine of humor and his quickness of wit and long-established practice and proce- whether someone is, in fact, going to insight remain with me now. As all of dure in filling Supreme Court vacan- be confirmed, but we have that con- my colleagues will attest, he dedicated cies. The Senate has routinely con- stitutional responsibility. his life to serving the public, which can firmed Supreme Court Justices in the There is still ample time for the be demanding and difficult at times, final year of a Presidency. In fact, it President to submit a nomination, for but his life showed, as we know, that has happened more than a dozen times, the Judiciary Committee to hold hear- the difficulties and the demands are most recently with the confirmation of ings on it, and for the full Senate to well worth the rewards. My thoughts Justice Anthony Kennedy during the vote on it. are with his wife Maureen and his en- last year of Ronald Reagan’s second The U.S. Constitution remains a re- tire family. term as President. In the last 100 years, markable document. Let us treasure it, My personal view, speaking only for the Senate has taken action on every not twist it. Let us respect it, not run myself, is that one way to honor Jus- Supreme Court nominee regardless of from it. Let us fulfill our constitu- tice Scalia is to adhere to the Constitu- whether the nomination was made in a tional obligations and have a hearing tion, to follow its words, which are Presidential election year. on the President’s nominee and a vote very explicit on the topic of nomi- So the American people now have to by the Senate. In other words, to the nating and confirming a Supreme deal with two vacancies: one on the Su- U.S. Senate: Do your job. It is in the Court Justice and which give us the preme Court and the other in the judg- Constitution. There is no way you can role of advising and consenting after ment of Senate Republicans because run from a clear interpretation of what the President has nominated. I hope we they seem willing to go to unprece- the Constitution requires us to do once will fulfill our constitutional duty to dented lengths to stop this constitu- the President has nominated a new advise and consent—to do our job, lit- tionally mandated process from mov- candidate for the Supreme Court. erally, to do our job as we were elected ing forward. There are direct instructions for the and took an oath of office to do. That Republican Senators’ reading words President in the Constitution and there is what we are paid to do—our job as into the Constitution to reach the re- are direct instructions for us in the prescribed by the Constitution. I fun- sult they want is no different from the Senate. damentally reject the notion that the so-called judicial activism on the Let us hope that after the President Senate’s refusal to act, as laid out in bench they routinely decry. nominates a candidate, that this body no uncertain terms by my Republican The Republicans would rather shirk deliberates, listens to all the testi- colleagues, fulfills this obligation. In their constitutional responsibility than mony, and then has a vote on whether fact, the abdication of responsibility let President Obama appoint another that person is qualified to serve on the through this rejection is disrespectful Justice to the Court. They would rath- Supreme Court, but the only way that to that document and to the Court er deprive the country of a fully func- is going to happen is if this body does itself. tioning Supreme Court than fulfill its job. So we ask the Members of the President Obama has indicated that their constitutional duty, not just for majority to ensure that happens. he is currently engaged in a thoughtful the remainder of this term but for the Mr. President, I yield the floor. and deliberative process, working to se- next term of the Supreme Court as I suggest the absence of a quorum. lect a nominee with the intellect and well. The PRESIDING OFFICER. The integrity that will persuade the Amer- Now, why is that? Well, because a clerk will call the roll. ican public and hopefully also the Sen- Justice of the Supreme Court has only The senior assistant legislative clerk ate to support his suggestion. His nom- one vote, but a single seat on the Court proceeded to call the roll. ination would allow the Supreme Court and a single vote that comes with it Mr. BLUMENTHAL. Mr. President, I to function again with the nine mem- can carry enormous significance. We ask unanimous consent that the order bers who are essential to its delibera- need only look at this divided Supreme for the quorum call be rescinded. tion.

VerDate Sep 11 2014 00:26 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.037 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S983 The conclusions my colleagues ad- bility. It enforces obeyance by virtue of Mr. WHITEHOUSE. Mr. President, we vance during such a process will, of that credibility. are here on this conflict we have over course, be to each of them to decide. I This posture by my Republican col- a Supreme Court nominee, which has will be, in fact, among the most exact- leagues threatens to drag a vital, non- turned into a considerable, unprece- ing and demanding of our colleagues partisan institution into the morass of dented fuss, I believe, for a fairly sim- who question that nominee in a hear- procedural gamesmanship and elec- ple reason. The elephant, so to speak, ing, who seek answers in screening and toral mudslinging—the kind of game in the room is that the Court has be- researching the expertise and experi- playing and gamesmanship that has so come a political actor under Chief Jus- ence of that person. In no way should disillusioned and dismayed Americans tice Roberts. The rightwing bloc on the the Judiciary Committee, on which I more broadly. Court delivered politically because it serve, or the U.S. Senate, where we all As I have discussed this process with had a 5-to-4 majority. Now their right- serve, act as a rubberstamp. No way. the people of Connecticut, I have heard wing majority is gone, and Republicans No rubberstamp. We must advise as outrage over this attempt to hamstring are predictably upset. well as consent, and advising means the Supreme Court, which looks like Justice Frankfurter admonished: being demanding and careful. But I the recent, similarly illogical process But it is not the business of this Court to think we have an obligation to go of shutting down the government. pronounce policy. It must observe a fas- through that process. We can’t just If my Republican colleagues want to tidious regard for limitations on its own say, sight unseen, no. We can’t say that reject a nominee, that is their right. power, and this precludes the Court’s giving we are going to leave it to the next After a hearing, they can vote no. They effect to its own notions of what is wise or elected Senate or the next elected may have reason, and those reasons politic. President. We have been elected and he may be subjective or fact-based and ob- Well, that was then. The five-judge has been elected to do our job. jective. But to simply deny any consid- bloc on the Roberts Court, of which The Supreme Court must have a full eration—even a meeting with a nomi- Justice Scalia was an essential part, complement of Justices to effectively nee—is stark obstructionism. It is an systematically and predictably pro- address some of the most complex extreme version of the phenomenon nounced policy in favor of three things: issues and consequential legal chal- that has frozen this body for much too No. 1, conservative ideology; No. 2, the lenges our Nation faces today. Put long. welfare of big corporations; and No. 3, aside the merits of each—whether it is The majority campaigned in 2014 on the electoral well-being of the Repub- immigration or affirmative action, restoring law and getting things done. lican Party. And people noticed. Linda women’s reproductive rights, voting They promised Americans everywhere Greenhouse wrote that it is ‘‘impos- rights—decisions are needed. The lack that the new Senate majority would sible to avoid the conclusion that the of decision has consequences, just as usher in an end to gridlock on Capitol Republican-appointed majority is com- elections have consequences. Hill. We made some progress—too slow, mitted to harnessing the Supreme Obstruction has consequences, too, too little—but moving in the right di- Court to an ideological agenda.’’ Other and we cannot afford to weaken the rection will be forestalled, if not noted Court watchers, such as Norm Federal judiciary’s capacity for effec- doomed, by this obstructionism, and Ornstein and Jeffrey Toobin, agree. As tive governance. We can’t allow a man- these promises would be broken if the Jeffrey Toobin noted, the pattern of de- ufactured crisis in the Senate to plunge Senate refuses to act. cisions ‘‘has served the interests, and another branch of government into At this critical time, we cannot hold reflected the values, of the contem- gridlock and to plague the judiciary the highest level of an entire branch of porary Republican party.’’ Columnist with the same partisan paralysis that government hostage because of polit- Dana Milbank observed of a recent de- is so detested by the American people. ical gamesmanship. That is not what cision that ‘‘the Roberts Court has In fact, the rejection of our constitu- the American people elected us to do, found yet another way to stack the tional responsibility to do our job and it is not what the American people deck in favor of the rich.’’ The Court would epitomize the gridlock and par- deserve. Doing so would dishonor the has become so political that Justices tisan contention that America finds so bipartisan tradition of providing a Scalia and Thomas have attended the abhorrent today. Like my colleagues, I hearing and a vote for a Supreme Court Koch brothers’ secretive annual polit- go around the State of Connecticut, nominee, which is our constitutional ical conference. Just this week, Ms. and what people say to me more com- obligation and has been followed by Greenhouse wrote, ‘‘[T]he conservative monly than anything else is ‘‘Why past Senates. majority is permitting the court to be- can’t you do your job? Why can’t you Even when a nominee during Presi- come an agent of partisan warfare to get stuff done?’’ Let’s get this done. dent Reagan’s Presidency was nomi- an extent that threatens real damage Statements by Majority Leader nated 14 months before the election to the institution.’’ MCCONNELL and Chairman GRASSLEY, and even though the vote came during It is not just the Court watchers who as well as a number of my other col- the last year of that President’s term have noticed; less than one-third of leagues, have indicated that President in office, Justice Kennedy was con- Americans have confidence in the Su- Obama’s nominee to the highest Court firmed. We should do the same. Why preme Court. Americans massively op- in the land should not even be consid- not? There is plenty of time between pose its Citizens United decision—80 ered, but turning our backs on that now and then to give deliberate due percent against, with 71 percent constitutional obligation to act would consideration to the President’s nomi- strongly opposed. Most tellingly, by a be equivalent to shutting down the nee. ratio of 9 to 1, Americans now believe government. It is of exactly the same I hope that the outrage and outcry the Court treats corporations more fa- kind of consequence. It may not be as from the American people will per- vorably than individuals. Even con- far-reaching in its immediate effect, suade my colleagues to reconsider, re- servative Republicans agree, by a 4-to- but it has the same long-term con- flect, and reverse this disastrous 1 margin, that this Court treats cor- sequences, which are not merely to pre- course. In fact, I believe they will re- porations more favorably than individ- vent decisions and actions from hap- lent because this course is dangerous uals. pening—necessary decisions and ac- to the Court, damaging to our Nation, Let’s take a look at the Court’s deci- tions—but also to undermine credi- and ultimately destructive to our de- sions in these three areas: election pol- bility and faith and trust in our gov- mocracy. itics, corporate interests, and the con- ernment. Mr. President, I yield the floor. servative social agenda. When it comes to the Congress or the The PRESIDING OFFICER. The Sen- In elections decisions, the Court’s President, maybe that credibility is of ator from Rhode Island. Republican-appointed majority always lesser importance, but it is a chief Mr. WHITEHOUSE. Mr. President, I seems to come down on the side that asset of our judiciary. The Supreme ask unanimous consent to speak for up helps the election prospects of the Re- Court of the United States has no ar- to 20 minutes. publican Party. mies or police force. It commands the The PRESIDING OFFICER. Without The Voting Rights Act, for example, Nation’s respect through its credi- objection, it is so ordered. protects minority access to the ballot,

VerDate Sep 11 2014 04:01 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.038 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S984 CONGRESSIONAL RECORD — SENATE February 24, 2016 and in States that had long histories of Vieth v. Jubelirer, four Republican cedure that had no exception for the discriminating against minority vot- Justices announced that they would no health of the mother. ers, it required preclearance of voting longer question whether gerry- As Justice Ginsburg stated in her dis- restrictions. In the 5-to-4 Shelby Coun- mandering interfered with any con- sent: ‘‘[T]he Act and the Court’s de- ty decision, the Republican-appointed stitutional voting rights. One, Justice fense of it cannot be understood as Justices gutted that preclearance re- Kennedy, left a glimmer of light, but anything other than an effort to chip quirement. Predictably, the result was the practical effect was to announce almost immediate enactment across away at a right declared again and open season for gerrymandering. As the again by this Court—and with increas- many States of voter-suppression laws. American Bar Association’s publica- The Washington Post described, for in- ing comprehension of its centrality to tion on redistricting has noted, ‘‘The women’s lives.’’ stance, the ‘‘surgical precision with Court’s recent decisions appear to give which North Carolina Republicans ap- legislators leeway to preserve partisan If the conservative win rate in the proved certain forms of photo IDs for advantage as zealously as they like Court is striking, the corporate one is voting and excluded others.’’ Texas, for when drawing district lines.’’ In prac- even more so. A recent study found the another instance, allowed gun permits tice, gerrymandering of Congress Roberts Court more favorable to busi- for voting but not State university IDs. squarely benefited Republicans. ness interests than its predecessors, And even where these voter-suppres- A third example is campaign finance with all five members of the recent sion laws ultimately fail in court, Re- decisions, the most noticeable being rightwing bloc among the top 10 most publicans still gain the benefit of fewer Citizens United, but a constellation of business-friendly judges in the last 65 Democrats in the electorate while they decisions surrounds Citizens United, years. Chief Justice Roberts was No. 1 are litigated. beginning with Justice Powell’s 1978 and Justice Alito No. 2. The conservative judges’ decisions on opinion in First National Bank of Bos- gerrymandering are a second example. Studies showed the Roberts Court ton v. Belloti. The careful work of Re- ‘‘Gerrymandering’’ is named after Mas- following the legal position of the U.S. publican appointees on the Court over sachusetts Governor Elbridge Gerry Chamber of Commerce, which is a de many years to open American politics and his efforts to shape the district of facto organ of the National Republican to corporate spending has conferred ob- a State senator he needed to protect. A Party, 69 percent of the time, up from clever modern variant of gerry- vious political advantage to the Repub- 56 percent during the Rehnquist Court mandering has emerged—bulk gerry- lican Party, and, as many news outlets and 43 percent during the Burger mandering—which looks at the whole reported, it was Republicans who Court. Connect the dots. The Repub- congressional delegation of a State. cheered the Citizens United decision. licans are the party of the corpora- This tactic isolates Democrats into So, in elections, it is three for three tions, the judges are the appointees of small, supersaturated Democratic dis- in favor of the Republican Party. the Republicans, and the judges are de- tricts so that majority-Republican dis- Turning from elections to the con- livering for the corporations. It is tricts can be created out of the remain- servative agenda on social issues, such being done in plain view. as religion and abortion and gun con- der of the State. Many Chamber victories were signifi- By manipulating the districts this trol, let’s start with the District of Co- cant, such as making employment dis- way through its so-called REDMAP lumbia v. Heller decision, a Second crimination harder to prove, letting project, Republicans delivered congres- Amendment decision in which this manufacturers and distributors fix sional delegations that didn’t reflect same five-man bloc created, for the minimum prices for retail goods, let- the State’s popular vote, over and over. first time in our history, an individual ting mutual funds advisers include For instance, when Pennsylvania vot- right to keep firearms for self-defense. ers went to the polls in 2012, Demo- As recently as 1991, this doctrine was misstatements made by others in the cratic votes for Congress outnumbered such a fringe theory that it was pub- documents they prepare for investors, Republican votes by a little over 80,000. licly described by retired Chief Justice and even Hobby Lobby, where the Pennsylvania also reelected President Warren Burger as ‘‘one of the greatest Court put the religious rights of cor- Obama that year and our colleague, pieces of fraud, I repeat the word porate entities over the rights of em- Democratic Senator BOB CASEY. But ‘fraud,’ on the American public by spe- ployees. Pennsylvania at that ballot sent a cial interest groups that I have ever Big corporations hate being hauled House delegation to Congress of 5 seen in my lifetime.’’ That was the the- into court and having to face juries, Democrats and 13 Republicans—more ory which five on the Court adopted. and the five Republican appointees pro- votes for Democrats, more Republicans As one author noted, ‘‘Five Justices on tected them by raising pleading stand- in the delegation by 13 to 5. the Supreme Court were able to rein- ards for victims, letting companies This was not just a Pennsylvania terpret, by some standards radically, push disputes into corporate-favored fluke. In 2012, Ohio voted for Barack the Second Amendment’s right to keep arbitration, restricting Americans’ Obama for President and returned our and bear arms as a personal, not a col- ability to press cases of large-scale Democratic colleague SHERROD BROWN lective right in Heller.’’ wrongdoing in class actions, making it to the Senate but sent 12 Republicans At the wall separating church and more difficult for workers to hold em- to Congress and only 4 Democrats. Wis- state, the bloc of five chipped steadily ployers accountable for workplace har- consin voted for Obama in 2012 and away: Christian crosses in public assment, and making it harder for con- elected progressive Senator TAMMY parks, Federal tax credits funding reli- sumers with serious side effects to sue BALDWIN to the Senate but sent five gious schools, Christian prayer at leg- the drug companies. Republicans and only three Democrats islative meetings. As constitutional Now before the Court is a case the to Congress. scholar Erwin Chemerinsky summed it five-man bloc has pursued for some The Republican organization behind up: ‘‘Rather than obliterating the wall time. It was expected that the five REDMAP bragged of this achievement. separating church and state all at I will quote REDMAP’s memo: once, the Roberts Court’s opinions are would use it to deal a significant blow [A]ggregated numbers show voters pulled dismantling it brick by brick.’’ to the political and economic clout of the lever for Republicans only 49 percent of Four decades ago, Roe v. Wade recog- unions, a great boon for the big cor- the time in congressional races, [but] Repub- nized a wall of privacy in the Constitu- porations. It also looked like the five licans enjoy a 33-seat margin in the U.S. were teeing up for the fossil fuel indus- House seated yesterday in the 113th Con- tion between the government and a woman’s private medical decisions. In try, a big victory against the Presi- gress, having endured Democratic successes dent’s Clean Power Plan. atop the ticket and over one million more this context, the court has long re- votes cast for Democratic House candidates quired State laws barring late-term There was a lot at stake in that fifth than Republicans. abortions to have an exception to pro- vote. There was a lot that was deliv- This gerrymandering ran wild be- tect the health of the mother. Then the ered because of that fifth vote. At 4 to cause in a Supreme Court case called Roberts Court upheld a ban on the pro- 4, the circuit court decision below

VerDate Sep 11 2014 04:01 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.040 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S985 stands. At 4 to 4, the challenged regula- The legislative clerk proceeded to The Paducah Sun recently published tion ordinarily prevails. call the roll. an article highlighting the impact Bill I will close with the big sockdolager: Mr. MCCONNELL. Mr. President, I Usher had on his friends, family, and Citizens United. It was once the opin- ask unanimous consent that the order community. I ask unanimous consent ion of the U.S. Supreme Court that ‘‘to for the quorum call be rescinded. that a copy of the article be printed in subject the state governments to the The PRESIDING OFFICER (Mr. the RECORD. combined capital of wealthy corpora- PERDUE). Without objection, it is so or- There being no objection, the mate- tions [would] produce universal corrup- dered. rial was ordered to be printed in the tion.’’ No more. The five judges behind f RECORD, as follows: Citizens United opened the floodgates [From the Paducah Sun, Feb. 15, 2016] REMEMBERING WILLIAM USHER for unlimited anonymous corporate BILL USHER REMEMBERED AS BENEVOLENT spending in elections. They found that Mr. MCCONNELL. Mr. President, I PUBLIC SERVANT corporate corruption of elections was wish to commemorate the life and leg- (By Kaylan Thompson) near impossible, and they caused a tsu- acy of a distinguished Kentuckian who Paducah leaders and friends remember Wil- nami of slime—to use a phrase that I has sadly passed away. William ‘‘Bill’’ liam ‘‘Bill’’ Usher as a driving force of lead- borrow—that we have seen in recent Usher of Paducah died this February ership and benevolence throughout the area election cycles. Such a brute role for 14, 2016, after a short illness. He was 86 and say his impact will be felt throughout the community for years to come. big corporations in our American Gov- years old. Bill was the owner and manager for ‘‘He’s a rare breed of community leader in ernment would shock the Founding Fa- Paducah,’’ said Bill Bartleman, McCracken thers who foresaw no important role in many years of Usher Transport, a fam- County commissioner and friend of Usher for our Republic for the corporations of ily-owned and operated Kentucky busi- nearly 40 years. ‘‘He was the old kind of lead- the time. ness founded in the 1940s. He was well ership, the behind-the-scenes leader that we To unleash that corporate power in known in Paducah and western Ken- used to have, the kind of people who weren’t our elections, the five conservative jus- tucky as a community leader, and he in the limelight. They just did what they tices had to go through some remark- was a friend of mine whom I saw often thought was right for the community.’’ in my travels through Paducah. Usher died early Sunday morning at able contortions. They had to reverse Morningside Assisted Living. He was 86. previous decisions where the Court had Bill gave generously of his time and Bartleman, a former legislative reporter said the opposite. They had to make up resources to many organizations, char- with The Sun, first got to know Usher while facts that were then predictably and ities, and causes. He served as both covering community and political move- are now demonstrably wrong. They had president and chairman of the Greater ments in the 1970s. During that time, Usher to create a make-believe world of inde- Paducah Chamber of Commerce. He proved a helpful source and political liaison. served with Greater Paducah Industrial ‘‘He was a major force for our commu- pendence and transparency in election nity,’’ Bartleman said. ‘‘He did a lot to help spending that present experience be- Development, the Paducah Rotary Club, the Kentucky Motor Transport the community and did it quietly. He had lies, and they had to maneuver their contacts with political leaders, and he own judicial procedures to forestall a Association, and National Tank Truck worked with them to get benefits for the factual record belying the facts they Carriers. community. He did things that people prob- were making up. Bill was a board member of Citizens ably didn’t know about and would have been It was a dirty business with a lot of Bank and helped found Paducah’s first hard to document because he worked so signs of intent, and it has produced evil industrial development group. He was humbly.’’ the chairman of the Barkley Regional Usher’s political and civic resume includes results that we live with every day. All an array of titles, including chairman of the of this—Republican election advan- Airport board of directors. He was also the chairman of the Board of Exhibit McCracken County Democratic Party, presi- tage, corporate welfare, the conserv- dent of the Greater Paducah Chamber of ative social agenda—is because the ac- Management in Louisville. Commerce, president of the Paducah Rotary tivists, corporatists, and rightwing Bill understood what it means to Club, and chairman of the Barkley Regional bloc had a fifth vote. That bloc of five serve from a young age. While studying Airport Board of Directors. did more for the far right, for the Re- at the University of Kentucky, he was ‘‘He was always supportive and always en- named outstanding cadet of the Air couraged good government,’’ Bartleman said. publican Party, and for its corporate ‘‘He wanted people to do the right thing. He backers than all of the Republicans in Force ROTC. Upon graduation in 1952, he served as a fighter pilot in the U.S. didn’t use his influence to benefit himself, he the House and Senate have been able to used it solely to benefit the community do. They delivered. Now it is 4 to 4 and Air Force and Air Force Reserves for through the bureaucracy of government.’’ that advantage is gone; hence the panic several years, retiring as a major. During Bartleman’s campaign for political While in the military, he served as an on the Republican side; hence the de- office, he added, Usher often reached out to air combat and gunner instructor at parture from plain constitutional text. him. Luke Air Force Base in Phoenix, AZ, ‘‘He said he was supportive of me as long Imagine any other constitutional as I would do what’s right for the community duty of the President that he failed to and with the 417th Tactical Fighter Squadron based in France and Ger- and the people,’’ he said. ‘‘Even in his senior do that would not cause uproar and years he was involved in politics and wanted outrage. There would be nobody on the many flying F–100s. He was awarded things done right, not to see people elected floor here because everybody would the Commendation Medal. In the 1960s, to help himself, but to see people elected have run off to FOX News to get their he moved back to Paducah to help who would do good government.’’ talking headshot in and talk about build the family business. That inspiration, Bartleman said, is the Bill was a native of Graves County torch Usher passed on to him and others, en- what a terrible thing the President had couraging them to lead with humility. done by violating his constitutional and attended the First United Meth- odist Church in Mayfield, KY. ‘‘What I learned from him is to just do the duty. Well, the President has a con- right thing and don’t seek publicity,’’ He leaves behind his wife Virginia stitutional duty—he shall nominate. Bartleman said. ‘‘In the long run you’ll be They are in a political pickle, but the ‘‘Ginger’’ Sabel Usher; two sons, Wil- rewarded, at least in knowing you benefited Constitution doesn’t care about the liam A. Usher, Jr., and Alan W. Usher; the community. Your involvement in any- politics. From the Constitution’s point a stepdaughter, Karen Elizabeth Reed thing should be to do what’s right and not Alpers; a stepson, James Boone Reed; seek self-gratification.’’ of view, the politics are just too darn Usher, a Mayfield native, was a graduate of bad. The Constitution directs the three grandsons, Ryan Lunsford Usher, William Patrick Usher, and William A. Mayfield High School and the University of President to make the appointment, Kentucky. and he should do his job. The Constitu- Usher III; three stepgrandsons, David He came to Paducah in 1960 following eight tion gives the Senate the job of advice Roscoe Reed II, William Murphy Reed, years of service in the U.S. Air Force, then and consent to the President’s nomi- and Ely E. Mazmanians; a taking on the family business, Usher Trans- nee. We should do our job just as the stepgranddaughter, Avary Frazier; ex- portation Co., as president. In recent years, he strongly supported sev- Constitution provides. tended family members Gabriel Vieira, Kathleen Overlin, Sabel Overlin, Max eral charitable organizations and the Padu- I yield the floor. cah Police Department. I suggest the absence of a quorum. Overlin, Elise Overlin, and Stacy While most of his work remained anony- The PRESIDING OFFICER. The Overlin; and many more beloved family mous, his chief involvement with the depart- clerk will call the roll. members and friends. ment was with Christmas Cops, a program

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.042 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S986 CONGRESSIONAL RECORD — SENATE February 24, 2016 engaging police with area families and youth these two critical legislative initia- food, drugs, medical devices, cosmetics, through shopping for gifts and necessities. tives, along with the civil rights com- and vitamin supplements. ‘‘Bill, being a huge supporter of the mis- munity, proved instrumental in mov- I believe that Dr. Califf, a Duke car- sion of the police department to build rela- ing these two bills through Congress. diologist and clinical trial researcher tionships with the community and the chil- dren, has been instrumental in affecting Leslie has been an effective and tire- endorsed by over 100 physician and pa- many, many lives in this community posi- less advocate in promoting diversity in tient groups, is well qualified to over- tively by either financial support or being our Federal judiciary so that our see this critical mission. there to support our efforts,’’ said Paducah courts are more representative of the I look forward to working with Dr. Police Chief Brandon Barnhill, a friend of his citizenry they serve. Our justice sys- Califf to implement key public health for many years. tem has been made a better one be- priorities, including examining ways to Usher’s support of the department began cause of her contributions. I commend tackle rising prescription drugs prices, when he initiated an annual fundraiser in Leslie for her years of service and wish improve clinical trials, and combat the support of the program in the 1990s. His ef- opioid epidemic. forts remained largely anonymous until the her the best as she moves forward in early 2000s, when he became a member of the her career. (At the request of Mr. REID, the fol- Christmas Cops board. f lowing statement was ordered to be ‘‘Whether it was financial or moral, he was printed in the RECORD.) always there in a supporting nature,’’ CONFIRMATION OF ROBERT ∑ Mrs. MCCASKILL. Mr. President, I Barnhill said. ‘‘He was a big driving force be- CALIFF was necessarily absent for today’s vote hind much of what we do during the Christ- Mr. GRAHAM. Mr. President, I ask on the nomination of Robert McKinnon mas season. He was a well-grounded indi- my colleagues to join me in congratu- Califf to be Commissioner of Food and vidual, and he stayed true to his principles. lating Dr. Robert Califf on his con- Drugs, Department of Health and He would give you the shirt off his back if firmation today as Food and Drug Ad- Human Services. that’s what it took, and that’s putting it ∑ lightly.’’ ministration, FDA, Commissioner. Dr. I would have voted nay. A healthy community with thriving indi- Califf is a well-respected cardiologist f that hails from Anderson, SC,—very viduals was Usher’s goal, believing connec- BUDGET SCOREKEEPING REPORT tions and relationships were key to achiev- close to where I grew up. He has served ing it. our country and its medical needs in a Mr. ENZI. Mr. President, I wish to ‘‘He fully understood the value of men- variety of capacities. As a faculty submit to the Senate the budget toring and fostering a positive relationship member and professor at Duke Univer- scorekeeping report for February 2016. with the police and youth,’’ said Stacey sity, he founded the Duke Clinical Re- The report compares current law levels Grimes, retired assistant chief of criminal of spending and revenues with the investigations with the Paducah Police De- search Institute and served as vice partment. ‘‘We’re not always arresting peo- chancellor for clinical research. In ad- amounts provided in the conference re- ple or writing tickets, and he wanted them dition to his accomplishments during port to accompany S. Con. Res. 11, the to see us in a different light.’’ his tenure at Duke, he is an active budget resolution for fiscal year 2016. Grimes met Usher in 1994 at a Christmas member of several professional organi- This information is necessary to deter- Cops fundraiser, then called Shop with a Cop. zations, including committees of the mine whether budget points of order lie ‘‘He and his wife didn’t want any praise or Institute of Medicine of the National against pending legislation. It has been publicity for hosting the fundraiser,’’ Grimes Academies and the FDA. prepared by the Republican staff of the said. ‘‘He was extremely humble and was Senate Budget Committee and the Con- probably the most benevolent man that I’ve In 2015, Dr. Califf was named Deputy ever met. He never sought praise for what he Commissioner for Medical Products gressional Budget Office, CBO, pursu- did, not even a pat on the back.’’ and Tobacco for the FDA. In this role, ant to section 308(b) of the Congres- ‘‘He always worked everything behind the Dr. Califf is responsible for overseeing sional Budget Act, CBA. scenes. His work helped ensure the program and directing the Center for Drug Eval- This is the second scorekeeping re- is sustainable for the future. Because of what uation and Research, the Center for port for this calendar year but the Bill set up, I think it will be there for gen- Devices and Radiological Health, and sixth report I have made since adoption erations to come.’’ the Center for Tobacco Products. He of the fiscal year 2016 budget resolution Usher’s friends agree that helping others on May 5, 2015. My last filing can be was always his top priority. also oversees the Office of Special Med- ‘‘The hardest part of this is that we will ical Programs. found in the CONGRESSIONAL RECORD on never know how many lives Bill has posi- The broad bipartisan support for Dr. January 11, 2016. The information con- tively affected,’’ Barnhill said. ‘‘But we do Califf’s nomination is testament to his tained in this report is current through know there are many, many out there. It’s strong, transparent leadership and February 22, 2016. just the person that he was.’’ record of advancing medical break- Table 1 gives the amount by which f throughs. The FDA has been operating each Senate authorizing committee is without a confirmed Commissioner for below or exceeds its allocation under TRIBUTE TO LESLIE PROLL the past year, and I applaud the Sen- the budget resolution. This informa- Mr. LEAHY. Mr. President, I would ate’s confirmation of Dr. Califf. I look tion is used for enforcing committee like to recognize Leslie Proll, the di- forward to working with Dr. Califf as allocations pursuant to section 302 of rector of policy for the NAACP Legal he brings his expertise to addressing the CBA. Over the fiscal year 2016–2025 Defense and Educational Fund, Inc., for challenges facing the FDA and our Na- period, which is the entire period cov- her years of excellent public service as tion. ered by S. Con. Res. 11, Senate author- she begins a new chapter in her career. f izing committees have spent $147.9 bil- Since 1998, Leslie has served as policy lion more than the budget resolution director at LDF, where she has advo- VOTE EXPLANATION calls for. cated for the organization’s policy and Mr. WARNER. Mr. President, today Table 2 gives the amount by which legislative priorities. She has brought the Senate voted on the confirmation the Senate Committee on Appropria- her expertise to bear on advancing im- of Dr. Robert Califf to serve as Com- tions is below or exceeds the statutory portant Federal civil rights legislation missioner of Food and Drugs, Depart- spending limits. This information is and advocating for well-qualified, di- ment of Health and Human Services. used to determine points of order re- verse nominees to serve in our Federal While I was unable to vote today, I lated to the spending caps found in sec- judiciary and the executive branch. would have supported Dr. Califf’s nomi- tion 312 and section 314 of the CBA. On My staff has worked closely with her nation, just as I supported proceeding December 18, 2015, the President signed over the years, and she has been stead- to cloture on his nomination in Mon- H.R. 2029, the Consolidated Appropria- fast and unwavering in her commit- day evening’s vote. tions Act, 2016, P.L. 114–113, into law. ment to civil rights. Leslie provided in- The Food and Drug Administration This bill provided regular appropria- valuable support when Congress reau- has lacked a permanent Commissioner tions equal to the levels set in the Bi- thorized the Voting Rights Act in 2006 for almost a year, despite its role over- partisan Budget Act of 2015, P.L. 114–74, and passed the Lilly Ledbetter Fair seeing the safety of 25 percent of goods specifically $548.1 billion in budget au- Pay Act in 2009. Her contributions to sold in the United States, including thority for defense accounts, revised

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.030 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S987 security category, and $518.5 billion in TABLE 1.—SENATE AUTHORIZING COMMITTEES—ENACTED TABLE 3.—SENATE APPROPRIATIONS COMMITTEE—EN- budget authority for nondefense ac- DIRECT SPENDING ABOVE (+) OR BELOW (¥) BUDGET ACTED OVERSEAS CONTINGENCY OPERATIONS/GLOBAL counts, revised nonsecurity category. RESOLUTIONS WAR ON TERRORISM DISCRETIONARY APPROPRIATIONS Table 3 gives the amount by which (In millions of dollars) (In millions of dollars) the Senate Committee on Appropria- tions is below or exceeds its allocation 2016 2016–2020 2016–2025 2016 for Overseas Contingency Operations/ Agriculture, Nutrition, and For- BA OT Global War on Terrorism, OCO/GWOT, estry Budget Authority...... 0 0 0 OCO/GWOT Allocation 1 ...... 73,693 32,079 spending. This separate allocation for Outlays ...... 0 0 0 Amount Provided by Senate Appropriations Subcommittee OCO/GWOT was established in section Armed Services Budget Authority ...... ¥66 ¥518 ¥1,117 Agriculture, Rural Development, and 3102 of S. Con. Res. 11 and is enforced Outlays ...... ¥50 ¥476 ¥1,099 Related Agencies ...... 0 0 using section 302 of the CBA. The con- Banking, Housing, and Urban Commerce, Justice, Science, and Re- lated Agencies ...... 0 0 solidated appropriations bill included Affairs Budget Authority...... 0 0 0 Defense ...... 58,638 27,354 $73.7 billion in budget authority and Outlays ...... 0 0 0 Energy and Water Development ...... 0 0 $32.1 billion in outlays for OCO/GWOT Commerce, Science, and Financial Services and General Govern- Transportation ment ...... 0 0 in fiscal year 2016. This level is equal to Budget Authority ...... 130 650 1,300 Homeland Security ...... 160 128 the revised OCO/GWOT levels that I Outlays ...... 0 0 0 Interior, Environment, and Related Agencies ...... 0 0 filed in the RECORD on December 18, Energy and Natural Resources Budget Authority...... 0 0 0 Labor, Health and Human Services, 2015. Outlays ...... 0 0 0 Education and Related Agencies ..... 0 0 The budget resolution established Environment and Public Works Legislative Branch ...... 0 0 Budget Authority ...... 2,880 19,432 9,459 Military Construction and Veterans Af- two new points of order limiting the Outlays ...... 252 1,147 ¥8,801 fairs, and Related Agencies ...... 0 0 use of changes in mandatory programs Finance State Foreign Operations, and Related Budget Authority ...... 365 41,116 152,815 Programs ...... 14,895 4,597 in appropriations bills, CHIMPS. Ta- Outlays ...... 365 41,116 152,815 Transportation and Housing and Urban bles 4 and 5 show compliance with fis- Foreign Relations Development, and Related Agencies 0 0 Budget Authority...... 0 0 0 cal year 2016 limits for overall CHIMPS Current Level Total ...... 73,693 32,079 Outlays ...... 0 0 0 and the Crime Victims Fund CHIMP, Total OCO/GWOT Spending vs. Homeland Security and Govern- Budget Resolution ...... 0 0 respectively. This information is used mental Affairs Budget Authority...... 0 0 0 BA = Budget Authority; OT = Outlays for determining points of order under ¥ Outlays ...... 0 1 0 1 This allocation may be adjusted by the Chairman of the Budget Com- section 3103 and section 3104, respec- Judiciary mittee to account for new information, pursuant to section 3102 of S. Con. tively. Enacted CHIMPS are under Budget Authority ...... ¥3,358 5,962 4,833 Res. 11, the Concurrent Resolution of the Budget for Fiscal Year 2016. Outlays ...... 1,713 5,862 4,082 both the broader CHIMPS limit, $1.3 Health, Education, Labor, and billion less, and the Crime Victims Pensions TABLE 4.—SENATE APPROPRIATIONS COMMITTEE—EN- Budget Authority ...... 0 208 278 ACTED CHANGES IN MANDATORY SPENDING PROGRAMS Fund limit, $1.8 billion less. Outlays ...... 0 208 278 In addition to the tables provided by Rules and Administration (CHIMPS) the Senate Budget Committee Repub- Budget Authority...... 0 0 0 (Budget authority, millions of dollars) Outlays ...... 0 0 0 lican staff, I am submitting additional Intelligence 2016 tables from CBO that I will use for en- Budget Authority...... 0 0 0 Outlays ...... 0 0 0 CHIMPS Limit for Fiscal Year 2016 ...... 19,100 forcement of budget levels agreed to by Veterans’ Affairs the Congress. Budget Authority ...... ¥2 ¥1 ¥1 Senate Appropriations Subcommittees For fiscal year 2016, CBO estimates Outlays ...... 388 644 644 Agriculture, Rural Development, and Related Agencies 600 Indian Affairs Commerce, Justice, Science, and Related Agencies ...... 9,458 that current law levels are $138.9 bil- Budget Authority...... 0 0 0 Defense ...... 0 lion and $103.6 billion above the budget Outlays ...... 0 0 0 Energy and Water Development ...... 0 resolution levels for budget authority Small Business Financial Services and General Government ...... 725 Budget Authority...... 0 0 0 Homeland Security ...... 176 and outlays, respectively. Revenues are Outlays ...... 1 2 2 Interior, Environment, and Related Agencies ...... 28 $155.2 billion below the level assumed Labor, Health and Human Services, Education and Re- Total lated Agencies ...... 6,799 ¥ in the budget resolution. Finally, So- Budget Authority .... 51 66,849 167,567 Legislative Branch ...... 0 cial Security outlays are at the levels Outlays ...... 2,669 48,502 147,921 Military Construction and Veterans Affairs, and Related assumed in the budget resolution for Agencies ...... 0 State Foreign Operations, and Related Programs ...... 0 fiscal year 2016, while Social Security TABLE 2.—SENATE APPROPRIATIONS COMMITTEE— Transportation and Housing and Urban Development, revenues are $23 million below assumed ENACTED REGULAR DISCRETIONARY APPROPRIATIONS 1 and Related Agencies ...... 0 levels for the budget year. (Budget authority, in millions of dollars) Current Level Total ...... 17,786 CBO’s report also provides informa- Total CHIMPS Above (+) or Below (¥) Budget tion needed to enforce the Senate’s 2016 Resolution ...... ¥1,314 pay-as-you-go rule. The Senate’s pay- Security 2 Nonsecurity 2 TABLE 5.—SENATE APPROPRIATIONS COMMITTEE—EN- as-you-go scorecard currently shows Statutory Discretionary Limits ...... 548,091 518,491 deficit reduction of $20.4 billion over Amount Provided by Senate Appropriations Subcommittee ACTED CHANGES IN MANDATORY SPENDING PROGRAM the fiscal year 2015–2020 period and $95.7 Agriculture, Rural Development, and (CHIMP) TO THE CRIME VICTIMS FUND billion over the fiscal year 2015–2025 pe- Related Agencies ...... 0 21,750 (Budget authority, millions of dollars) riod. Over the initial 6-year period, Commerce, Justice, Science, and Re- lated Agencies ...... 5,101 50,621 2016 Congress has enacted legislation that Defense ...... 514,000 136 Energy and Water Development ...... 18,860 18,325 would increase revenues by $17 billion Crime Victims Fund (CVF) CHIMP Limit for Fiscal Year Financial Services and General Govern- 2016 ...... 10,800 and decrease outlays by $3.3 billion. ment ...... 44 23,191 Over the 11-year period, Congress has Homeland Security ...... 1,705 39,250 Senate Appropriations Subcommittees enacted legislation that would increase Interior, Environment, and Related Agriculture, Rural Development, and Related Agencies 0 Agencies ...... 0 32,159 Commerce, Justice, Science, and Related Agencies ...... 9,000 revenues by $36.8 billion and decrease Labor, Health and Human Services, Defense ...... 0 Education and Related Agencies ..... 0 162,127 Energy and Water Development ...... 0 outlays by $59 billion. The Senate’s Legislative Branch ...... 0 4,363 Financial Services and General Government ...... 0 pay-as-you-go rule is enforced by sec- Military Construction and Veterans Af- fairs, and Related Agencies ...... 8,171 71,698 Homeland Security ...... 0 tion 201 of S. Con. Res. 21, the fiscal State Foreign Operations, and Related Interior, Environment, and Related Agencies ...... 0 year 2008 budget resolution. Programs ...... 0 37,780 Labor, Health and Human Services, Education and Re- Transportation and Housing and Urban lated Agencies ...... 0 All years in the accompanying tables Development, and Related Agencies 210 57,091 Legislative Branch ...... 0 are fiscal years. Military Construction and Veterans Affairs, and Related Current Level Total ...... 548,091 518,491 Agencies ...... 0 I ask unanimous consent that the ac- Total Enacted Above (+) or Below State Foreign Operations, and Related Programs ...... 0 companying tables be printed in the (¥) Statutory Limits ...... 0 0 Transportation and Housing and Urban Development, and Related Agencies ...... 0 RECORD. 1 This table excludes spending pursuant to adjustments to the discre- There being no objection, the mate- tionary spending limits. These adjustments are allowed for certain purposes Current Level Total ...... 9,000 in section 251(b)(2) of BBEDCA. Total CVF CHIMP Above (+) or Below (¥) Budget rial was ordered to be printed in the 2 Security spending is defined as spending in the National Defense budg- Resolution ...... ¥1,800 RECORD, as follows: et function (050) and nonsecurity spending is defined as all other spending.

VerDate Sep 11 2014 05:22 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.023 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S988 CONGRESSIONAL RECORD — SENATE February 24, 2016 U.S. CONGRESS, signature the Trade Facilitation and Trade TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPEND- CONGRESSIONAL BUDGET OFFICE, Enforcement Act of 2015 (H.R. 644). That act ING AND REVENUES FOR FISCAL YEAR 2016, AS OF Washington, DC, February 24, 2016. would affect budget authority, outlays, and FEBRUARY 22, 2016—Continued Hon. MIKE ENZI, revenues for fiscal year 2016. (In billions of dollars) Chairman, Committee on the Budget, Sincerely, U.S. Senate, Washington, DC. KEITH HALL, Current DEAR MR. CHAIRMAN: The enclosed report Director. Budget Current Level Over/ shows the effects of Congressional action on Enclosure. Resolution Level a Under (¥) the fiscal year 2016 budget and is current Resolution through February 22, 2016. This report is sub- TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPEND- Outlays ...... 3,091.2 3,194.9 103.6 mitted under section 308(b) and in aid of sec- ING AND REVENUES FOR FISCAL YEAR 2016, AS OF Revenues ...... 2,676.0 2,520.7 ¥155.2 tion 311 of the Congressional Budget Act, as Off-Budget FEBRUARY 22, 2016 Social Security Outlays b 777.1 777.1 0.0 amended. Social Security Revenues 794.0 794.0 0.0 The estimates of budget authority, out- (In billions of dollars) lays, and revenues are consistent with the Source: Congressional Budget Office. Current a. Excludes emergency funding that was not designated as an emergency technical and economic assumptions of S. Budget Current Level Over/ requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Con. Res. 11, the Concurrent Resolution on Resolution Level a Under (¥) Emergency Deficit Control Act of 1985. the Budget for Fiscal Year 2016. Resolution b. Excludes administrative expenses paid from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Since our last letter dated January 11, 2016, On-Budget Fund of the Social Security Administration, which are off-budget, but are the Congress has cleared for the President’s Budget Authority ...... 3,069.8 3,208.7 138.9 appropriated annually. TABLE 2.—SUPPORTING DETAIL FOR THE SENATE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2016, AS OF FEBRUARY 22, 2016 (In millions of dollars)

Budget Authority Outlays Revenues

Previously Enacted a Revenues ...... n.a, n.a. 2,676,733 Permanents and other spending legislation ...... 1,968,496 1,902,345 n.a. Appropriation legislation ...... 0 500,825 n.a. Offsetting receipts ...... ¥784,820 ¥784,879 n.a. Total, Previously Enacted ...... 1,183,676 1,618,291 2,676,733 Enacted Legislation: An act to extend the authorization to carry out the replacement of the existing medical center of the Department of Veterans Affairs in Denver, Colorado, to authorize transfers of amounts to carry out the replacement of such medical center, and for other purposes (P.L. 114–25) ...... 0 20 0 Defending Public Safety Employees’ Retirement Act & Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (P.L. 114–26) ...... 0 0 5 Trade Preferences Extension Act of 2015 (P.L. 114–27) ...... 445 175 ¥766 Steve Gleason Act of 2015 (P.L. 114–40) ...... 5 5 0 Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (P.L. 114–41) b ...... 0 0 99 Continuing Appropriations Act, 2016 (P.L. 114–53) ...... 700 775 0 Airport and Airway Extension Act of 2015 (P.L. 114–55) ...... 130 0 0 Department of Veterans Affairs Expiring Authorities Act of 2015 (P.L. 114–58) ...... ¥2 368 0 Protecting Affordable Coverage for Employees Act (P.L. 114–60) ...... 0 0 40 Bipartisan Budget Act of 2015 (P.L. 114–74) ...... 3,424 4,870 269 Recovery Improvements for Small Entities After Disaster Act of 2015 (P.L. 114–88) ...... 0 1 0 National Defense Authorization Act for Fiscal Year 2016 (P.L. 114–92) ...... ¥66 ¥50 0 Fixing America’s Surface Transportation Act (P.L. 114–94) ...... 2,880 252 471 Federal Perkins Loan Program Extension Act of 2015 (P.L. 114–105) ...... 269 269 0 Consolidated Appropriations Act, 2016 (P.L. 114–113) b ...... 2,008,016 1,563,177 ¥156,107 Patient Access and Medicare Protection Act (P.L. 114–115) ...... 32 32 0 Total, Enacted Legislation ...... 2,015,833 1,569,894 ¥155,989 Passed, Pending Signature: Trade Facilitation and Trade Enforcement Act of 2015 (H.R. 644) ...... 20 20 ¥7 Entitlements and Mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... 9,170 6,674 0 Total Current Level c ...... 3,208,699 3,194,879 2,520,737 Total Senate Resolution d ...... 3,069,829 3,091,246 2,675,967 Current Level Over Senate Resolution ...... 138,870 103,633 n.a. Current Level Under Senate Resolution ...... n.a. n.a. 155,230 Memorandum: Revenues, 2016–2025: Senate Current Level ...... n.a. n.a. 31,755,050 Senate Resolution ...... n.a. n.a. 32,233,099 Current Level Over Senate Resolution ...... n.a. n.a. n.a. Current Level Under Senate Resolution ...... n.a. n.a. 478,049 Source: Congressional Budget Office. Notes: n.a. = not applicable; P.L. = Public Law. a. Includes the following acts that affect budget authority, outlays, or revenues, and were cleared by the Congress during this session, but before the adoption of S. Con. Res. 11, the Concurrent Resolution on the Budget for Fiscal Year 2016: the Terrorism Risk Insurance Program Reauthorization Act of 2014 (P.L. 114–1); the Department of Homeland Security Appropriations Act, 2015 (P.L. 114–4), and the Medicare Access and CHIP Reauthorization Act of 2015 (P.L. 114– 10). b. Emergency funding that was not designated as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall not count for certain budgetary enforcement pur- poses. These amounts, which are not included in the current level totals, are as follows:

Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (P.L. 114–41) ...... 0 917 0 Consolidated Appropriations Act, 2016 (P.L. 114–113) ...... ¥2 0 0

Total ...... ¥2 917 0 c. For purposes of enforcing section 311 of the Congressional Budget Act in the Senate, the resolution, as approved by the Senate, does not include budget authority, outlays, or revenues for off-budget amounts. As a result, current level does not include these items. d. Periodically, the Senate Committee on the Budget revises the budgetary levels in S. Con. Res. 11, pursuant to various provisions of the resolution. The Initial Senate Resolution total below excludes $6,872 million in budget authority and $344 million in outlays assumed in S. Con. Res. 11 for disaster-related spending. The Revised Senate Resolution total below includes amounts for disaster-related spending:

Initial Senate Resolution: 3,032,343 3,091,098 2,676,733 Revisions: Pursuant to section 311 of the Congressional Budget Act of 1974 and section 4311 of S. Con. Res. 11 ...... 445 175 ¥766 Pursuant to section 311 of the Congressional Budget Act of 1974 and S. Con. Res. 11 ...... 700 700 0 Pursuant to section 311 of the Congressional Budget Act of 1974 and S. Con. Res. 11 ...... 0 1 0 Pursuant to section 311 of the Congressional Budget Act of 1974 and section 4313 of S. Con. Res. 11 ...... 269 269 0 Pursuant to section 311 of the Congressional Budget Act of 1974 and section 3404 of S. Con. Res. 11 ...... 36,072 ¥997 0

Revised Senate Resolution ...... 3,069,829 3,091,246 2,675,967

TABLE 3.—SUMMARY OF THE SENATE PAY-AS-YOU-GO SCORECARD FOR THE 114TH CONGRESS, AS OF FEBRUARY 22, 2016 (In millions of dollars)

2015–2020 2015–2025

Beginning Balance a ...... 0 0

VerDate Sep 11 2014 05:22 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.024 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S989 TABLE 3.—SUMMARY OF THE SENATE PAY-AS-YOU-GO SCORECARD FOR THE 114TH CONGRESS, AS OF FEBRUARY 22, 2016—Continued (In millions of dollars)

2015–2020 2015–2025

Enacted Legislation:bcd Iran Nuclear Agreement Review Act of 2015 (P.L. 114–17) ...... n.e. n.e. Construction Authorization and Choice Improvement Act (P.L. 114–19) ...... 20 20 Justice for Victims of Trafficking Act of 2015 (P.L. 114–22) ...... 1 2 Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2015 (P.L. 114–23) ...... * * An act to extend the authorization to carry out the replacement of the existing medical center of the Department of Veterans Affairs in Denver, Colorado (P.L. 114–25) ...... 150 150 Defending Public Safety Employees’ Retirement Act & Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (P.L. 114–26) ...... ¥1 5 Trade Preferences Extension Act of 2015 (P.L. 114–27) ...... ¥640 ¥52 Boys Town Centennial Commemorative Coin Act (P.L. 114–30) ...... 0 0 Steve Gleason Act of 2015 (P.L. 114–40) ...... 13 28 Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (P.L. 114–41) ...... ¥1,552 ¥6,924 Agriculture Reauthorizations Act of 2015 (P.L. 114–54) ...... * * Department of Veterans Affairs Expiring Authorities Act of 2015 (P.L. 114–58) ...... 624 624 Protecting Affordable Coverage for Employees Act (P.L. 114–60) ...... ¥32 ¥2 Gold Star Fathers Act of 2015 (P.L. 114–62) ...... * * Ensuring Access to Clinical Trials Act of 2015 (P.L. 114–63) ...... * * Adoptive Family Relief Act (P.L. 114–70) ...... * * Surface Transportation Extension Act of 2015 (P.L. 114–73) ...... * * Bipartisan Budget Act of 2015 (P.L. 114–74) ...... ¥15,050 ¥71,315 Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2015 (P.L. 114–81) ...... * * A bill to amend title XI of the Social Security Act to clarify waiver authority regarding programs for all-inclusive care for the elderly (PACE programs) (P.L. 114–85) ...... * * Recovery Improvements for Small Entities After Disaster Act of 2015 (P.L. 114–88) ...... 2 2 Improving Regulatory Transparency for New Medical Therapies Act (P.L. 114–89) ...... * * National Defense Authorization Act for Fiscal Year 2016 (P.L. 114–92) ...... ¥194 ¥10 Equity in Government Compensation Act of 2015 (P.L. 114–93) ...... * * Fixing America’s Surface Transportation Act (P.L. 114–94) g ...... ¥3,845 ¥18,144 Improving Access to Emergency Psychiatric Care Act (P.L. 114–97) ...... * * Breast Cancer Research Stamp Reauthorization Act of 2015 (P.L. 114–99) ...... ¥1 0 Hizballah International Financing Prevention Act of 2015 (P.L. 114–102) ...... * * Stem Cell Therapeutic and Research Reauthorization Act of 2015 (P.L. 114–104) ...... * * Federal Perkins Loan Program Extension Act of 2015 (P.L. 114–105) ...... ¥14 ¥13 Securing Fairness in Regulatory Timing Act of 2015 (P.L. 114–106) ...... * * National Guard and Reservist Debt Relief Extension Act of 2015 (P.L. 114–107) ...... * * Federal Improper Payments Coordination Act of 2015 (P.L. 114–109) ...... * * Consolidated Appropriations Act, 2016 (P.L. 114–113) h ...... 2 4 Patient Access and Medicare Protection Act (P.L. 114–115) ...... 36 ¥1 District of Columbia Courts, Public Defender Service, and Court Services and Offender Supervision Agency Act of 2015 (P.L. 114–118) ...... * * International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders (P.L. 114–119) ...... * * Coast Guard Authorization Act of 2015 (P.L. 114–120) ...... * * North Korea Sanctions and Policy Enhancement Act of 2016 (P.L. 114–122) ...... * * Trade Facilitation and Trade Enforcement Act of 2015 (H.R. 644) ...... 104 ¥116 Judicial Redress Act of 2015 (H.R. 1428) ...... * * To revise the boundaries of certain John H. Chafee Coastal Barrier Resources System units in Florida. (H.R. 890) ...... * * Current Balance ...... ¥20,377 ¥95,742 Memorandum: Changes to Revenues ...... 17,037 36,750 Changes to Outlays ...... ¥3,340 ¥58,992 Source: Congressional Budget Office. Notes: n.e. = not able to estimate; P.L. = Public Law. * = between ¥$500,000 and $500,000. a Pursuant to S. Con. Res. 11, the Senate Pay-As-You-Go Scorecard was reset to zero. b The amounts shown represent the estimated impact of the public laws on the deficit. Negative numbers indicate an increase in the deficit; positive numbers indicate a decrease in the deficit. c Excludes off-budget amounts. d Excludes amounts designated as emergency requirements. e P.L. 114–17 could affect direct spending and revenues, but such impacts would depend on future actions of the President that CBO cannot predict. (http://www.cbo.gov/sites/default/files/cbofiIes/attachments/s615.pdf) f P.L. 114–30 will cause a decrease in spending of $5 million in 2017 and an increase in spending of $5 million in 2019 for a net impact of zero over the six-year and eleven-year periods. g The budgetary effects associated with the Federal Reserve Surplus Funds are excluded from the PAYGO Scorecard in P.L. 114–94 pursuant to section 232(b) of H.C. Res. 290, the Concurrent Budget Resolution for Fiscal Year 2001 (106th Congress). h The budgetary effects of divisions M through Q are not reflected in the PAYGO Scorecard pursuant to section 1001(b) of Title X of Division O of P.L. 114–113.

ADDITIONAL STATEMENTS riched the lives of those he served, and dation, Beartooth Humane Alliance, we honor his enduring legacy as a pub- and Bridger Community Food Bank. lic servant.∑ Tom is also the Red Lodge fire chief REMEMBERING JUDGE DAN KEMP f and was gracious enough to give me a NALL tour of an area fire discussing fuels re- TRIBUTE TO TOM KUNTZ ∑ Mr. BOOZMAN. Mr. President, today duction in August of 2013. I am grateful I wish to honor the life of Judge Dan ∑ Mr. DAINES. Mr. President, today I for Tom’s dedication to his hometown, Kemp Nall of Sheridan, AR, who passed wish to honor Tom Kuntz of Red Lodge, his generosity and selfless actions ben- away on Sunday, February 14, 2016. MT, for his company’s generous dona- efitting the people and organizations Judge Nall was a beloved husband, tions to nonprofits throughout Carbon that make up his community. It’s peo- brother, father, and grandfather. He County. ple like Tom that make me proud to was also a dedicated public servant, es- Tom is the owner of local pizza shop call Montana home. I agree with Tom pecially to his friends and neighbors in Red Lodge Pizza Co., which contributed when he says ‘‘it is great to give back Grant County where he served as coun- $11,700 of its profits to 20 various non- to people that make this place so won- ty judge for 10 terms after serving for profits to help support their goals and derful.’’∑ 20 years on the Grant County Quorum missions. His contributions make up Court. He was also active in many civic the largest portion of $34,000 raised f organizations, including the Jaycees during this year’s third annual chari- and the Sheridan Rotary Club, further table contribution program on behalf RECOGNIZING ROSECRANCE demonstrating his commitment to the of the Red Lodge Area Community HEALTH NETWORK people of his community. A graduate of Foundation. ∑ Mr. KIRK. Mr. President, today I the University of Arkansas, Judge Nall His generous giving is not just a one- wish to congratulate Rosecrance was a dedicated Razorback fan. time occurrence. Throughout his 20 Health Network for providing 100 years I admire his dedication to serving his years in business, Red Lodge Pizza Co. of high-quality care for Illinois resi- lifelong home of Grant County. I know has made supporting community orga- dents. As the Senate considers legisla- his leadership, dedication, and commit- nizations a priority. tion to address the heroin and opioid ment to the community will be missed Some of the organizations profiting epidemic, including S. 524, the Com- by many. I join with them in praying from Red Lodge Pizza Co.’s donations prehensive Addiction and Recovery for comfort for Judge Nall’s friends and include Boys and Girls of Carbon Coun- Act, which I was proud to introduce loved ones. We will remember the valu- ty, Domestic & Sexual Violence Serv- with Senators WHITEHOUSE, PORTMAN, able contributions he made which en- ices, Red Lodge Public Schools Foun- KLOBUCHAR, AYOTTE, and COONS, we

VerDate Sep 11 2014 05:22 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.032 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S990 CONGRESSIONAL RECORD — SENATE February 24, 2016 should consider successful organiza- was born in Kimball, SD, to Thomas To the Congress of the United States: tions like Rosecrance who have been and Sophia Lebeda. At the age of 3, her Pursuant to the authority vested in treating individuals with addiction for family moved to Murdo, where she has me by the Constitution and the laws of decades. lived ever since. Julia is the oldest of the United States, including section 1 Rosecrance Memorial Home for Chil- 14 children, and five of her siblings are of title II of Public Law 65–24, ch. 30, dren was established in 1916 to care for still living today. June 15, 1917, as amended (50 U.S.C. neglected and dependent children in Julia married Carroll Broecher in 191), sections 201, 202, and 301 of the Na- New Milford, IL. In 1982, after moving 1937. The couple had four children, tional Emergencies Act (50 U.S.C. 1601 to Rockford, IL, in the 1970s, they rec- three girls and one boy. Today, Julia et seq.), and section 301 of title 3, ognized growing substance abuse rates has 15 grandchildren and numerous United States Code, I hereby report among teenagers and created a first-of- great- and great-great-grandchildren. that I have issued a Proclamation to its-kind chemical dependency treat- In her youth, Julia worked as a coun- modify and continue the national ment program in northern Illinois spe- try school teacher for several years, emergency declared in Proclamations cifically for this population. In 1992, and later in life, she was the head cus- 6867 and 7757. this program expanded to serve adults todian for the Jones County court- The Proclamation recognizes that as well. house and a well-known restaurant in certain descriptions of the national Five years ago, they recognized the Murdo. emergency set forth in Proclamations importance of integrating addiction Over the years, Julia has had a sig- 6867 and 7757 no longer reflect the and mental health treatment and nificant impact on the Murdo commu- international relations of the United merged with the Janet Wattles Center nity and has been a fixture at school States related to Cuba. Further, the in Rockford. This has enabled them to and community functions. She is a Proclamation recognizes the reestab- treat individuals with co-occurring dis- charter member of the Community lishment of diplomatic relations be- orders that require behavioral health Bible Church where she taught Sunday tween the United States and Cuba, and and addiction treatment more effec- school to many children. One of those that the United States continues to tively. They now provide critical serv- children was me. She was known in the pursue the progressive normalization ices for over 22,000 children, adoles- area as being a master seamstress, of relations while aspiring toward a cents, adults, and families at over 40 making many wedding and prom peaceful, prosperous, and democratic locations in Illinois and Wisconsin an- dresses for young women, as well as Cuba. nually. teaching young women how to sew. The Proclamation clarifies the na- I congratulate Rosecrance Health Julia loves to fish and play cards and tional emergency related to Cuba and Network on a century of success and dominoes with family at the Murdo specifically provides the following look forward to working with them to Senior Center. statements related to U.S. national se- address substance abuse in my State.∑ Julia has always welcomed chal- curity and foreign policy: f lenges with a loving and caring atti- ∑ It is U.S. policy that a mass migra- tude and is the embodiment of the tion from Cuba would endanger the se- TRIBUTE TO BUFFALO GALS American values of faith, family, curity of the United States by posing a ∑ Mr. THUNE. Mr. President, I wish to friends and freedom. disturbance or threatened disturbance recognize the Buffalo Gals, a monthly Happy birthday, Julia.∑ of the international relations of the gathering of women in the Rapid City, f United States. SD, area that are hosts of the Inter- ∑ The unauthorized entry of vessels national Women’s Day celebration MESSAGES FROM THE PRESIDENT subject to the jurisdiction of the starting on March 4, 2016, in Rapid Messages from the President of the United States into Cuban territorial City. United States were communicated to waters is in violation of U.S. law and The Buffalo Gals are a motivated the Senate by Mr. Pate, one of his sec- contrary to U.S. policy. group of over 100 women who have retaries. ∑ The unauthorized entry of U.S.-reg- gathered once a month in Rapid City f istered vessels into Cuban territorial over the past year. Their mission is to waters is detrimental to U.S. foreign create a community of driven, like- EXECUTIVE MESSAGES REFERRED policy, and counter to the purpose of minded women who share their experi- As in executive session the Presiding Executive Order 12807, which is to en- ences with one another and act as role Officer laid before the Senate messages sure, among other things, safe, orderly, models for people of all ages. This in- from the President of the United and legal migration. spirational group spreads awareness of States submitting sundry nominations ∑ The possibility of large-scale unau- worthy causes and empowers its mem- which were referred to the appropriate thorized entries of U.S.-registered ves- bers to accomplish their goals, which committees. sels would disturb the international re- benefits the community as a whole. (The messages received today are lations of the United States by facili- This year’s theme for the Inter- printed at the end of the Senate pro- tating a possible mass migration of national Women’s Day celebration is ceedings.) Cuban nationals. ‘‘Celebrate our Legacy.’’ This exciting f I have directed the Secretary of 2-day event will honor the accomplish- Homeland Security (the ‘‘Secretary’’) ments and promising futures of the PRESIDENTIAL MESSAGE to make and issue such rules and regu- Buffalo Gals and women everywhere, lations as the Secretary may find ap- and it will feature guest speakers, REPORT ON THE MODIFICATION propriate to regulate the anchorage meals, and a live concert that will in- AND CONTINUATION OF THE NA- and movement of vessels, and authorize spire women to continue to be leaders TIONAL EMERGENCY WITH RE- and approve the Secretary’s issuance of that seek to address complex commu- SPECT TO CUBA AND OF THE such rules and regulations, as author- nity and family challenges. EMERGENCY AUTHORITY RELAT- ized by the Act of June 15, 1917. These remarkable women have ING TO THE REGULATION OF I am enclosing a copy of the Procla- achieved a great deal in the past year, THE ANCHORAGE AND MOVE- mation I have issued. and I am excited to see what they do in MENT OF VESSELS, AS AMEND- BARACK OBAMA. the future. I wish them continued suc- THE WHITE HOUSE, February 24, 2016. ED—PM 42 cess in the years to come.∑ f f The PRESIDING OFFICER laid be- fore the Senate the following message MESSAGES FROM THE HOUSE TRIBUTE TO JULIA BROECHER from the President of the United At 11:40 a.m., a message from the ∑ Mr. THUNE. Mr. President, today I States, together with an accompanying House of Representatives, delivered by wish to recognize Julia Broecher from report; which was referred to the Com- Mr. Novotny, one of its reading clerks, my hometown of Murdo, SD, as she mittee on Banking, Housing, and announced that the House has passed celebrates her 100th birthday. Julia Urban Affairs: the following bill, without amendment:

VerDate Sep 11 2014 05:22 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.022 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S991 S. 2109. An act to direct the Administrator ments relating to documentation for major report of a rule entitled ‘‘Rules of Practice of the Federal Emergency Management acquisition programs, and for other pur- and Procedure; Civil Money Penalty Infla- Agency to develop an integrated plan to re- poses; to the Committee on Homeland Secu- tion Adjustment’’ (RIN2590–AA77) received duce administrative costs under the Robert rity and Governmental Affairs. during adjournment of the Senate in the Of- T. Stafford Disaster Relief and Emergency H.R. 4402. An act to require a review of in- fice of the President of the Senate on Feb- Assistance Act, and for other purposes. formation regarding persons who have trav- ruary 18, 2016; to the Committee on Banking, The message also announced that the eled or attempted to travel from the United Housing, and Urban Affairs. House has passed the following bills, in States to support terrorist organizations in EC–4462. A communication from the Direc- Syria and Iraq, and for other purposes; to the which it requests the concurrence of tor, Community Development Financial In- Committee on Homeland Security and Gov- stitutions Fund, Department of the Treas- the Senate: ernmental Affairs. ury, transmitting, pursuant to law, the re- H.R. 3584. An act to authorize, streamline, H.R. 4408. An act to require the develop- port of a rule entitled ‘‘Bank Enterprise and identify efficiencies within the Trans- ment of a national strategy to combat ter- Award Program’’ ((RIN1505–AA91) (12 CFR portation Security Administration, and for rorist travel, and for other purposes; to the Part 1806)) received in the Office of the Presi- other purposes. Committee on Homeland Security and Gov- dent of the Senate on February 22, 2016; to H.R. 4398. An act to amend the Homeland ernmental Affairs. the Committee on Banking, Housing, and Security Act of 2002 to provide for require- f Urban Affairs. ments relating to documentation for major EC–4463. A communication from the Direc- acquisition programs, and for other pur- MEASURE HELD AT THE DESK tor, Community Development Financial In- poses. The following resolution was ordered stitutions Fund, Department of the Treas- H.R. 4402. An act to require a review of in- ury, transmitting, pursuant to law, the re- formation regarding persons who have trav- held at the desk, by unanimous con- port of a rule entitled ‘‘Community Develop- eled or attempted to travel from the United sent: ment Financial Institutions Program’’ States to support terrorist organizations in S. Res. 374. Resolution relating to the ((RIN1505–AA92) (12 CFR Part 1805)) received Syria and Iraq, and for other purposes. death of Antonin Scalia, Associate Justice of in the Office of the President of the Senate H.R. 4408. An act to require the develop- the Supreme Court of the United States. on February 22, 2016; to the Committee on ment of a national strategy to combat ter- f Banking, Housing, and Urban Affairs. rorist travel, and for other purposes. EC–4464. A communication from the Direc- The message further announced that EXECUTIVE AND OTHER tor, Community Development Financial In- the House has agreed to the following COMMUNICATIONS stitutions Fund, Department of the Treas- resolution: The following communications were ury, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Capital Magnet H. Res. 620. Resolution relative to the laid before the Senate, together with Fund’’ (RIN1559–AA00) received in the Office death of the Honorable Antonin Scalia, Asso- accompanying papers, reports, and doc- of the President of the Senate on February ciate Justice of the Supreme Court of the uments, and were referred as indicated: 22, 2016; to the Committee on Banking, Hous- United States. EC–4455. A communication from the Direc- ing, and Urban Affairs. The message also announced that the tor of the Regulatory Management Division, EC–4465. A communication from the Execu- House has agreed to the following con- Environmental Protection Agency, transmit- tive Director, Federal Energy Regulatory current resolution, in which it requests ting, pursuant to law, the report of a rule en- Commission, transmitting, pursuant to law, the concurrence of the Senate: titled ‘‘Pyriproxyfen; Pesticide Tolerances’’ the report of a rule entitled ‘‘Annual Update H. Con. Res. 113. Concurrent resolution au- (FRL No. 9941–38–OCSPP) received during ad- of Filing Fees’’ ((RIN1902–AF17) (Docket No. thorizing the use of Emancipation Hall in journment of the Senate in the Office of the RM16–2–000)) received during adjournment of the Capitol Visitor Center for a ceremony to President of the Senate on February 19, 2016; the Senate in the Office of the President of present the Congressional Gold Medal collec- to the Committee on Agriculture, Nutrition, the Senate on February 18, 2016; to the Com- tively to the 65th Infantry Regiment, known and Forestry. mittee on Energy and Natural Resources. as the ‘‘Borinqueneers’’. EC–4456. A communication from the Direc- EC–4466. A communication from the Direc- tor of the Regulatory Management Division, tor of the Regulatory Management Division, ENROLLED BILLS SIGNED Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- At 12:56 p.m., a message from the ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- House of Representatives, delivered by titled ‘‘Triclopyr; Pesticide Tolerances’’ titled ‘‘Review of New Sources and Modifica- Mrs. Cole, one of its reading clerks, an- (FRL No. 9941–87–OCSPP) received during ad- tions in Indian Country: Extension of Per- nounced that the Speaker has signed journment of the Senate in the Office of the mitting and Registration Deadlines for True the following enrolled bills: President of the Senate on February 19, 2016; Minor Sources Engaged in Oil and Natural Gas Production in Indian Country’’ H.R. 487. An act to allow the Miami Tribe to the Committee on Agriculture, Nutrition, ((RIN2060–AS27) (FRL No. 9942–64–OAR)) re- of Oklahoma to lease or transfer certain and Forestry. ceived during adjournment of the Senate in lands. EC–4457. A communication from the Board the Office of the President of the Senate on H.R. 890. An act to revise the boundaries of Chair and Chief Executive Officer, Farm February 17, 2016; to the Committee on Envi- certain John H. Chafee Coastal Barrier Re- Credit Administration, transmitting the Ad- ronment and Public Works. sources System units in Florida. ministration’s proposed fiscal year 2017 budg- H.R. 3262. An act to provide for the convey- et; to the Committee on Agriculture, Nutri- EC–4467. A communication from the Direc- ance of land of the Illiana Health Care Sys- tion, and Forestry. tor of the Regulatory Management Division, tem of the Department of Veterans Affairs in EC–4458. A communication from the Acting Environmental Protection Agency, transmit- Danville, Illinois. Principal Deputy Under Secretary of Defense ting, pursuant to law, the report of a rule en- H.R. 4056. An act to direct the Secretary of for Personnel and Readiness, transmitting, titled ‘‘Approval and Promulgation of Air Veterans Affairs to convey to the Florida authorization of Lieutenant General John W. Quality Implementation Plans; District of Department of Veterans Affairs all right, Nicholson, Jr., United States Army, to wear Columbia; Regulation to Limit Nitrogen Ox- title, and interest of the United States to the the insignia of the grade of general in ac- ides Emissions from Large Non-Electric Gen- property known as ‘‘The Community Living cordance with title 10, United States Code, erating Units’’ (FRL No. 9942–59–Region 3) re- Center’’ at the Lake Baldwin Veterans Af- section 777; to the Committee on Armed ceived during adjournment of the Senate in fairs Outpatient Clinic, Orlando, Florida. Services. the Office of the President of the Senate on H.R. 4437. An act to extend the deadline for EC–4459. A communication from the Sec- February 17, 2016; to the Committee on Envi- the submittal of the final report required by retary of the Treasury, transmitting, pursu- ronment and Public Works. the Commission on Care. ant to law, a six-month periodic report on EC–4468. A communication from the Direc- the national emergency with respect to Iran tor of the Regulatory Management Division, f as declared in Executive Order 12957 of March Environmental Protection Agency, transmit- MEASURES REFERRED 15, 1995; to the Committee on Banking, Hous- ting, pursuant to law, the report of a rule en- ing, and Urban Affairs. titled ‘‘Approval and Promulgation of Air The following bills were read the first EC–4460. A communication from the Presi- Quality Implementation Plans; District of and the second times by unanimous dent of the United States, transmitting, pur- Columbia; Interstate Pollution Transport consent, and referred as indicated: suant to law, a report relative to the con- Requirements for the 2010 Nitrogen Dioxide H.R. 3584. An act to authorize, streamline, tinuation of the national emergency with re- Standards’’ (FRL No. 9942–58–Region 3) re- and identify efficiencies within the Trans- spect to Libya declared in Executive Order ceived during adjournment of the Senate in portation Security Administration, and for 13566; to the Committee on Banking, Hous- the Office of the President of the Senate on other purposes; to the Committee on Com- ing, and Urban Affairs. February 17, 2016; to the Committee on Envi- merce, Science, and Transportation. EC–4461. A communication from the Gen- ronment and Public Works. H.R. 4398. An act to amend the Homeland eral Counsel of the Federal Housing Finance EC–4469. A communication from the Direc- Security Act of 2002 to provide for require- Agency, transmitting, pursuant to law, the tor of the Regulatory Management Division,

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.007 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S992 CONGRESSIONAL RECORD — SENATE February 24, 2016 Environmental Protection Agency, transmit- for Consolea Corallicola (Florida Semaphore Treasury, transmitting, pursuant to law, the ting, pursuant to law, the report of a rule en- Cactus) and Harrisia aboriginum (Aboriginal report of a rule entitled ‘‘2015 Inflation Ad- titled ‘‘Air Plan Approval; Wisconsin; Revi- Prickly-apple)’’ (RIN1018–AZ92) received dur- justment Factor for the Indian Coal Produc- sion to the Milwaukee-Racine-Waukesha 2006 ing adjournment of the Senate in the Office tion Credit’’ (Notice 2016–11) received during 24-Hour Particulate Matter Maintenance of the President of the Senate on February adjournment of the Senate in the Office of Plan’’ (FRL No. 9942–56–Region 5) received 18, 2016; to the Committee on Environment the President of the Senate on February 18, during adjournment of the Senate in the Of- and Public Works. 2016; to the Committee on Finance. fice of the President of the Senate on Feb- EC–4477. A communication from the Direc- EC–4486. A communication from the Chief ruary 17, 2016; to the Committee on Environ- tor of Congressional Affairs, Nuclear Regu- of the Publications and Regulations Branch, ment and Public Works. latory Commission, transmitting, pursuant Internal Revenue Service, Department of the EC–4470. A communication from the Direc- to law, the report of a rule entitled ‘‘Clari- Treasury, transmitting, pursuant to law, the tor of the Regulatory Management Division, fication of Licensee Actions in Receipt of report of a rule entitled ‘‘Timing of Submit- Environmental Protection Agency, transmit- Enforcement Discretion Per Enforcement ting Preexisting Accounts and Periodic Cer- ting, pursuant to law, the report of a rule en- Guidance Memorandum EGM 15–002, ‘En- tifications’’ (Notice 2016–08) received during titled ‘‘Air Plan Approval; Indiana; Particu- forcement Discretion for Tornado-Generated adjournment of the Senate in the Office of late Matter Emissions Limits Revision’’ Missile Protection Noncompliance’ ’’ (DSS– the President of the Senate on February 18, (FRL No. 9942–54–Region 5) received during ISG–2016–01) received during adjournment of 2016; to the Committee on Finance. adjournment of the Senate in the Office of the Senate in the Office of the President of EC–4487. A communication from the Chief the President of the Senate on February 17, the Senate on February 19, 2016; to the Com- of the Publications and Regulations Branch, 2016; to the Committee on Environment and mittee on Environment and Public Works. Internal Revenue Service, Department of the Public Works. EC–4478. A communication from the Assist- Treasury, transmitting, pursuant to law, the EC–4471. A communication from the Direc- ant Secretary of the Army (Civil Works), report of a rule entitled ‘‘2016 Cost-of-Living tor of the Regulatory Management Division, transmitting, pursuant to law, a report rel- Adjustment for Certain Items Resulting Environmental Protection Agency, transmit- ative to the Bogue Banks project in Carteret from the Protecting Americans from Tax ting, pursuant to law, the report of a rule en- County, North Carolina; to the Committee Hikes Act of 2015’’ (Rev. Proc. 2016–14) re- titled ‘‘Clarification of Requirements for on Environment and Public Works. ceived during adjournment of the Senate in Method 303 Certification Training’’ EC–4479. A communication from the Assist- the Office of the President of the Senate on ((RIN2060–AR97) (FRL No. 9940–76–OAR)) re- ant Secretary of the Army (Civil Works), February 18, 2016; to the Committee on Fi- ceived during adjournment of the Senate in transmitting, pursuant to law, a report rel- nance. the Office of the President of the Senate on ative to a project for Flagler County, Flor- EC–4488. A communication from the Chief February 19, 2016; to the Committee on Envi- ida; to the Committee on Environment and of the Publications and Regulations Branch, ronment and Public Works. Public Works. Internal Revenue Service, Department of the EC–4472. A communication from the Direc- EC–4480. A communication from the Assist- Treasury, transmitting, pursuant to law, the tor of the Regulatory Management Division, ant Secretary of the Army (Civil Works), report of a rule entitled ‘‘Transition Relief Environmental Protection Agency, transmit- transmitting, pursuant to law, a report rel- for Certain Section 529 Qualified Tuition ting, pursuant to law, the report of a rule en- ative to a project for Edisto Beach, Colleton Programs Required to File Form 1099–Q’’ titled ‘‘Approval and Promulgation of Air County, South Carolina; to the Committee (Notice 2016–13) received during adjournment Quality Implementation Plans; State of Mis- on Environment and Public Works. of the Senate in the Office of the President souri; Emissions Inventory and Emissions EC–4481. A communication from the Chief of the Senate on February 18, 2016; to the Statement for the Missouri Portion of the of the Branch of Recovery and State Grants, Committee on Finance. St. Louis-MO–IL Ozone Nonattainment Fish and Wildlife Service, Department of the EC–4489. A communication from the Senior Area’’ (FRL No. 9942–76–Region 7) received Interior, transmitting, pursuant to law, the Counsel for Regulatory Affairs, Office of the during adjournment of the Senate in the Of- report of a rule entitled ‘‘Endangered and Assistant Secretary for Management, De- fice of the President of the Senate on Feb- Threatened Wildlife; Technical Corrections partment of the Treasury, transmitting, pur- ruary 19, 2016; to the Committee on Environ- for Eight Wildlife Species on the List of En- suant to law, the report of a rule entitled ment and Public Works. dangered and Threatened Wildlife’’ (RIN1018– ‘‘Department of the Treasury Employee EC–4473. A communication from the Direc- BB28) received during adjournment of the Rules of Conduct’’ (31 CFR Part 0) received tor of the Regulatory Management Division, Senate in the Office of the President of the in the Office of the President of the Senate Environmental Protection Agency, transmit- Senate on February 18, 2016; to the Com- on February 22, 2016; to the Committee on ting, pursuant to law, the report of a rule en- mittee on Environment and Public Works. Finance. titled ‘‘Air Plan Approval and Air Quality EC–4482. A communication from the Chief EC–4490. A communication from the Acting Designation; GA; Redesignation of the At- of the Branch of Recovery and State Grants, Assistant Secretary, Bureau of Political- lanta, GA, 1997 Annual PM2.5 Nonattainment Fish and Wildlife Service, Department of the Military Affairs, Department of State, trans- Area to Attainment’’ (FRL No. 9942–61–Re- Interior, transmitting, pursuant to law, the mitting, pursuant to law, an addendum to a gion 4) received during adjournment of the report of a rule entitled ‘‘Endangered and certification of the proposed sale or export of Senate in the Office of the President of the Threatened Wildlife and Plants; Reclassi- defense articles and/or defense services to a Senate on February 19, 2016; to the Com- fying Hesperocyparis abramsiana Middle East country (OSS–2016–0164); to the mittee on Environment and Public Works. (=Cupressus abramsiana) as Threatened’’ Committee on Foreign Relations. EC–4474. A communication from the Acting (RIN1018–AY77) received during adjournment EC–4491. A communication from the Acting Unified Listing Chief, Fish and Wildlife Serv- of the Senate in the Office of the President Assistant Secretary, Bureau of Political- ice, Department of the Interior, transmit- of the Senate on February 18, 2016; to the Military Affairs, Department of State, trans- ting, pursuant to law, the report of a rule en- Committee on Environment and Public mitting, pursuant to law, an addendum to a titled ‘‘Endangered and Threatened Wildlife Works. certification of the proposed sale or export of and Plants; 4(d) Rule for the Northern Long- EC–4483. A communication from the Senior defense articles and/or defense services to a Eared Bat’’ (RIN1018–AY98) received during Counsel for Regulatory Affairs, Office of Fis- Middle East country (OSS–2016–0112); to the adjournment of the Senate in the Office of cal Assistant Secretary, Department of the Committee on Foreign Relations. the President of the Senate on February 18, Treasury, transmitting, pursuant to law, the EC–4492. A communication from the Acting 2016; to the Committee on Environment and report of a rule entitled ‘‘Department of the Assistant Secretary, Bureau of Political- Public Works. Treasury Regulations for the Gulf Coast Res- Military Affairs, Department of State, trans- EC–4475. A communication from the Acting toration Trust Fund’’ ((RIN1505–AC44) (31 mitting, pursuant to law, an addendum to a Unified Listing Chief, Fish and Wildlife Serv- CFR Part 34)) received during adjournment certification of the proposed sale or export of ice, Department of the Interior, transmit- of the Senate in the Office of the President defense articles and/or defense services to a ting, pursuant to law, the report of a rule en- of the Senate on February 18, 2016; to the Middle East country (OSS–2016–0167); to the titled ‘‘Listing Endangered and Threatened Committee on Finance. Committee on Foreign Relations. Species and Designating Critical Habitat; EC–4484. A communication from the Chief EC–4493. A communication from the Acting Implementing Changes to the Regulations of the Publications and Regulations Branch, Assistant Secretary, Bureau of Political- for Designating Critical Habitat’’ (RIN1018– Internal Revenue Service, Department of the Military Affairs, Department of State, trans- AX86 and RIN0648–BB79) received during ad- Treasury, transmitting, pursuant to law, the mitting, pursuant to law, an addendum to a journment of the Senate in the Office of the report of a rule entitled ‘‘Maximum Vehicle certification of the proposed sale or export of President of the Senate on February 18, 2016; Values for 2016 for Use With Vehicle Cents- defense articles and/or defense services to a to the Committee on Environment and Pub- Per-Mile and Fleet-Average Valuation Middle East country (OSS–2016–0111); to the lic Works. Rules’’ (Notice 2016–12) received during ad- Committee on Foreign Relations. EC–4476. A communication from the Acting journment of the Senate in the Office of the EC–4494. A communication from the Assist- Unified Listing Chief, Fish and Wildlife Serv- President of the Senate on February 18, 2016; ant Secretary, Legislative Affairs, Depart- ice, Department of the Interior, transmit- to the Committee on Finance. ment of State, transmitting, pursuant to ting, pursuant to law, the report of a rule en- EC–4485. A communication from the Chief law, a report relative to section 36(c) of the titled ‘‘Endangered and Threatened Wildlife of the Publications and Regulations Branch, Arms Export Control Act (DDTC 15–123); to and Plants; Designation of Critical Habitat Internal Revenue Service, Department of the the Committee on Foreign Relations.

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.011 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S993 EC–4495. A communication from the Assist- ant to law, a report relative to grants made Programs, National Marine Fisheries Serv- ant Secretary, Legislative Affairs, Depart- under the Paul Coverdell National Forensic ice, Department of Commerce, transmitting, ment of State, transmitting, pursuant to Science Improvement Grants Program; to pursuant to law, the report of a rule entitled law, a report prepared by the Department of the Committee on the Judiciary. ‘‘Fisheries of the Caribbean, Gulf, and South State on progress toward a negotiated solu- EC–4506. A communication from the Dep- Atlantic; Aquaculture’’ (RIN0648–AS65) re- tion of the Cyprus question covering the pe- uty General Counsel, Office of Size Stand- ceived in the Office of the President of the riod August 1, 2015 through September 30, ards, Small Business Administration, trans- Senate on February 22, 2016; to the Com- 2015; to the Committee on Foreign Relations. mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- EC–4496. A communication from the Presi- entitled ‘‘Small Business Size Standards: In- tation. dent of the United States, transmitting, pur- flation Adjustments to Monetary Based Size EC–4514. A communication from the Dep- suant to law, the Economic Report of the Standards’’ (RIN3245–AG60) received during uty Assistant Administrator for Regulatory President together with the 2016 Annual Re- adjournment of the Senate in the Office of Programs, National Marine Fisheries Serv- port of the Council of Economic Advisers; to the President of the Senate on February 17, ice, Department of Commerce, transmitting, the Joint Economic Committee. 2016; to the Committee on Small Business pursuant to law, the report of a rule entitled EC–4497. A communication from the Direc- and Entrepreneurship. ‘‘Pacific Island Pelagic Fisheries; Exemption tor of Regulations and Policy Management EC–4507. A communication from the Dep- for Large U.S. Longline Vessels To Fish in Staff, Food and Drug Administration, De- uty General Counsel, Office of Size Stand- Portions of the American Samoa Large Ves- partment of Health and Human Services, ards, Small Business Administration, trans- sel Prohibited Area’’ (RIN0648–BF22) received transmitting, pursuant to law, the report of mitting, pursuant to law, the report of a rule during adjournment of the Senate in the Of- a rule entitled ‘‘Removal of Review and Re- entitled ‘‘Small Business Size Standards: In- fice of the President of the Senate on Feb- classification Procedures for Biological dustries With Employee Based Size Stand- ruary 18, 2016; to the Committee on Com- Products Licensed Prior to July 1, 1972’’ ards Not Part of Manufacturing, Wholesale merce, Science, and Transportation. (Docket No. FDA–2015–N–2103) received dur- Trade, or Retail Trade’’ (RIN3245–AG51) re- EC–4515. A communication from the Dep- ing adjournment of the Senate in the Office ceived during adjournment of the Senate in uty Assistant Administrator for Regulatory of the President of the Senate on February the Office of the President of the Senate on Programs, National Marine Fisheries Serv- 16, 2016; to the Committee on Health, Edu- February 17, 2016; to the Committee on ice, Department of Commerce, transmitting, cation, Labor, and Pensions. Small Business and Entrepreneurship. pursuant to law, the report of a rule entitled EC–4498. A communication from the Assist- EC–4508. A communication from the Dep- ‘‘Fisheries of the Exclusive Economic Zone ant Secretary for Legislation, Department of uty General Counsel, Office of Size Stand- Off Alaska; Bering Sea and Aleutian Islands Health and Human Services, transmitting, ards, Small Business Administration, trans- Crab Rationalization Program’’ (RIN0648– pursuant to law, the Food and Drug Adminis- mitting, pursuant to law, the report of a rule BF68) received during adjournment of the tration’s (FDA) annual report on Drug entitled ‘‘Small Business Size Standards for Senate in the Office of the President of the Shortages for Calendar Year 2015; to the Manufacturing’’ (RIN3245–AG50) received Senate on February 18, 2016; to the Com- Committee on Health, Education, Labor, and during adjournment of the Senate in the Of- mittee on Commerce, Science, and Transpor- Pensions. fice of the President of the Senate on Feb- tation. EC–4499. A communication from the Assist- ruary 17, 2016; to the Committee on Small EC–4516. A communication from the Acting ant Secretary for Legislation, Department of Business and Entrepreneurship. Director, Office of Sustainable Fisheries, De- Health and Human Services, transmitting, EC–4509. A communication from the Dep- partment of Commerce, transmitting, pursu- pursuant to law, a report entitled ‘‘Fiscal uty General Counsel, Office of Size Stand- ant to law, the report of a rule entitled Year 2014 Report on the Preventive Medicine ards, Small Business Administration, trans- ‘‘Fisheries of the Northeastern United and Public Health Training Grant and Inte- mitting, pursuant to law, the report of a rule States; Northeast Multispecies Fishery; Trip grative Medicine Programs’’; to the Com- entitled ‘‘Small Business Size Standards: Limit Adjustment for the Common Pool mittee on Health, Education, Labor, and Employee Based Size Standards in Wholesale Fishery’’ (RIN0648–XE398) received in the Of- Pensions. Trade and Retail Trade’’ (RIN3245–AG49) re- fice of the President of the Senate on Feb- EC–4500. A communication from the Sec- ceived during adjournment of the Senate in retary of Labor, transmitting, pursuant to the Office of the President of the Senate on ruary 22, 2016; to the Committee on Com- law, a report entitled ‘‘Implementation of February 17, 2016; to the Committee on merce, Science, and Transportation. EC–4517. A communication from the Acting the Short-Time Compensation (STC) Pro- Small Business and Entrepreneurship. gram Provisions in the Middle Class Tax Re- EC–4510. A communication from the Dep- Director, Office of Sustainable Fisheries, De- lief and Job Creation Act of 2012’’; to the uty General Counsel, Office of Grants Man- partment of Commerce, transmitting, pursu- Committee on Health, Education, Labor, and agement, Small Business Administration, ant to law, the report of a rule entitled Pensions. transmitting, pursuant to law, the report of ‘‘Fisheries of the Caribbean, Gulf of Mexico, EC–4501. A communication from the Ad- a rule entitled ‘‘Federal Awarding Agency and South Atlantic; 2015 Commercial Ac- ministrator, Federal Emergency Manage- Regulatory Implementation of Office of Man- countability Measure and Closure for South ment Agency, Department of Homeland Se- agement and Budget’s Uniform Administra- Atlantic Greater Amberjack’’ (RIN0648– curity, transmitting, pursuant to law, a re- tive Requirements, Cost Principles, and XE397) received during adjournment of the port relative to the cost of response and re- Audit Requirements for Federal Awards’’ Senate in the Office of the President of the covery efforts for FEMA–3374–EM in the (RIN3245–AG62) received during adjournment Senate on February 19, 2016; to the Com- State of Missouri having exceeded the of the Senate in the Office of the President mittee on Commerce, Science, and Transpor- $5,000,000 limit for a single emergency dec- of the Senate on February 17, 2016; to the tation. laration; to the Committee on Homeland Se- Committee on Small Business and Entrepre- EC–4518. A communication from the Acting curity and Governmental Affairs. neurship. Director, Office of Sustainable Fisheries, De- EC–4502. A communication from the Sec- EC–4511. A communication from the Chair- partment of Commerce, transmitting, pursu- retary of the Board of Governors, U.S. Postal man, National Transportation Safety Board, ant to law, the report of a rule entitled Service, transmitting, pursuant to law, a re- transmitting, pursuant to law, the report of ‘‘Fisheries of the Exclusive Economic Zone port relative to the Postal Accountability a rule entitled ‘‘Notification and Reporting Off Alaska; Pollock in Statistical Area 610 in and Enhancement Act of 2006; to the Com- of Aircraft Accidents or Incidents and Over- the Gulf of Alaska’’ (RIN0648–XE420) received mittee on Homeland Security and Govern- due Aircraft, and Preservation of Aircraft during adjournment of the Senate in the Of- mental Affairs. Wreckage, Mail, Cargo, and Records’’ fice of the President of the Senate on Feb- EC–4503. A communication from the Dis- (RIN3147–AA11) received during adjournment ruary 18, 2016; to the Committee on Com- trict of Columbia Auditor, transmitting, pur- of the Senate in the Office of the President merce, Science, and Transportation. suant to law, a report entitled ‘‘The Dura- of the Senate on February 18, 2016; to the EC–4519. A communication from the Acting bility of Police Reform: The Metropolitan Committee on Commerce, Science, and Director, Office of Sustainable Fisheries, De- Police Department Use of Force: 2008–2015’’ ; Transportation. partment of Commerce, transmitting, pursu- to the Committee on Homeland Security and EC–4512. A communication from the Fed- ant to law, the report of a rule entitled Governmental Affairs. eral Register and Regulatory Liaison Officer, ‘‘Fisheries of the Exclusive Economic Zone EC–4504. A communication from the Assist- Office of Diversity and Equal Opportunity, Off Alaska; Directed Fishing With Trawl ant Attorney General, Office of Legislative National Aeronautics and Space Administra- Gear by Fisheries Act Catcher Processors in Affairs, Department of Justice, transmit- tion, transmitting, pursuant to law, the re- Bycatch Limitation Zone 1 of the Bering Sea ting, pursuant to law, the semi-annual re- port of a rule entitled ‘‘Discrimination on and Aleutian Islands Management Area’’ ports of the Attorney General relative to en- the Basis of Disability in Federally Assisted (RIN0648–XE429) received during adjourn- forcement actions taken by the Department and Federally Conducted Programs and Ac- ment of the Senate in the Office of the Presi- of Justice under the Lobbying Disclosure Act tivities’’ (RIN2700–AD85) received during ad- dent of the Senate on February 18, 2016; to for the periods beginning on January 1, 2012; journment of the Senate in the Office of the the Committee on Commerce, Science, and July 1, 2012; January 1, 2013; July 1, 2013; Jan- President of the Senate on February 16, 2016; Transportation. uary 1, 2014; July 1, 2014; and January 1, 2015; to the Committee on Commerce, Science, EC–4520. A communication from the Acting to the Committee on the Judiciary. and Transportation. Director, Office of Sustainable Fisheries, De- EC–4505. A communication from the Assist- EC–4513. A communication from the Dep- partment of Commerce, transmitting, pursu- ant Attorney General, transmitting, pursu- uty Assistant Administrator for Regulatory ant to law, the report of a rule entitled

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.013 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S994 CONGRESSIONAL RECORD — SENATE February 24, 2016 ‘‘Fisheries of the Exclusive Economic Zone and second times by unanimous con- Mr. BROWN, Mr. KIRK, Mr. REED, Mr. Off Alaska; Pacific Cod by Pot Catcher/Proc- sent, and referred as indicated: BURR, Mr. DURBIN, and Mrs. BOXER): essors in the Bering Sea and Aleutian Islands S. 2579. A bill to provide additional support By Mr. PORTMAN: Management Area’’ (RIN0648–XE418) received S. 2570. A bill to amend the Unfunded Man- to ensure safe drinking water; to the Com- during adjournment of the Senate in the Of- dates Reform Act of 1995 to provide for regu- mittee on Energy and Natural Resources. fice of the President of the Senate on Feb- latory impact analyses for certain rules and By Mr. PAUL: ruary 18, 2016; to the Committee on Com- consideration of the least burdensome regu- S.J. Res. 30. A joint resolution relating to merce, Science, and Transportation. latory alternative, and for other purposes; to the disapproval of the proposed foreign mili- EC–4521. A communication from the Direc- the Committee on Homeland Security and tary sale to the Government of Pakistan of tor, Office of Sustainable Fisheries, Depart- Governmental Affairs. F–16 Block 52 aircraft; to the Committee on ment of Commerce, transmitting, pursuant By Mr. PETERS (for himself, Mr. COT- Foreign Relations. to law, the report of a rule entitled ‘‘Fish- TON, and Mrs. ERNST): f eries of the Exclusive Economic Zone Off S. 2571. A bill to provide for the eligibility Alaska; Inseason Adjustment to the 2016 Ber- for airport development grants of airports SUBMISSION OF CONCURRENT AND ing Sea and Aleutian Islands Pollock, Atka that enter into certain leases with compo- SENATE RESOLUTIONS Mackerel, and Pacific Cod Total Allowable nents of the Armed Forces; to the Com- Catch Amounts’’ (RIN0648–XE367) received in mittee on Commerce, Science, and Transpor- The following concurrent resolutions the Office of the President of the Senate on tation. and Senate resolutions were read, and February 22, 2016; to the Committee on Com- By Mr. TESTER (for himself, Ms. STA- referred (or acted upon), as indicated: merce, Science, and Transportation. BENOW, Mr. REED, and Mr. PETERS): By Mrs. GILLIBRAND (for herself, Mr. EC–4522. A communication from the Direc- S. 2572. A bill to make demonstration COCHRAN, Mr. REID, Mr. BROWN, Mrs. tor, Office of Sustainable Fisheries, Depart- grants to eligible local educational agencies MCCASKILL, Mrs. MURRAY, Mr. CASEY, ment of Commerce, transmitting, pursuant or consortia of eligible local educational Mr. WYDEN, Mr. COONS, Mr. PORTMAN, to law, the report of a rule entitled ‘‘Magnu- agencies for the purpose of increasing the Mr. WICKER, Ms. KLOBUCHAR, Mr. son-Stevens Act Provisions; Fisheries Off numbers of school nurses in public elemen- WARNER, Mr. BOOKER, Mr. CARPER, West Coast States; Pacific Coast Groundfish tary schools and secondary schools; to the Mrs. SHAHEEN, Mr. SANDERS, Mr. Fishery; 2015–2016 Biennial Specifications Committee on Health, Education, Labor, and DURBIN, Mr. REED, Mrs. FEINSTEIN, and Management Measures; Inseason Adjust- Pensions. Mr. FRANKEN, Mr. MERKLEY, Mr. NEL- ments’’ (RIN0648–BF63) received in the Office By Mr. WHITEHOUSE (for himself, Mr. SON, Mr. KAINE, Ms. WARREN, Mrs. of the President of the Senate on February SCHUMER, and Mr. CASEY): BOXER, Mr. CARDIN, Mr. BENNET, Ms. 22, 2016; to the Committee on Commerce, S. 2573. A bill to amend the Internal Rev- STABENOW, Mr. MARKEY, Ms. AYOTTE, Science, and Transportation. enue Code of 1986 to provide a tax credit for Mr. PERDUE, Mr. BURR, Mr. MORAN, EC–4523. A communication from the Direc- taxpayers who remove lead-based hazards; to Ms. MURKOWSKI, Mr. PAUL, Mr. SCHU- tor, Office of Sustainable Fisheries, Depart- the Committee on Finance. MER, Mr. PETERS, Mr. SCOTT, Mr. ment of Commerce, transmitting, pursuant By Mr. GRASSLEY (for himself, Mrs. TILLIS, Mr. MURPHY, Mr. SESSIONS, to law, the report of a rule entitled ‘‘Fish- GILLIBRAND, Mr. FRANKEN, and Mr. Mr. ISAKSON, and Mr. LEAHY): eries of the Exclusive Economic Zone Off PETERS): S. Res. 372. A resolution celebrating Black Alaska; Inseason Adjustment to the 2016 Ber- S. 2574. A bill to amend title IV of the So- History Month; to the Committee on the Ju- ing Sea and Aleutian Islands Pollock, Atka cial Security Act to require States to adopt diciary. Mackerel, and Pacific Cod Total Allowable a centralized electronic system to help expe- By Ms. HIRONO (for herself, Mr. REID, Catch Amounts’’ (RIN0648–XE367) received dite the placement of children in foster care Mr. DURBIN, Mr. LEAHY, Ms. BALDWIN, during adjournment of the Senate in the Of- or guardianship, or for adoption, across Mr. BROWN, Mr. BLUMENTHAL, Ms. fice of the President of the Senate on Feb- State lines, and to provide grants to aid CANTWELL, Mrs. FEINSTEIN, Mr. ruary 19, 2016; to the Committee on Com- States in developing such a system, and for FRANKEN, Mrs. GILLIBRAND, Ms. KLO- merce, Science, and Transportation. other purposes; to the Committee on Fi- BUCHAR, Mrs. MURRAY, Mr. PETERS, f nance. By Mr. MURPHY: Mr. SCHATZ, Ms. MIKULSKI, Mr. MUR- REPORTS OF COMMITTEES S. 2575. A bill to amend the Internal Rev- PHY, Mr. MARKEY, and Mr. WYDEN): S. Res. 373. A resolution recognizing the The following reports of committees enue Code of 1986 to provide a tax credit for property owners who remove hazards relat- historical significance of Executive Order were submitted: ing to lead, asbestos, and radon; to the Com- 9066 and expressing the sense of the Senate By Mr. THUNE, from the Committee on mittee on Finance. that policies that discriminate against any Commerce, Science, and Transportation, By Ms. AYOTTE: individual based on the actual or perceived with an amendment in the nature of a sub- S. 2576. A bill to permit the Attorney Gen- race, ethnicity, national origin, or religion stitute: eral to authorize a temporary transfer of of that individual would be a repetition of S. 2276. A bill to amend title 49, United funds from Department of Justice accounts the mistakes of Executive Order 9066 and States Code, to provide enhanced safety in in the amount necessary to restore Depart- contrary to the values of the United States; pipeline transportation, and for other pur- ment of Justice Asset Forfeiture Program to the Committee on the Judiciary. poses (Rept. No. 114–209). equitable sharing payments to participating By Mr. MCCONNELL (for himself, Mr. By Mr. INHOFE, from the Committee on law enforcement agencies; to the Committee REID, Mr. GRASSLEY, Mr. LEAHY, Mr. Environment and Public Works, with an on the Judiciary. ALEXANDER, Ms. AYOTTE, Ms. BALD- amendment in the nature of a substitute: By Mr. CORNYN (for himself, Mr. WIN, Mr. BARRASSO, Mr. BENNET, Mr. S. 659. A bill to protect and enhance oppor- LEAHY, Ms. AYOTTE, and Mr. DURBIN): BLUMENTHAL, Mr. BLUNT, Mr. BOOK- tunities for recreational hunting, fishing, S. 2577. A bill to protect crime victims’ ER, Mr. BOOZMAN, Mrs. BOXER, Mr. and shooting, and for other purposes (Rept. rights, to eliminate the substantial backlog BROWN, Mr. BURR, Ms. CANTWELL, No. 114–210). of DNA and other forensic evidence samples Mrs. CAPITO, Mr. CARDIN, Mr. CAR- S. 1024. A bill to authorize the Great Lakes to improve and expand the forensic science PER, Mr. CASEY, Mr. CASSIDY, Mr. Restoration Initiative , and for other pur- testing capacity of Federal, State, and local COATS, Mr. COCHRAN, Ms. COLLINS, poses (Rept. No. 114–211). crime laboratories, to increase research and Mr. COONS, Mr. CORKER, Mr. CORNYN, By Mr. INHOFE, from the Committee on development of new testing technologies, to Mr. COTTON, Mr. CRAPO, Mr. CRUZ, Environment and Public Works, without develop new training programs regarding the Mr. DAINES, Mr. DONNELLY, Mr. DUR- amendment: collection and use of forensic evidence, to BIN, Mr. ENZI, Mrs. ERNST, Mrs. FEIN- S. 1674. A bill to amend and reauthorize provide post-conviction testing of DNA evi- STEIN, Mrs. FISCHER, Mr. FLAKE, Mr. certain provisions relating to Long Island dence to exonerate the innocent, to support FRANKEN, Mr. GARDNER, Mrs. GILLI- Sound restoration and stewardship (Rept. accreditation efforts of forensic science lab- BRAND, Mr. GRAHAM, Mr. HATCH, Mr. No. 114–212). HEINRICH, Ms. HEITKAMP, Mr. HELLER, S. 2143. A bill to provide for the authority oratories and medical examiner offices, to Ms. HIRONO, Mr. HOEVEN, Mr. INHOFE, for the successors and assigns of the Starr- address training and equipment needs, to im- Mr. ISAKSON, Mr. JOHNSON, Mr. Camargo Bridge Company to maintain and prove the performance of counsel in State KAINE, Mr. KING, Mr. KIRK, Ms. KLO- operate a toll bridge across the Rio Grande capital cases, and for other purposes; to the BUCHAR, Mr. LANKFORD, Mr. LEE, Mr. near Rio Grande City, Texas, and for other Committee on the Judiciary. MANCHIN, Mr. MARKEY, Mr. MCCAIN, purposes (Rept. No. 114–213). By Ms. WARREN (for herself and Mrs. CAPITO): Mrs. MCCASKILL, Mr. MENENDEZ, Mr. f S. 2578. A bill to amend the Controlled Sub- MERKLEY, Ms. MIKULSKI, Mr. MORAN, INTRODUCTION OF BILLS AND stances Act to permit certain partial fillings Ms. MURKOWSKI, Mr. MURPHY, Mrs. JOINT RESOLUTIONS of prescriptions; to the Committee on MURRAY, Mr. NELSON, Mr. PAUL, Mr. Health, Education, Labor, and Pensions. PERDUE, Mr. PETERS, Mr. PORTMAN, The following bills and joint resolu- By Ms. STABENOW (for herself, Mr. Mr. REED, Mr. RISCH, Mr. ROBERTS, tions were introduced, read the first INHOFE, Mr. PETERS, Mr. PORTMAN, Mr. ROUNDS, Mr. RUBIO, Mr. SANDERS,

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.015 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S995 Mr. SASSE, Mr. SCHATZ, Mr. SCHUMER, S. 1358, a bill to amend title 38, United S. 2426 Mr. SCOTT, Mr. SESSIONS, Mrs. SHA- States Code, to authorize the Secretary At the request of Mr. CARDIN, the HEEN, Mr. SHELBY, Ms. STABENOW, of Veterans Affairs to inter in national name of the Senator from Michigan Mr. SULLIVAN, Mr. TESTER, Mr. cemeteries individuals who supported (Mr. PETERS) was added as a cosponsor THUNE, Mr. TILLIS, Mr. TOOMEY, Mr. of S. 2426, a bill to direct the Secretary UDALL, Mr. VITTER, Mr. WARNER, Ms. the United States in Laos during the WARREN, Mr. WHITEHOUSE, Mr. Vietnam War era. of State to develop a strategy to obtain WICKER, and Mr. WYDEN): S. 1555 observer status for Taiwan in the S. Res. 374. A resolution relating to the At the request of Ms. HIRONO, the International Criminal Police Organi- death of Antonin Scalia, Associate Justice of name of the Senator from North Caro- zation, and for other purposes. the Supreme Court of the United States; or- lina (Mr. TILLIS) was added as a co- S. 2427 dered held at the desk. sponsor of S. 1555, a bill to award a At the request of Mr. SCHUMER, the f Congressional Gold Medal, collectively, name of the Senator from Vermont ADDITIONAL COSPONSORS to the Filipino veterans of World War (Mr. LEAHY) was added as a cosponsor S. 239 II, in recognition of the dedicated serv- of S. 2427, a bill to prohibit discrimina- tion against individuals with disabil- At the request of Mr. ENZI, the names ice of the veterans during World War of the Senator from Oregon (Mr. II. ities who need long-term services and supports, and for other purposes. MERKLEY) and the Senator from Kansas S. 1874 (Mr. ROBERTS) were added as cospon- At the request of Mr. HATCH, the S. 2455 sors of S. 239, a bill to amend title 49, name of the Senator from Nebraska At the request of Mr. VITTER, his United States Code, with respect to ap- (Mr. SASSE) was added as a cosponsor name was added as a cosponsor of S. portionments under the Airport Im- of S. 1874, a bill to provide protections 2455, a bill to expand school choice in provement Program, and for other pur- for workers with respect to their right the District of Columbia. poses. to select or refrain from selecting rep- S. 2474 S. 353 resentation by a labor organization. At the request of Mr. COTTON, the At the request of Mr. PAUL, the name S. 1890 name of the Senator from Arkansas of the Senator from Oregon (Mr. At the request of Mr. HATCH, the (Mr. BOOZMAN) was added as a cospon- MERKLEY) was added as a cosponsor of name of the Senator from Oklahoma sor of S. 2474, a bill to allow for addi- S. 353, a bill to amend title 18, United (Mr. INHOFE) was added as a cosponsor tional markings, including the words States Code, to prevent unjust and ir- of S. 1890, a bill to amend chapter 90 of ‘‘Israel’’ and ‘‘Product in Israel,’’ to be rational criminal punishments. title 18, United States Code, to provide used for country of origin marking re- S. 441 Federal jurisdiction for the theft of quirements for goods made in the geo- At the request of Mr. NELSON, the trade secrets, and for other purposes. graphical areas known as the West name of the Senator from Montana S. 1913 Bank and Gaza Strip. (Mr. DAINES) was added as a cosponsor At the request of Mr. TOOMEY, the S. 2512 of S. 441, a bill to amend the Federal names of the Senator from Iowa (Mr. At the request of Mr. FRANKEN, the Food, Drug, and Cosmetic Act to clar- GRASSLEY) and the Senator from Maine names of the Senator from Pennsyl- ify the Food and Drug Administra- (Ms. COLLINS) were added as cosponsors vania (Mr. CASEY) and the Senator tion’s jurisdiction over certain tobacco of S. 1913, a bill to amend title XVIII of from Ohio (Mr. PORTMAN) were added products, and to protect jobs and small the Social Security Act to establish as cosponsors of S. 2512, a bill to ex- businesses involved in the sale, manu- programs to prevent prescription drug pand the tropical disease product pri- facturing and distribution of tradi- abuse under the Medicare program, and ority review voucher program to en- tional and premium cigars. for other purposes. courage treatments for Zika virus. S. 524 S. 2041 S. 2531 At the request of Mr. WHITEHOUSE, At the request of Mr. CASEY, the At the request of Mr. KIRK, the the name of the Senator from Hawaii names of the Senator from West Vir- names of the Senator from Connecticut (Mr. SCHATZ) was added as a cosponsor ginia (Mrs. CAPITO) and the Senator (Mr. BLUMENTHAL), the Senator from of S. 524, a bill to authorize the Attor- from Indiana (Mr. DONNELLY) were Utah (Mr. HATCH) and the Senator from ney General to award grants to address added as cosponsors of S. 2041, a bill to Oregon (Mr. WYDEN) were added as co- the national epidemics of prescription promote the development of safe drugs sponsors of S. 2531, a bill to authorize opioid abuse and heroin use. for neonates. State and local governments to divest At the request of Mr. PORTMAN, the S. 2185 from entities that engage in com- name of the Senator from North Caro- At the request of Ms. HEITKAMP, the merce-related or investment-related lina (Mr. TILLIS) was added as a co- name of the Senator from Rhode Island boycott, divestment, or sanctions ac- sponsor of S. 524, supra. (Mr. REED) was added as a cosponsor of tivities targeting Israel, and for other S. 578 S. 2185, a bill to require the Secretary purposes. At the request of Mr. SCHUMER, the of the Treasury to mint coins in rec- S. 2540 name of the Senator from Hawaii (Ms. ognition of the fight against breast At the request of Mr. REID, the name HIRONO) was added as a cosponsor of S. cancer. of the Senator from Oregon (Mr. 578, a bill to amend title XVIII of the S. 2268 WYDEN) was added as a cosponsor of S. Social Security Act to ensure more At the request of Mr. CORNYN, the 2540, a bill to provide access to counsel timely access to home health services name of the Senator from Arkansas for unaccompanied children and other for Medicare beneficiaries under the (Mr. BOOZMAN) was added as a cospon- vulnerable populations. Medicare program. sor of S. 2268, a bill to award a Congres- S. 2558 S. 1131 sional Gold Medal to the United States At the request of Mr. NELSON, the At the request of Mr. FRANKEN, the Army Dust Off crews of the Vietnam name of the Senator from Minnesota name of the Senator from Mississippi War, collectively, in recognition of (Ms. KLOBUCHAR) was added as a co- (Mr. COCHRAN) was added as a cospon- their extraordinary heroism and life- sponsor of S. 2558, a bill to expand the sor of S. 1131, a bill to amend title saving actions in Vietnam. prohibition on misleading or inac- XVIII of the Social Security Act to re- S. 2276 curate caller identification informa- duce the incidence of diabetes among At the request of Mrs. FISCHER, the tion, and for other purposes. Medicare beneficiaries, and for other name of the Senator from California S. 2559 purposes. (Mrs. FEINSTEIN) was added as a co- At the request of Mr. BURR, the S. 1358 sponsor of S. 2276, a bill to amend title names of the Senator from Kansas (Mr. At the request of Ms. MURKOWSKI, the 49, United States Code, to provide en- ROBERTS), the Senator from Kansas name of the Senator from Rhode Island hanced safety in pipeline transpor- (Mr. MORAN), the Senator from North (Mr. REED) was added as a cosponsor of tation, and for other purposes. Carolina (Mr. TILLIS), the Senator from

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.018 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S996 CONGRESSIONAL RECORD — SENATE February 24, 2016 West Virginia (Mrs. CAPITO) and the S. 2577 SEC. 5. SEXUAL ASSAULT NURSE EXAMINERS. Senator from Missouri (Mr. BLUNT) Be it enacted by the Senate and House of Rep- Section 304 of the DNA Sexual Assault Jus- were added as cosponsors of S. 2559, a resentatives of the United States of America in tice Act of 2004 (42 U.S.C. 14136a) is amend- bill to prohibit the modification, ter- Congress assembled, ed— (1) by redesignating subsection (c) as sub- mination, abandonment, or transfer of SECTION 1. SHORT TITLE. section (d); and This Act may be cited as the ‘‘Justice for the lease by which the United States (2) by inserting after subsection (b) the fol- All Reauthorization Act of 2016’’. acquired the land and waters con- lowing: taining Naval Station, Guantanamo SEC. 2. CRIME VICTIMS’ RIGHTS. ‘‘(c) PREFERENCE.— Bay, Cuba. (a) RESTITUTION DURING SUPERVISED RE- ‘‘(1) IN GENERAL.—In reviewing applica- S. 2563 LEASE.—Section 3583(d) of title 18, United tions submitted in accordance with a pro- States Code, is amended in the first sentence At the request of Mr. MORAN, the gram authorized, in whole or in part, by this name of the Senator from Missouri by inserting ‘‘, that the defendant make res- section, the Attorney General shall give titution in accordance with sections 3663 and preference to any eligible entity that cer- (Mr. BLUNT) was added as a cosponsor 3663A, or any other statute authorizing a of S. 2563, a bill to affirm the impor- tifies that the entity will use the grant funds sentence of restitution,’’ after ‘‘supervision’’. to— tance of the land forces of the United (b) COLLECTION OF RESTITUTION FROM DE- ‘‘(A) operate or expand forensic nurse ex- States Armed Forces and to authorize FENDANT’S ESTATE.—Section 3613(b) of title aminer programs in a rural area or for an un- fiscal year 2016 end-strength minimum 18, United States Code, is amended by adding derserved population, as those terms are de- levels for the active and reserve com- at the end the following: ‘‘The liability to fined in section 4002 of the Violence Against ponents of such land forces, and for pay restitution shall terminate on the date Women Act of 1994 (42 U.S.C. 13925); other purposes. that is the later of 20 years from the entry of ‘‘(B) hire full-time forensic nurse exam- judgment or 20 years after the release from S.J. RES. 21 iners to conduct activities under subsection imprisonment of the person ordered to pay (a); or At the request of Ms. MURKOWSKI, her restitution. In the event of the death of the name was added as a cosponsor of S.J. ‘‘(C) sustain or establish a training pro- person ordered to pay restitution, the indi- gram for forensic nurse examiners. Res. 21, a joint resolution proposing an vidual’s estate will be held responsible for ‘‘(2) DIRECTIVE TO THE ATTORNEY GEN- amendment to the Constitution of the any unpaid balance of the restitution ERAL.—Not later than 120 days after the date United States authorizing the Congress amount, and the lien provided in subsection of enactment of the Justice for All Reau- to prohibit the physical desecration of (c) of this section shall continue until the es- thorization Act of 2016, the Attorney General the flag of the United States. tate receives a written release of that liabil- shall coordinate with the Secretary of S. CON. RES. 4 ity.’’. Health and Human Services to inform Fed- (c) VICTIM INTERPRETERS.—Rule 28 of the At the request of Mr. BARRASSO, the eral Qualified Health Centers, Community Federal Rules of Criminal Procedure is name of the Senator from Maine (Ms. Health Centers, hospitals, colleges and uni- amended in the first sentence by inserting versities, and other appropriate health-re- COLLINS) was added as a cosponsor of S. before the period at the end the following: ‘‘, lated entities about the role of forensic Con. Res. 4, a concurrent resolution including an interpreter for the victim’’. nurses and existing resources available with- supporting the Local Radio Freedom SEC. 3. AUTHORIZATION OF APPROPRIATIONS in the Department of Justice and the Depart- Act. FOR GRANTS FOR CRIME VICTIMS. ment of Health and Human Services to train S. RES. 346 (a) CRIME VICTIMS LEGAL ASSISTANCE or employ forensic nurses to address the At the request of Mr. FLAKE, his GRANTS.—Section 103(b) of the Justice for needs of communities dealing with sexual as- name was added as a cosponsor of S. All Act of 2004 (Public Law 108–405; 118 Stat. sault, domestic violence, and elder abuse. Res. 346, a resolution expressing oppo- 2264) is amended— The Attorney General shall collaborate on sition to the European Commission in- (1) in paragraph (1), by striking ‘‘2006, 2007, this effort with nongovernmental organiza- terpretive notice regarding labeling 2008, and 2009’’ and inserting ‘‘2017 through tions representing forensic nurses.’’. 2021’’; Israeli products and goods manufac- SEC. 6. PROTECTING THE VIOLENCE AGAINST (2) in paragraph (2), by striking ‘‘2006, 2007, WOMEN ACT. tured in the West Bank and other 2008, and 2009’’ and inserting ‘‘2017 through Section 8(e)(1)(A) of the Prison Rape Elimi- areas, as such actions undermine the 2021’’; nation Act of 2003 (42 U.S. 15607(e)(1)(A)) is Israeli-Palestinian peace process. (3) in paragraph (3), by striking ‘‘2006, 2007, amended— f 2008, and 2009’’ and inserting ‘‘2017 through (1) in clause (i), by striking ‘‘and’’ at the 2021’’; end; STATEMENTS ON INTRODUCED (4) in paragraph (4), by striking ‘‘2006, 2007, (2) in clause (ii), by striking the period and BILLS AND JOINT RESOLUTIONS 2008, and 2009’’ and inserting ‘‘2017 through inserting ‘‘; and’’; and 2021’’; and (3) by inserting at the end the following: (5) in paragraph (5), by striking ‘‘2006, 2007, By Mr. CORNYN (for himself, Mr. ‘‘(iii) the program is not administered by 2008, and 2009’’ and inserting ‘‘2017 through the Office on Violence Against Women of the LEAHY, Ms. AYOTTE, and Mr. 2021’’. Department of Justice.’’. DURBIN): (b) CRIME VICTIMS NOTIFICATION GRANTS.— SEC. 7. CLARIFICATION OF VIOLENCE AGAINST S. 2577. A bill to protect crime vic- Section 1404E(c) of the Victims of Crime Act WOMEN ACT HOUSING PROTEC- tims’ rights, to eliminate the substan- of 1984 (42 U.S.C. 10603e(c)) is amended by TIONS. tial backlog of DNA and other forensic striking ‘‘2006, 2007, 2008, and 2009’’ and in- Section 41411(b)(3)(B)(ii) of the Violence evidence samples to improve and ex- serting ‘‘2017 through 2021.’’. Against Women Act of 1994 (42 U.S.C. 14043e– pand the forensic science testing ca- SEC. 4. REDUCING THE RAPE KIT BACKLOG. 11(b)(3)(B)(ii)) is amended— pacity of Federal, State, and local Of the amounts made available to the At- (1) in the first sentence, by inserting ‘‘or crime laboratories, to increase re- torney General for a DNA Analysis and ca- resident’’ after ‘‘any remaining tenant’’; and search and development of new testing pacity enhancement program and for other (2) in the second sentence, by inserting ‘‘or local, State, and Federal forensic activities resident’’ after ‘‘tenant’’ each place it ap- technologies, to develop new training pears. programs regarding the collection and under the heading ‘‘STATE AND LOCAL LAW EN- FORCEMENT’’ under the heading ‘‘OFFICE OF SEC. 8. STRENGTHENING THE PRISON RAPE use of forensic evidence, to provide JUSTICE PROGRAMS’’ under the heading ‘‘DE- ELIMINATION ACT. post-conviction testing of DNA evi- PARTMENT OF JUSTICE’’ in a fiscal year— The Prison Rape Elimination Act of 2003 dence to exonerate the innocent, to (1) not less than 75 percent of such (42 U.S.C. 15601 et seq.) is amended— support accreditation efforts of foren- amounts shall be provided for grants for di- (1) in section 6(d)(2) (42 U.S.C. 15605(d)(2)), sic science laboratories and medical ex- rect testing activities described under para- by striking subparagraph (A) and inserting aminer offices, to address training and graphs (1), (2), and (3) of section 2(a) of the the following: equipment needs, to improve the per- DNA Analysis Backlog Elimination Act of ‘‘(A)(i) include the certification of the formance of counsel in State capital 2000 (42 U.S.C. 14135(a)); and chief executive that the State receiving such cases, and for other purposes; to the (2) not less than 5 percent of such amounts grant has adopted all national prison rape Committee on the Judiciary. shall be provided for grants for law enforce- standards that, as of the date on which the ment agencies to conduct audits of their application was submitted, have been pro- Mr. CORNYN. Mr. President, I ask backlogged rape kits, including through the mulgated under this Act; or unanimous consent that the text of the creation of a tracking system, under section ‘‘(ii) demonstrate to the Attorney General, bill be printed in the RECORD. 2(a)(7) of the DNA Analysis Backlog Elimi- in such manner as the Attorney General There being no objection, the text of nation Act of 2000 (42 U.S.C. 14135(a)(7)), and shall require, that the State receiving such the bill was ordered to be printed in to prioritize testing in those cases in which grant is actively working to adopt and the RECORD, as follows: the statute of limitation will soon expire. achieve full compliance with the national

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.021 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S997 prison rape standards described in clause plan for the expenditure of the funds during of the Justice for All Reauthorization Act of (i);’’; and the applicable grant period. 2016, the Attorney General shall request (2) in section 8(e) (42 U.S.C. 15607(e))— ‘‘(iii) ACCOUNTING OF FUNDS.—A chief exec- from each State, and make available on an (A) by striking paragraph (2) and inserting utive officer of a State who submits an as- appropriate Internet website, all final audit the following: surance under subparagraph (A)(ii)(I) shall, reports completed to date for prisons under ‘‘(2) ADOPTION OF NATIONAL STANDARDS.— in a manner consistent with the applicable the operational control of the executive ‘‘(A) IN GENERAL.—For each fiscal year, grant reporting requirements, submit to the branch of each State. The Attorney General any amount that a State would otherwise re- Attorney General a detailed accounting of shall update such website annually with re- ceive for prison purposes for that fiscal year how the funds described in subparagraph (A) ports received from States under subpara- under a grant program covered by this sub- were used. graphs (B)(i) and (C)(i). section shall be reduced by 5 percent, unless ‘‘(D) SUNSET OF ASSURANCE OPTION.— ‘‘(G) REPORT ON IMPLEMENTATION OF NA- the chief executive officer of the State sub- ‘‘(i) IN GENERAL.—On the date that is 3 TIONAL STANDARDS.—Not later than 2 years mits to the Attorney General proof of com- years after the date of enactment of the Jus- after the date of enactment of the Justice for pliance with this Act through— tice for All Reauthorization Act of 2016, sub- All Reauthorization Act of 2016, the Attor- ‘‘(i) a certification that the State has clause (II) of subparagraph (A)(ii) shall cease ney General shall issue a report to the Com- adopted, and is in full compliance with, the to have effect. mittee on the Judiciary of the Senate and national standards described in subsection ‘‘(ii) ADDITIONAL SUNSET.—On the date that the Committee on the Judiciary of the House (a); or is 6 years after the date of enactment of the of Representatives on the status of imple- ‘‘(ii) an assurance that the State intends to Justice for All Reauthorization Act of 2016, mentation of the national standards and the adopt and achieve full compliance with those clause (ii) of subparagraph (A) shall cease to steps the Department, in conjunction with national standards so as to ensure that a cer- have effect. the States and other key stakeholders, is tification under clause (i) may be submitted ‘‘(iii) EMERGENCY ASSURANCES.— taking to address any unresolved implemen- in future years, which includes— ‘‘(I) REQUEST.—Notwithstanding clause (ii), tation issues.’’; and ‘‘(I) a commitment that not less than 5 during the 2-year period beginning 6 years (B) by adding at the end the following: percent of such amount shall be used for this after the date of enactment of the Justice for ‘‘(8) BACKGROUND CHECKS FOR AUDITORS.— purpose; or All Reauthorization Act of 2016, a chief exec- An individual seeking certification by the ‘‘(II) a request that the Attorney General utive officer of a State who certifies that the Department of Justice to serve as an auditor hold 5 percent of such amount in abeyance State has audited not less than 90 percent of of prison compliance with the national pursuant to the requirements of subpara- prisons under the operational control of the standards described in subsection (a) shall, graph (E). executive branch of the State may request upon request, submit fingerprints in the ‘‘(B) RULES FOR CERTIFICATION.— that the Attorney General allow the chief manner determined by the Attorney General ‘‘(i) IN GENERAL.—A chief executive officer executive officer to submit an emergency as- for criminal history record checks of the ap- of a State who submits a certification under surance in accordance with subparagraph plicable State and Federal Bureau of Inves- this paragraph shall also provide the Attor- (A)(ii) as in effect on the day before the date tigation repositories.’’. ney General with— on which that subparagraph ceased to have ‘‘(I) a list of the prisons under the oper- effect under clause (ii) of this subparagraph. SEC. 9. ADDITIONAL REAUTHORIZATIONS. ational control of the executive branch of ‘‘(II) GRANT OF REQUEST.—The Attorney (a) DNA RESEARCH AND DEVELOPMENT.— the State; General shall grant a request submitted Section 305(c) of the Justice for All Act of ‘‘(II) a list of the prisons listed under sub- under subclause (I) within 60 days upon a 2004 (42 U.S.C. 14136b(c)) is amended by strik- clause (I) that were audited during the most showing of good cause. ing ‘‘$15,000,000 for each of fiscal years 2005 recently concluded audit year; ‘‘(E) DISPOSITION OF FUNDS HELD IN ABEY- through 2009’’ and inserting ‘‘$5,000,000 for ‘‘(III) all final audit reports for prisons ANCE.— each of fiscal years 2017 through 2021’’. listed under subclause (I) that were com- ‘‘(i) IN GENERAL.—If the chief executive of- (b) FBI DNA PROGRAMS.—Section 307(a) of pleted during the most recently concluded ficer of a State who has submitted an assur- the Justice for All Act of 2004 (Public Law audit year; and ance under subparagraph (A)(ii)(II) subse- 108–405; 118 Stat. 2275) is amended by striking ‘‘(IV) a proposed schedule for completing quently submits a certification under sub- ‘‘$42,100,000 for each of fiscal years 2005 an audit of all the prisons listed under sub- paragraph (A)(i) during the 3-year period be- through 2009’’ and inserting ‘‘$10,000,000 for clause (I) during the following 3 audit years. ginning on the date of enactment of the Jus- each of fiscal years 2017 through 2021’’. ‘‘(ii) AUDIT APPEAL EXCEPTION.—Beginning tice for All Reauthorization Act of 2016, the (c) DNA IDENTIFICATION OF MISSING PER- on the date that is 3 years after the date of Attorney General will release all funds held SONS.—Section 308(c) of the Justice for All enactment of the Justice for All Reauthor- in abeyance under subparagraph (A)(ii)(II) to Act of 2004 (42 U.S.C. 14136d(c)) is amended by ization Act of 2016, a chief executive officer be used by the State in accordance with the striking ‘‘fiscal years 2005 through 2009’’ and of a State may submit a certification that conditions of the grant program for which inserting ‘‘fiscal years 2017 through 2021’’. the State is in full compliance pursuant to the funds were provided. SEC. 10. PAUL COVERDELL FORENSIC SCIENCES subparagraph (A)(i) even if a prison under ‘‘(ii) RELEASE OF FUNDS.—If the chief exec- IMPROVEMENT GRANTS. the operational control of the executive utive officer of a State who has submitted an (a) GRANTS.—Part BB of title I of the Om- branch of the State has an audit appeal assurance under subparagraph (A)(ii)(II) is nibus Crime Control and Safe Streets Act of pending. unable to submit a certification during the 3- 1968 (42 U.S.C. 3797j) is amended— ‘‘(C) RULES FOR ASSURANCES.— year period beginning on the date of enact- (1) in section 2802(2) (42 U.S.C. 3797k(2)), by ‘‘(i) IN GENERAL.—A chief executive officer ment of the Justice for All Reauthorization inserting after ‘‘bodies’’ the following: ‘‘and of a State who submits an assurance under Act of 2016, but does assure the Attorney is accredited by an accrediting body that is subparagraph (A)(ii) shall also provide the General that 2⁄3 of prisons under the oper- a signatory to an internationally recognized Attorney General with— ational control of the executive branch of arrangement and that offers accreditation to ‘‘(I) a list of the prisons under the oper- the State have been audited at least once, forensic science conformity assessment bod- ational control of the executive branch of the Attorney General shall release all of the ies using an accreditation standard that is the State; funds of the State held in abeyance to be recognized by that internationally recog- ‘‘(II) a list of the prisons listed under sub- used in adopting and achieving full compli- nized arrangement, or attests, in a manner clause (I) that were audited during the most ance with the national standards, if the that is legally binding and enforceable, to recently concluded audit year; State agrees to comply with the applicable use a portion of the grant amount to prepare ‘‘(III) an explanation of any barriers the requirements in clauses (ii) and (iii) of sub- and apply for such accreditation not more State faces to completing required audits; paragraph (C). than 2 years after the date on which a grant ‘‘(IV) all final audit reports for prisons list- ‘‘(iii) REDISTRIBUTION OF FUNDS.—If the is awarded under section 2801’’; ed under subclause (I) that were completed chief executive officer of a State who has (2) in section 2803(a) (42 U.S.C. 3797l(a))— during the most recently concluded audit submitted an assurance under subparagraph (A) in paragraph (1)— year; (A)(ii)(II) is unable to submit a certification (i) by striking ‘‘Seventy-five percent’’ and ‘‘(V) a proposed schedule for completing an during the 3-year period beginning on the inserting ‘‘Eighty-five percent’’; and audit of all prisons under the operational date of enactment of the Justice for All Re- (ii) by striking ‘‘75 percent’’ and inserting control of the executive branch of the State authorization Act of 2016 and does not assure ‘‘85 percent’’; during the following 3 audit years; and the Attorney General that 2⁄3 of prisons (B) in paragraph (2), by striking ‘‘Twenty- ‘‘(VI) an explanation of the State’s current under the operational control of the execu- five percent’’ and inserting ‘‘Fifteen per- degree of implementation of the national tive branch of the State have been audited at cent’’; and standards. least once, the Attorney General shall redis- (C) in paragraph (3), by striking ‘‘0.6 per- ‘‘(ii) ADDITIONAL REQUIREMENT.—A chief ex- tribute the funds of the State held in abey- cent’’ and inserting ‘‘1 percent’’; ecutive officer of a State who submits an as- ance to other States to be used in accordance (3) in section 2804(a) (42 U.S.C. 3797m(a)) is surance under subparagraph (A)(ii)(I) shall, with the conditions of the grant program for amended— before receiving the applicable funds de- which the funds were provided. (A) in paragraph (2)— scribed in subparagraph (A)(ii)(I), also pro- ‘‘(F) PUBLICATION OF AUDIT RESULTS.—Not (i) by inserting ‘‘impression evidence,’’ vide the Attorney General with a proposed later than 1 year after the date of enactment after ‘‘latent prints,’’; and

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.027 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S998 CONGRESSIONAL RECORD — SENATE February 24, 2016 (ii) by inserting ‘‘digital evidence, fire evi- multaneously disclosed to the court, the ap- through 2009’’ and inserting ‘‘$10,000,000 for dence,’’ after ‘‘toxicology,’’; plicant, and the Government. each of fiscal years 2017 through 2021’’. (B) in paragraph (3), by inserting ‘‘and ‘‘(B) RESULTS EXCLUDE APPLICANT.— SEC. 14. ESTABLISHMENT OF BEST PRACTICES medicolegal death investigators’’ after ‘‘lab- ‘‘(i) IN GENERAL.—If a DNA profile is ob- FOR EVIDENCE RETENTION. oratory personnel’’; and tained through testing that excludes the ap- (a) IN GENERAL.—Subtitle A of title IV of (C) by inserting at the end the following: plicant as the source and the DNA complies the Justice for All Act of 2004 (Public Law ‘‘(4) To address emerging forensic science with the Federal Bureau of Investigation’s 108–405; 118 Stat. 2278) is amended by adding issues (such as statistics, contextual bias, requirements for the uploading of crime at the end the following: and uncertainty of measurement) and emerg- scene profiles to the National DNA Index ‘‘SEC. 414. ESTABLISHMENT OF BEST PRACTICES ing forensic science technology (such as high System (referred to in this subsection as FOR EVIDENCE RETENTION. throughput automation, statistical software, ‘NDIS’), the court shall order that the law ‘‘(a) IN GENERAL.—The Director of the Na- and new types of instrumentation). enforcement entity with direct or conveyed tional Institute of Justice, in consultation ‘‘(5) To educate and train forensic patholo- statutory jurisdiction that has access to the with Federal, State, and local law enforce- gists in the United States. NDIS submit the DNA profile obtained from ment agencies and government laboratories, ‘‘(6) To work with the States and units of probative biological material from crime shall— local government to direct funding to scene evidence to determine whether the ‘‘(1) establish best practices for evidence medicolegal death investigation systems to DNA profile matches a profile of a known in- retention to focus on the preservation of fo- facilitate accreditation of medical examiner dividual or a profile from an unsolved crime. rensic evidence; and and coroner offices and certification of ‘‘(ii) NDIS SEARCH.—The results of a search ‘‘(2) assist State, local, and tribal govern- medicolegal death investigators.’’; and under clause (i) shall be simultaneously dis- ments in adopting and implementing the (4) in section 2806(a) (42 U.S.C. 3797o(a))— closed to the court, the applicant, and the best practices established under paragraph (A) in paragraph (3), by striking ‘‘and’’ at Government.’’; and (1). the end; (B) in paragraph (2), by striking ‘‘the Na- ‘‘(b) DEADLINE.—Not later than 1 year after (B) by redesignating paragraph (4) as para- tional DNA Index System (referred to in this the date of enactment of this section, the Di- graph (5); and subsection as ‘NDIS’)’’ and inserting rector of the National Institute of Justice (C) by inserting after paragraph (3) the fol- ‘‘NDIS’’; and shall publish the best practices established lowing: (5) in subsection (g)(2)(B), by striking under subsection (a)(1). ‘‘(4) the progress of any unaccredited foren- ‘‘death’’. ‘‘(c) LIMITATION.—Nothing in this section sic science service provider receiving grant (b) PRESERVATION OF BIOLOGICAL EVI- shall be construed to require or obligate DENCE.—Section 3600A of title 18, United funds toward obtaining accreditation; and’’. compliance with the best practices estab- (b) AUTHORIZATION OF APPROPRIATIONS.— States Code, is amended— lished under subsection (a)(1).’’. Section 1001(a)(24) of title I of the Omnibus (1) in subsection (a), by striking ‘‘under a (b) TECHNICAL AND CONFORMING AMEND- Crime Control and Safe Streets Act of 1968 sentence of’’ and inserting ‘‘sentenced to’’; MENT.—The table of contents in section 1(b) (42 U.S.C. 3793(a)(24)) is amended— and of the Justice for All Act of 2004 (Public Law (1) in subparagraph (H), by striking ‘‘and’’ (2) in subsection (c)— 108–405; 118 Stat. 2260) is amended by insert- at the end; (A) by striking paragraphs (1) and (2); and ing after the item relating to section 413 the (2) in subparagraph (I), by striking the pe- (B) by redesignating paragraphs (3), (4), following: riod at the end and inserting ‘‘; and’’; and and (5) as paragraphs (1), (2), and (3), respec- (3) by adding at the end the following: tively. ‘‘Sec. 414. Establishment of best practices for evidence retention.’’. ‘‘(J) $25,000,000 for each of fiscal years 2017 SEC. 13. KIRK BLOODSWORTH POST-CONVICTION through 2021.’’. DNA TESTING PROGRAM. SEC. 15. EFFECTIVE ADMINISTRATION OF CRIMI- SEC. 11. IMPROVING THE QUALITY OF REP- (a) IN GENERAL.—Section 413 of the Justice NAL JUSTICE. RESENTATION IN STATE CAPITAL for All Act of 2004 (42 U.S.C. 14136 note) is (a) SHORT TITLE.—This section may be CASES. amended— cited as the ‘‘Effective Administration of Section 426 of the Justice for All Act of (1) in the matter preceding paragraph (1), Criminal Justice Act of 2015’’. 2004 (42 U.S.C. 14163e) is amended— by striking ‘‘fiscal years 2005 through 2009’’ (b) STRATEGIC PLANNING.—Section 502 of (1) in subsection (a), by striking and inserting ‘‘fiscal years 2017 through title I of the Omnibus Crime Control and ‘‘$75,000,000 for each of fiscal years 2005 2021’’; and Safe Streets Act of 1968 (42 U.S.C. 3752) is through 2009’’ and inserting ‘‘$30,000,000 for (2) by striking paragraph (2) and inserting amended— each of fiscal years 2017 through 2021’’; and the following: (1) by inserting ‘‘(A) IN GENERAL.—’’ before (2) in subsection (b), by inserting before ‘‘(2) for eligible entities that are a State or ‘‘To request a grant’’; and the period at the end the following: ‘‘, or unit of local government, provide a certifi- (2) by adding at the end the following: upon a showing of good cause, and at the dis- cation by the chief legal officer of the State ‘‘(6) A comprehensive Statewide plan de- cretion of the Attorney General, the State in which the eligible entity operates or the tailing how grants received under this sec- may determine a fair allocation of funds chief legal officer of the jurisdiction in tion will be used to improve the administra- across the uses described in sections 421 and which the funds will be used for the purposes tion of the criminal justice system, which 422’’. of the grants, that the State or jurisdic- shall— SEC. 12. POST-CONVICTION DNA TESTING. tion— ‘‘(A) be designed in consultation with local (a) IN GENERAL.—Section 3600 of title 18, ‘‘(A) provides DNA testing of specified evi- governments, and representatives of all seg- United States Code, is amended— dence under a State statute or a State or ments of the criminal justice system, includ- (1) by striking ‘‘under a sentence of’’ in local rule or regulation to persons sentenced ing judges, prosecutors, law enforcement per- each place it appears and inserting ‘‘sen- to imprisonment or death for a State felony sonnel, corrections personnel, and providers tenced to’’; offense, in a manner intended to ensure a of indigent defense services, victim services, (2) in subsection (a)— reasonable process for resolving claims of ac- juvenile justice delinquency prevention pro- (A) in paragraph (1)(B)(i), by striking tual innocence that ensures post-conviction grams, community corrections, and reentry ‘‘death’’; and DNA testing in at least those cases that services; (B) in paragraph (3)(A), by striking ‘‘and would be covered by section 3600(a) of title ‘‘(B) include a description of how the State the applicant did not—’’ and all that follows 18, United States Code, had they been Fed- will allocate funding within and among each through ‘‘knowingly fail to request’’ and in- eral cases and, if the results of the testing of the uses described in subparagraphs (A) serting ‘‘and the applicant did not knowingly exclude the applicant as the source of the through (G) of section 501(a)(1); fail to request’’; DNA, permits the applicant to apply for ‘‘(C) describe the process used by the State (3) in subsection (b)(1)— post-conviction relief, notwithstanding any for gathering evidence-based data and devel- (A) in subparagraph (A), by striking ‘‘and’’ provision of law that would otherwise bar oping and using evidence-based and evidence- at the end; the application as untimely; and gathering approaches in support of funding (B) in subparagraph (B), by striking the pe- ‘‘(B) preserves biological evidence, as de- decisions; riod at the end and inserting ‘‘; and’’; and fined in section 3600A of title 18, United ‘‘(D) describe the barriers at the State and (C) by adding at the end the following: States Code, under a State statute or a State local level for accessing data and imple- ‘‘(C) order the Government to— or local rule, regulation, or practice in a menting evidence-based approaches to pre- ‘‘(i) prepare an inventory of the evidence manner intended to ensure that reasonable venting and reducing crime and recidivism; related to the case; and measures are taken by the State or jurisdic- and ‘‘(ii) issue a copy of the inventory to the tion to preserve biological evidence secured ‘‘(E) be updated every 5 years, with annual court, the applicant, and the Government.’’; in relation to the investigation or prosecu- progress reports that— (4) in subsection (e)— tion of, at a minimum, murder, nonnegligent ‘‘(i) address changing circumstances in the (A) by amending paragraph (1) to read as manslaughter and sexual offenses.’’. State, if any; follows: (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(ii) describe how the State plans to adjust ‘‘(1) RESULTS.— Section 412(b) of the Justice for All Act of funding within and among each of the uses ‘‘(A) IN GENERAL.—The results of any DNA 2004 (42 U.S.C. 14136e(b)) is amended by strik- described in subparagraphs (A) through (G) testing ordered under this section shall be si- ing ‘‘$5,000,000 for each of fiscal years 2005 of section 501(a)(1);

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‘‘(iii) provide an ongoing assessment of audit report finding in the final audit report (B) PENALTY.—If the Attorney General de- need; of the Inspector General of the Department termines that any recipient of a grant under ‘‘(iv) discuss the accomplishment of goals of Justice that the grantee has utilized grant this Act has violated subparagraph (A), the identified in any plan previously prepared funds for an unauthorized expenditure or Attorney General shall— under this paragraph; and otherwise unallowable cost that is not closed (i) require the grant recipient to repay the ‘‘(v) reflect how the plan influenced fund- or resolved within a 12-month period begin- grant in full; and ing decisions in the previous year. ning on the date when the final audit report (ii) prohibit the grant recipient from re- ‘‘(b) TECHNICAL ASSISTANCE.— is issued. ceiving another grant under this Act for not ‘‘(1) STRATEGIC PLANNING.—Not later than (6) NONPROFIT ORGANIZATION REQUIRE- less than 5 years. 90 days after the date of enactment of this MENTS.— SEC. 17. NEEDS ASSESSMENT OF FORENSIC LAB- subsection, the Attorney General shall begin (A) DEFINITION.—For purposes of this sec- ORATORIES. to provide technical assistance to States and tion and the grant programs described in (a) STUDY AND REPORT.—Not later than Oc- local governments requesting support to de- this Act, the term ‘‘nonprofit organization’’ tober 1, 2018, the Attorney General shall con- velop and implement the strategic plan re- means an organization that is described in duct a study and submit a report to the Com- quired under subsection (a)(6). section 501(c)(3) of the Internal Revenue Code mittee of the Judiciary of the Senate and the ‘‘(2) PROTECTION OF CONSTITUTIONAL Committee on the Judiciary of the House of of 1986 and is exempt from taxation under RIGHTS.—Not later than 90 days after the Representatives on the status and needs of section 501(a) of such Code. date of enactment of this subsection, the At- the forensic science community. (B) PROHIBITION.—The Attorney General torney General shall begin to provide tech- (b) REQUIREMENTS.—The report required shall not award a grant under any grant pro- nical assistance to States and local govern- under subsection (a) shall— ments, including any agent thereof with re- gram described in this Act to a nonprofit or- (1) examine the status of current workload, sponsibility for administration of justice, re- ganization that holds money in offshore ac- backlog, personnel, equipment, and equip- questing support to meet the obligations es- counts for the purpose of avoiding paying the ment needs of public crime laboratories and tablished by the Sixth Amendment to the tax described in section 511(a) of the Internal medical examiner and coroner offices; Constitution of the United States, which Revenue Code of 1986. (2) include an overview of academic foren- shall include— (C) DISCLOSURE.—Each nonprofit organiza- sic science resources and needs, from a broad ‘‘(A) public dissemination of practices, tion that is awarded a grant under a grant forensic science perspective, including non- structures, or models for the administration program described in this Act and uses the traditional crime laboratory disciplines such of justice consistent with the requirements procedures prescribed in regulations to cre- as forensic anthropology, forensic ento- of the Sixth Amendment; and ate a rebuttable presumption of reasonable- mology, and others as determined appro- ‘‘(B) assistance with adopting and imple- ness for the compensation of its officers, di- priate by the Attorney General; menting a system for the administration of rectors, trustees and key employees, shall (3) consider— justice consistent with the requirements of disclose to the Attorney General, in the ap- (A) the National Institute of Justice study, the Sixth Amendment. plication for the grant, the process for deter- Forensic Sciences: Review of Status and ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— mining such compensation, including the Needs, published in 1999; There is authorized to be appropriated independent persons involved in reviewing (B) the Bureau of Justice Statistics census $5,000,000 for each of fiscal years 2017 through and approving such compensation, the com- reports on Publicly Funded Forensic Crime 2021 to carry out this subsection.’’. parability data used, and contemporaneous Laboratories, published in 2002, 2005, 2009, (c) APPLICABILITY.—The requirement to substantiation of the deliberation and deci- and 2014; submit a strategic plan under section sion. Upon request, the Attorney General (C) the National Academy of Sciences re- 501(a)(6) of title I of the Omnibus Crime Con- shall make the information disclosed under port, Strengthening Forensic Science: A trol and Safe Streets Act of 1968, as added by this subsection available for public inspec- Path Forward, published in 2009; and subsection (b), shall apply to any application tion. (D) the Bureau of Justice Statistics survey submitted under such section 501 for a grant (7) ADMINISTRATIVE EXPENSES.—Unless oth- of forensic providers recommended by the for any fiscal year beginning after the date erwise explicitly provided in authorizing leg- National Commission of Forensic Science that is 1 year after the date of enactment of islation, not more than 7.5 percent of the and approved by the Attorney General on this Act. amounts authorized to be appropriated under September 8, 2014; SEC. 16. OVERSIGHT AND ACCOUNTABILITY. this Act may be used by the Attorney Gen- (4) provide Congress with a comprehensive All grants awarded by the Department of eral for salaries and administrative expenses view of the infrastructure, equipment, and Justice that are authorized under this Act of the Department of Justice. personnel needs of the broad forensic science shall be subject to the following: (8) CONFERENCE EXPENDITURES.— community; and (1) AUDIT REQUIREMENT.—Beginning in fis- (A) LIMITATION.—No amounts authorized to (5) be made available to the public. cal year 2016, and each fiscal year thereafter, be appropriated to the Department of Justice SEC. 18. SENSE OF CONGRESS. the Inspector General of the Department of under this Act may be used by the Attorney It is the Sense of Congress that— Justice shall conduct audits of recipients of General or by any individual or organization (1) the authority of the Director of the Of- grants under this Act to prevent waste, awarded discretionary funds through a coop- fice of Victims of Crime under section 1404 of fraud, and abuse of funds by grantees. The erative agreement under this Act, to host or the Victims of Crime Act of 1984 (42 U.S.C. Inspector General shall determine the appro- support any expenditure for conferences that 10603) includes funding ongoing projects that priate number of grantees to be audited each uses more than $20,000 in Department funds, provide services to victims of crime on a na- year. unless the Deputy Attorney General or the tionwide basis or Americans abroad who are (2) MANDATORY EXCLUSION.—A recipient of appropriate Assistant Attorney General, Di- victims of crimes committed outside of the grant funds under this Act that is found to rector, or principal deputy as the Deputy At- United States; and have an unresolved audit finding shall not be torney General may designate, provides prior (2) the proposed rule entitled ‘‘VOCA Vic- eligible to receive grant funds under this Act written authorization that the funds may be tim Assistance Program’’ published by the during the 2 fiscal years beginning after the expended to host a conference. Office of Victims of Crime of the Department 12-month period described in paragraph (5). (B) WRITTEN APPROVAL.—Written approval of Justice in the Federal Register on August (3) PRIORITY.—In awarding grants under under subparagraph (A) shall include a writ- 27, 2013 (78 Fed. Reg. 52877) is consistent with this Act, the Attorney General shall give pri- ten estimate of all costs associated with the section 1404 of the Victims of Crime Act of ority to eligible entities that, during the 3 conference, including the cost of all food and 1984 (42 U.S.C. 10603). fiscal years before submitting an application beverages, audio/visual equipment, honoraria Mr. LEAHY. Mr. President, today, I for a grant under this Act, did not have an for speakers, and any entertainment. am proud to introduce the Justice for unresolved audit finding showing a violation (C) REPORT.—The Deputy Attorney General in the terms or conditions of a Department shall submit an annual report to the Com- All Reauthorization Act of 2016 with of Justice grant program. mittee on the Judiciary of the Senate and Senator CORNYN. The Justice for All (4) REIMBURSEMENT.—If an entity is award- the Committee on the Judiciary of the House Act, originally enacted in 2004, was an ed grant funds under this Act during the 2- of Representatives on all conference expendi- unprecedented bipartisan piece of fiscal-year period in which the entity is tures approved by operation of this para- criminal justice legislation. It has im- barred from receiving grants under para- graph. proved many aspects of our criminal graph (2), the Attorney General shall— (9) PROHIBITION ON LOBBYING ACTIVITY.— justice system, and this reauthoriza- (A) deposit an amount equal to the grant (A) IN GENERAL.—Amounts authorized to be tion includes critical updates to ensure funds that were improperly awarded to the appropriated under this Act may not be uti- public confidence in the integrity of grantee into the General Fund of the Treas- lized by any grant recipient to— ury; and (i) lobby any representative of the Depart- the American justice system. (B) seek to recoup the costs of the repay- ment of Justice regarding the award of grant The bill builds on the work I began in ment to the fund from the grant recipient funding; or 2000, when I introduced the Innocence that was erroneously awarded grant funds. (ii) lobby any representative of a Federal, Protection Act. That measure was de- (5) DEFINED TERM.—In this section, the State, local, or tribal government regarding signed to ensure that defendants re- term ‘‘unresolved audit finding’’ means an the award of grant funding. ceive competent representation in

VerDate Sep 11 2014 05:22 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.027 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S1000 CONGRESSIONAL RECORD — SENATE February 24, 2016 criminal cases and have access to post- forensic laboratories. Prosecutors and have helped to pinpoint the needed im- conviction DNA testing in those cases police officers depend on the efficient provements that this law attempts to where the system got it wrong. The In- and accurate testing of evidence to solve and I appreciate their ongoing nocence Protection Act became a key solve cases. Putting more resources support in seeing it passed. component of the Justice for All Act, into forensic testing will also help re- Today, we rededicate ourselves to and is reauthorized in the bill we intro- duce rape kit backlogs and ensure that building a criminal justice system in duce today. survivors of this terrible crime are able which the innocent remain free, the We know our justice system is imper- to see their cases prosecuted and begin guilty are punished, and all sides have fect and that innocent people are some- to feel safe again. the resources they need to advance jus- times convicted, and even sentenced to This bill further addresses the needs tice. Americans deserve a criminal jus- death. There were 149 people exoner- of sexual assault survivors by directing tice system which keeps us safe, en- ated just last year, the highest number grants to forensic exam programs, sures fairness, and fulfills the promise on record. They spent an average of 15 prioritizing those that operate in rural of our constitution. This bill will bring years in prison before their names were areas or provide assistance to under- us closer to that goal. cleared. There have been 337 post-con- served populations. Timely access to viction DNA exonerations in the forensic exams is a critical first step in f United States since 1989. Twenty of ensuring perpetrators are held account- SUBMITTED RESOLUTIONS them were sentenced to death. able and taken off the streets. We must The first person exonerated from a also ensure that the evidence collected death row crime by DNA evidence was from these exams in the form of rape SENATE RESOLUTION 372—CELE- a man named Kirk Bloodsworth. Kirk kits are processed quickly. To help BRATING BLACK HISTORY was a young man just out of the Ma- with that effort, the bill also provides MONTH rines when he was arrested, convicted, support for law enforcement to create and sentenced to death for a heinous evidence tracking systems for rape Mrs. GILLIBRAND (for herself, Mr. crime that he did not commit. Now the kits, so their processing can be mon- COCHRAN, Mr. REID, Mr. BROWN, Mrs. Kirk Bloodsworth Post Conviction itored and accounted for. MCCASKILL, Mrs. MURRAY, Mr. CASEY, DNA Testing Grant Program is a cor- Finally, we must ensure that law en- Mr. WYDEN, Mr. COONS, Mr. PORTMAN, nerstone of the Justice for All Act. forcement and victim services pro- Mr. WICKER, Ms. KLOBUCHAR, Mr. WAR- This program provides grants to States grams have the resources they need to NER, Mr. BOOKER, Mr. CARPER, Mrs. for testing in cases like Kirk’s where move these cases through our justice SHAHEEN, Mr. SANDERS, Mr. DURBIN, someone has been convicted, but where system and assist these survivors. Mr. REED, Mrs. FEINSTEIN, Mr. significant DNA evidence was not test- This bill also strengthens some key FRANKEN, Mr. MERKLEY, Mr. NELSON, ed. provisions of the Prison Rape Elimi- Mr. KAINE, Ms. WARREN, Mrs. BOXER, This bill expands access to post-con- nation Act, a bill I strongly supported Mr. CARDIN, Mr. BENNET, Ms. STABE- viction DNA testing so that more inno- when it was enacted in 2003. Specifi- NOW, Mr. MARKEY, Ms. AYOTTE, Mr. cent people will have a chance at the cally, changes imposed by this bill will PERDUE, Mr. BURR, Mr. MORAN, Ms. redemption they deserve. For example, require that states comply with regula- MURKOWSKI, Mr. PAUL, Mr. SCHUMER, this reauthorization will permit indi- tions designed to prevent sexual as- Mr. PETERS, Mr. SCOTT, Mr. TILLIS, Mr. viduals to access DNA testing even if saults in our jails and prisons or lose MURPHY, Mr. SESSIONS, Mr. ISAKSON, they previously waived their right to Federal grant money. The Department and Mr. LEAHY) submitted the fol- testing as part of a guilty plea. This of Justice will work with the states to lowing resolution; which was referred change is critical because we know assist them, but ultimately states will to the Committee on the Judiciary: that people sometimes pled guilty or be penalized if they do not act. This S. RES. 372 confess to crimes they did not commit. bill imposes the true accountability re- Whereas in 1776, people envisioned the In fact, of the 337 people who have been quired to eradicate this awful crime. United States as a new nation dedicated to freed based on DNA evidence, 88 falsely This reauthorization also expands the proposition stated in the Declaration of confessed or pled guilty. That is almost rights for victims of all crime. It builds Independence that ‘‘all men are created 30 percent of DNA exonerations. Had it upon the success of the Crime Victims’ equal, that they are endowed by their Cre- ator with certain unalienable Rights, that not been for DNA testing, they would Rights Act by making it easier for among these are Life, Liberty and the pur- likely still be behind bars, or worse. crime victims to have an interpreter suit of Happiness . . .’’; The bill also takes steps to encourage present during court proceedings and Whereas Africans were first brought invol- prosecutors to search for additional to obtain court-ordered restitution. untarily to the shores of America as early as leads when the DNA evidence tested ex- I firmly believe that improving our the 17th century; cludes an individual. Under the legisla- criminal justice system is a priority Whereas African Americans suffered en- tion, the government must run that and a place we should not be afraid to slavement and subsequently faced the injus- DNA through the national database to invest additional resources. There are tices of lynch mobs, segregation, and denial see if it matches someone else in the parts of this legislation that I would of the basic and fundamental rights of citi- zenship; system who might be the actual perpe- like to see receive more funding, but Whereas in 2016, inequalities and injustices trator. Unfortunately, this is not al- this bill, like most legislation, is a in the society of the United States continue ways done. This commonsense measure compromise. As a result, this bill does to exist; will increase public safety by getting reduce the total authorized funding Whereas in the face of injustices, people of the true criminals off the street. under the Justice for All Act, but I be- good will and of all races in the United Even in cases that do not involve lieve it does so responsibly. I also be- States have distinguished themselves with a DNA, it is imperative that every crimi- lieve that many of the changes ad- commitment to the noble ideals on which nal defendant, including those who vanced by this legislation will help the United States was founded and have fought courageously for the rights and free- cannot afford a lawyer, receive effec- states, communities, and the federal dom of African Americans and others; tive representation. This bill requires government save money in the long Whereas African Americans, such as Lieu- the Department of Justice to assist term. tenant Colonel Allen Allensworth, Maya states in developing a proficient sys- The programs created by the Justice Angelou, Arthur Ashe Jr., James Baldwin, tem of indigent defense. I know as a for All Act have had an enormous im- James Beckwourth, Clara Brown, Blanche former prosecutor, that the system pact, and it is crucial that we reau- Bruce, Ralph Bunche, Shirley Chisholm, Holt only works as it should when each side thorize and improve them. It has been Collier, Frederick Douglass, W. E. B. Du is well represented by competent and 12 years since this law was updated, Bois, Ralph Ellison, Medgar Evers, Alex Haley, Dorothy Height, Lena Horne, Charles well-trained counsel. This helps pre- and we must work together to address Hamilton Houston, Mahalia Jackson, Steph- vent wrongful convictions in the first the challenges currently facing our Na- anie Tubbs Jones, B.B. King, Martin Luther place. tion’s justice system. King, Jr., Thurgood Marshall, Constance The Justice for All Reauthorization I thank the many law enforcement Baker Motley, Rosa Parks, Walter Payton, Act also increases resources for public and criminal justice organizations that Bill Pickett, Homer Plessy, Bass Reeves,

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.031 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S1001 Hiram Revels, Amelia Platts Boynton Robin- SENATE RESOLUTION 373—RECOG- Whereas on August 10, 1988, the Civil Lib- son, Jackie Robinson, Aaron Shirley, So- NIZING THE HISTORICAL SIG- erties Act of 1988 (Public Law 100–383; 102 journer Truth, Harriet Tubman, Booker T. NIFICANCE OF EXECUTIVE Stat. 903) was enacted— (1) to apologize for ‘‘fundamental viola- Washington, the Greensboro Four, and the ORDER 9066 AND EXPRESSING Tuskegee Airmen, along with many others, tions of the basic civil liberties and constitu- worked against racism to achieve success THE SENSE OF THE SENATE tional rights of these individuals of Japanese and to make significant contributions to the THAT POLICIES THAT DISCRIMI- ancestry’’; and economic, educational, political, artistic, NATE AGAINST ANY INDIVIDUAL (2) to establish the Civil Liberties Public athletic, literary, scientific, and techno- BASED ON THE ACTUAL OR PER- Education Fund, to ensure that ‘‘the events logical advancements of the United States; CEIVED RACE, ETHNICITY, NA- surrounding the exclusion, forced removal, Whereas the contributions of African and incarceration of civilians and permanent TIONAL ORIGIN, OR RELIGION OF resident aliens of Japanese ancestry will be Americans from all walks of life throughout THAT INDIVIDUAL WOULD BE A the history of the United States reflect the remembered, and so that the causes and cir- REPETITION OF THE MISTAKES cumstances of this and similar events may greatness of the United States; be illuminated and understood’’; Whereas many African Americans lived, OF EXECUTIVE ORDER 9066 AND Whereas the terrorist attacks carried out toiled, and died in obscurity, never achieving CONTRARY TO THE VALUES OF in the United States on September 11, 2001, the recognition they deserved, and yet paved THE UNITED STATES have led to heightened levels of suspicion the way for future generations to succeed; Ms. HIRONO (for herself, Mr. REID, and hate crimes, xenophobia, and bigotry di- Whereas African Americans continue to Mr. DURBIN, Mr. LEAHY, Ms. BALDWIN, rected toward the Arab, Middle Eastern, serve the United States at the highest levels Mr. BROWN, Mr. BLUMENTHAL, Ms. South Asian, Muslim, Sikh, and Hindu of business, government, and the military; CANTWELL, Mrs. FEINSTEIN, Mr. American communities, including— Whereas the birthdays of Abraham Lincoln (1) on August 5, 2012, an attack on the Sikh FRANKEN, Mrs. GILLIBRAND, Ms. KLO- and Frederick Douglass inspired the creation Temple of Wisconsin in Oak Creek, Wis- of Negro History Week, the precursor to BUCHAR, Mrs. MURRAY, Mr. PETERS, Mr. consin, which led to several injuries and the Black History Month; SCHATZ, Ms. MIKULSKI, Mr. MURPHY, death of 6 Sikh Americans; and Whereas Negro History Week represented Mr. MARKEY, and Mr. WYDEN) sub- (2) on February 10, 2015, the execution- the culmination of the efforts of Dr. Carter mitted the following resolution; which style shooting of 3 Muslim American stu- G. Woodson, the ‘‘Father of Black History’’, was referred to the Committee on the dents in Chapel Hill, North Carolina; to enhance knowledge of Black history Judiciary: Whereas the terrorist attacks carried out through the Journal of Negro History, pub- in Paris, France, on November 5, 2015, have lished by the Association for the Study of S. RES. 373 led to renewed calls from public officials and African American Life and History, which Whereas on December 7, 1941, the Imperial figures to register Muslim Americans and was founded by Dr. Carter G. Woodson and Japanese Navy launched a surprise attack bar millions from entering the United States Jesse E. Moorland; against the United States naval base at based solely on the religion of those individ- Whereas Black History Month, celebrated Pearl Harbor, Hawaii, which led to— uals, repeating the mistakes of 1942: Now, during the month of February, originated in (1) increased prejudice and suspicion to- therefore, be it 1926 when Dr. Carter G. Woodson set aside a ward Japanese Americans; and Resolved, That the Senate— special period in February to recognize the (2) calls from civilians and public officials (1) recognizes the historical significance of heritage and achievement of Black people of to remove Japanese Americans from the February 19, 1942, as the date on which Presi- the United States; west coast of the United States; dent Franklin Delano Roosevelt signed Exec- Whereas Dr. Carter G. Woodson stated: Whereas on February 19, 1942, President utive Order 9066 (7 Fed. Reg. 1407; relating to ‘‘We have a wonderful history behind us. . . . Franklin Delano Roosevelt signed Executive authorizing the Secretary of War to pre- If you are unable to demonstrate to the Order 9066 (7 Fed. Reg. 1407; relating to au- scribe military areas) (referred to in this re- world that you have this record, the world thorizing the Secretary of War to prescribe solving clause as ‘‘Executive Order 9066’’), will say to you, ‘You are not worthy to enjoy military areas) (referred to in this preamble which restricted the freedom of Japanese the blessings of democracy or anything as ‘‘Executive Order 9066’’), which led to— Americans; else.’ ’’; (1) the exclusion of 120,000 Japanese Ameri- (2) recognizes the historical significance of Whereas since the founding of the United cans and legal resident aliens from the west February 19, 1976, as the date on which Presi- States, the Nation has imperfectly pro- coast of the United States; and dent Gerald Ford issued Presidential Procla- gressed toward noble goals; and (2) the incarceration of United States citi- mation 4417 (41 Fed. Reg. 7741), which for- Whereas the history of the United States is zens and lawful permanent residents of Japa- mally terminated Executive Order 9066; the story of people regularly affirming high nese ancestry in incarceration camps during (3) supports the goals of the Japanese ideals, striving to reach those ideals but World War II; American community in recognizing a Na- often failing, and then struggling to come to Whereas President Gerald Ford formally tional Day of Remembrance to increase pub- terms with the disappointment of that fail- rescinded Executive Order 9066 in Presi- lic awareness about the unjust measures ure, before committing to trying again: Now, dential Proclamation 4417, dated February taken to restrict the freedom of Japanese therefore, be it 19, 1976 (41 Fed. Reg. 7741) (referred to in this Americans during World War II; preamble as ‘‘Presidential Proclamation (4) expresses the sense that the National Resolved, That the Senate— 4417’’); Day of Remembrance is an opportunity— (1) acknowledges that all people of the Whereas Presidential Proclamation 4417— (A) to reflect on the importance of uphold- United States are the recipients of the (1) states that Japanese Americans were ing justice and civil liberties for all people of wealth of history provided by Black culture; and are loyal people of the United States the United States; and (2) recognizes the importance of Black His- who have contributed to the well-being and (B) to oppose hate, xenophobia, and big- tory Month as an opportunity to reflect on security of the United States; otry; the complex history of the United States, (2) states that the issuance of Executive (5) recognizes the positive contributions while remaining hopeful and confident about Order 9066 was a grave mistake in United that people of the United States of every the path ahead; States history; and race, ethnicity, religion, and national origin (3) acknowledges the significance of Black (3) resolves that actions such as the ac- have made to the United States; History Month as an important opportunity tions authorized by Executive Order 9066 (6) steadfastly confirms the dedication of to commemorate the tremendous contribu- shall never happen again; the Senate to the rights and dignity of all tions of African Americans to the history of Whereas in 1980, Congress established the people of the United States; and the United States; Commission on Wartime Relocation and In- (7) expresses the sense that policies that (4) encourages the celebration of Black ternment of Civilians to investigate the cir- discriminate against any individual based on History Month to provide a continuing op- cumstances surrounding the issuance of Ex- the actual or perceived race, ethnicity, na- portunity for all people in the United States ecutive Order 9066; tional origin, or religion of that individual to learn from the past and understand the Whereas in 1983, the Commission on War- would be— experiences that have shaped the United time Relocation and Internment of Civilians (A) a repetition of the mistakes of Execu- States; and issued a report entitled ‘‘Personal Justice tive Order 9066; and (5) agrees that, while the United States Denied’’ in which the Commission on War- (B) contrary to the values of the United began as a divided country, the United time Relocation and Internment of Civilians States. States must— concluded that— Ms. HIRONO. Mr. President, 74 years (A) honor the contribution of all pioneers (1) the promulgation of Executive Order ago, President Roosevelt signed Execu- in the United States who have helped to en- 9066 was not justified by military necessity; tive Order 9066. That order led to the sure the legacy of the great United States; and and (2) the decision to issue Executive Order mass internment of nearly 120,000 Japa- (B) move forward with purpose, united tire- 9066 was shaped by ‘‘race prejudice, war nese Americans. Executive Order 9066 lessly as a nation ‘‘indivisible, with liberty hysteria, and a failure of political leader- is an example of what can happen when and justice for all.’’. ship’’; a government acts out of fear.

VerDate Sep 11 2014 05:36 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.026 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S1002 CONGRESSIONAL RECORD — SENATE February 24, 2016 Today I am submitting a resolution gerous missions in Europe. Today, the There was a time when I felt that the Con- that recognizes this dark chapter and 442nd and the 100th Battalion remain stitution failed me. But with the reversal in calls for the Senate and all Americans the most decorated units in the Army’s the courts and in public statements from the to uphold the lessons learned from the history. These units, as well as the government, I feel that our country has proven that the Constitution is worth up- issuance of Executive Order 9066. Military Intelligence Service, were holding. The U.S. Government admitted it In the wake of the bombing of Pearl awarded the Congressional Gold Medal made a mistake. A country that can do that Harbor in 1941, Americans of Japanese in 2011. is a strong country. I have more faith and al- ancestry living in the United States be- After the war ended, for all of the legiance to the Constitution than I ever had came a target of paranoia, suspicion, sacrifice Japanese Americans were before. and fear. Without any evidence of sub- forced to make, for all they had to give Today, I call upon all of my col- terfuge, the government classified Jap- up, each internee was then given $25 leagues to uphold Gordon’s faith in our anese Americans as ‘‘enemy aliens’’ and a train ticket to their prewar resi- Constitution. based purely on race and removed Jap- dences. Many of them never returned Undoubtedly, the U.S. Government anese families from the west coast in to their homes because there was noth- must keep people safe. However, as we the name of national security. These ing to return to. learned with the internment, a govern- were families like yours and mine— It was not until 34 years later, due to ment gripped by fear and hysteria can farmers, students, shop owners, Bud- the work of the Japanese American make terrible mistakes. Not one Amer- dhist priests, and teachers, parents and Citizens League and other individuals ican of Japanese ancestry who was in- grandparents working toward the and groups, that President Gerald Ford terned has ever been found guilty of American dream of giving their chil- issued Proclamation 1447, which for- sabotage or espionage. dren a better future. The majority were mally terminated the authority of Ex- Focusing on the most vulnerable of American citizens. These families were ecutive Order 9066. The Ford proclama- targets—usually a minority group— forced to abandon or sell for a pittance tion read, in part, ‘‘I call upon the does not make our Nation safe or more homes and businesses they had spent American people to affirm with me this secure. Actions like the internment be- decades building. Many destroyed fam- American Promise . . . to treasure lib- tray our values and undermine our ily treasures that could link them to erty and justice for each individual strength as a people. Japan. American, and resolve that this kind of We are often reminded to learn from Thousands of college students had action shall never again be repeated.’’ history. That presumes we are aware of their educations cut short when they While the internment is now recog- the relevant history. The story of in- were forced to leave school for the in- nized as one of the darkest periods in ternment remains one still unfamiliar ternment camps. our Nation’s history, we must not for- to many Americans—for instance, One University of Washington stu- get that Executive Order 9066 had wide- Mayor David Bowers of Roanoke, VA, dent who was forced to leave school, spread support at the time. The fight who used the internment as justifica- Gordon Hirabayashi, would go on to for formal recognition of these injus- tion to suspend assistance to Syrian challenge the legality of the intern- tices has been a long and challenging refugees. He later apologized. More re- ment all the way to the U.S. Supreme road that continues to this day. cently, George Takei’s play ‘‘Alle- I wish to recognize the efforts of Court. Gordon’s parents had emigrated giance,’’ which just ended its Broadway three Japanese Americans—Gordon from Japan and settled in Washington run, depicted the shock, humiliation, Hirabayashi, Minoru Yasui, and Fred State, where they were farmers. anger, and resolve of one family—the Upon the signing of Executive Order Korematsu—who were convicted and imprisoned while bravely challenging Kimuras—who were interned in Heart 9066 and subsequent orders, the the constitutionality of internment Mountain, WY. Their internment was Hirabayashi family and tens of thou- during the war. They were right, but it like that of thousands of other Japa- sands of other Japanese American fam- took decades of work to achieve justice nese Americans, and, like too many ilies were forced to pack up only what for these individuals who took their others, the internment didn’t end for they could carry for a long train ride cases all the way to the Supreme the Kimuras when World War II ended. to unknown destinations. Upon arriv- Court. Their family relations were irreparably ing at barren and isolated internment In the majority opinion of Korematsu damaged. camps, including Honouliuli Intern- v. U.S. in 1944, the Supreme Court Yet, despite efforts to educate a new ment Camp in Waipahu, Oahu, these found that the internment was justi- generation of Americans through ef- families passed through barbed-wire fied during a time of war—a ruling that forts like ‘‘Allegiance,’’ today we hear fences and armed guards. They settled further underscores what can only be echoes of the sentiments of 1942 di- in cramped, hastily constructed shan- characterized as the rampant fear and rected toward members of the South ties that let in the elements. There was racism at the time. Asian, Muslim, Sikh, Hindu, Arab, and little privacy. And until these intern- I had the privilege of meeting Fred Middle Eastern communities. There ment camps were built, many families Korematsu and his family several are reports of children from these com- were forced to live in horse stalls. The times before his passing in 2005. After munities beaten up in schools, families shame and humiliation were extreme. the war, he, Gordon, and Minoru con- being threatened in their homes, and Nearly 120,000 men, women, and chil- tinued to fight for others’ civil rights houses of worship vandalized and set on dren did the best they could under their whole lives. Fred’s work is car- fire. We hear calls from public figures harsh circumstances, persevering ried on by his daughter, Karen and officials to racially profile and through what at the time seemed un- Korematsu, through the Korematsu In- conduct surveillance on Muslim Ameri- bearable. stitute. These three individuals were cans, as well as to bar their entry into Despite this treatment at the hands years later awarded the Presidential our country. of their own government, the time Medal of Freedom, and in Minoru While the security of the American came when many joined the war effort. Yasui’s case, only last year. people is a top priority, divisive pro- From behind barbed wire, these young It was not until the 1980s—almost 40 posals to ban all Muslims, for example, Japanese American men fought for years after internment ended—that a from entering the United States do their country and in the process, in new generation of attorneys and schol- nothing to make us safer; rather, they doing so, proved their loyalty to the ars took up their fight. They uncovered take us back to a time when our poli- United States. evidence that the government hid in- cies were guided by fear, stereotypes, The Army agreed to form the seg- formation that proved that Japanese and mistrust. regated 442nd Regimental Combat Americans were not a threat to the Now is not the time to turn on one Team, the 100th Battalion, and the United States. Gordon, Minoru, and another. Now is the time to stand to- Military Intelligence Service. Thou- Fred appealed their earlier convictions, gether against the hate and fear that sands of men in Hawaii and across the and the Ninth Circuit Court vacated all divides our country. internment camps, including our late of their convictions in the 1980s. In affirming our commitment to lib- colleague Senator Daniel K. Inouye, Gordon said after the Ninth Circuit erty and justice for all, let us remem- volunteered to take on the most dan- overturned his earlier conviction: ber that the United States is a diverse

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.028 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S1003 country in which individuals of all Whereas Antonin Scalia graduated magna (3) commends Antonin Scalia for the 29- backgrounds have and continue to cum laude from Harvard Law School, where year tenure on the Supreme Court of the make positive contributions to the he was a notes editor for the Harvard Law United States. well-being and security of our Nation. Review; f It is important to speak out against Whereas Antonin Scalia married Maureen McCarthy, with whom he raised 9 children, AMENDMENTS SUBMITTED AND hateful rhetoric and divisive policy Ann, Eugene, John, Catherine, Mary Claire, PROPOSED proposals that prey on people’s fears Paul, Matthew, Christopher, and Margaret; SA 3312. Mr. UDALL submitted an amend- and instead promote our American val- Whereas Antonin Scalia was an accom- ment intended to be proposed to amendment ues that are rooted in compassion, re- plished attorney in Cleveland, Ohio, and a SA 2953 proposed by Ms. MURKOWSKI to the spect for others, justice, and equality. law professor at the University of Virginia bill S. 2012, to provide for the modernization I am joined today in the Gallery by and the University of Chicago; of the energy policy of the United States, advocates from the Asian American Whereas President Richard Nixon selected and for other purposes; which was ordered to and Pacific Islander and Muslim com- Antonin Scalia to be General Counsel for the lie on the table. munities. Mahalo to all of you for the Office of Telecommunications Policy; SA 3313. Ms. CANTWELL (for herself, Mr. Whereas Antonin Scalia served as chair- work you do every day to advance GRAHAM, and Mr. CARDIN) submitted an equality, liberty, and justice for all. man of the Administrative Conference of the amendment intended to be proposed to United States; These values are the strength of Amer- amendment SA 2953 proposed by Ms. MUR- Whereas President Richard Nixon selected KOWSKI to the bill S. 2012, supra; which was ica. Antonin Scalia to be Assistant Attorney Let’s stand together in solidarity, ordered to lie on the table. General for the Office of Legal Counsel of the SA 3314. Mr. KIRK (for himself, Mr. COONS, that in this new century, we will not Department of Justice, and President Gerald and Mr. DURBIN) submitted an amendment give in to old fears, old prejudices, and Ford resubmitted the nomination of Antonin intended to be proposed to amendment SA unjustified actions. Scalia to serve in that position; 2953 proposed by Ms. MURKOWSKI to the bill f Whereas President Ronald Reagan nomi- S. 2012, supra; which was ordered to lie on nated Antonin Scalia to be a judge of the the table. SENATE RESOLUTION 374—RELAT- United States Court of Appeals for the Dis- SA 3315. Ms. COLLINS (for herself, Mr. ING TO THE DEATH OF ANTONIN trict of Columbia Circuit; COONS, Mr. REED, and Mrs. SHAHEEN) sub- SCALIA, ASSOCIATE JUSTICE OF Whereas President Ronald Reagan nomi- mitted an amendment intended to be pro- THE SUPREME COURT OF THE nated Antonin Scalia to serve as an Asso- posed to amendment SA 2953 proposed by Ms. UNITED STATES ciate Justice of the Supreme Court of the MURKOWSKI to the bill S. 2012, supra; which United States; was ordered to lie on the table. Mr. MCCONNELL (for himself, Mr. Whereas Antonin Scalia had a profound SA 3316. Mrs. SHAHEEN submitted an REID, Mr. GRASSLEY, Mr. LEAHY, Mr. love for hunting and the arts, in particular amendment intended to be proposed to ALEXANDER, Ms. AYOTTE, Ms. BALDWIN, opera; amendment SA 2953 proposed by Ms. MUR- Mr. BARRASSO, Mr. BENNET, Mr. Whereas Antonin Scalia was a man of enor- KOWSKI to the bill S. 2012, supra; which was BLUMENTHAL, Mr. BLUNT, Mr. BOOKER, mous intellect, incisive analytical skill, and ordered to lie on the table. Mr. BOOZMAN, Mrs. BOXER, Mr. BROWN, tremendous wit, a combination reflected in SA 3317. Mr. HEINRICH (for himself, Mr. Mr. BURR, Ms. CANTWELL, Mrs. CAPITO, the clarity of his judicial opinions; UDALL, Mr. GARDNER, and Mr. BOOKER) sub- Whereas the record of Antonin Scalia illus- mitted an amendment intended to be pro- Mr. CARDIN, Mr. CARPER, Mr. CASEY, trates a belief in judicial restraint, judicial posed to amendment SA 2953 proposed by Ms. Mr. CASSIDY, Mr. COATS, Mr. COCHRAN, independence, and the rule of law; MURKOWSKI to the bill S. 2012, supra; which Ms. COLLINS, Mr. COONS, Mr. CORKER, Whereas Antonin Scalia moved public dis- was ordered to lie on the table. Mr. CORNYN, Mr. COTTON, Mr. CRAPO, cussion toward a greater appreciation of the SA 3318. Mr. HEINRICH (for himself and Mr. CRUZ, Mr. DAINES, Mr. DONNELLY, text and original meaning of the Constitu- Mr. UDALL) submitted an amendment in- Mr. DURBIN, Mr. ENZI, Mrs. ERNST, Mrs. tion as a basis for interpreting the terms of tended to be proposed to amendment SA 2953 FEINSTEIN, Mrs. FISCHER, Mr. FLAKE, the Constitution; proposed by Ms. MURKOWSKI to the bill S. Mr. FRANKEN, Mr. GARDNER, Mrs. Whereas Antonin Scalia enforced the sepa- 2012, supra; which was ordered to lie on the table. GILLIBRAND, Mr. GRAHAM, Mr. HATCH, ration of powers contained in the Constitu- tion as a bulwark for individual freedom; SA 3319. Mr. WYDEN submitted an amend- Mr. HEINRICH, Ms. HEITKAMP, Mr. HELL- Whereas Antonin Scalia raised the level of ment intended to be proposed to amendment ER IRONO OEVEN , Ms. H , Mr. H , Mr. the quality of oral argument and judicial de- SA 2953 proposed by Ms. MURKOWSKI to the INHOFE, Mr. ISAKSON, Mr. JOHNSON, Mr. cisionmaking; bill S. 2012, supra; which was ordered to lie KAINE, Mr. KING, Mr. KIRK, Ms. KLO- Whereas Antonin Scalia was highly re- on the table. BUCHAR, Mr. LANKFORD, Mr. LEE, Mr. garded by each of his colleagues, including SA 3320. Mr. WYDEN submitted an amend- MANCHIN, Mr. MARKEY, Mr. MCCAIN, colleagues with a judicial philosophy that ment intended to be proposed to amendment Mrs. MCCASKILL, Mr. MENENDEZ, Mr. differed from his own; SA 2953 proposed by Ms. MURKOWSKI to the bill S. 2012, supra; which was ordered to lie MERKLEY, Ms. MIKULSKI, Mr. MORAN, Whereas Antonin Scalia served with dis- on the table. Ms. MURKOWSKI, Mr. MURPHY, Mrs. tinction on the Supreme Court for more than 29 years; SA 3321. Mr. CARDIN submitted an amend- MURRAY, Mr. NELSON, Mr. PAUL, Mr. Whereas Antonin Scalia was 1 of the most ment intended to be proposed to amendment PERDUE, Mr. PETERS, Mr. PORTMAN, Mr. influential and memorable Justices of the SA 2953 proposed by Ms. MURKOWSKI to the REED, Mr. RISCH, Mr. ROBERTS, Mr. Supreme Court of the United States; bill S. 2012, supra; which was ordered to lie ROUNDS, Mr. RUBIO, Mr. SANDERS, Mr. Whereas Antonin Scalia was the embodi- on the table. SASSE, Mr. SCHATZ, Mr. SCHUMER, Mr. ment of each of the ideal qualities of a judge: SA 3322. Mr. BROWN (for himself and Mr. SCOTT, Mr. SESSIONS, Mrs. SHAHEEN, fairness, openmindedness, and above all com- ALEXANDER) submitted an amendment in- tended to be proposed to amendment SA 2953 Mr. SHELBY, Ms. STABENOW, Mr. SUL- mitment to intellectual rigor in application of the Constitution and the rule of law; proposed by Ms. MURKOWSKI to the bill S. LIVAN, Mr. TESTER, Mr. THUNE, Mr. 2012, supra; which was ordered to lie on the TILLIS, Mr. TOOMEY, Mr. UDALL, Mr. Whereas Antonin Scalia will be remem- bered as 1 of the great Justices of the Su- table. VITTER, Mr. WARNER, Ms. WARREN, Mr. preme Court of the United States; SA 3323. Ms. STABENOW (for herself, Mr. WHITEHOUSE, Mr. WICKER, and Mr. Whereas Antonin Scalia passed away on INHOFE, Mr. PETERS, Mr. PORTMAN, Mr. WYDEN) submitted the following reso- February 13, 2016; and BROWN, Mr. KIRK, Mr. REED, Mr. BURR, Mr. lution; which was ordered held at the Whereas the nation is deeply indebted to DURBIN, Mrs. BOXER, and Ms. MIKULSKI) sub- desk: Antonin Scalia, a truly distinguished indi- mitted an amendment intended to be pro- posed by her to the bill H.R. 4470, to amend S. RES. 374 vidual of the United States: Now, therefore, be it the Safe Drinking Water Act with respect to Whereas Antonin Scalia, the late Associate the requirements related to lead in drinking Justice of the Supreme Court of the United Resolved, That the Senate— water, and for other purposes; which was or- States, was born in Trenton, New Jersey, to (1) extends heartfelt sympathy to the fam- dered to lie on the table. Salvatore Eugene Scalia and Catherine ily and friends of Antonin Scalia; Panaro Scalia and raised in Queens, New (2) acknowledges the lifetime of service of f York; Antonin Scalia to the United States as a tal- TEXT OF AMENDMENTS Whereas Antonin Scalia enrolled in ented attorney, a learned law professor, a Georgetown University, where he graduated dedicated public servant, a brilliant jurist, SA 3312. Mr. UDALL submitted an valedictorian and summa cum laude and and 1 of the great Justices of the Supreme amendment intended to be proposed to earned a bachelor’s degree in history; Court of the United States; and amendment SA 2953 proposed by Ms.

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.028 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S1004 CONGRESSIONAL RECORD — SENATE February 24, 2016 MURKOWSKI to the bill S. 2012, to pro- (1) although important progress has been (2) TERMS.—Each agreement entered into vide for the modernization of the en- made in cost reduction and deployment of pursuant to the pilot program referred to in ergy policy of the United States, and clean energy technologies, accelerating paragraph (1) shall provide to the contractor clean energy innovation will help meet crit- of the applicable National Laboratory, to the for other purposes; which was ordered ical competitiveness, energy security, and maximum extent determined to be appro- to lie on the table; as follows: environmental goals; priate by the Secretary, increased authority At the appropriate place, insert the fol- (2) accelerating the pace of clean energy to negotiate contract terms, such as intellec- lowing: innovation in the United States calls for— tual property rights, indemnification, pay- SEC. lll. CLEAN ENERGY VICTORY BONDS. (A) supporting existing research and devel- ment structures, performance guarantees, (a) IN GENERAL.—Not later than July 1, opment programs at the Department and the and multiparty collaborations. 2016, the Secretary of the Treasury, in co- world-class National Laboratories (as de- (3) ELIGIBILITY.— ordination with the Secretary of Energy and fined in section 2 of the Energy Policy Act of (A) IN GENERAL.—Notwithstanding any the Secretary of Defense, shall submit a re- 2005 (42 U.S.C. 15801)); and other provision of law (including regula- port to Congress that provides recommenda- (B) exploring and developing new pathways tions), any National Laboratory may enter tions for the establishment, issuance, and for innovators, investors, and decision-mak- into an agreement pursuant to the pilot pro- promotion of Clean Energy Victory Bonds by ers to leverage the resources of the Depart- gram referred to in paragraph (1). the Department of the Treasury (referred to ment for addressing the challenges and com- (B) AGREEMENTS WITH NON-FEDERAL ENTI- in this section as the ‘‘Clean Energy Victory parative strengths of geographic regions; TIES.—To carry out subparagraph (A) and Bonds Program’’). (3) the energy supply, demand, policies, subject to subparagraph (C), the Secretary (b) REQUIREMENTS.—For purposes of sub- markets, and resource options of the United shall permit the directors of the National section (a), the Clean Energy Victory Bonds States vary by geographic region; Laboratories to execute agreements with Program shall be designed to— (4) a regional approach to innovation can non-Federal entities, including non-Federal (1) ensure that any available proceeds from bridge the gaps between local talent, institu- entities already receiving Federal funding the issuance of Clean Energy Victory Bonds tions, and industries to identify opportuni- that will be used to support activities under are used to finance clean energy projects (as ties and convert United States investment agreements executed pursuant to subpara- defined in subsection (c)) at the Federal, into domestic companies; and graph (A). State, and local level, which may include— (5) Congress and the Secretary should ad- (C) RESTRICTION.—The requirements of (A) providing additional support to exist- vance efforts that promote international, do- chapter 18 of title 35, United States Code ing Federal financing programs available to mestic, and regional cooperation on the re- (commonly known as the ‘‘Bayh-Dole Act’’) States for energy efficiency upgrades and search and development of energy innova- shall apply if— clean energy deployment, and tions that— (i) the agreement is a funding agreement (B) providing funding for clean energy in- (A) provide clean, affordable, and reliable (as that term is defined in section 201 of that vestments by the Department of Defense and energy for everyone; title); and other Federal agencies, (B) promote economic growth; and (ii) at least 1 of the parties to the funding (2) provide for payment of interest to per- (C) are critical for energy security. agreement is eligible to receive rights under sons holding Clean Energy Victory Bonds that chapter. through such methods as are determined ap- SA 3314. Mr. KIRK (for himself, Mr. (4) SUBMISSION TO SECRETARY.—Each af- propriate by the Secretary of the Treasury, COONS, and Mr. DURBIN) submitted an fected director of a National Laboratory including amounts— amendment intended to be proposed to shall submit to the Secretary, with respect (A) recaptured from savings achieved amendment SA 2953 proposed by Ms. to each agreement entered into under this subsection— through reduced energy spending by entities MURKOWSKI to the bill S. 2012, to pro- (A) a summary of information relating to receiving any funding or financial assistance vide for the modernization of the en- the relevant project; described in paragraph (1), and ergy policy of the United States, and (B) the total estimated costs of the project; (B) collected as interest on loans financed for other purposes; which was ordered (C) estimated commencement and comple- or guaranteed under the Clean Energy Vic- to lie on the table; as follows: tion dates of the project; and tory Bonds Program, (D) other documentation determined to be (3) issue bonds in denominations of not less On page 359, strike line 7 and insert the fol- lowing: appropriate by the Secretary. than $25 or such amount as is determined ap- (5) CERTIFICATION.—The Secretary shall re- propriate by the Secretary of the Treasury SEC. 4204. AGREEMENTS FOR COMMERCIALIZING TECHNOLOGY PILOT PROGRAM. quire the contractor of the affected National to make them generally accessible to the (a) DEFINITION OF NATIONAL LABORATORY.— Laboratory to certify that each activity car- public, and In this section: ried out under a project for which an agree- (4) collect not more than $50,000,000,000 in (1) IN GENERAL.—The term ‘‘National Lab- ment is entered into under this subsection— revenue from the issuance of Clean Energy oratory’’ means a nonmilitary national lab- (A) is not in direct competition with the Victory Bonds for purposes of financing oratory owned by the Department. private sector; and clean energy projects described in paragraph (2) INCLUSIONS.—The term ‘‘National Lab- (B) does not present, or minimizes, any ap- (1). oratory’’ includes— parent conflict of interest, and avoids or (c) CLEAN ENERGY PROJECT.—The term (A) Ames Laboratory; neutralizes any actual conflict of interest, as ‘‘clean energy project’’ means a project (B) Argonne National Laboratory; a result of the agreement under this sub- which provides— (C) Brookhaven National Laboratory; section. (1) performance-based energy efficiency (D) Fermi National Accelerator Labora- (6) EXTENSION.—The pilot program referred improvements, or tory; to in paragraph (1) shall be extended for a (2) clean energy improvements, including— (E) Idaho National Laboratory; term of 3 years after the date of enactment (A) electricity generated from solar, wind, (F) Lawrence Berkeley National Labora- of this Act. geothermal, hydropower, and hydrokinetic tory; (7) REPORTS.— energy sources, (G) National Energy Technology Labora- (A) INITIAL REPORT.—Not later than 60 days (B) fuel cells using non-fossil fuel sources, tory; after the date described in paragraph (6), the (C) advanced batteries, (H) National Renewable Energy Labora- Secretary, in coordination with directors of (D) next generation biofuels from non-food tory; the National Laboratories, shall submit to feedstocks, and (I) Oak Ridge National Laboratory; the Committee on Energy and Natural Re- (E) electric vehicle infrastructure. (J) Pacific Northwest National Laboratory; sources of the Senate and the Committee on Science, Space, and Technology of the House SA 3313. Ms. CANTWELL (for herself, (K) Princeton Plasma Physics Laboratory; (L) Savannah River National Laboratory; of Representatives a report that— Mr. GRAHAM, and Mr. CARDIN) sub- (M) Stanford Linear Accelerator Center; (i) assesses the overall effectiveness of the mitted an amendment intended to be (N) Thomas Jefferson National Accelerator pilot program referred to in paragraph (1); proposed to amendment SA 2953 pro- Facility; and (ii) identifies opportunities to improve the posed by Ms. MURKOWSKI to the bill S. (O) any laboratory operated by the Na- effectiveness of the pilot program; 2012, to provide for the modernization tional Nuclear Security Administration, (iii) assesses the potential for program ac- of the energy policy of the United with respect to the civilian energy activities tivities to interfere with the responsibilities States, and for other purposes; which conducted at the laboratory. of the National Laboratories to the Depart- (b) AGREEMENTS FOR COMMERCIALIZING ment; and was ordered to lie on the table; as fol- TECHNOLOGY PILOT PROGRAM.— (iv) provides a recommendation regarding lows: (1) IN GENERAL.—The Secretary shall carry the future of the pilot program. At the end of subtitle C of title IV, add the out the Agreements for Commercializing (B) ANNUAL REPORTS.—Annually, the Sec- following: Technology pilot program of the Depart- retary, in coordination with the directors of SEC. 42ll. SENSE OF THE SENATE ON ACCEL- ment, as announced by the Secretary on De- the National Laboratories, shall submit to ERATING ENERGY INNOVATION. cember 8, 2011, in accordance with this sub- the Committee on Energy and Natural Re- It is the sense of the Senate that— section. sources of the Senate and the Committee on

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Science, Space, and Technology of the House (2) INCLUSION.—The review under this sub- SEC. 42ll. RESTORATION OF LABORATORY DI- of Representatives a report that accounts for section shall include a review of existing RECTED RESEARCH AND DEVELOP- all incidences of, and provides a justification rules and procedures relating to— MENT PROGRAM. for, non-Federal entities using funds derived (A) determining and assigning costs of The Secretary shall ensure that laboratory from a Federal contract or award to carry interconnection service and additional serv- operating contractors do not allocate costs out agreements entered into under this sub- ices; and of general and administrative overhead to section. (B) ensuring adequate cost recovery by an laboratory directed research and develop- (c) SAVINGS CLAUSE.—Nothing in this sec- electric utility for interconnection service ment. tion abrogates or otherwise affects the pri- and additional services. mary responsibilities of any National Lab- (c) MODEL GUIDANCE.— SA 3318. Mr. HEINRICH (for himself oratory to the Department. (1) IN GENERAL.—Not later than 18 months and Mr. UDALL) submitted an amend- SEC. 4205. MICROLAB TECHNOLOGY COMMER- after the date of enactment of this Act, the ment intended to be proposed to CIALIZATION. Secretary, in consultation with the Federal amendment SA 2953 proposed by Ms. Energy Regulatory Commission and other MURKOWSKI to the bill S. 2012, to pro- SA 3315. Ms. COLLINS (for herself, appropriate entities, shall issue model guid- vide for the modernization of the en- Mr. COONS, Mr. REED, and Mrs. SHA- ance for interconnection service and addi- ergy policy of the United States, and tional services for use by State regulatory HEEN) submitted an amendment in- for other purposes; which was ordered tended to be proposed to amendment authorities and nonregulated electric utili- ties to reduce the barriers identified under to lie on the table; as follows: SA 2953 proposed by Ms. MURKOWSKI to subsection (b)(1). At the end of subtitle C of title IV, add the the bill S. 2012, to provide for the mod- (2) CURRENT BEST PRACTICES.—The model following: ernization of the energy policy of the guidance issued under this subsection shall SEC. 42ll. RESTORATION OF LABORATORY DI- United States, and for other purposes; reflect, to the maximum extent practicable, RECTED RESEARCH AND DEVELOP- which was ordered to lie on the table; current best practices to encourage the de- MENT PROGRAM. as follows: ployment of combined heat and power sys- The Secretary shall ensure that the labora- tory operating contractors for Lawrence On page 67, lines 3 and 4, strike ‘‘not less tems and waste heat to power systems while Livermore National Laboratory, Los Alamos than’’. ensuring the safety and reliability of the interconnected units and the distribution National Laboratory, and Sandia National Laboratories do not allocate costs of general Mrs. SHAHEEN submitted and transmission networks to which the SA 3316. units connect, including— and administrative overhead to laboratory an amendment intended to be proposed (A) relevant current standards developed directed research and development. to amendment SA 2953 proposed by Ms. by the Institute of Electrical and Electronic MURKOWSKI to the bill S. 2012, to pro- Engineers; and SA 3319. Mr. WYDEN submitted an vide for the modernization of the en- (B) model codes and rules adopted by— amendment intended to be proposed to ergy policy of the United States, and (i) States; or amendment SA 2953 proposed by Ms. for other purposes; which was ordered (ii) associations of State regulatory agen- MURKOWSKI to the bill S. 2012, to pro- to lie on the table; as follows: cies. vide for the modernization of the en- (3) FACTORS FOR CONSIDERATION.—In estab- At the end of subtitle D of title II, add the lishing the model guidance under this sub- ergy policy of the United States, and following: section, the Secretary shall take into consid- for other purposes; which was ordered SEC. 23ll. MODEL GUIDANCE FOR COMBINED eration— to lie on the table; as follows: HEAT AND POWER SYSTEMS AND WASTE HEAT TO POWER SYSTEMS. (A) the appropriateness of using standards Strike section 3017 and insert the fol- or procedures for interconnection service (a) DEFINITIONS.—In this section: lowing: that vary based on unit size, fuel type, or (1) ADDITIONAL SERVICES.—The term ‘‘addi- SEC. 3017. WOODY BIO-POWER. tional services’’ means the provision of sup- other relevant characteristics; Section 803 of the Energy Independence plementary power, backup or standby power, (B) the appropriateness of establishing and Security Act of 2007 (42 U.S.C. 17282) is maintenance power, or interruptible power fast-track procedures for interconnection amended— to an electric consumer by an electric util- service; (1) in subsection (b)— ity. (C) the value of consistency with Federal (A) in paragraph (1), by striking ‘‘this sec- interconnection rules established by the Fed- (2) WASTE HEAT TO POWER SYSTEM.— tion’’ and inserting ‘‘paragraph (5)’’; eral Energy Regulatory Commission as of (A) IN GENERAL.—The term ‘‘waste heat to (B) in paragraph (2), by striking ‘‘this sec- power system’’ means a system that gen- the date of enactment of this Act; tion’’ and inserting ‘‘this subsection’’; and erates electricity through the recovery of (D) the best practices used to model outage (C) in paragraph (3)— waste energy. assumptions and contingencies to determine (i) in the matter preceding subparagraph fees or rates for additional services; (B) EXCLUSION.—The term ‘‘waste heat to (A), by inserting ‘‘or to receive any form of power system’’ does not include a system (E) the appropriate duration, magnitude, Federal assistance under subsection (c)’’ that generates electricity through the recov- or usage of demand charge ratchets; after ‘‘paragraph (1)’’; and ery of a heat resource from a process the pri- (F) potential alternative arrangements (ii) in subparagraph (A), by striking ‘‘a mary purpose of which is the generation of with respect to the procurement of addi- grant under this section’’ and inserting ‘‘a electricity using a fossil fuel. tional services, including— grant under this subsection or any form of (i) contracts tailored to individual electric (3) OTHER TERMS.— Federal assistance under subsection (c)’’; (A) PURPA.—The terms ‘‘electric con- consumers for additional services; (2) by redesignating subsection (c) as para- sumer’’, ‘‘electric utility’’, ‘‘interconnection (ii) procurement of additional services by graph (5), and indenting appropriately; service’’, ‘‘nonregulated electric utility’’, an electric utility from a competitive mar- (3) in paragraph (5) (as so redesignated), by and ‘‘State regulatory authority’’ have the ket; and striking ‘‘this section’’ and inserting ‘‘this meanings given those terms in the Public (iii) waivers of fees or rates for additional subsection’’; and Utility Regulatory Policies Act of 1978 (16 services for small electric consumers; and (4) by adding at the end the following: U.S.C. 2601 et seq.), within the meaning of (G) outcomes such as increased electric re- ‘‘(c) WOODY BIO-POWER.— title I of that Act (16 U.S.C. 2611 et seq.). liability, fuel diversification, enhanced ‘‘(1) DEFINITIONS.—In this subsection: (B) EPCA.—The terms ‘‘combined heat and power quality, and reduced electric losses ‘‘(A) WOODY BIOMASS.—The term ‘woody power system’’ and ‘‘waste energy’’ have the that may result from increased use of com- biomass’ means any material derived from meanings given those terms in section 371 of bined heat and power systems and waste trees and brush in forest ecosystems that is the Energy Policy and Conservation Act (42 heat to power systems. considered to be biomass (as defined in sec- U.S.C. 6341). tion 203(b) of the Energy Policy Act of 2005 (b) REVIEW.— SA 3317. Mr. HEINRICH (for himself, (42 U.S.C. 15852(b))). (1) IN GENERAL.—Not later than 180 days Mr. UDALL, Mr. GARDNER, and Mr. ‘‘(B) WOODY BIOMASS-DERIVED THERMAL EN- after the date of enactment of this Act, the BOOKER) submitted an amendment in- ERGY.—The term ‘woody biomass-derived Secretary, in consultation with the Federal tended to be proposed to amendment thermal energy’ means the use of woody bio- Energy Regulatory Commission and other SA 2953 proposed by Ms. MURKOWSKI to mass— appropriate entities, shall review existing the bill S. 2012, to provide for the mod- ‘‘(i) to generate heat; or rules and procedures relating to interconnec- ernization of the energy policy of the ‘‘(ii) for cooling purposes. tion service and additional services through- United States, and for other purposes; ‘‘(C) WOODY BIO-POWER.—The term ‘woody out the United States for electric generation bio-power’ means the use of woody biomass with nameplate capacity up to 20 megawatts which was ordered to lie on the table; to generate electricity. to identify barriers to the deployment of as follows: ‘‘(2) WOODY BIO-POWER AND WOODY BIOMASS- combined heat and power systems and waste At the end of subtitle C of title IV, add the DERIVED THERMAL ENERGY.—The Secretary heat to power systems. following: shall coordinate research and development

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.034 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S1006 CONGRESSIONAL RECORD — SENATE February 24, 2016 activities relating to woody bio-power and ‘‘(ii) 1 shall be comprised of representa- tion Agency, in consultation with other rel- woody biomass-derived thermal energy tives of projects that receive grants under evant Federal agencies, shall conduct an projects with other departments and agen- subparagraph (C)(ii); and evaluation of Federal policies as of the date cies of the Federal Government. ‘‘(iii) 1 shall be comprised of representa- of enactment of this subsection and make ‘‘(3) WOODY BIO-POWER AND WOODY BIOMASS- tives of projects that receive grants under recommendations on how Congress can bet- DERIVED THERMAL ENERGY GRANTS.— subparagraph (C)(iii). ter support the industrial, commercial, and ‘‘(A) ESTABLISHMENT.—Subject to the ‘‘(H) REPORTS.—Not later than 5 years residential wood energy sectors in the availability of appropriations, the Secretary after the date of enactment of this sub- United States. shall establish a program under which the section, the Secretary shall submit to Con- ‘‘(B) REPORT.—Not later than 18 months Secretary shall provide grants to support in- gress a report describing— after the date of enactment of this sub- novation, market development, and expan- ‘‘(i) each project for which a grant has been section, the Secretary shall submit to Con- sion for woody bio-power and woody bio- provided under this paragraph; gress a report on the evaluation conducted mass-derived thermal energy in the commer- ‘‘(ii) any findings as a result of those and recommendations made under subpara- cial, institutional, industrial, and residential projects; and graph (A). bioenergy sectors. ‘‘(iii) the state of market and technology ‘‘(C) FUNDING.—There is authorized to be development, including market barriers and appropriated to carry out this paragraph ‘‘(B) APPLICATIONS.—To be eligible to re- ceive a grant under this paragraph, the opportunities. $1,000,000. owner or operator of a relevant project shall ‘‘(I) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(9) REGIONAL TECHNICAL ASSISTANCE PRO- There is authorized to be appropriated to GRAM.— submit to the Secretary an application at carry out this subsection $35,000,000 for each ‘‘(A) IN GENERAL.—The Secretary shall es- such time, in such manner, and containing of fiscal years 2017 through 2026, to remain tablish a regional woody biomass energy pro- such information as the Secretary may re- available until expended. gram that provides technical assistance to quire. ‘‘(4) PROMOTING BIOENERGY IN FEDERAL FA- install woody bio-power or woody biomass- ‘‘(C) ALLOCATION.—Of the amounts appro- CILITIES.— derived thermal energy systems for heating, priated each fiscal year to carry out this ‘‘(A) IN GENERAL.—There is authorized to cooling, or electricity at new or existing fa- paragraph, the Secretary shall not provide be appropriated to the Secretary to fund cilities. more than— woody bio-power and woody biomass-derived ‘‘(B) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(i) $15,000,000 for projects that develop in- thermal energy system installations for new There is authorized to be appropriated to novative techniques to preprocess woody bio- or existing Federal facilities $20,000,000, to carry out this paragraph $75,000,000 for the mass for use in woody bio-powered and remain available until expended. period of fiscal years 2017 through 2026. woody biomass-derived thermal energy and ‘‘(B) CONSULTATION REQUIRED.—The Sec- ‘‘(10) STRATEGIC ANALYSIS AND RESEARCH.— for lowering the costs of— retary and the Administrator of General ‘‘(A) IN GENERAL.—The Secretary, acting ‘‘(I) distributed preprocessing technologies, Services shall consult regularly to ensure op- jointly with the Administrator of the Envi- including technologies designed to promote timal success of the activities described in ronmental Protection Agency, shall estab- densification, torrefaction, and the broader subparagraph (A). lish a woody biomass thermal and woody bio- commoditization of bioenergy feedstocks; ‘‘(5) DOE CHP TECHNICAL ASSISTANCE PART- power research program— and NERSHIPS.—There is authorized to be appro- ‘‘(i) the costs of which shall be divided ‘‘(II) transportation; priated to the Secretary to carry out the equally between the Department and the En- ‘‘(ii) $15,000,000 for woody bio-power and Combined Heat and Power Technical Assist- vironmental Protection Agency; woody biomass-derived thermal development ance Partnerships of the Department ‘‘(ii) to carry out projects and activities to projects, including— $5,000,000 to increase the capacity and exper- advance research and analysis on the envi- ‘‘(I) district energy projects; tise of the Department to provide technical ronmental, social, and economic impacts of ‘‘(II) combined heat and power; and other assistance for combined heat and the United States woody bio-power and ‘‘(III) small-scale gasification; power systems that use wood as a fuel woody biomass-derived thermal energy in- ‘‘(IV) innovation in the transportation of source. dustries, including— woody biomass; and ‘‘(6) DOE RESEARCH ON SMALL GASIFIER SYS- ‘‘(I) full accounting of greenhouse gas ‘‘(V) projects addressing the challenges of TEMS.—There is authorized to be appro- emissions; retrofitting existing electricity generation priated to the Secretary $5,000,000 to assess ‘‘(II) net energy analysis; and facilities, including coal-fired facilities, to and develop market opportunities for small ‘‘(III) advanced modeling of future climate use biomass; and gasifiers, turbines, and other small-scale impacts coupled with land use changes on fu- ‘‘(iii) $5,000,000 for research and develop- thermal energy and combined heat and ture forest health and biomass production; ment of residential wood heaters towards power systems that use wood as a fuel ‘‘(iii) to provide recommendations for pol- meeting all targets established by the most source. icy and investment in those areas; and recent standards of performance established ‘‘(7) WOOD ENERGY WORKS PROGRAM.— ‘‘(iv) to identify and assess, through a joint by the Administrator of the Environmental ‘‘(A) IN GENERAL.—Of the amounts appro- effort between the Secretary and the re- Protection Agency under section 111 of the priated to carry out this paragraph, the Sec- gional combined heat and power groups of Clean Air Act (42 U.S.C. 7411). retary shall grant funding to a non-Federal the Department and the Environmental Pro- ‘‘(D) REGIONAL DISTRIBUTION.—In selecting organization to create and deliver an initia- tection Agency, the feasibility of thermally projects to receive grants under this para- tive for the purpose of providing free assist- led district wood energy opportunities in all graph, the Secretary shall ensure, to the ance from the design phase through the con- regions, including by conducting— maximum extent practicable, diverse geo- struction phase for wood energy projects and ‘‘(I) broad regional assessments; and graphical distribution among the projects. education, training, and resources related to ‘‘(II) feasibility studies and preliminary ‘‘(E) COST SHARE.—The Federal share of the the design of wood energy systems for a wide engineering assessments for individual facili- cost of a project carried out using a grant range of building types including mid-rise, ties. under this paragraph shall be 50 percent. multi-residential, commercial, institutional, ‘‘(B) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(F) DUTIES OF RECIPIENTS.—As a condition and industrial buildings. There are authorized to be appropriated to of receiving a grant under this paragraph, ‘‘(B) REPORTS.— the Secretary and the Administrator of the the owner or operator of a relevant project ‘‘(i) IN GENERAL.—A non-Federal organiza- Environmental Protection Agency— shall— tion described in subparagraph (A) shall re- ‘‘(i) $2,000,000 to carry out clauses (ii) and ‘‘(i) participate in the applicable working port quarterly to the Secretary on the (iii) of subparagraph (A); and group under subparagraph (G); progress and accomplishments of the initia- ‘‘(ii) $1,000,000 to carry out subparagraph ‘‘(ii) submit to the Secretary a report that tive. (A)(iv).’’. includes— ‘‘(ii) REPORT TO CONGRESS.—For each fiscal ‘‘(I) a description of the project and any year in which funding is appropriated to SA 3320. Mr. WYDEN submitted an relevant findings; and carry out this paragraph, the Secretary shall amendment intended to be proposed to ‘‘(II) such other information as the Sec- submit to Congress a report on the progress amendment SA 2953 proposed by Ms. retary determines to be necessary to com- and accomplishments of the funded initia- MURKOWSKI to the bill S. 2012, to pro- plete the report of the Secretary under sub- tives. vide for the modernization of the en- paragraph (H); and ‘‘(C) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(iii) carry out such other activities as the There is authorized to be appropriated to ergy policy of the United States, and Secretary determines to be necessary. carry out this paragraph— for other purposes; which was ordered ‘‘(G) WORKING GROUPS.—The Secretary ‘‘(i) $2,000,000 for fiscal year 2017; and to lie on the table; as follows: shall establish 3 working groups to share ‘‘(ii) $5,000,000 for each of fiscal years 2018 Strike section 3009 and insert the fol- best practices and collaborate in project im- through 2027. lowing: plementation, of which— ‘‘(8) COORDINATION OF EFFORTS TO CREATE SEC. 3009. LARGE-SCALE GEOTHERMAL ENERGY. ‘‘(i) 1 shall be comprised of representatives INTERAGENCY WOOD ENERGY POLICY REPORT.— Section 803 of the Energy Independence of projects that receive grants under sub- ‘‘(A) IN GENERAL.—The Secretary and the and Security Act of 2007 (42 U.S.C. 17282) is paragraph (C)(i); Administrator of the Environmental Protec- amended—

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.037 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S1007 (1) in subsection (b)— ‘‘(IV) improved methods for determination ‘‘(i) an analysis of progress made in each of (A) in paragraph (1), by striking ‘‘this sec- of ground thermal properties and ground the areas described in paragraph (3)(B); and tion’’ and inserting ‘‘paragraph (5)’’; temperatures; ‘‘(ii)(I) a description of any relevant rec- (B) in paragraph (2), by striking ‘‘this sec- ‘‘(iv) installing geothermal ground loops ommendations made during a review of the tion’’ and inserting ‘‘this subsection’’; and near the foundation walls of new construc- program; and (C) in paragraph (3)— tion to take advantage of existing struc- ‘‘(II) any plans to address the recommenda- (i) in the matter preceding subparagraph tures; tions under subclause (I).’’. (A), by inserting ‘‘or to receive a grant under ‘‘(v) using gray or black wastewater as a subsection (c)’’ after ‘‘paragraph (1)’’; and method of heat exchange; SA 3321. Mr. CARDIN submitted an (ii) in subparagraph (A), by striking ‘‘a ‘‘(vi) improving geothermal heat pump sys- amendment intended to be proposed to grant under this section’’ and inserting ‘‘a tem economics through integration of geo- amendment SA 2953 proposed by Ms. grant under this subsection or subsection thermal systems with other building sys- MURKOWSKI to the bill S. 2012, to pro- (c)’’; tems, including providing hot and cold water vide for the modernization of the en- (2) by redesignating subsection (c) as para- and rejecting or circulating industrial proc- ergy policy of the United States, and graph (5), and indenting appropriately; ess heat through refrigeration heat rejection for other purposes; which was ordered (3) in paragraph (5) (as so redesignated), by and waste heat recovery; striking ‘‘this section’’ and inserting ‘‘this ‘‘(vii) advanced geothermal systems using to lie on the table; as follows: subsection’’; and variable pumping rates to increase effi- At the end, add the following: (4) by adding at the end the following: ciency; TITLE VI—SPORTSMEN AND WILDLIFE ‘‘(viii) geothermal heat pump efficiency ‘‘(c) LARGE-SCALE GEOTHERMAL ENERGY.— SEC. 601. TARGET PRACTICE AND MARKSMAN- improvements; ‘‘(1) PURPOSES.—The purposes of this sub- SHIP. section are— ‘‘(ix) use of hot water found in mines and (a) PURPOSE.—The purpose of this section ‘‘(A) to improve the components, processes, mine shafts and other surface waters as the is to facilitate the construction and expan- and systems used for geothermal heat pumps heat exchange medium; sion of public target ranges, including ranges and the direct use of geothermal energy; and ‘‘(x) heating of districts, neighborhoods, on Federal land managed by the Forest Serv- communities, large commercial or public ‘‘(B) to increase the energy efficiency, ice and the Bureau of Land Management. buildings (including office, retail, edu- lower the cost, increase the use, and improve (b) DEFINITION OF PUBLIC TARGET RANGE.— cational, government, and institutional and demonstrate the applicability of geo- In this section, the term ‘‘public target buildings and multifamily residential build- thermal heat pumps to, and the direct use of range’’ means a specific location that— ings and campuses), and industrial and man- geothermal energy in, large buildings, com- (1) is identified by a governmental agency ufacturing facilities; mercial districts, residential communities, for recreational shooting; ‘‘(xi) geothermal system integration with (2) is open to the public; and large municipal, agricultural, or indus- solar thermal water heating or cool roofs (3) may be supervised; and trial projects. and solar-regenerated desiccants to balance (4) may accommodate archery or rifle, pis- ‘‘(2) DEFINITIONS.—In this subsection: loads and use building hot water to store tol, or shotgun shooting. ‘‘(A) DIRECT USE OF GEOTHERMAL ENERGY.— geothermal energy; (c) AMENDMENTS TO PITTMAN-ROBERTSON The term ‘direct use of geothermal energy’ ‘‘(xii) use of hot water coproduced from oil WILDLIFE RESTORATION ACT.— means systems that use water that is at a and gas recovery; (1) DEFINITIONS.—Section 2 of the Pittman- temperature between approximately 38 de- ‘‘(xiii) use of water sources at a tempera- Robertson Wildlife Restoration Act (16 grees Celsius and 149 degrees Celsius directly ture of less than 150 degrees Celsius for di- U.S.C. 669a) is amended— or through a heat exchanger to provide— rect use; (A) by redesignating paragraphs (2) ‘‘(i) heating to buildings; or ‘‘(xiv) system integration of direct use through (8) as paragraphs (3) through (9), re- ‘‘(ii) heat required for industrial processes, with geothermal electricity production; and spectively; and agriculture, aquaculture, and other facili- ‘‘(xv) coproduction of heat and power, in- (B) by inserting after paragraph (1) the fol- ties. cluding on-site use. lowing: ‘‘(B) GEOTHERMAL HEAT PUMP.—The term ‘‘(C) ENVIRONMENTAL IMPACTS.—In carrying ‘‘(2) the term ‘public target range’ means a ‘geothermal heat pump’ means a system that out the program, the Secretary shall identify specific location that— provides heating and cooling by exchanging and mitigate potential environmental im- ‘‘(A) is identified by a governmental agen- heat from shallow ground or surface water pacts in accordance with section 614(c). cy for recreational shooting; using— ‘‘(4) GRANTS.— ‘‘(B) is open to the public; ‘‘(i) a closed loop system, which transfers ‘‘(A) IN GENERAL.—The Secretary shall ‘‘(C) may be supervised; and heat by way of buried or immersed pipes that make grants available to State and local ‘‘(D) may accommodate archery or rifle, contain a mix of water and working fluid; or governments, institutions of higher edu- pistol, or shotgun shooting;’’. ‘‘(ii) an open loop system, which circulates cation, nonprofit entities, utilities, and for- (2) EXPENDITURES FOR MANAGEMENT OF ground or surface water directly into the profit companies (including manufacturers WILDLIFE AREAS AND RESOURCES.—Section building and returns the water to the same of heat-pump and direct-use components and 8(b) of the Pittman-Robertson Wildlife Res- aquifer or surface water source. systems) to promote the development of geo- toration Act (16 U.S.C. 669g(b)) is amended— ‘‘(C) LARGE-SCALE APPLICATION.—The term thermal heat pumps and the direct use of (A) by striking ‘‘(b) Each State’’ and in- ‘large-scale application’ means an applica- geothermal energy. serting the following: tion for space or process heating or cooling ‘‘(B) PRIORITY.—In making grants under ‘‘(b) EXPENDITURES FOR MANAGEMENT OF for large entities with a name-plate capac- this paragraph, the Secretary shall give pri- WILDLIFE AREAS AND RESOURCES.— ity, expected resource, or rating of 10 or ority to proposals that apply to large build- ‘‘(1) IN GENERAL.—Except as provided in more megawatts, such as a large building, ings (including office, retail, educational, paragraph (2), each State’’; commercial district, residential community, government, institutional, and multifamily (B) in paragraph (1) (as so designated), by or a large municipal, agricultural, or indus- residential buildings and campuses and in- striking ‘‘construction, operation,’’ and in- trial project. dustrial and manufacturing facilities), com- serting ‘‘operation’’; ‘‘(3) PROGRAM.— mercial districts, and residential commu- (C) in the second sentence, by striking ‘‘(A) IN GENERAL.—The Secretary shall es- nities. ‘‘The non-Federal share’’ and inserting the tablish a program of research, development, ‘‘(C) NATIONAL SOLICITATION.—Not later following: and demonstration for geothermal heat than 180 days after the date of enactment of ‘‘(3) NON-FEDERAL SHARE.—The non-Federal pumps and the direct use of geothermal en- this subsection, the Secretary shall conduct share’’; ergy. a national solicitation for applications for (D) in the third sentence, by striking ‘‘The ‘‘(B) AREAS.—The program may include re- grants under this paragraph. Secretary’’ and inserting the following: search, development, demonstration, and ‘‘(5) REPORTS.— ‘‘(4) REGULATIONS.—The Secretary’’; and commercial application of— ‘‘(A) IN GENERAL.—Not later than 2 years (E) by inserting after paragraph (1) (as des- ‘‘(i) geothermal ground loop efficiency im- after the date of enactment of this sub- ignated by subparagraph (A)) the following: provements through more efficient heat section and annually thereafter, the Sec- ‘‘(2) EXCEPTION.—Notwithstanding the lim- transfer fluids; retary shall submit to the Committee on En- itation described in paragraph (1), a State ‘‘(ii) geothermal ground loop efficiency im- ergy and Natural Resources of the Senate may pay up to 90 percent of the cost of ac- provements through more efficient thermal and the Committee on Science, Space, and quiring land for, expanding, or constructing grouts for wells and trenches; Technology of the House of Representatives a public target range.’’. ‘‘(iii) geothermal ground loop installation a report on progress made and results ob- (3) FIREARM AND BOW HUNTER EDUCATION cost reduction through— tained under this subsection to develop geo- AND SAFETY PROGRAM GRANTS.—Section 10 of ‘‘(I) improved drilling methods; thermal heat pumps and direct use of geo- the Pittman-Robertson Wildlife Restoration ‘‘(II) improvements in drilling equipment; thermal energy. Act (16 U.S.C. 669h–1) is amended— ‘‘(III) improvements in design methodology ‘‘(B) AREAS.—Each of the reports required (A) in subsection (a), by adding at the end and energy analysis procedures; and under this paragraph shall include— the following:

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‘‘(3) ALLOCATION OF ADDITIONAL AMOUNTS.— ‘‘(1) IN GENERAL.—The Secretary may SEC. 604. NATIONAL FISH AND WILDLIFE FOUN- Of the amount apportioned to a State for award a multiyear grant under this section DATION ESTABLISHMENT ACT. any fiscal year under section 4(b), the State to a person who is otherwise eligible for a (a) BOARD OF DIRECTORS OF THE FOUNDA- may elect to allocate not more than 10 per- grant under this section, to carry out a TION.— cent, to be combined with the amount appor- project that the person demonstrates is an (1) IN GENERAL.—Section 3 of the National tioned to the State under paragraph (1) for effective, long-term conservation strategy Fish and Wildlife Foundation Establishment that fiscal year, for acquiring land for, ex- for great apes and their habitats. Act (16 U.S.C. 3702) is amended— panding, or constructing a public target ‘‘(2) ANNUAL GRANTS NOT AFFECTED.—This (A) in subsection (b)— range.’’; subsection shall not be construed as pre- (i) by striking paragraph (2) and inserting (B) by striking subsection (b) and inserting cluding the Secretary from awarding grants the following: the following: on an annual basis.’’. ‘‘(2) IN GENERAL.—After consulting with ‘‘(b) COST SHARING.— (2) PANEL OF EXPERTS.—In section 4(i) (16 the Secretary of Commerce and considering the recommendations submitted by the ‘‘(1) IN GENERAL.—Except as provided in U.S.C. 6303(i))— paragraph (2), the Federal share of the cost (A) in paragraph (1), by— Board, the Secretary of the Interior shall ap- of any activity carried out using a grant (i) striking ‘‘Every 2 years’’ and inserting point 28 Directors who, to the maximum ex- under this section shall not exceed 75 percent ‘‘Within one year after the date of the enact- tent practicable, shall— of the total cost of the activity. ment of the Energy Policy Modernization ‘‘(A) be knowledgeable and experienced in matters relating to the conservation of fish, ‘‘(2) PUBLIC TARGET RANGE CONSTRUCTION OR Act of 2016, and every 5 years thereafter’’; wildlife, or other natural resources; and EXPANSION.—The Federal share of the cost of (ii) striking ‘‘may convene’’ and inserting ‘‘(B) represent a balance of expertise in acquiring land for, expanding, or con- ‘‘shall convene’’; ocean, coastal, freshwater, and terrestrial re- structing a public target range in a State on (iii) inserting ‘‘and priorities’’ after source conservation.’’; and Federal or non-Federal land pursuant to this ‘‘needs’’; and (ii) by striking paragraph (3) and inserting section or section 8(b) shall not exceed 90 (iv) adding at the end the following new the following: percent of the cost of the activity.’’; and sentence: ‘‘The panel shall, to the extent ‘‘(3) TERMS.—Each Director (other than a (C) in subsection (c)(1)— practicable, include representatives from Director described in paragraph (1)) shall be (i) by striking ‘‘Amounts made’’ and in- foreign range states with expertise in great appointed for a term of 6 years.’’; and serting the following: ape conservation.’’; and (B) in subsection (g)(2)— ‘‘(A) IN GENERAL.—Except as provided in (B) by redesignating paragraph (2) as para- (i) in subparagraph (A), by striking ‘‘(A) subparagraph (B), amounts made’’; and graph (4), and inserting after paragraph (1) Officers and employees may not be appointed (ii) by adding at the end the following: the following new paragraphs: ‘‘(2) In identifying conservation needs and until the Foundation has sufficient funds to ‘‘(B) EXCEPTION.—Amounts provided for ac- pay them for their service. Officers’’ and in- quiring land for, constructing, or expanding priorities under paragraph (1), the panel serting the following: a public target range shall remain available shall consider relevant great ape conserva- ‘‘(A) IN GENERAL.—Officers’’; and for expenditure and obligation during the 5- tion plans or strategies including scientific (ii) by striking subparagraph (B) and in- fiscal-year period beginning on October 1 of research and findings related to— serting the following: the first fiscal year for which the amounts ‘‘(A) the conservation needs and priorities of great apes; ‘‘(B) EXECUTIVE DIRECTOR.—The Founda- are made available.’’. ‘‘(B) regional or species-specific action tion shall have an Executive Director who (d) SENSE OF CONGRESS REGARDING CO- plans or strategies; shall be— OPERATION.—It is the sense of Congress that, ‘‘(C) applicable strategies developed or ini- ‘‘(i) appointed by, and serve at the direc- consistent with applicable laws (including tiated by the Secretary; and tion of, the Board as the chief executive offi- regulations), the Chief of the Forest Service ‘‘(D) any other applicable conservation cer of the Foundation; and and the Director of the Bureau of Land Man- plan or strategy. ‘‘(ii) knowledgeable and experienced in agement should cooperate with State and ‘‘(3) The Secretary, subject to the avail- matters relating to fish and wildlife con- local authorities and other entities to carry ability of appropriations, may pay expenses servation.’’. out waste removal and other activities on of convening and facilitating meetings of the (2) CONFORMING AMENDMENT.—Section any Federal land used as a public target panel.’’. 4(a)(1)(B) of the North American Wetlands range to encourage continued use of that (3) ADMINISTRATIVE EXPENSES LIMITATION.— Conservation Act (16 U.S.C. 4403(a)(1)(B)) is land for target practice or marksmanship In section 5(b)(2) (16 U.S.C. 6304(b)(2)), by amended by striking ‘‘Secretary of the training. striking ‘‘$100,000’’ and inserting ‘‘$150,000’’. Board’’ and inserting ‘‘Executive Director of SEC. 602. NORTH AMERICAN WETLANDS CON- (4) AUTHORIZATION OF APPROPRIATIONS.—In the Board’’. SERVATION ACT. section 6 (16 U.S.C. 6305), by striking ‘‘2006 (b) RIGHTS AND OBLIGATIONS OF THE FOUN- Section 7(c) of the North American Wet- through 2010’’ and inserting ‘‘2016 through DATION.—Section 4 of the National Fish and lands Conservation Act (16 U.S.C. 4406(c)) is 2020’’. Wildlife Foundation Establishment Act (16 amended— (e) AMENDMENT AND REAUTHORIZATION OF U.S.C. 3703) is amended— (1) in paragraph (4), by striking ‘‘and’’; MARINE TURTLE CONSERVATION ACT OF 2004.— (1) in subsection (c)— (2) in paragraph (5), by striking the period (1) IN GENERAL.—The Marine Turtle Con- (A) by striking ‘‘(c) POWERS.—To carry out at the end and inserting ‘‘; and’’; and servation Act of 2004 is amended— its purposes under’’ and inserting the fol- (3) by adding at the end the following: (A) in sections 2(b) and 3(2) (16 U.S.C. lowing: ‘‘(6) $50,000,000 for each of fiscal years 2016 6601(b), 6602(2)), by inserting ‘‘and territories ‘‘(c) POWERS.— through 2021.’’. of the United States’’ after ‘‘foreign coun- ‘‘(1) IN GENERAL.—To carry out the pur- SEC. 603. MULTINATIONAL SPECIES CONSERVA- tries’’ each place it occurs; poses described in’’; TION FUNDS REAUTHORIZATION. (B) in section 3 (16 U.S.C. 6602) by adding at (B) by redesignating paragraphs (1) (a) REAUTHORIZATION OF AFRICAN ELEPHANT the end the following: through (11) as subparagraphs (A) through CONSERVATION ACT.—Section 2306(a) of the ‘‘(7) TERRITORY OF THE UNITED STATES.— (K), respectively, and indenting appro- African Elephant Conservation Act (16 U.S.C. The term ‘territory of the United States’ priately; 4245(a)) is amended by striking ‘‘2007 through means each of Puerto Rico, the United (C) in subparagraph (D) (as redesignated by 2012’’ and inserting ‘‘2016 through 2020’’. States Virgin Islands, Guam, American subparagraph (B)), by striking ‘‘that are in- (b) REAUTHORIZATION OF RHINOCEROS AND Samoa, the Commonwealth of the Northern sured by an agency or instrumentality of the TIGER CONSERVATION ACT OF 1994.—Section Mariana Islands, and any other territory or United States’’ and inserting ‘‘at 1 or more 10(a) of the Rhinoceros and Tiger Conserva- possession of the United States.’’; and financial institutions that are members of tion Act of 1994 (16 U.S.C. 5306(a)) is amended (C) in section 4 (16 U.S.C. 6603)— the Federal Deposit Insurance Corporation by striking ‘‘2007 through 2012’’ and inserting (i) in subsection (b)(1)(A), by inserting ‘‘or or the Securities Investment Protection Cor- ‘‘2016 through 2020’’. territory of the United States’’ after ‘‘for- poration’’; (c) REAUTHORIZATION OF ASIAN ELEPHANT eign country’’; and (D) in subparagraph (E) (as redesignated by CONSERVATION ACT OF 1997.—Section 8(a) of (ii) in subsection (d) by inserting ‘‘and ter- subparagraph (B)), by striking ‘‘paragraph (3) the Asian Elephant Conservation Act of 1997 ritories of the United States’’ after ‘‘foreign or (4)’’ and inserting ‘‘subparagraph (C) or (16 U.S.C. 4266(a)) is amended by striking countries’’. (D)’’; ‘‘2007 through 2012’’ and inserting ‘‘2016 (2) ADMINISTRATIVE EXPENSES LIMITATION.— (E) in subparagraph (J) (as redesignated by through 2020’’. Section 5(b)(2) of the Marine Turtle Con- subparagraph (B)), by striking ‘‘; and’’ and (d) AMENDMENT AND REAUTHORIZATION OF servation Act of 2004 (16 U.S.C. 6604(b)(2)) is inserting a semicolon; GREAT APE CONSERVATION ACT OF 2000.—The amended by striking ‘‘$80,000’’ and inserting (F) by striking subparagraph (K) (as redes- Great Ape Conservation Act of 2000 is amend- ‘‘$150,000’’. ignated by subparagraph (B)) and inserting ed as follows: (3) REAUTHORIZATION.—Section 7 of the Ma- the following: (1) MULTIYEAR GRANTS.—In section 4 (16 rine Turtle Conservation Act of 2004 (16 ‘‘(K) to receive and administer restitution U.S.C. 6303), by adding at the end the fol- U.S.C. 6606) is amended by striking ‘‘each of and community service payments, amounts lowing new subsections: fiscal years 2005 through 2009’’ and inserting for mitigation of impacts to natural re- ‘‘(j) MULTIYEAR GRANTS.— ‘‘each of fiscal years 2016 through 2020’’. sources, and other amounts arising from

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.039 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S1009 legal, regulatory, or administrative pro- pursuant to this Act, a Federal department, (A) increasing fishing opportunities; ceedings, subject to the condition that the agency, or instrumentality shall have discre- (B) fostering the participation of local amounts are received or administered for tion to waive any competitive process appli- communities, especially young people in purposes that further the conservation and cable to the department, agency, or instru- local communities, in conservation activi- management of fish, wildlife, plants, and mentality for entering into contracts, agree- ties; and other natural resources; and ments, or partnerships with the Foundation (C) raising public awareness of the role ‘‘(L) to do acts necessary to carry out the if the purpose of the waiver is— healthy fish habitat play in the quality of purposes of the Foundation.’’; and ‘‘(i) to address an environmental emer- life and economic well-being of local commu- (G) by striking the undesignated matter at gency resulting from a natural or other dis- nities; the end and inserting the following: aster; or (4) to fill gaps in the National Fish Habitat ‘‘(2) TREATMENT OF REAL PROPERTY.— ‘‘(ii) as determined by the head of the ap- Assessment and the associated database of ‘‘(A) IN GENERAL.—For purposes of this plicable Federal department, agency, or in- the National Fish Habitat Assessment— Act, an interest in real property shall be strumentality, to reduce administrative ex- (A) to empower strategic conservation ac- treated as including easements or other penses and expedite the conservation and tions supported by broadly available sci- rights for preservation, conservation, protec- management of fish, wildlife, plants, and entific information; and tion, or enhancement by and for the public of other natural resources. (B) to integrate socioeconomic data in the natural, scenic, historic, scientific, edu- ‘‘(B) REPORTS.—The Foundation shall in- analysis to improve the lives of humans in a cational, inspirational, or recreational re- clude in the annual report submitted under manner consistent with fish habitat con- sources. section 7(b) a description of any use of the servation goals; and ‘‘(B) ENCUMBERED REAL PROPERTY.—A gift, authority under subparagraph (A) by a Fed- (5) to communicate to the public and con- devise, or bequest may be accepted by the eral department, agency, or instrumentality servation partners— Foundation even though the gift, devise, or in that fiscal year.’’; and (A) the conservation outcomes produced bequest is encumbered, restricted, or subject (3) by adding at the end the following: collectively by Fish Habitat Partnerships; to beneficial interests of private persons if ‘‘(d) USE OF GIFTS, DEVISES, OR BEQUESTS and any current or future interest in the gift, de- OF MONEY OR OTHER PROPERTY.—Any gifts, (B) new opportunities and voluntary ap- vise, or bequest is for the benefit of the devises, or bequests of amounts or other proaches for conserving fish habitat. Foundation. property, or any other amounts or other SEC. 703. DEFINITIONS. ‘‘(3) SAVINGS CLAUSE.—The acceptance and property, transferred to, deposited with, or In this title: administration of amounts by the Founda- otherwise in the possession of the Founda- (1) APPROPRIATE CONGRESSIONAL COMMIT- tion under paragraph (1)(K) does not alter, tion pursuant to this Act, may be made TEES.—The term ‘‘appropriate congressional supersede, or limit any regulatory or statu- available by the Foundation to Federal de- committees’’ means— tory requirement associated with those partments, agencies, or instrumentalities (A) the Committee on Commerce, Science, amounts.’’; and may be accepted and expended (or the and Transportation and the Committee on (2) by striking subsections (f) and (g); and disposition of the amounts or property di- Environment and Public Works of the Sen- (3) by redesignating subsections (h) and (i) rected), without further appropriation, by ate; and as subsections (f) and (g), respectively. those Federal departments, agencies, or in- (B) the Committee on Natural Resources of (c) AUTHORIZATION OF APPROPRIATIONS.— strumentalities, subject to the condition the House of Representatives. Section 10 of the National Fish and Wildlife that the amounts or property be used for (2) BOARD.—The term ‘‘Board’’ means the Foundation Establishment Act (16 U.S.C. purposes that further the conservation and National Fish Habitat Board established by 3709) is amended— management of fish, wildlife, plants, and section 704(a)(1). (1) in subsection (a), by striking paragraph other natural resources.’’. (3) DIRECTOR.—The term ‘‘Director’’ means (1) and inserting the following: (d) LIMITATION ON AUTHORITY.—Section 11 the Director of the United States Fish and ‘‘(1) IN GENERAL.—There are authorized to of the National Fish and Wildlife Foundation Wildlife Service. be appropriated to carry out this Act for Establishment Act (16 U.S.C. 3710) is amend- (4) EPA ASSISTANT ADMINISTRATOR.—The each of fiscal years 2016 through 2021— ed by inserting ‘‘exclusive’’ before ‘‘author- term ‘‘EPA Assistant Administrator’’ means ‘‘(A) $15,000,000 to the Secretary of the In- ity’’. the Assistant Administrator for Water of the terior; SEC. 605. REAUTHORIZATION OF NEOTROPICAL Environmental Protection Agency. ‘‘(B) $5,000,000 to the Secretary of Agri- MIGRATORY BIRD CONSERVATION (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ culture; and ACT. has the meaning given the term in section 4 ‘‘(C) $5,000,000 to the Secretary of Com- Section 10 of the Neotropical Migratory of the Indian Self-Determination and Edu- merce.’’; Bird Conservation Act (16 U.S.C. 6109) is cation Assistance Act (25 U.S.C. 450b). (2) in subsection (b)— amended to read as follows: (6) NOAA ASSISTANT ADMINISTRATOR.—The (A) by striking paragraph (1) and inserting ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. term ‘‘NOAA Assistant Administrator’’ the following: ‘‘(a) IN GENERAL.—There is authorized to means the Assistant Administrator for Fish- ‘‘(1) AMOUNTS FROM FEDERAL AGENCIES.— be appropriated to carry out this Act eries of the National Oceanic and Atmos- ‘‘(A) IN GENERAL.—In addition to the $6,500,000 for each of fiscal years 2016 through pheric Administration. amounts authorized to be appropriated under 2021. (7) PARTNERSHIP.—The term ‘‘Partnership’’ subsection (a), Federal departments, agen- ‘‘(b) USE OF FUNDS.—Of the amounts made means a self-governed entity designated by cies, or instrumentalities may provide Fed- available under subsection (a) for each fiscal the Board as a Fish Habitat Conservation eral funds to the Foundation, subject to the year, not less than 75 percent shall be ex- Partnership pursuant to section 705(a). pended for projects carried out at a location condition that the amounts are used for pur- (8) REAL PROPERTY INTEREST.—The term poses that further the conservation and man- outside of the United States.’’. ‘‘real property interest’’ means an ownership agement of fish, wildlife, plants, and other TITLE VII—NATIONAL FISH HABITAT interest in— natural resources in accordance with this CONSERVATION (A) land; or Act. SEC. 701. SHORT TITLE. (B) water (including water rights). ‘‘(B) ADVANCES.—Federal departments, This title may be cited as the ‘‘National (9) SECRETARY.—The term ‘‘Secretary’’ agencies, or instrumentalities may advance Fish Habitat Conservation Through Partner- means the Secretary of the Interior. amounts described in subparagraph (A) to ships Act’’. (10) STATE.—The term ‘‘State’’ means each the Foundation in a lump sum without re- SEC. 702. PURPOSE. of the several States. gard to when the expenses for which the The purpose of this title is to encourage (11) STATE AGENCY.—The term ‘‘State agen- amounts are used are incurred. partnerships among public agencies and cy’’ means— ‘‘(C) MANAGEMENT FEES.—The Foundation other interested parties to promote fish con- (A) the fish and wildlife agency of a State; may assess and collect fees for the manage- servation— and ment of amounts received under this para- (1) to achieve measurable habitat con- (B) any department or division of a depart- graph.’’; servation results through strategic actions ment or agency of a State that manages in (B) in paragraph (2)— of Fish Habitat Partnerships that lead to the public trust the inland or marine fishery (i) in the paragraph heading, by striking better fish habitat conditions and increased resources or sustains the habitat for those ‘‘FUNDS’’ and inserting ‘‘AMOUNTS’’; fishing opportunities by— fishery resources of the State pursuant to (ii) by striking ‘‘shall be used’’ and insert- (A) improving ecological conditions; State law or the constitution of the State. ing ‘‘may be used’’; and (B) restoring natural processes; or SEC. 704. NATIONAL FISH HABITAT BOARD. (iii) by striking ‘‘and State and local gov- (C) preventing the decline of intact and (a) ESTABLISHMENT.— ernment agencies’’ and inserting ‘‘, State healthy systems; (1) FISH HABITAT BOARD.—There is estab- and local government agencies, and other en- (2) to establish a consensus set of national lished a board, to be known as the ‘‘National tities’’; and conservation strategies as a framework to Fish Habitat Board’’, whose duties are— (C) by adding at the end the following: guide future actions and investment by Fish (A) to promote, oversee, and coordinate the ‘‘(3) ADMINISTRATION OF AMOUNTS.— Habitat Partnerships; implementation of this title; ‘‘(A) IN GENERAL.—In entering into con- (3) to broaden the community of support (B) to establish national goals and prior- tracts, agreements, or other partnerships for fish habitat conservation by— ities for fish habitat conservation;

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.039 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S1010 CONGRESSIONAL RECORD — SENATE February 24, 2016 (C) to approve Partnerships; and subparagraphs (A) through (F) of subsection SEC. 705. FISH HABITAT PARTNERSHIPS. (D) to review and make recommendations (a)(2). (a) AUTHORITY TO APPROVE.—The Board regarding fish habitat conservation projects. (B) REMAINING MEMBERS.—Not later than 60 may approve and designate Fish Habitat (2) MEMBERSHIP.—The Board shall be com- days after the date of enactment of this Act, Partnerships in accordance with this section. posed of 25 members, of whom— the representatives of the initial Board pur- (b) PURPOSES.—The purposes of a Partner- (A) 1 shall be a representative of the De- suant to subparagraph (A) shall appoint the ship shall be— partment of the Interior; remaining members of the Board described (1) to work with other regional habitat (B) 1 shall be a representative of the in subparagraphs (H) through (N) of sub- conservation programs to promote coopera- tion and coordination to enhance fish and United States Geological Survey; section (a)(2). fish habitats; (C) 1 shall be a representative of the De- (C) TRIBAL REPRESENTATIVES.—Not later (2) to engage local and regional commu- partment of Commerce; than 60 days after the enactment of this Act, nities to build support for fish habitat con- (D) 1 shall be a representative of the De- the Secretary shall provide to the Board a servation; partment of Agriculture; recommendation of not fewer than 3 tribal (E) 1 shall be a representative of the Asso- (3) to involve diverse groups of public and representatives, from which the Board shall private partners; ciation of Fish and Wildlife Agencies; appoint 1 representative pursuant to sub- (F) 4 shall be representatives of State (4) to develop collaboratively a strategic paragraph (G) of subsection (a)(2). vision and achievable implementation plan agencies, 1 of whom shall be nominated by a (3) TRANSITIONAL TERMS.—Of the members regional association of fish and wildlife that is scientifically sound; described in subsection (a)(2)(J) initially ap- (5) to leverage funding from sources that agencies from each of the Northeast, South- pointed to the Board— east, Midwest, and Western regions of the support local and regional partnerships; (A) 2 shall be appointed for a term of 1 (6) to use adaptive management principles, United States; year; (G) 1 shall be a representative of either— including evaluation of project success and (B) 2 shall be appointed for a term of 2 functionality; (i) Indian tribes in the State of Alaska; or years; and (ii) Indian tribes in States other than the (7) to develop appropriate local or regional (C) 3 shall be appointed for a term of 3 habitat evaluation and assessment measures State of Alaska; years. (H) 1 shall be a representative of either— and criteria that are compatible with na- (4) VACANCIES.— tional habitat condition measures; and (i) the Regional Fishery Management (A) IN GENERAL.—A vacancy of a member of Councils established under section 302 of the (8) to implement local and regional pri- the Board described in any of subparagraphs ority projects that improve conditions for Magnuson-Stevens Fishery Conservation and (H) through (N) of subsection (a)(2) shall be Management Act (16 U.S.C. 1852); or fish and fish habitat. filled by an appointment made by the re- (c) CRITERIA FOR APPROVAL.—An entity (ii) a representative of the Marine Fish- maining members of the Board. seeking to be designated as a Partnership eries Commissions, which is composed of— (B) TRIBAL REPRESENTATIVES.—Following a shall— (I) the Atlantic States Marine Fisheries vacancy of a member of the Board described (1) submit to the Board an application at Commission; in subparagraph (G) of subsection (a)(2), the such time, in such manner, and containing (II) the Gulf States Marine Fisheries Com- Secretary shall recommend to the Board a such information as the Board may reason- mission; and list of not fewer than 3 tribal representa- ably require; and (III) the Pacific States Marine Fisheries tives, from which the remaining members of (2) demonstrate to the Board that the enti- Commission; the Board shall appoint a representative to ty has— (I) 1 shall be a representative of the fill the vacancy. (A) a focus on promoting the health of im- Sportfishing and Boating Partnership Coun- (5) CONTINUATION OF SERVICE.—An indi- portant fish and fish habitats; cil; vidual whose term of service as a member of (B) an ability to coordinate the implemen- (J) 7 shall be representatives selected from the Board expires may continue to serve on tation of priority projects that support the each of— the Board until a successor is appointed. goals and national priorities set by the (i) the recreational sportfishing industry; Board that are within the Partnership (ii) the commercial fishing industry; (6) REMOVAL.—If a member of the Board de- scribed in any of subparagraphs (H) through boundary; (iii) marine recreational anglers; (C) a self-governance structure that sup- (iv) freshwater recreational anglers; (N) of subsection (a)(2) misses 3 consecutive regularly scheduled Board meetings, the ports the implementation of strategic prior- (v) habitat conservation organizations; and ities for fish habitat; (vi) science-based fishery organizations; members of the Board may— (A) vote to remove that member; and (D) the ability to develop local and re- (K) 1 shall be a representative of a national gional relationships with a broad range of private landowner organization; (B) appoint another individual in accord- ance with paragraph (4). entities to further strategic priorities for (L) 1 shall be a representative of an agri- fish and fish habitat; cultural production organization; (c) CHAIRPERSON.— (E) a strategic plan that details required (M) 1 shall be a representative of local gov- (1) IN GENERAL.—The representative of the investments for fish habitat conservation ernment interests involved in fish habitat Association of Fish and Wildlife Agencies ap- that addresses the strategic fish habitat pri- restoration; pointed pursuant to subsection (a)(2)(E) shall orities of the Partnership and supports and (N) 2 shall be representatives from dif- serve as Chairperson of the Board. meets the strategic priorities of the Board; ferent sectors of corporate industries, which (2) TERM.—The Chairperson of the Board (F) the ability to develop and implement may include— shall serve for a term of 3 years. fish habitat conservation projects that ad- (i) natural resource commodity interests, (d) MEETINGS.— dress strategic priorities of the Partnership such as petroleum or mineral extraction; (1) IN GENERAL.—The Board shall meet— and the Board; and (ii) natural resource user industries; and (A) at the call of the Chairperson; but (G) the ability to develop fish habitat con- (iii) industries with an interest in fish and servation priorities based on sound science fish habitat conservation; and (B) not less frequently than twice each cal- endar year. and data, the ability to measure the effec- (O) 1 shall be a leadership private sector or tiveness of fish habitat projects of the Part- landowner representative of an active part- (2) PUBLIC ACCESS.—All meetings of the Board shall be open to the public. nership, and a clear plan as to how Partner- nership. ship science and data components will be in- (3) COMPENSATION.—A member of the Board (e) PROCEDURES.— tegrated with the overall Board science and shall serve without compensation. (1) IN GENERAL.—The Board shall establish data effort. (4) TRAVEL EXPENSES.—A member of the procedures to carry out the business of the (d) APPROVAL.—The Board may approve an Board may be allowed travel expenses, in- Board, including— application for a Partnership submitted cluding per diem in lieu of subsistence, at (A) a requirement that a quorum of the under subsection (c) if the Board determines rates authorized for an employee of an agen- members of the Board be present to transact that the applicant— cy under subchapter I of chapter 57 of title 5, business; (1) identifies representatives to provide United States Code, while away from the (B) a requirement that no recommenda- support and technical assistance to the Part- home or regular place of business of the tions may be adopted by the Board, except nership from a diverse group of public and member in the performance of the duties of by the vote of 2⁄3 of all members; private partners, which may include State or the Board. (C) procedures for establishing national local governments, nonprofit entities, Indian (b) APPOINTMENT AND TERMS.— goals and priorities for fish habitat conserva- tribes, and private individuals, that are fo- (1) IN GENERAL.—Except as otherwise pro- tion for the purposes of this title; cused on conservation of fish habitats to vided in this subsection, a member of the (D) procedures for designating Partner- achieve results across jurisdictional bound- Board described in any of subparagraphs (F) ships under section 705; and aries on public and private land; through (N) of subsection (a)(2) shall serve (E) procedures for reviewing, evaluating, (2) is organized to promote the health of for a term of 3 years. and making recommendations regarding fish important fish species and important fish (2) INITIAL BOARD MEMBERSHIP.— habitat conservation projects. habitats, including reservoirs, natural lakes, (A) IN GENERAL.—The initial Board will (2) QUORUM.—A majority of the members of coastal and marine environments, and estu- consist of representatives as described in the Board shall constitute a quorum. aries;

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.039 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S1011 (3) identifies strategic fish and fish habitat local governments, Indian tribes, and private erty being acquired because that is in ac- priorities for the Partnership area in the entities; cordance with the goals of a partnership. form of geographical focus areas or key (C) increases public access to land or water (e) NON-FEDERAL CONTRIBUTIONS.— stressors or impairments to facilitate stra- for fish and wildlife-dependent recreational (1) IN GENERAL.—Except as provided in tegic planning and decisionmaking; opportunities; paragraph (2), no fish habitat conservation (4) is able to address issues and priorities (D) advances the conservation of fish and project may be recommended by the Board on a nationally significant scale; wildlife species that have been identified by under subsection (b) or provided financial as- (5) includes a governance structure that— the States as species of greatest conserva- sistance under this title unless at least 50 (A) reflects the range of all partners; and tion need; percent of the cost of the fish habitat con- (B) promotes joint strategic planning and (E) where appropriate, advances the con- servation project will be funded with non- decisionmaking by the applicant; servation of fish and fish habitats under the Federal funds. (6) demonstrates completion of, or signifi- Magnuson-Stevens Fishery Conservation and (2) NON-FEDERAL SHARE.—The non-Federal cant progress toward the development of, a Management Act (16 U.S.C. 1801 et seq.) and share of the cost of a fish habitat conserva- strategic plan to address the decline in fish other relevant Federal law and State wildlife tion project— populations, rather than simply treating action plans; and (A) may not be derived from another Fed- symptoms, in accordance with the goals and (F) promotes strong and healthy fish habi- eral grant program; but national priorities established by the Board; tats so that desired biological communities (B) may include in-kind contributions and and are able to persist and adapt. cash. (7) promotes collaboration in developing a (6) The substantiality of the character and (3) SPECIAL RULE FOR INDIAN TRIBES.—Not- strategic vision and implementation pro- design of the fish habitat conservation withstanding paragraph (1) or any other pro- gram that is scientifically sound and achiev- project. vision of law, any funds made available to an able. (d) LIMITATIONS.— Indian tribe pursuant to this title may be (1) REQUIREMENTS FOR EVALUATION.—No considered to be non-Federal funds for the SEC. 706. FISH HABITAT CONSERVATION fish habitat conservation project may be rec- PROJECTS. purpose of paragraph (1). ommended by the Board under subsection (b) (f) APPROVAL.— (a) SUBMISSION TO BOARD.—Not later than or provided financial assistance under this (1) IN GENERAL.—Not later than 90 days March 31 of each calendar year, each Part- title unless the fish habitat conservation after the date of receipt of the recommended nership shall submit to the Board a list of project includes an evaluation plan designed priority list of fish habitat conservation priority fish habitat conservation projects using applicable Board guidance— projects under subsection (b), subject to the recommended by the Partnership for annual (A) to appropriately assess the biological, limitations of subsection (d), and based, to funding under this title. ecological, or other results of the habitat the maximum extent practicable, on the cri- (b) RECOMMENDATIONS BY BOARD.—Not protection, restoration, or enhancement ac- teria described in subsection (c), the Sec- later than July 1 of each calendar year, the tivities carried out using the assistance; retary, after consulting with the Secretary Board shall submit to the Secretary a pri- (B) to reflect appropriate changes to the of Commerce on marine or estuarine ority list of fish habitat conservation fish habitat conservation project if the as- projects, shall approve or reject any fish projects that includes the description, in- sessment substantiates that the fish habitat habitat conservation project recommended cluding estimated costs, of each project that conservation project objectives are not being by the Board. the Board recommends that the Secretary met; (2) FUNDING.—If the Secretary approves a approve and fund under this title for the fol- (C) to identify improvements to existing fish habitat conservation project under para- lowing fiscal year. fish populations, recreational fishing oppor- graph (1), the Secretary shall use amounts (c) CRITERIA FOR PROJECT SELECTION.—The tunities and the overall economic benefits made available to carry out this title to pro- Board shall select each fish habitat con- for the local community of the fish habitat vide funds to carry out the fish habitat con- servation project to be recommended to the conservation project; and servation project. Secretary under subsection (b) after taking (D) to require the submission to the Board (3) NOTIFICATION.—If the Secretary rejects into consideration, at a minimum, the fol- of a report describing the findings of the as- any fish habitat conservation project rec- lowing information: sessment. ommended by the Board under subsection (1) A recommendation of the Partnership (2) ACQUISITION AUTHORITIES.— (b), not later than 180 days after the date of that is, or will be, participating actively in (A) IN GENERAL.—A State, local govern- receipt of the recommendation, the Sec- implementing the fish habitat conservation ment, or other non-Federal entity is eligible retary shall provide to the Board, the appro- project. to receive funds for the acquisition of real priate Partnership, and the appropriate con- (2) The capabilities and experience of property from willing sellers under this title gressional committees a written statement project proponents to implement success- if the acquisition ensures 1 of— of the reasons that the Secretary rejected fully the proposed project. (i) public access for compatible fish and the fish habitat conservation project. (3) The extent to which the fish habitat wildlife-dependent recreation; or SEC. 707. TECHNICAL AND SCIENTIFIC ASSIST- conservation project — (ii) a scientifically based, direct enhance- ANCE. (A) fulfills a local or regional priority that ment to the health of fish and fish popu- (a) IN GENERAL.—The Director, the NOAA is directly linked to the strategic plan of the lations, as determined by the Board. Assistant Administrator, the EPA Assistant Partnership and is consistent with the pur- (B) STATE AGENCY APPROVAL.— Administrator, and the Director of the pose of this title; (i) IN GENERAL.—All real property interest United States Geological Survey, in coordi- (B) addresses the national priorities estab- acquisition projects funded under this title nation with the Forest Service and other ap- lished by the Board; are required to be approved by the State propriate Federal departments and agencies, (C) is supported by the findings of the agency in the State in which the project is may provide scientific and technical assist- Habitat Assessment of the Partnership or occurring. ance to the Partnerships, participants in fish the Board, and aligns or is compatible with (ii) PROHIBITION.—The Board may not rec- habitat conservation projects, and the other conservation plans; ommend, and the Secretary may not provide Board. (D) identifies appropriate monitoring and any funding for, any real property interest (b) INCLUSIONS.—Scientific and technical evaluation measures and criteria that are acquisition that has not been approved by assistance provided pursuant to subsection compatible with national measures; the State agency. (a) may include— (E) provides a well-defined budget linked (C) ASSESSMENT OF OTHER AUTHORITIES.— (1) providing technical and scientific as- to deliverables and outcomes; The Fish Habitat Partnership shall conduct sistance to States, Indian tribes, regions, (F) leverages other funds to implement the a project assessment, submitted with the local communities, and nongovernmental or- project; funding request and approved by the Board, ganizations in the development and imple- (G) addresses the causes and processes be- to demonstrate all other Federal, State, and mentation of Partnerships; hind the decline of fish or fish habitats; and local authorities for the acquisition of real (2) providing technical and scientific as- (H) includes an outreach or education com- property have been exhausted. sistance to Partnerships for habitat assess- ponent that includes the local or regional (D) RESTRICTIONS.—A real property inter- ment, strategic planning, and prioritization; community. est may not be acquired pursuant to a fish (3) supporting the development and imple- (4) The availability of sufficient non-Fed- habitat conservation project by a State, mentation of fish habitat conservation eral funds to match Federal contributions local government, or other non-Federal enti- projects that are identified as high priorities for the fish habitat conservation project, as ty, unless— by Partnerships and the Board; required by subsection (e); (i) the owner of the real property author- (4) supporting and providing recommenda- (5) The extent to which the local or re- izes the State, local government, or other tions regarding the development of science- gional fish habitat conservation project— non-Federal entity to acquire the real prop- based monitoring and assessment approaches (A) will increase fish populations in a man- erty; and for implementation through Partnerships; ner that leads to recreational fishing oppor- (ii) the Secretary and the Board determine (5) supporting and providing recommenda- tunities for the public; that the State, local government, or other tions for a national fish habitat assessment; (B) will be carried out through a coopera- non-Federal entity would benefit from un- (6) ensuring the availability of experts to tive agreement among Federal, State, and dertaking the management of the real prop- assist in conducting scientifically based

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evaluation and reporting of the results of thereafter, the Board shall submit to the ap- (3) CLEAN WATER ACT.—Nothing in this title fish habitat conservation projects; and propriate congressional committees a report affects any provision of the Federal Water (7) providing resources to secure state that includes— Pollution Control Act (33 U.S.C. 1251 et seq.), agency scientific and technical assistance to (1) a status of all Partnerships approved including any definition in that Act. support Partnerships, participants in fish under this title; SEC. 712. NONAPPLICABILITY OF FEDERAL ADVI- habitat conservation projects, and the (2) a description of the status of fish habi- SORY COMMITTEE ACT. Board. tats in the United States as identified by es- The Federal Advisory Committee Act (5 SEC. 708. COORDINATION WITH STATES AND IN- tablished Partnerships; and U.S.C. App.) shall not apply to— DIAN TRIBES. (3) enhancements or reductions in public (1) the Board; or The Secretary shall provide a notice to, access as a result of— (2) any Partnership. and cooperate with, the appropriate State (A) the activities of the Partnerships; or SEC. 713. FUNDING. agency or tribal agency, as applicable, of (B) any other activities carried out pursu- (a) AUTHORIZATION OF APPROPRIATIONS.— each State and Indian tribe within the ant to this title. (1) FISH HABITAT CONSERVATION PROJECTS.— boundaries of which an activity is planned to (c) REVISIONS.—Not later than December There is authorized to be appropriated to the be carried out pursuant to this title, includ- 31, 2016, and every 5 years thereafter, the Secretary $7,200,000 for each of fiscal years ing notification, by not later than 30 days Board shall consider revising the goals of the 2016 through 2021 to provide funds for fish before the date on which the activity is im- Board, after consideration of each report re- habitat conservation projects approved plemented. quired by subsection (b). under section 706(f), of which 5 percent shall SEC. 709. INTERAGENCY OPERATIONAL PLAN. SEC. 711. EFFECT OF TITLE. be made available for each fiscal year for Not later than 1 year after the date of en- (a) WATER RIGHTS.—Nothing in this title— projects carried out by Indian tribes. actment of this Act, and every 5 years there- (1) establishes any express or implied re- (2) ADMINISTRATIVE AND PLANNING EX- after, the Director, in cooperation with the served water right in the United States for PENSES.—There is authorized to be appro- NOAA Assistant Administrator, the EPA As- any purpose; priated to the Secretary for each of fiscal sistant Administrator, the Director of the (2) affects any water right in existence on years 2016 through 2021 an amount equal to 5 United States Geological Survey, and the the date of enactment of this Act; percent of the amount appropriated for the heads of other appropriate Federal depart- (3) preempts or affects any State water law applicable fiscal year pursuant to paragraph ments and agencies (including at a min- or interstate compact governing water; or (1)— imum, those agencies represented on the (4) affects any Federal or State law in ex- (A) for administrative and planning ex- Board) shall develop an interagency oper- istence on the date of enactment of the Act penses; and ational plan that describes— regarding water quality or water quantity. (B) to carry out section 210. (1) the functional, operational, technical, (b) AUTHORITY TO ACQUIRE WATER RIGHTS (3) TECHNICAL AND SCIENTIFIC ASSISTANCE.— scientific, and general staff, administrative, OR RIGHTS TO PROPERTY.—Under this title, There is authorized to be appropriated for and material needs for the implementation only a State, local government, or other each of fiscal years 2016 through 2021 to carry of this title; and non-Federal entity may acquire, under State out, and provide technical and scientific as- (2) any interagency agreements between or law, water rights or rights to property. sistance under, section 707— among Federal departments and agencies to (c) STATE AUTHORITY.—Nothing in this (A) $500,000 to the Secretary for use by the address those needs. title— United States Fish and Wildlife Service; SEC. 710. ACCOUNTABILITY AND REPORTING. (1) affects the authority, jurisdiction, or (B) $500,000 to the NOAA Assistant Admin- (a) REPORTING.— responsibility of a State to manage, control, istrator for use by the National Oceanic and (1) IN GENERAL.—Not later than 5 years or regulate fish and wildlife under the laws Atmospheric Administration; after the date of enactment of this Act, and and regulations of the State; or (C) $500,000 to the EPA Assistant Adminis- every 5 years thereafter, the Board shall sub- (2) authorizes the Secretary to control or trator for use by the Environmental Protec- mit to the appropriate congressional com- regulate within a State the fishing or hunt- tion Agency; and mittees a report describing the progress of ing of fish and wildlife. (D) $500,000 to the Secretary for use by the this title. (d) EFFECT ON INDIAN TRIBES.—Nothing in United States Geological Survey. (2) CONTENTS.—Each report submitted this title abrogates, abridges, affects, modi- (b) AGREEMENTS AND GRANTS.—The Sec- under paragraph (1) shall include— fies, supersedes, or alters any right of an In- retary may— (A) an estimate of the number of acres, dian tribe recognized by treaty or any other (1) on the recommendation of the Board, stream miles, or acre-feet, or other suitable means, including— and notwithstanding sections 6304 and 6305 of measures of fish habitat, that was main- (1) an agreement between the Indian tribe title 31, United States Code, and the Federal tained or improved by partnerships of Fed- and the United States; Financial Assistance Management Improve- eral, State, or local governments, Indian (2) Federal law (including regulations); ment Act of 1999 (31 U.S.C. 6101 note; Public tribes, or other entities in the United States (3) an Executive order; or Law 106–107), enter into a grant agreement, during the 5-year period ending on the date (4) a judicial decree. cooperative agreement, or contract with a of submission of the report; (e) ADJUDICATION OF WATER RIGHTS.—Noth- Partnership or other entity for a fish habitat (B) a description of the public access to ing in this title diminishes or affects the conservation project or restoration or en- fish habitats established or improved during ability of the Secretary to join an adjudica- hancement project; that 5-year period; tion of rights to the use of water pursuant to (2) apply for, accept, and use a grant from (C) a description of the improved opportu- subsection (a), (b), or (c) of section 208 of the any individual or entity to carry out the nities for public recreational fishing; and Department of Justice Appropriation Act, purposes of this title; and (D) an assessment of the status of fish 1953 (43 U.S.C. 666). (3) make funds available to any Federal de- habitat conservation projects carried out (f) DEPARTMENT OF COMMERCE AUTHOR- partment or agency for use by that depart- with funds provided under this title during ITY.—Nothing in this title affects the author- ment or agency to provide grants for any that period, disaggregated by year, includ- ity, jurisdiction, or responsibility of the De- fish habitat protection project, restoration ing— partment of Commerce to manage, control, project, or enhancement project that the (i) a description of the fish habitat con- or regulate fish or fish habitats under the Secretary determines to be consistent with servation projects recommended by the Magnuson-Stevens Fishery Conservation and this title. Board under section 706(b); Management Act (16 U.S.C. 1801 et seq.). (c) DONATIONS.— (ii) a description of each fish habitat con- (g) EFFECT ON OTHER AUTHORITIES.— (1) IN GENERAL.—The Secretary may— servation project approved by the Secretary (1) PRIVATE PROPERTY PROTECTION.—Noth- (A) enter into an agreement with any orga- under section 706(f), in order of priority for ing in this title permits the use of funds nization described in section 501(c)(3) of the funding; made available to carry out this title to ac- Internal Revenue Code of 1986 that is exempt (iii) a justification for— quire real property or a real property inter- from taxation under section 501(a) of that (I) the approval of each fish habitat con- est without the written consent of each Code to solicit private donations to carry servation project; and owner of the real property or real property out the purposes of this title; and (II) the order of priority for funding of each interest. (B) accept donations of funds, property, fish habitat conservation project; (2) MITIGATION.—Nothing in this title per- and services to carry out the purposes of this (iv) a justification for any rejection of a mits the use of funds made available to carry title. fish habitat conservation project rec- out this title for fish and wildlife mitigation (2) TREATMENT.—A donation accepted ommended by the Board under section 706(b) purposes under— under this section— that was based on a factor other than the (A) the Federal Water Pollution Control (A) shall be considered to be a gift or be- criteria described in section 706(c); and Act (33 U.S.C. 1251 et seq.); quest to, or otherwise for the use of, the (v) an accounting of expenditures by Fed- (B) the Fish and Wildlife Coordination Act United States; and eral, State, or local governments, Indian (16 U.S.C. 661 et seq.); (B) may be— tribes, or other entities to carry out fish (C) the Water Resources Development Act (i) used directly by the Secretary; or habitat conservation projects. of 1986 (Public Law 99–662; 100 Stat. 4082); or (ii) provided to another Federal depart- (b) STATUS AND TRENDS REPORT.—Not later (D) any other Federal law or court settle- ment or agency through an interagency than December 31, 2016, and every 5 years ment. agreement.

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.039 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S1013 SA 3322. Mr. BROWN (for himself and amended by inserting after the item relating (1) SECURED LOANS.— Mr. ALEXANDER) submitted an amend- to chapter 3083 the following: (A) IN GENERAL.—Using funds provided ment intended to be proposed to ‘‘3084. U.S. Civil Rights Network.’’. under subsection (e)(2)(A), the Administrator amendment SA 2953 proposed by Ms. may make a secured loan under the Water SA 3323. Ms. STABENOW (for herself, Infrastructure Finance and Innovation Act MURKOWSKI to the bill S. 2012, to pro- of 2014 (33 U.S.C. 3901 et seq.) to— vide for the modernization of the en- Mr. INHOFE, Mr. PETERS, Mr. PORTMAN, (i) an eligible State to carry out a project ergy policy of the United States, and Mr. BROWN, Mr. KIRK, Mr. REED, Mr. eligible under paragraphs (2) through (9) of for other purposes; which was ordered BURR, Mr. DURBIN, Mrs. BOXER, and Ms. section 5026 of that Act (33 U.S.C. 3905) to ad- to lie on the table; as follows: MIKULSKI) submitted an amendment in- dress lead or other contaminants in drinking water in an eligible system, including repair At the end of title V, add the following: tended to be proposed by her to the bill H.R. 4470, to amend the Safe Drinking and replacement of public and private drink- SEC. 5lll. U.S. CIVIL RIGHTS NETWORK PRO- ing water infrastructure; and GRAM. Water Act with respect to the require- ments related to lead in drinking (ii) any eligible entity under section 5025 of (a) IN GENERAL.—Subdivision 1 of Division that Act (33 U.S.C. 3904) for a project eligible B of subtitle III of title 54, United States water, and for other purposes; which under paragraphs (2) through (9) of section Code, is amended by inserting after chapter was ordered to lie on the table; as fol- 5026 of that Act (33 U.S.C. 3905). 3083 the following: lows: (B) AMOUNT.—Notwithstanding section ‘‘CHAPTER 3084—U.S. CIVIL RIGHTS Strike out all after the enacting clause, 5029(b)(2) of the Water Infrastructure Fi- NETWORK and insert the following: nance and Innovation Act of 2014 (33 U.S.C. ‘‘§ 308401. Definition of Network TITLE lll—PREVENTION OF AND 3908(b)(2)), the amount of a secured loan pro- vided under subparagraph (A)(i) may be ‘‘In this chapter, the term ‘Network’ PROTECTION FROM LEAD EXPOSURE equal to not more than 80 percent of the rea- means the U.S. Civil Rights Network estab- SEC. ll01. DRINKING WATER INFRASTRUCTURE. sonably anticipated costs of the projects. lished under section 308402(a). (a) DEFINITIONS.—In this section: (2) FEDERAL INVOLVEMENT.—Notwith- ‘‘§ 308402. U.S. Civil Rights Network (1) ADMINISTRATOR.—The term ‘‘Adminis- standing section 5029(b)(9) of the Water Infra- trator’’ means the Administrator of the En- ‘‘(a) IN GENERAL.—The Secretary shall es- structure Finance and Innovation Act of 2014 tablish, within the Service, a program to be vironmental Protection Agency. (33 U.S.C. 3908(b)(9)), any costs for a project known as the ‘U.S. Civil Rights Network’. (2) ELIGIBLE STATE.—The term ‘‘eligible to address lead or other contaminants in State’’ means a State for which the Presi- ‘‘(b) DUTIES OF SECRETARY.—In carrying drinking water in an eligible system that are out the Network, the Secretary shall— dent has declared an emergency under the not covered by a secured loan under para- ‘‘(1) review studies and reports to com- Robert T. Stafford Disaster Relief and Emer- graph (1) may be covered using amounts in plement and not duplicate studies of the his- gency Assistance Act (42 U.S.C. 5121 et seq.) the State revolving loan fund under section torical importance of the African American relating to the public health threats associ- 1452 of the Safe Drinking Water Act (42 civil rights movement that may be underway ated with the presence of lead or other con- U.S.C. 300j–12). or completed, such as the Civil Rights taminants in a public drinking water supply (d) NONDUPLICATION OF WORK.—An activity Framework Study; system. carried out pursuant to this section shall not ‘‘(2) produce and disseminate appropriate (3) ELIGIBLE SYSTEM.—The term ‘‘eligible duplicate the work or activity of any other educational materials relating to the Afri- system’’ means a public drinking water sup- Federal or State department or agency. (e) FUNDING.— can American civil rights movement, such as ply system that is the subject of an emer- (1) ADDITIONAL DRINKING WATER STATE RE- handbooks, maps, interpretive guides, or gency declaration referred to in paragraph VOLVING FUND CAPITALIZATION GRANTS.— electronic information; (2). (b) STATE REVOLVING LOAN FUND ASSIST- (A) IN GENERAL.—The Secretary of the ‘‘(3) enter into appropriate cooperative ANCE.— Treasury shall make available to the Admin- agreements and memoranda of under- (1) IN GENERAL.—An eligible system shall istrator a total of $100,000,000 to provide ad- standing to provide technical assistance be— ditional grants to eligible States pursuant to under subsection (c); and (A) considered to be a disadvantaged com- section 1452 of the Safe Drinking Water Act ‘‘(4)(A) create and adopt an official, uni- munity under section 1452(d) of the Safe (42 U.S.C. 300j–12), to be available during the form symbol or device for the Network; and Drinking Water Act (42 U.S.C. 300j–12(d)); and period of fiscal years 2016 and 2017 for the ‘‘(B) issue regulations for the use of the (B) eligible to receive loans with additional purposes described in subsection (b)(2). symbol or device adopted under subpara- subsidization under that Act (42 U.S.C. 300f (B) SUPPLEMENTED INTENDED USE PLANS.— graph (A). et seq.), including forgiveness of principal From funds made available under subpara- ‘‘(c) ELEMENTS.—The Network shall encom- under section 1452(d)(1) of that Act (42 U.S.C. graph (A), the Administrator shall obligate pass the following elements: 300j–12(d)(1)). to an eligible State such amounts as are nec- ‘‘(1) All units and programs of the Service (2) AUTHORIZATION.— essary to meet the needs identified in a sup- that are determined by the Secretary to re- (A) IN GENERAL.—Using funds provided plemented intended use plan by not later late to the African American civil rights under subsection (e)(1)(A), an eligible State than 30 days after the date on which the eli- movement during the period from 1939 may provide assistance to an eligible system gible State submits to the Administrator a through 1968. within the eligible State, for the purpose of supplemented intended use plan under sec- ‘‘(2) Other Federal, State, local, and pri- addressing lead or other contaminants in tion 1452(b) of the Safe Drinking Water Act vately owned properties that— drinking water, including repair and replace- (42 U.S.C. 300j–12(b)) that includes ‘‘(A) relate to the African American civil ment of public and private drinking water preapplication information regarding rights movement; infrastructure. projects to be funded using the additional as- ‘‘(B) have a verifiable connection to the Af- (B) INCLUSION.—Assistance provided under sistance, including, with respect to each rican American civil rights movement; and subparagraph (A) may include additional such project— ‘‘(C) are included in, or determined by the subsidization under the Safe Drinking Water (i) a description of the project; Secretary to be eligible for inclusion in, the Act (42 U.S.C. 300f et seq.), as described in (ii) an explanation of the means by which National Register of Historic Places. paragraph (1)(B). the project will address a situation causing a ‘‘(3) Other governmental and nongovern- (C) EXCLUSION.—Assistance provided under declared emergency in the eligible State; mental facilities and programs of an edu- subparagraph (A) shall not include assist- (iii) the estimated cost of the project; and cational, research, or interpretive nature ance for a project that is financed (directly (iv) the projected start date for construc- that are directly related to the African or indirectly), in whole or in part, with pro- tion of the project. American civil rights movement. ceeds of any obligation issued after the date (C) UNOBLIGATED AMOUNTS.—Any amounts ‘‘§ 308403. Cooperative agreements and memo- of enactment of this Act— made available to the Administrator under randa of understanding (i) the interest of which is exempt from the subparagraph (A) that are unobligated on the ‘‘To achieve the purposes of this chapter tax imposed under chapter 1 of the Internal date that is 18 months after the date on and to ensure effective coordination of the Revenue Code of 1986; or which the amounts are made available shall Federal and non-Federal elements of the (ii) with respect to which credit is allow- be available to provide additional grants to Network described in section 308402(c) with able under subpart I or J of part IV of sub- States to capitalize State loan funds as pro- System units and programs of the Service, chapter A of chapter 1 of such Code. vided under section 1452 of the Safe Drinking the Secretary may enter into cooperative (3) LIMITATION.—Section 1452(d)(2) of the Water Act (42 U.S.C. 300j–12). agreements and memoranda of under- Safe Drinking Water Act (42 U.S.C. 300j– (D) APPLICABILITY.—Section 1452(b)(1) of standing with, and provide technical assist- 12(d)(2)) shall not apply to— the Safe Drinking Water Act (42 U.S.C. 300j– ance to the heads of other Federal agencies, (A) any funds provided under subsection 12(b)(1)) shall not apply to a supplement to States, units of local government, regional (e)(1)(A); or an intended use plan under subparagraph (B). governmental bodies, and private entities.’’. (B) any other loan provided to an eligible (2) WIFIA FUNDING.— (b) CLERICAL AMENDMENT.—The table of system. (A) IN GENERAL.—As soon as practicable chapters for title 54, United States Code, is (c) WATER INFRASTRUCTURE FINANCING.— after the date of enactment of this Act, the

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.040 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S1014 CONGRESSIONAL RECORD — SENATE February 24, 2016 Secretary of the Treasury shall make avail- shall specify notification procedures for an (ii) a toxicologist; able to the Administrator $70,000,000 to pro- exceedance of a lead action level or any (iii) a mental health professional; vide credit subsidies, in consultation with other prescribed level of lead in a regulation (iv) a pediatrician; the Director of the Office of Management issued under section 1412.’’; (v) an early childhood education expert; and Budget, for secured loans under sub- (3) by redesignating paragraphs (3) and (4) (vi) a special education expert; section (c)(1)(A) with a goal of providing se- as paragraphs (4) and (5), respectively; and (vii) a dietician; and cured loans totaling at least $700,000,000. (4) by inserting after paragraph (2) the fol- (viii) an environmental health expert. (B) USE.—Secured loans provided pursuant lowing: (B) REQUIREMENTS.—Membership in the to subparagraph (A) shall be available to ‘‘(3) NOTIFICATION OF THE PUBLIC RELATING Committee shall not exceed 15 members and carry out activities described in subsection TO LEAD.— not less than 1⁄2 of the members shall be Fed- (c)(1)(A). ‘‘(A) EXCEEDANCE OF LEAD ACTION LEVEL.— eral members. (3) APPLICABILITY.—Unless explicitly Not later than 15 days after the date of being (2) CHAIR.—The Secretary shall designate a waived, all requirements under the Safe notified by the primary agency of an exceed- chair from among the Federal members ap- Drinking Water Act (42 U.S.C. 300f et seq.) ance of a lead action level or any other pre- pointed to the Committee. and the Water Infrastructure Finance and scribed level of lead in a regulation issued (3) TERMS.—Members of the Committee Innovation Act of 2014 (33 U.S.C. 3901 et seq.) under section 1412, including the concentra- shall serve for a term of not more than 3 shall apply to funding provided under this tions of lead found in a monitoring activity years and the Secretary may reappoint mem- subsection. or any other level of lead determined by the bers for consecutive terms. (f) HEALTH EFFECTS EVALUATION.— Administrator to warrant notice, either on a (4) APPLICATION OF FACA.—The Committee (1) IN GENERAL.—Pursuant to section case-specific or more general basis, the Ad- shall be subject to the Federal Advisory 104(i)(1)(E) of the Comprehensive Environ- ministrator shall notify the public of the Committee Act (5 U.S.C. App.). mental Response, Compensation, and Liabil- concentrations of lead found in the moni- (5) RESPONSIBILITIES.—The Committee ity Act (42 U.S.C. 9604(i)(1)(E)), and on re- toring activity conducted by the public shall, at a minimum— ceipt of a request of an appropriate State or water system if the public water system or (A) review the Federal programs and serv- local health official of an eligible State, the the State does not notify the public of the ices available to individuals and commu- Director of the Agency for Toxic Substances concentrations of lead found in a monitoring nities exposed to lead; and Disease Registry of the National Center activity. (B) review current research on lead poi- for Environmental Health shall in coordina- ‘‘(B) RESULTS OF LEAD MONITORING.— soning to identify additional research needs; tion with other agencies, as appropriate, ‘‘(i) IN GENERAL.—The Administrator may (C) review and identify best practices, or conduct voluntary surveillance activities to provide notice of any result of lead moni- the need for best practices, regarding lead evaluate any adverse health effects on indi- toring conducted by a public water system screening and the prevention of lead poi- viduals exposed to lead from drinking water to— soning; in the affected communities. ‘‘(I) any person that is served by the public (D) identify effective services, including (2) CONSULTATIONS.—Pursuant to section water system; or services relating to healthcare, education, 104(i)(4) of the Comprehensive Environ- ‘‘(II) the local or State health department mental Response, Compensation, and Liabil- of a locality or State in which the public and nutrition for individuals and commu- ity Act (42 U.S.C. 9604(i)(4)), and on receipt of water system is located. nities affected by lead exposure and lead poi- soning, including in consultation with, as ap- a request of an appropriate State or local ‘‘(ii) FORM OF NOTICE.—The Administrator health official of an eligible State, the Direc- may provide the notice described in clause propriate, the lead exposure registry as es- tor of the Agency for Toxic Substances and (i) by— tablished in subsection (b); and Disease Registry of the National Center for ‘‘(I) press release; or (E) undertake any other review or activi- Environmental Health shall provide con- ‘‘(II) other form of communication, includ- ties that the Secretary determines to be ap- sultations regarding health issues described ing local media. propriate. in paragraph (1). ‘‘(C) PRIVACY.—Notice to the public shall (6) REPORT.—Annually for 5 years and SEC. ll02. LOAN FORGIVENESS. protect the privacy of individual customer thereafter as determined necessary by the The matter under the heading ‘‘STATE AND information.’’. Secretary or as required by Congress, the TRIBAL ASSISTANCE GRANTS’’ under the head- (b) CONFORMING AMENDMENTS.—Section Committee shall submit to the Secretary, ing ‘‘ENVIRONMENTAL PROTECTION 1414 (c) of the Safe Drinking Water Act (42 the Committees on Finance, Health, Edu- AGENCY’’ in title II of division G of the Con- U.S.C. 300g–3(c)) is amended— cation, Labor, and Pensions, and Agri- solidated Appropriations Act, 2016 (Public (1) in paragraph (1)(C), by striking ‘‘para- culture, Nutrition, and Forestry of the Sen- Law 114–113), is amended in paragraph (1), by graph (2)(E)’’ and inserting ‘‘paragraph ate and the Committees on Education and striking the semicolon at the end and insert- (2)(F)’’; the Workforce, Energy and Commerce, and ing the following: ‘‘or, if a Federal or State (2) in paragraph (2)(B)(i)(II), by striking Agriculture of the House of Representatives emergency declaration has been issued due ‘‘subparagraph (D)’’ and inserting ‘‘subpara- a report that includes— to a threat to public health from heightened graph (E)’’; and (A) an evaluation of the effectiveness of exposure to lead in a municipal drinking (3) in paragraph (3)(B), in the first sen- the Federal programs and services available water supply, before the date of enactment tence, by striking ‘‘(D)’’ and inserting ‘‘(E)’’. to individuals and communities exposed to of this Act: Provided further, That in a State SEC. ll04. REGISTRY FOR LEAD EXPOSURE AND lead; in which such an emergency declaration has ADVISORY COMMITTEE. (B) an evaluation of additional lead poi- been issued, the State may use more than 20 (a) DEFINITIONS.—In this section: soning research needs; percent of the funds made available under (1) CITY.—The term ‘‘City’’ means a city (C) an assessment of any effective screen- this title to the State for Drinking Water exposed to lead contamination in the local ing methods or best practices used or devel- State Revolving Fund capitalization grants drinking water system. oped to prevent or screen for lead poisoning; to provide additional subsidy to eligible re- (2) COMMITTEE.—The term ‘‘Committee’’ (D) input and recommendations for im- cipients;’’. means the Advisory Committee established proved access to effective services relating SEC. ll03. DISCLOSURE OF PUBLIC HEALTH under subsection (c). to healthcare, education, or nutrition for in- THREATS FROM LEAD EXPOSURE. (3) SECRETARY.—The term ‘‘Secretary’’ dividuals and communities impacted by lead (a) EXCEEDANCE OF LEAD ACTION LEVEL.— means the Secretary of Health and Human exposure; and Section 1414(c) of the Safe Drinking Water Services. (E) any other recommendations for com- Act (42 U.S.C. 300g–3(c)) is amended— (b) LEAD EXPOSURE REGISTRY.—The Sec- (1) in paragraph (1), by adding at the end munities affected by lead exposure, as appro- retary shall establish within the Agency for priate. the following: Toxic Substances and Disease Registry or ‘‘(D) Notice of any exceedance of a lead ac- another relevant agency at the discretion of (d) MANDATORY FUNDING.— tion level or any other prescribed level of the Secretary, or establish through a grant (1) IN GENERAL.—On the date of enactment lead in a regulation issued under section award or contract, a lead exposure registry of this Act, out of any funds in the Treasury 1412, including the concentrations of lead to collect data on the lead exposure of resi- not otherwise appropriated, the Secretary of found in a monitoring activity or any other dents of a City on a voluntary basis. the Treasury shall transfer to the Secretary, level of lead determined by the Adminis- (c) ADVISORY COMMITTEE.— to be available during the period of fiscal trator to warrant notice, either on a case- (1) MEMBERSHIP.— years 2016 through 2020— specific or more general basis.’’; (A) IN GENERAL.—The Secretary shall es- (A) $17,500,000 to carry out subsection (b); (2) in paragraph (2)— tablish an Advisory Committee in coordina- and (A) by redesignating subparagraphs (D) and tion with the Director of the Centers for Dis- (B) $2,500,000 to carry out subsection (c). (E) as subparagraphs (E) and (F), respec- ease Control and Prevention and other rel- (2) RECEIPT AND ACCEPTANCE.—The Sec- tively; and evant agencies as determined by the Sec- retary shall be entitled to receive, shall ac- (B) by inserting after subparagraph (C) the retary consisting of Federal members and cept, and shall use to carry out subsections following: non-Federal members, and which shall in- (b) and (c) the funds transferred under sub- ‘‘(D) EXCEEDANCE OF LEAD ACTION LEVEL.— clude— paragraphs (A) and (B) of paragraph (1), re- Regulations issued under subparagraph (A) (i) an epidemiologist; spectively, without further appropriation.

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.041 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S1015 SEC. ll05. ADDITIONAL FUNDING FOR CERTAIN State and City to manage the drinking water Committee on Aging be authorized to CHILDHOOD HEALTH PROGRAMS. system; and meet during the session of the Senate (a) CHILDHOOD LEAD POISONING PREVENTION (2) the adequacy of the response by Region PROGRAM.— on February 24, 2016, at 2:30 p.m., in 5 of the Environmental Protection Agency to room SD–562 of the Dirksen Senate Of- (1) IN GENERAL.—On the date of enactment the drinking water crisis in Flint, Michigan, of this Act, out of any funds in the Treasury including the timeliness and transparency of fice Building, to conduct a hearing en- not otherwise appropriated, the Secretary of the response. titled ‘‘Opioid Use Among Seniors: the Treasury shall transfer to the Director of (c) CONTENTS OF REPORT.—Not later than 1 Issues and Emerging Trends.’’ the Centers for Disease Control and Preven- year after commencing each review under The PRESIDING OFFICER. Without tion, to be available during the period of fis- subsection (b), the Comptroller General of objection, it is so ordered. cal years 2017 and 2018, $10,000,000 for the the United States shall submit to Congress a SUBCOMMITTEE ON EMERGING THREATS AND childhood lead poisoning prevention program report that includes— CAPABILITIES authorized under section 317A of the Public (1) a statement of the principal findings of Health Service Act (42 U.S.C. 247b-1). the review; and Mr. CORNYN. Mr. President, I ask (2) RECEIPT AND ACCEPTANCE.—The Director (2) recommendations for Congress and the unanimous consent that the Sub- of the Centers for Disease Control and Pre- President to take any actions to prevent a committee on Emerging Threats and vention shall be entitled to receive, shall ac- similar situation in the future and to protect Capabilities of the Committee on cept, and shall use to carry out the child- public health. Armed Services be authorized to meet hood lead poisoning prevention program au- SEC. ll07. OFFSET. during the session of the Senate on thorized under section 317A of the Public None of the funds available to the Sec- February 24, 2016, at 2:30 p.m. Health Service Act (42 U.S.C. 247b-1) the retary of Energy to provide any credit sub- funds transferred under paragraph (1), with- The PRESIDING OFFICER. Without sidy under subsection (d) of section 136 of the objection, it is so ordered. out further appropriation. Energy Independence and Security Act of (b) HEALTHY HOMES PROGRAM.— 2007 (42 U.S.C. 17013) as of the date of enact- SUBCOMMITTEE ON REGULATORY AFFAIRS AND (1) IN GENERAL.—On the date of enactment ment of this Act shall be obligated for new FEDERAL MANAGEMENT of this Act, out of any funds in the Treasury loan commitments under that subsection on Mr. CORNYN. Mr. President, I ask not otherwise appropriated, the Secretary of or after October 1, 2020. unanimous consent that the Sub- the Treasury shall transfer to the Secretary of Housing and Urban Development, to be f committee on Regulatory Affairs and available during the period of fiscal years AUTHORITY FOR COMMITTEES TO Federal Management of the Committee 2017 and 2018, $10,000,000 to carry out the MEET on Homeland Security and Govern- Healthy Homes Initiative of the Department mental Affairs be authorized to meet of Housing and Urban Development. COMMITTEE ON ENVIRONMENT AND PUBLIC during the session of the Senate on (2) RECEIPT AND ACCEPTANCE.—The Sec- WORKS February 24, 2016, at 10:30 a.m., to con- retary of Housing and Urban Development Mr. CORNYN. Mr. President, I ask duct a hearing entitled ‘‘The Unfunded shall be entitled to receive, shall accept, and unanimous consent that the Com- Mandates Reform Act: Opportunities shall use to carry out the Healthy Homes mittee on Environment and Public for Improvement to Support State and Initiative of the Department of Housing and Works be authorized to meet during Urban Development the funds transferred Local Governments.’’ the session of the Senate on February The PRESIDING OFFICER. Without under paragraph (1), without further appro- 24, 2016, at 10 a.m., in room SD–406 of priation. objection, it is so ordered. the Dirksen Senate Office Building, to (c) HEALTHY START PROGRAM.— f (1) IN GENERAL.—On the date of enactment conduct a hearing entitled ‘‘Oversight of this Act, out of any funds in the Treasury of the Renewable Fuel Standard.’’ PRIVILEGES OF THE FLOOR not otherwise appropriated, the Secretary of The PRESIDING OFFICER. Without Ms. HIRONO. Mr. President, I ask the Treasury shall transfer to the Adminis- objection, it is so ordered. unanimous consent that the privileges trator of the Health Resources and Services COMMITTEE ON FOREIGN RELATIONS of the floor be granted to Manisha Administration, to be available during the Mr. CORNYN. Mr. President, I ask period of fiscal years 2017 and 2018, $10,000,000 Gupta, a fellow on my staff for the re- to carry out the Healthy Start Initiative unanimous consent that the Com- mainder of the 114th Congress. under section 330H of the Public Health Serv- mittee on Foreign Relations be author- The PRESIDING OFFICER. Without ice Act (42 U.S.C. 254c-8). ized to meet during the session of the objection, it is so ordered. (2) RECEIPT AND ACCEPTANCE.—The Admin- Senate on February 24, 2016, at 10 a.m., Mr. MERKLEY. Mr. President, I ask istrator of the Health Resources and Serv- to conduct a hearing entitled ‘‘Ending unanimous consent that my intern, ices Administration shall be entitled to re- Modern Slavery: Now is the Time.’’ Bayley Sandy, be granted privileges of ceive, shall accept, and shall use to carry out The PRESIDING OFFICER. Without the floor for the remainder of the day. the Healthy Start Initiative under section objection, it is so ordered. 330H of the Public Health Service Act (42 The PRESIDING OFFICER. Without COMMITTEE ON HEALTH, EDUCATION, LABOR, U.S.C. 254c-8) the funds transferred under objection, it is so ordered. AND PENSIONS paragraph (1), without further appropriation. f ll Mr. CORNYN. Mr. President, I ask SEC. 06. REVIEW AND REPORT. UNANIMOUS CONSENT (a) IN GENERAL.—Not later than 1 year unanimous consent that the Com- after the date of enactment of this Act, the mittee on Health, Education, Labor, AGREEMENT—S. RES. 374 Attorney General and the Inspector General and Pensions be authorized to meet Mr. MCCONNELL. Mr. President, I of the Environmental Protection Agency during the session of the Senate on ask unanimous consent that at 1:45 shall submit to the Committees on Appro- February 24, 2016, at 10 a.m., in room p.m. tomorrow, Thursday, February 25, priations, Environment and Public Works, SD–430 of the Dirksen Senate Office and Homeland Security and Governmental the Senate proceed to consideration of Affairs of the Senate and the Committees on Building to conduct a hearing entitled S. Res. 374, which is at the desk, and I Appropriations, Energy and Commerce, ‘‘Zika Virus: Addressing the Growing ask that it be held, and that the Senate Transportation and Infrastructure, and Over- Public Health Threat.’’ then vote on the resolution, and that if sight and Government Reform of the House The PRESIDING OFFICER. Without the resolution is agreed to, the pre- of Representatives a report on the status of objection, it is so ordered. amble be agreed to, and the motions to any ongoing investigations into the Federal COMMITTEE ON VETERANS’ AFFAIRS reconsider be considered made and laid and State response to the contamination of Mr. CORNYN. Mr. President, I ask the drinking water supply of the City of upon the table with no intervening ac- Flint, Michigan. unanimous consent that the Com- tion or debate. (b) REVIEW.—Not later than 30 days after mittee on Veterans’ Affairs be author- The PRESIDING OFFICER. Without the completion of the investigations de- ized to meet during the session of the objection, it is so ordered. scribed in subsection (a), the Comptroller Senate on February 24, 2016, at 10 a.m., f General of the United States shall commence in room SH–216 of the Hart Senate Of- a review of issues that are not addressed by fice Building. ORDER FOR PRINTING OF the investigations and relating to— The PRESIDING OFFICER. Without TRIBUTES (1) the adequacy of the response by the objection, it is so ordered. State of Michigan and the City of Flint to Mr. MCCONNELL. Mr. President, I the drinking water crisis in Flint, Michigan, SPECIAL COMMITTEE ON AGING ask unanimous consent that Senators including the timeliness and transparency of Mr. CORNYN. Mr. President, I ask be permitted to submit tributes to Jus- the response, as well as the capacity of the unanimous consent that the Special tice Scalia for the RECORD until March

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HONORING JUSTICE MARSHA Sheriff (Detective Sgt.—1975, Captain—1981, Modern engineering has solved many of the SLOUGH and Major/Chief Deputy—1989). In 1975, major challenges we face in the modern world. Major Copeland, was the first K–9 handler, his From designing efficient building systems to HON. PETE AGUILAR partner was ‘‘Smokey’’, for the Franklin County rebuilding towns devastated by natural disas- OF CALIFORNIA Sheriff’s Office. ters, the efforts of our engineers contribute to Major Copeland is a member of the St. our nation’s well-being and quality of life. It is IN THE HOUSE OF REPRESENTATIVES Louis Major Case Investigations Squad and a great privilege to recognize these honorable Wednesday, February 24, 2016 was the Lead Investigator starting in 1975 to men and women, who are committed to using Mr. AGUILAR. Mr. Speaker, today I rise to 1983. He also served as a Death Investigator their scientific skills and specialized knowledge recognize Justice Marsha Slough, who earlier with the St. Louis County Medical Examiner’s to create and innovate in order to fulfill soci- this week was sworn in to serve on the Fourth Office from 1993 to 2015. Major Copeland led ety’s growing needs. District Court of Appeal. Prior to this landmark the Missouri Deputy Sheriff’s Association as f achievement, Justice Slough served as Pre- its President starting in 2000 until 2002. Start- OUR UNCONSCIONABLE NATIONAL siding Judge and Court of Appeal Justice Ap- ing in 1975, he was the Coordinator for the DEBT pointee of the San Bernardino County Supe- Franklin County Law Enforcement Training rior Court. I speak with the utmost confidence Center and completed that position in 1983. that Justice Slough will continue to serve the During the years 1988 thru 1999, Major HON. MIKE COFFMAN people of the Inland Empire proudly in her un- Copeland was the leader of the Franklin OF COLORADO wavering commitment to carrying out justice in County ‘‘Emergency Response Team″. In ad- IN THE HOUSE OF REPRESENTATIVES our community. dition to the numerous positions he has held— Wednesday, February 24, 2016 since 1971, Major Copeland has worked on A graduate of Ottawa University and Whit- Mr. COFFMAN. Mr. Speaker, on January every major case and homicide case in Frank- tier Law School, and a seasoned attorney in 20, 2009, the day President Obama took of- lin County. the Inland Empire, Justice Slough has devoted fice, the national debt was With this retirement, Major Michael F. her life and career to our community and resi- $10,626,877,048,913.08. dents for decades. Justice Slough is a resi- Copeland can now spend more time with his Today, it is $19,053,381,143,534.21. We’ve dent of Redlands and has honorably served family which includes: his wife Laura, son Jon, added $8,426,504,094,621.13 to our debt in 7 the people of San Bernardino County on the and his daughter Tamara. years. This is over $8 trillion in debt our na- County Superior Court since 2003 when she I ask you to join me in recognizing Major Mi- tion, our economy, and our children could was appointed by Governor Gray Davis before chael F. Copeland on his retirement of 49 have avoided with a balanced budget amend- becoming Presiding Judge of the San years of service to his community. ment. Bernardino County Superior Court in 2012. f f As a fellow public servant and as her rep- resentative in Congress, I commend Justice IN RECOGNITION OF THE AMER- RECOGNIZING SHERIFF GARY F. Slough on her latest achievement and am ICAN SOCIETY OF HEATING, RE- TOELKE OF THE FRANKLIN grateful to see someone of her integrity and FRIGERATING, AND AIR-CONDI- COUNTY SHERIFF’S OFFICE FOR leadership attain such a prestigious position in TIONING AND NATIONAL ENGI- 41 YEARS OF DEDICATED SERV- our community. NEERS WEEK ICE f HON. MATT CARTWRIGHT HON. BLAINE LUETKEMEYER RECOGNIZING MAJOR MICHAEL F. OF PENNSYLVANIA COPELAND OF THE FRANKLIN OF MISSOURI IN THE HOUSE OF REPRESENTATIVES COUNTY SHERIFF’S OFFICE FOR IN THE HOUSE OF REPRESENTATIVES 49 YEARS OF DEDICATED SERV- Wednesday, February 24, 2016 Wednesday, February 24, 2016 ICE Mr. CARTWRIGHT. Mr. Speaker, I rise Mr. LUETKEMEYER. Mr. Speaker, I rise today to honor the Anthracite Chapter of the today to honor a constituent of mine, Sheriff HON. BLAINE LUETKEMEYER American Society of Heating, Refrigerating, Gary F. Toelke. He is retiring from the Franklin OF MISSOURI and Air-Conditioning Engineers (ASHRAE) as County Sheriff’s Office after 41 years of dedi- IN THE HOUSE OF REPRESENTATIVES they celebrate National Engineers Week. cated service. In addition to his 41 years of ASHRAE was originally formed in 1894 as the service in law enforcement, Sheriff Toelke is Wednesday, February 24, 2016 American Society of Heating and Ventilating also the longest serving sheriff in Franklin Mr. LUETKEMEYER. Mr. Speaker, I rise Engineers. With more than 50,000 members County history. He has served seven terms today to honor a constituent of mine, Major spanning the globe, ASHRAE aims to advance spanning 28 years. In 1969, Sheriff Toelke Michael F. Copeland. He is retiring from the the arts and sciences of heating, ventilation, graduated from Union High School. A few Franklin County Sheriff’s Office after 49 years air conditioning, and refrigeration to serve hu- years later, in 1991, he graduated from the of dedicated service. manity and promote a sustainable world. Federal Bureau of Investigation National Acad- Major Copeland began his service in the Established in 1951, National Engineers emy. Franklin County Sheriff’s Office during his high Week is dedicated to ensuring a diverse and Sheriff Toelke has worked in numerous school years. He graduated from Union High well-educated future engineering workforce by leadership positions. He is the Past President School in 1969 and continued dispatching promoting careers in engineering and tech- of the Missouri Sheriff’s Association and re- through his college years. Major Copeland nology. National Engineers Week represents a ceived the Sheriff of the Year award from the graduated from Meramec Community College formal coalition of more than 70 engineering, Missouri Deputy Sheriff’s Association. Cur- with an Associate of Arts Degree in Criminal education, and cultural societies, with over 50 rently, he is a board member with the Major Justice in 1971. Major Copeland was the first corporations and government agencies dedi- Case Squad of Greater St. Louis. During the civilian dispatcher in Franklin County. In 1997, cated to raising public awareness on the effect years of 1970–1976, he served in the Missouri he was a National Academy graduate from the engineering plays in our daily life. National En- National Guard with the Military Police. In Federal Bureau of Investigation. gineers Week honors the parents, teachers, March 1975 until March 1977, Sheriff Toelke The leadership and commitment Major and mentors who instill the importance of a was the Deputy Sheriff in the Franklin County Copeland has shown throughout the years is math, science, and technological literacy in Sheriff’s Office. Then starting in 1988 to evident by the positions he has held. From students and motivate them to pursue careers present, Sheriff Toelke has been the Sheriff of 1971 to present, he has served as Deputy in engineering. Franklin County, Missouri.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Sep 11 2014 05:50 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K24FE8.001 E24FEPT1 smartinez on DSK9F6TC42PROD with REMARKS E204 CONGRESSIONAL RECORD — Extensions of Remarks February 24, 2016 Most notably, during his time serving the neering concepts by challenging them with from his district to screen applicants and as- people of Franklin County, Sheriff Toelke led issues engineers and city planners face every sist with the serious duty of nominating can- the case when Abigale Woods ‘‘Baby Abby’’ day: urban management, planning and envi- didates for academy admission. Today, I am was abducted. This case had national atten- ronmental sustainability issues to name just a honored to continue this wise tradition in my tion and ultimately ended with a successful re- few. The theme for this year’s contest was service to the 11th Congressional District. covery of Abigale Woods. Sheriff Toelke also ‘‘Waste Not, Want Not’’ and forced students to My Academy Review Board is composed of successfully led the recovery of Ben Owenby tackle complex waste management issues. seven local citizens who have shown exem- ‘‘Missouri Miracle’’ which then led to the recov- Drexel Hill Middle School’s team was se- plary service to New Jersey, to their commu- ery of Shawn Hornbeck. These cases were lected by its peers for the People’s Choice nities, and to the continued excellence of edu- emotional situations and Sheriff Toelke han- Award, which is given to the best model city. cation in our area—many are veterans. dled the situations with compassion and ex- It was also recognized with the Best Residen- Though from diverse backgrounds and profes- pertise which the families of the children will tial Zone award for the placement of resi- sions, they all share a common dedication that be forever grateful. dences in a way that would improve the qual- the best qualified and motivated graduates at- With this retirement, Sheriff Toelke can now ity of life for families. tend our academies. And, as true for most vol- spend more time with his family which in- Mr. Speaker, education in science, tech- unteer panels, their service goes largely unno- cludes: his wife Sandy, daughters Carrie and nology, engineering and math (STEM) fields ticed. Holly. are crucial if our students are to be able to I would like to take a moment to recognize I ask you to join me in recognizing Sheriff compete in the modern global economy. The these men and women and thank them pub- Toelke on his retirement after 41 years of Future City competition is an innovative way licly for participating in this important panel. commitment to his community. for students to learn these skills and their real Being on the board requires hard work and an f world applications. I congratulate Drexel Hill objective mind. Members have the responsi- Middle School’s students for their awards. bility of interviewing upwards of 50 outstanding IN MEMORIAM OF GEORGE RAY f high school seniors every year in the academy WEST review process. HONORING THE 2016 ACADEMY The nomination process follows a general HON. LOIS CAPPS NOMINEES OF THE 11TH CON- timetable. High school seniors mail personal GRESSIONAL DISTRICT NEW JER- OF CALIFORNIA information directly to the Military Academy, SEY IN THE HOUSE OF REPRESENTATIVES the Naval Academy, the Air Force Academy, Wednesday, February 24, 2016 and the Merchant Marine Academy once they HON. RODNEY P. FRELINGHUYSEN become interested in attending. Information in- Mrs. CAPPS. Mr. Speaker, today I rise to OF NEW JERSEY cludes academic achievement, college entry honor the life of my constituent Ray West, IN THE HOUSE OF REPRESENTATIVES test scores, and other activities. At this time, who passed away last week at the age of 89. Wednesday, February 24, 2016 they also inform my office of their desire to be Ray was a U.S. Navy veteran who served nominated. during World War II. Mr. FRELINGHUYSEN. Mr. Speaker, every The academies then assess the applicants, He went on to have a successful career in year, more high school seniors from the 11th rank them based on the data supplied, and re- the film industry, earning an Academy Award Congressional District trade in varsity jackets turn the files to my office with their notations. and GRAMMY for his work as a sound engi- for navy pea coats, Air Force flight suits, and In late November, our Academy Review Board neer. Army brass buckles than most other districts interviews all of the applicants over the course Ray and his wife Jean were married in in the country. But this is nothing new—our of 2 days. They assess a student’s qualifica- 1950. area has repeatedly sent an above average tions and analyze character, desire to serve, The two honeymooned in Yosemite National portion of its sons and daughters to the na- and other talents that may be hidden on Park, and celebrated each anniversary by re- tion’s military academies for decades. paper. turning there. This fact should not come as a surprise. This year the board interviewed over 40 ap- When Ray became ill, the Dream Founda- The educational excellence of area schools is plicants. The Board’s recommendations were tion—a wish granting organization for termi- well known and has long been a magnet for then forwarded to the academies, where re- nally ill adults based in Santa Barbara, Cali- families looking for the best environment in cruiters reviewed files and notified applicants fornia—stepped in to ensure that Ray and which to raise their children. Our graduates and my office of their final decision on admis- Jean would be able to visit Yosemite for their are skilled not only in mathematics, science, sion. 65th wedding anniversary. and social studies, but also have solid back- As these highly motivated and talented I had the privilege of meeting Ray and his grounds in sports, debate teams, and other young men and women go through the acad- son David when they traveled to Washington, extracurricular activities. This diverse upbring- emy nominating process, never let us forget DC last September for the launch of the ing makes military academy recruiters sit up the sacrifice they are preparing to make: to Dream Foundation’s ‘‘Dreams for Veterans’’ and take note—indeed, many recruiters know defend our country and protect our citizens. program. our towns and schools by name. This holds especially true at a time when our I was honored to be able to recognize him Since the 1830s, Members of Congress nation is fighting the war against terrorism. for his outstanding military service and his ex- have enjoyed meeting, talking with, and nomi- Whether it is in the Middle East, Africa or traordinary life. nating superb young people to our military other troubled spots around the world, no My thoughts are with Ray’s family—I pray academies. But how did this process evolve? doubt we are constantly reminded that wars they find comfort as they celebrate the life of In 1843, when West Point was the sole acad- are fought by the young. And, while our mili- this remarkable man. emy, Congress ratified the nominating process tary missions are both important and dan- f and became directly involved in the makeup of gerous, it is reassuring to know that we con- our military’s leadership. This was not an act IN RECOGNITION OF DREXEL HILL tinue to put America’s best and brightest in of an imperial Congress bent on controlling command. MIDDLE SCHOOL every aspect of Government. Rather, the pro- ACADEMY NOMINEES FOR 2016 11TH DISTRICT cedure still used today was, and is, a further CONGRESSIONAL DISTRICT check and balance in our democracy. It was HON. PATRICK MEEHAN AIR FORCE ACADEMY OF PENNSYLVANIA originally designed to weaken and divide polit- ical coloration in the officer corps, provide John Dennehy, Rockaway, Morris Hills HS; IN THE HOUSE OF REPRESENTATIVES Jason Kaynak, Pompton Plains, Pequannock geographical balance to our armed services, Wednesday, February 24, 2016 HS; Pranay Malla, Chatham, Chatham HS; and to make the officer corps more resilient to Michael Matarazzo, Cedar Grove, Cedar Mr. MEEHAN. Mr. Speaker, I rise today to unfettered nepotism and handicapped Euro- Grove HS; Garrett O’Shea, Butler, Morris congratulate Drexel Hill Middle School on the pean armies. Knolls HS; Jacob Scheidman, Wayne, Wayne awards earned by its seventh and eighth In 1854, Representative Gerritt Smith of Valley HS; Joshua Vinoya, West Orange, grade engineering team in the 2016 Future New York added a new component to the West Orange HS. Cities regional contest this week. academy nomination process—the academy MERCHANT MARINE ACADEMY The Future City competition engages stu- review board. This was the first time a Mem- Bryan Deterle, Nutley, Nutley HS; Ryan dents and teaches math, science and engi- ber of Congress appointed prominent citizens Griffin, Kinnelon, Kinnelon HS; Tanner

VerDate Sep 11 2014 05:50 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\K24FE8.003 E24FEPT1 smartinez on DSK9F6TC42PROD with REMARKS February 24, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E205 Grevesan, Boonton, Montville HS; Isaiah Whereas, he was a husband, a father, a Niagara Institute for Advanced Manufacturing Rodriguez, Fairfield, West Essex HS; Megan brother and a friend; he was also a man of Competitiveness, it was established with $45 Rudio, Byram, Lenape Valley HS; Chris- great integrity who remained true to the uplift- million from the Buffalo Billion Investment topher Schlegel, Mendham, West Morris Mendham HS. ing and service of my district; and Plan. Whereas, the U.S. Representative of the Working with their operational partner EWI, NAVAL ACADEMY Fourth District of Georgia recognizes Mr. Buffalo Manufacturing Works has met with Michael Corbett, Florham Park, Hanover Park HS; Matthew Critchley, Morristown, Simon Philip ‘‘Phil’’ Levetan as a citizen of over 150 local manufacturers and business of- Morristown HS; Sofia Farrell, Nutley, Nut- great worth and so noted distinction; now ficials to gather input and develop a shared vi- ley HS; Matthew Gallo, Whippany, Whippany therefore, I, HENRY C. ‘‘HANK’’ JOHNSON, Jr. do sion. A critical piece of their model is the Buf- Park HS; Kristine Gurcan, Whippany, hereby attest to the 114th Congress that Mr. falo Manufacturing Works Founders Council, a Whippany Park HS; Marisa Lakin, Verona, Simon Phillip ‘‘Phil’’ Levetan is deemed worthy dedicated group of local manufacturing com- Verona HS; Adam Magistro, Morristown, and deserving of this ‘‘Congressional Honor’’ panies that represent the industry and focus Newark Academy; Courtney McKenna, Spar- by declaring Mr. Simon Phillip ‘‘Phil’’ Levetan on fostering long-term sustainability. ta, Sparta HS; Robert White, Pompton U.S. Citizen of Distinction in the 4th Congres- Buffalo Manufacturing Works enables local Plains, Pequannock HS; Alexander Wang, Parsippany, Parsippany HS. sional District of Georgia. manufacturers and businesses to grow and Proclaimed, this 4th day of January, 2016. develop through a strong network of support MILITARY ACADEMY from industry, research, and academic part- Taylor Carmichael, Pompton Plains, f Pequannock HS; William Gault, Verona, ners. Their partners include the University at IN RECOGNITION OF HOMES FOR Buffalo for fundamental research, Insyte Con- Verona HS; Mitchell Haddad, Fairfield, East- HEROES ern Christian School; Christopher Morgan, sulting for process excellence, EWI applied re- West Orange, West Orange HS; Christopher search and development, and the World Trade Papa, Chatham, Chatham HS; Ivan Peters, HON. PATRICK MEEHAN Center Buffalo Niagara for market expansion. Boonton, Mountain Lakes HS, US Army; OF PENNSYLVANIA In addition, Buffalo Manufacturing Works John Rogacki, North Caldwell, Seton Hall IN THE HOUSE OF REPRESENTATIVES provides insight into workforce development Prep; Justice Rooney, West Orange, West Or- practices to companies. To help companies ange HS; Sean Schoch, Sparta, Sparta HS; Wednesday, February 24, 2016 Alexander Zevits, Montville, Montville HS. manufacture products in the most efficient way Mr. MEEHAN. Mr. Speaker, I rise today to possible, the organization also develops its NAVAL ACADEMY PREPARATORY SCHOOL recognize Homes for Heroes, the Mission First own new technologies. Dean C. Caravela, West Caldwell; James Housing Group’s Fund for Veterans’ fund- Caldwell High School Mr. Speaker, thank you for allowing me a raising event for housing for homeless vet- few moments to recognize Buffalo Manufac- f erans. turing Works as they receive the Innovation TRIBUTE TO MR. SIMON PHILLIP Homelessness among veterans is a tragic Award from the Amherst Chamber of Com- ‘‘PHIL’’ LEVETAN problem nationwide, and many veterans strug- merce. I wish the organization continued suc- gle with addiction and other issues that make cess and commend their commitment to build- HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. keeping their own homes difficult. The federal ing a strong present and future for Western government estimates that nearly 50,000 vet- OF GEORGIA New York’s economy. erans are homeless on any given night, and IN THE HOUSE OF REPRESENTATIVES f another 1.4 million are at risk of homeless- Wednesday, February 24, 2016 ness. Seventy percent of homeless veterans PERSONAL EXPLANATION Mr. JOHNSON of Georgia. Mr. Speaker, I face substance abuse issues. submit the following Proclamation: And it’s a problem that seems to be getting HON. SCOTT PERRY Whereas, our lives have been touched by worse: Pennsylvania’s homeless population in- OF PENNSYLVANIA the leadership and service of Mr. Simon Phillip creased by 46 percent from 2009 to 2013. IN THE HOUSE OF REPRESENTATIVES ‘‘Phil’’ Levetan; and The service of our veterans should never be Whereas, Mr. Simon Phillip ‘‘Phil’’ Levetan forgotten, and organizations like Mission First Wednesday, February 24, 2016 served our nation with honor and valor in the do much to ensure that those individuals and Mr. PERRY. Mr. Speaker, on roll call no. 84, United States Army Air Corps Division during their families who have sacrificed so much for I was absent on account of attending a fu- World War II. He was responsible for main- our country have a safe place to call home. neral. taining the electrical and mechanical systems Mr. Speaker, I congratulate Mission First on Had I been present, I would have voted of B29 airplanes, which served as powerful its work to honor our nation’s veterans. Work- Yes. tools for the Allies, aiding in the destruction of ing with groups like Mission First, we can help f the Axis powers; and get veterans off the streets and into safe Whereas, Mr. Levetan served and led our homes. We owe it to the many veterans who HONORING THE NICHOLAS COUNTY district in DeKalb County, as a steadfast pillar served and sacrificed. HIGH SCHOOL CHEERLEADERS of our community, a business owner and oper- f ator of his family’s scrap metal business, Dixie HON. ANDY BARR HONORING BUFFALO MANUFAC- Iron and Metal Company. He was a commu- OF KENTUCKY TURING WORKS FOR RECEIVING nity leader and First Gentleman of DeKalb IN THE HOUSE OF REPRESENTATIVES County as he served the citizens by partnering THE INNOVATION AWARD FROM Wednesday, February 24, 2016 with his wife former C.E.O. of DeKalb County THE AMHERST CHAMBER OF and State Senator Liane Levetan. He was the COMMERCE Mr. BARR. Mr. Speaker, I rise to honor a wind beneath her wings for sixty one (61) very special group of young people. The Nich- years in marriage; and HON. BRIAN HIGGINS olas County High School Cheerleaders, Whereas, Mr. Levetan was a lifetime mem- OF NEW YORK coached by Jessica Letcher Hamilton, recently ber of Ahavath Achim Synagogue and a mem- IN THE HOUSE OF REPRESENTATIVES won the Universal Cheerleaders Association’s ber of Congregation Beth Jacob. He also National High School Cheerleading Competi- planned weekly Lunch and Learn sessions for Wednesday, February 24, 2016 tion. Chabad with Rabbi Yossi New for more than Mr. HIGGINS. Mr. Speaker, today I rise to This event is very competitive and involves two decades. In addition, he was a member of honor Buffalo Manufacturing Works as the young women from across the nation. Like the Jewish War Veterans and a member of Amherst Chamber of Commerce presents the any successful endeavor, the victory was won the Elks 78 organizations; and organization with the Innovation Award. Their by dedication, hours of practice, determination, Whereas, he never asked for fame or for- cooperative and supportive mission plays an and teamwork. The young women worked tune, nor found a job too small or too big; he important role in bolstering Western New very hard for this accomplishment and they gave of himself, his time, his talent and his life York’s manufacturing community. learned lessons that will benefit them as they to uplift those in need by demonstrating un- Buffalo Manufacturing Works is a collabo- become adults. wavering commitment to protecting and serv- rative organization that exists to serve the Nicholas County High School is a small but ing the citizens of the United States of Amer- needs of the Buffalo Niagara manufacturing proud high school in Carlisle, Kentucky. The ica; and community. Previously known as the Buffalo community was very supportive of this group

VerDate Sep 11 2014 05:50 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A24FE8.003 E24FEPT1 smartinez on DSK9F6TC42PROD with REMARKS E206 CONGRESSIONAL RECORD — Extensions of Remarks February 24, 2016 of young women. The girls represented them- U.S. LNG EXPORTS TO THE BLACK While overall rates of officers killed by gun selves and their county very well at the na- SEA violence have declined over the years, we tional competition in Orlando, Florida. I con- continue to see and hear about horrific cases gratulate the students and their coaches on HON. GENE GREEN of officers falling victim to gun violence. the national championship and I am proud to OF TEXAS Since 2005, shooting-related deaths account honor them before the United States House of IN THE HOUSE OF REPRESENTATIVES for approximately 37 percent of officer fatali- ties in the line of duty. Representatives. Wednesday, February 24, 2016 In the past five years, 259 police officers f Mr. GENE GREEN of Texas. Mr. Speaker, have died by gunfire across the nation. I rise today in support of U.S. Liquefied Nat- Thirteen of those deaths were accidental. HONORING BRIAN HAYDEN UPON ural Gas (LNG) exports. Sadly, Texas had the highest number of fa- THE OCCASION OF HIS RETIRE- U.S. LNG is of vital importance to our talities, losing 12 officers in 2015. MENT FROM THE CITY OF BUF- friends around the world, specifically those in This year, we have already lost nine officers FALO the Black Sea. to senseless gun violence across the nation in Currently, our European allies are stuck in a Utah, Oregon, Colorado, North Dakota, Ohio, struggle for energy independence from Rus- Georgia, Mississippi and two in Maryland. HON. BRIAN HIGGINS sia. Five of these shootings occurred in just More critically, the burgeoning democracies three days in February. OF NEW YORK in Ukraine, Bulgaria and Romania are largely The recent incident that occurred on Feb- IN THE HOUSE OF REPRESENTATIVES dependent on Gazprom for their crucial gas ruary 10, 2016, in Harford County, Maryland, supplies, and we are all well aware Russia is accounting for two of five officers killed in less Wednesday, February 24, 2016 seeking to influence its neighbors’ political than a week is particularly alarming and egre- process by threatening their gas supply. gious. Mr. HIGGINS. Mr. Speaker, today I rise to American LNG could give Ukraine and the Senior Deputy Patrick Dailey and Senior honor Mr. Brian Hayden as he retires from the other Black Sea nations a real alternative. Deputy Mark Logsdon of the Harford County City of Buffalo. Brian’s career with the City In fact, there are Texas companies already Sheriff Department were killed upon approach- spanned over forty years. engaged in negotiations with the Ukrainian ing a troubled and wanted man in a local res- Brian was born on February 8th, 1954 at state gas companies to build Ukraine’s Black taurant. Our Lady of Victory Hospital in Lackawanna, Sea LNG receiving terminal and supply U.S. They were the first Harford County Sheriff’s New York to his beloved parents John & Doro- LNG to Ukraine. deputies to be shot and killed in the line of thy (Norton) Hayden. He has two siblings, There exists a concern that an impediment duty since 1899. Dennis and Susan. to Ukraine receiving U.S. LNG is the uncer- The suspect, who legally purchased the tainty surrounding the passage of LNG tankers Growing up, Brian graduated from Holy weapon used in shooting these officers, had a through the Bosphorus Straits. history of domestic violence including stalking Family Grammar School in 1968, one of sev- Under the 1936 Montreux Convention, eral Catholic schools in the close-knit commu- and a suspected shooting of his estranged which controls how the Bosphorus Straits are wife, substance abuse, and a criminal record nity of South Buffalo. He went on to attend Fa- to be used in peacetime, the LNG tanker issue ther Baker High School, becoming Senior including assault on an officer. should already be resolved. Awarded Medals of Honor, Deputy Dailey Class President for the class of 1972. Brian Article 1 provides that ‘‘The High Con- attended Brockport College. and Deputy Logsdon paid the ultimate sac- tracting Parties recognize and affirm the prin- rifice for responding to a call of need, and en- Brian first worked as a pool attendant at the ciple of freedom of transit and navigation by countering an individual who should have Boone Street Playground during the summer sea in the Straits.’’ never been in legal possession of a firearm. Article 2 states that ‘‘In time of peace, mer- of 1973, transitioning into a rink guard at Mr. Speaker, this tragic event highlights the chant vessels shall enjoy complete freedom of Cazenovia Ice Rink. The next year, he started desperate need for mental health and com- transit and navigation in the Straits, by day as a Laborer with the Carpenters for the Buf- mon sense gun reform in this country. and by night, under any flag with any kind of falo Board of Education. In 1979 he became We do not need any more first tragedies for cargo.’’ co-owner of the Ounce and a Half, a favorite communities and law enforcement agencies, Even with the clear language of the Treaty, neighborhood gathering spot on Abbott Road and we do not need to repeat history as this debate continues as to governmental authori- in South Buffalo. year sets a shocking pace for increased officer ties over the waters of the Bosphorus. In 1983 Brian became a Building Inspector It is time to bring clarity to this important killings by gunfire. for the City of Buffalo. As an inspector, he en- issue and open the Black Sea to U.S. LNG There is no place in a civilized society for sured structures were safe and compliant with exports. such senseless and preventable acts of vio- local, state, and federal regulations. Working U.S. LNG exports will play an important role lence in this country. his way up through the ranks, in 1990 he in the future of our allies. As Members of Congress we have a solemn moved to the role of Director of Building Safe- It is my hope we can develop a reasonable, obligation to pass legislation that improves the ty & Health for the Buffalo Board of Education. consensus approach to allow LNG to pass safety and respect between every law enforce- In 1993 he began his service as the Director through the Bosphorus Straits. ment officer and the communities they serve to protect. of Building Inspections for one year, con- f tinuing to serve as a Building Inspector after- I ask the House to observe a moment of si- wards. HONORING LAW ENFORCEMENT lence in memory of the fallen police officers in OFFICERS FELLED BY GUN VIO- A family man, Brian is married to Jean Ann this nation. LENCE Kalec, with whom he has 2 sons, Matthew and f John. He is also known for his community in- HONORING MATTHEW PELKEY FOR volvement, and volunteers for many races, or- HON. SHEILA JACKSON LEE RECEIVING THE EMERGING BUSI- OF TEXAS ganizations, and groups. He is a founding NESS LEADER AWARD FROM IN THE HOUSE OF REPRESENTATIVES member of the Connors, Kait, Harrity Memorial THE AMHERST CHAMBER OF Race, which went on for twenty-five years. Wednesday, February 24, 2016 COMMERCE Brian won the prestigious Irishman of the Year Ms. JACKSON LEE. Mr. Speaker, it is with award in 1995 and the St. Thomas Aquinas a deep sadness and a heavy heart that I rise Parishioner of the Year in 1996. HON. BRIAN HIGGINS today to pay tribute to the individuals in law OF NEW YORK Mr. Speaker, thank you for allowing me a enforcement who have fallen in the line of IN THE HOUSE OF REPRESENTATIVES few moments to honor Brian Hayden upon the duty while serving and protecting their commu- occasion of his well-deserved retirement. His nities. Wednesday, February 24, 2016 service to the City of Buffalo and our commu- It is important to acknowledge that no one Mr. HIGGINS. Mr. Speaker, today I rise to nity are worthy of recognition. I wish him all is immune from gun violence, including our honor Mr. Matthew Pelkey as he is presented the best in his future endeavors and a ful- law enforcement officers stepping in the line of with the Emerging Business Leader Award by filling, relaxing retirement. danger to protect us. the Amherst Chamber of Commerce. Matthew,

VerDate Sep 11 2014 05:50 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A24FE8.006 E24FEPT1 smartinez on DSK9F6TC42PROD with REMARKS February 24, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E207 through his extensive and distinguished work, As a Seaman First Class aboard the aircraft HONORING BENJAMIN T. JEALOUS has proven to be a leader in his community. carrier USS Shamrock Bay, he participated in Matthew is an attorney and recent partner the Philippines Campaign: Phase 2, the Battle with Colligan Law LLP. Matthew’s practice re- of Iwo Jima, and the Okinawa Campaign. He HON. BRIAN HIGGINS lates to counseling startups, entrepreneurs was part of a crew that earned the USS OF NEW YORK and businesses. His practice includes land Shamrock three battle stars. As if the military IN THE HOUSE OF REPRESENTATIVES use, commercial real estate and regulatory battles were not enough, he and his crew en- compliance for businesses and political dured a typhoon while onboard the ship. Wednesday, February 24, 2016 groups. After his military service, Paul returned Mr. HIGGINS. Mr. Speaker, today I rise to An active member of the Western New York home in 1946 to Virginia where he began honor Mr. Benjamin T. Jealous as he is the startup community, Matthew was co-founder working for Crosley Refrigeration. It was there keynote speaker for the Canisius College Aca- and co-director of the Buffalo Chapter of Start- he met and married his first and only love, demic Talent Search Black History Month up Grind. In that role, he also co-founded the Sadie. The two moved to Kentucky in 1952. event. Mr. Jealous and his years of experi- monthly #LaunchHour entrepreneur Twitter Determined to live the American dream, Mr. ence in civil and human rights will bring invalu- chat in partnership with Launch NY. He serves Tranbarger fell in love with farming and owned able insight to the students of Canisius Col- as a member of FIKA Buffalo and the 43 and operated his own service station. lege and to the Buffalo community, and we North WeMakeBuffalo Team. are honored to have him with us today. Additionally, Matthew sits on the advisory Paul and his late wife Sadie have three chil- board of the ECIDA Venture Capital Fund, a dren. He is an elder at the Mt. Pisgah Chris- The Academic Talent Search (ATS) Pro- board responsible for making recommenda- tian Church and is still very active in his com- gram at Canisius College identifies and pro- tions to the ECIDA Board of Directors on how munity. He attributes his faith in God and love vides services for individuals from disadvan- to form and operate a ten year, multi-million of family as the reason for his existence at taged backgrounds, helping students progress dollar early stage venture fund focusing on age 90. through the academic pipeline from middle local emerging companies with high growth Words can never express our gratitude or school through post-baccalaureate programs. potential. An entrepreneur himself, Matthew is convey the honor so richly deserved. His serv- The program serves approximately 600 youths a co-founder and Chief Financial Officer of ice and sacrifice will be remembered and hon- recruited from area schools and community Black Squirrel Distillery, a New York State ored for generations to come. service organizations, giving educational, so- craft distillery. In that role he also co-founded cial, and career support as well as co-cur- the WNY Craft Beverage Alliance, Inc. f ricular and cultural enhancement. Outside of the startup community, Matthew Mr. Jealous has previously served as the is a strong advocate for sustainable develop- TRIBUTE TO MRS. JENNIE MCIVOR President and Chief Executive Officer of the ment and has served as a member of the RICHARDSON CAMPBELL NAACP. He recently began working in the Sil- Smart Growth Work Group of the WNY Re- icon Valley venture capital firm Kapor Capital, gional Economic Development Council and the where he plans to continue his goal of growing One Region Forward Land Use & Develop- HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. opportunities for minorities in the tech econ- ment Working Team. OF GEORGIA omy. A Rhodes Scholar, Mr. Jealous was As the former Chair of The Emerging Busi- named by both Forbes and TIME magazine to IN THE HOUSE OF REPRESENTATIVES ness Leaders, Matthew served on the Board their ‘‘Top 40 under 40’’ lists, as well as a of Directors and Executive Committee of the Wednesday, February 24, 2016 Young Global Leader by the World Economic Amherst Chamber of Commerce, as well as Forum. Mr. JOHNSON of Georgia. Mr. Speaker, I the Chamber’s Public Policy Committee. He The youngest president in the NAACP’s his- submit the following Proclamation: volunteers for B–Team Buffalo and the tory, Mr. Jealous began his career at 18 open- Parkside Community Association. Matthew Whereas, the lives of many in my district ing mail at the NAACP Legal Defense Fund. also serves as a member of the Professional have been touched by the life of one—Mrs. Under his leadership, the NAACP grew to be Panel for the Cancer Legal Resource Center, Jennie McIvor Richardson Campbell; and the largest civil rights organization online and and as an advisory board member for Whereas, she was born January 15, 1926 in on mobile, and became the largest commu- WomenElect. Mount Vernon, New York, and today she cele- nity-based nonpartisan voter registration oper- Mr. Speaker, thank you for allowing me a brates a milestone in her life, her 90th Birth- ation in the country. In addition, the NAACP few moments to honor Matthew Pelkey as he day; and experienced their first multi-year membership receives the Emerging Business Leader Whereas, this phenomenal woman has growth in over 2 decades. A builder of robust Award from the Amherst Chamber of Com- coalitions, Mr. Jealous’s leadership included merce. His personal contribution of time and shared her time and talents for the betterment of our community and our nation through her bringing environmentalist organizations into effort towards the progress and enhancement the fight to protect voting rights, and con- of our community is admirable, and I wish him tireless works, words of encouragement and inspiration; and vincing several well-known conservatives to much continued success in all his future en- join the NAACP in challenging mass incarcer- deavors. Whereas, Mrs. Campbell is a warrior for ation. f those in need, a woman of compassion, a fearless leader, a mother, a grandmother, an Prior to leading the NAACP, Mr. Jealous HONORING THE SERVICE OF PAUL aunt, a servant to all and truly a friend; her spent 15 years as a journalist and community TRANBARGER dedicated service is present throughout my organizer. Throughout his entire career, he district, she is an unwavering caregiver; and has been the leader of successful state and HON. ANDY BARR local movements to ban racial profiling, defend Whereas, she is a blessing to us all. She voting rights, secure marriage equality, and OF KENTUCKY gives advice on life, sewing and culture. She free multiple wrongfully incarcerated people. IN THE HOUSE OF REPRESENTATIVES is a member of her beloved Greenforest Com- Mr. Jealous has built a legacy on fighting for Wednesday, February 24, 2016 munity Baptist Church in Decatur, Georgia; justice, and has made a career out of helping and Mr. BARR. Mr. Speaker, I rise today to rec- the disadvantaged and less fortunate. ognize a heroic individual, Mr. Paul Whereas, the U.S. Representative of the Mr. Speaker, thank you for allowing me a Tranbarger, of Flemingsburg, Kentucky. Fourth District of Georgia has set aside this few moments to honor Mr. Benjamin T. Jeal- Mr. Tranbarger served in World War II as day to honor and recognize Mrs. Jennie ous for all of the work that he has done. The part of what we consider the Greatest Genera- McIvor Richardson Campbell on the anniver- ATS Program and Canisius College is hon- tion in our nation’s history. Please join me sary of her birth and for her outstanding lead- ored to have such a distinguished and honor- today in honoring a man who has displayed ership and service to our District; now there- able speaker for their event. His personal con- selflessness, courage, commitment, and dedi- fore, I, HENRY C. ‘‘HANK’’ JOHNSON, Jr. do tribution of time and effort towards the cation to our beautiful country. hereby proclaim January 15, 2016 as Mrs. progress of justice in our nation is admirable, Paul Tranbarger was born in Bristol, Virginia Jennie McIvor Richardson Campbell Day in and I am grateful for his unwavering commit- in 1926. He left home at the early age of 17 the 4th Congressional District. ment to such noble causes. I wish him much when he enlisted in the United States Navy. Proclaimed, this 15th day of January, 2016. continued success in all his future endeavors.

VerDate Sep 11 2014 05:50 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\K24FE8.009 E24FEPT1 smartinez on DSK9F6TC42PROD with REMARKS E208 CONGRESSIONAL RECORD — Extensions of Remarks February 24, 2016 PERSONAL EXPLANATION Harold developed their next business venture, Mariana Islands and the Federated States of the baseball cap. Under Harold’s leadership, Micronesia. Benit initiated the Bilingual HON. SCOTT PERRY New Era built relationships with baseball Bicultural Teacher Education Program and OF PENNSYLVANIA teams from Little League to college and pro- brought distance education to the University of IN THE HOUSE OF REPRESENTATIVES fessional leagues. Guam. She was the recipient of the University Harold Koch’s son David continued to de- of Guam Faculty Award for Excellence in Wednesday, February 24, 2016 velop the baseball cap, growing New Era from Service. Benit also served as a government Mr. PERRY. Mr. Speaker, on roll call no. 83, a company supplying a few teams with caps representative for various international con- I was absent on account of attending a fu- to providing almost every Major League Base- ferences on language. Most notably, Benit neral. ball (MLB) and their Minor League affiliates was the author of the Inifresi, or Guam Had I been present, I would have voted with its 59FIFTY fitted cap. It was David’s Pledge, which is recited in many schools, pub- Yes. dedication to building relationships with part- lic events, and meetings. f ners like MLB that helped create the reputa- In addition to work at the University of tion New Era has today. Guam, Benit was also very active in the com- HONORING THE ESTILL COUNTY Chris Koch, David’s son and the fourth gen- munity. She hosted a television program on HIGH SCHOOL BAND eration Koch to lead the company, picked up KGTF Public Television called Fino’ where his father left off. With his knowledge of Chamorro. Benit also served as a Girl Scout HON. ANDY BARR New Era’s uniqueness, he secured a partner- leader, Tamuning Youth Program summer OF KENTUCKY ship with the National Football League in camp director, was a member of the IN THE HOUSE OF REPRESENTATIVES 2010. With the addition of apparel and acces- Tamuning Community Council, and was in- sories to its portfolio and having New Era volved in her parish as a Confraternity of Wednesday, February 24, 2016 products sold in over 70 countries has trans- Christian Doctrine teacher and a member of Mr. BARR. Mr. Speaker, I rise to honor a formed New Era from a manufacturing com- various church ministries. very special group of young people. Members pany to a global lifestyle brand. I am deeply saddened by the passing of Dr. of the Estill County High School Marching En- A search for a new headquarters in 2005 Bernadita ‘‘Benit’’ Camacho-Dungca, and I join gineers won the Class AA Kentucky Music led the company to the ex-Federal Reserve the people of Guam in celebrating her life, and Educators Association state competition. The Bank building in downtown Buffalo. Today, the recognizing and remembering her dedicated band is directed by Jason Bowles. company has 1100 employees and 17 offices, service to Guam. I thank her for sharing her This event is very competitive and involves producing 50 million caps per year to be sold knowledge and tirelessly passing down all she young men and women from across Kentucky. in 81 countries. could for our future generations. I extend my Like any successful endeavor, the victory was I ask that my colleagues join me in con- condolences to her son, John and his family. won by dedication, hours of practice, deter- gratulating New Era on their accomplishment My thoughts and prayers are with her family, mination, and teamwork. The young people of Commitment to Excellence award and their loved ones and friends. She will be missed, worked very hard for this accomplishment and continuous dedication and contributions to the and her memory and legacy will live on in the they learned many lessons that will benefit community at large. hearts of the people of Guam. them as they become adults. f f Estill County High School is a small but proud high school in Irvine, Kentucky. The HONORING THE LIFE AND LEGACY PERSONAL EXPLANATION community was very supportive of this group OF DR. BERNADITA ‘‘BENIT’’ of students. The young people represented CAMACHO-DUNGCA HON. GREG WALDEN themselves and their county very well at the OF OREGON state competition. I congratulate the students HON. MADELEINE Z. BORDALLO IN THE HOUSE OF REPRESENTATIVES and their director on the Class AA KMEA state OF GUAM Wednesday, February 24, 2016 championship and I am proud to honor them IN THE HOUSE OF REPRESENTATIVES before the United States House of Represent- Mr. WALDEN. Mr. Speaker, on roll call no. Wednesday, February 24, 2016 atives. 83, I missed the vote as I was unavoidably de- f Ms. BORDALLO. Mr. Speaker, I rise today tained due to traffic getting on to the Capitol to honor the life and legacy of Dr. Bernadita Grounds. HONORING NEW ERA CAP CO, INC. ‘‘Benit’’ Camacho-Dungca. Benit was a daugh- Had I been present, I would have voted FOR RECEIVING THE COMMIT- ter of Guam, passionate advocate of the Yes. MENT TO EXCELLENCE AWARD Chamorro language and culture, and a dedi- f FROM THE AMHERST CHAMBER cated life-long educator. She passed away on OF COMMERCE February 15, 2016 at the age of 74. HONORING WEST HERR AUTO- Benit was born and raised in Dededo, MOTIVE GROUP FOR RECEIVING HON. BRIAN HIGGINS Guam and was the eldest daughter of ten chil- THE RETAIL AWARD FROM THE AMHERST CHAMBER OF COM- OF NEW YORK dren of Ignacio Rivera Camacho and Maria MERCE IN THE HOUSE OF REPRESENTATIVES Pocaigue Rosario. She was married to the late Vicente Taitingfong Dungca and together they Wednesday, February 24, 2016 had one son, John. Benit graduated from HON. BRIAN HIGGINS Mr. HIGGINS. Mr. Speaker, today I rise to George Washington High School and received OF NEW YORK recognize and honor New Era Cap Co, Inc. for her Bachelor of Arts degree in Linguistics and IN THE HOUSE OF REPRESENTATIVES receiving the Commitment to Excellence Anthropology from the University of Hawaii at Award from the Amherst Chamber of Com- Manoa. She went on to receive her Master of Wednesday, February 24, 2016 merce. For nearly a century, New Era has Arts degree in Education in Reading from the Mr. HIGGINS. Mr. Speaker, today I rise to helped people express their unique passion, University of Guam, and her Ph.D. in Cur- honor West Herr Automotive Group for receiv- pride, and style. riculum and Instruction from the University of ing the Retail Award from the Amherst Cham- Now a brand recognized around the world, Oregon. ber of Commerce. West Herr’s history of and New Era came from humble beginnings. In Benit began working at the University of dedication to good corporate citizenship as 1920, Ehrhardt Koch founded the company Guam in 1973 after creating the books, well as their continued success is worthy of out of the back room of a rented company on ‘‘Chamorro Reference Grammar’’ and the recognition and praise. Genesee Street in Buffalo, New York. The ‘‘Chamorro-English Dictionary.’’ Both books West Herr Automotive Group, established in company is family-owned to this day. are crucial resources for teaching and revital- 1950, is the largest automotive group in New Each generation of the Koch family has em- izing the Chamorro language. She was also York State and the 24th largest in the nation. braced and grown New Era’s legacy. The an associate professor at the University of West Herr is a long-time contributor and sup- company started with a focus on making a Guam’s School of Education. She taught porter of many worthwhile organizations in high-quality men’s fashion headwear, entering Chamorro and trained bilingual, bicultural Western New York, demonstrating their gen- the market with a cap known as the ‘‘Gatsby.’’ teachers from the Guam Department of Edu- erosity and commitment to giving back to the After a few years, Ehrhardt Koch and his son cation, the Commonwealth of the Northern community that supports them.

VerDate Sep 11 2014 05:50 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A24FE8.011 E24FEPT1 smartinez on DSK9F6TC42PROD with REMARKS February 24, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E209 With 21 locations in Erie, Niagara, and Mon- HONORING LESLIE ZEMSKY FOR Mr. Speaker, I urge those who revered Jus- roe Counties, West Herr has 23 franchises RECEIVING THE AMHERST CHAM- tice Scalia, cherish his memory, and wish to and over 1,900 employees. In 2015, the com- BER OF COMMERCE WOMAN OF do honor to the work of his life, to join me in pany sold more than 46,000 new and used ve- DISTINCTION AWARD calling upon the Senate, and every senator, to hicles. West Herr prides itself on dealing hon- discharge their constitutional duty to advise estly and fairly with customers and employees, HON. BRIAN HIGGINS and consent (or not consent) to the nomina- a philosophy shared throughout all levels of OF NEW YORK tion that will be put forward by the President the organization. West Herr builds their rep- IN THE HOUSE OF REPRESENTATIVES by holding an up or down vote. utation on excellence, customer satisfaction Wednesday, February 24, 2016 Mr. Speaker, those who claim there is an 80 and an understanding of their roots. All own- year precedent against confirming a Supreme ers live in Western New York and actively Mr. HIGGINS. Mr. Speaker, today I rise to Court nominee during an election year and manage the 21 locations on a daily basis. honor Mrs. Leslie Zemsky as she receives the that there is not sufficient time to fill the va- Their customer and employee satisfaction Amherst Chamber of Commerce’s Woman of cancy are incorrect. efforts have earned them countless awards. Distinction Award. An artist, community leader, The most recent instance where there was West Herr has received Business First of Buf- and Director of Fun for Larkin Square, Leslie a vacancy on the Supreme Court in an elec- falo ‘‘Best Place to Work in WNY’’ Award for has played an instrumental role in revitalizing tion year occurred not 80 but 28 years ago, in eleven consecutive years and the Better Busi- the Larkin District and the City of Buffalo. 1988, during the administration of President ness Bureau’s ‘‘Torch Award for Marketplace As Larkin Square’s Director of Fun, Leslie Reagan. Ethics’’ six times. In 2012, the group was rec- partners with her husband Howard Zemsky That vacancy was filled on February 3, 1988 ognized nationally as one of the ‘‘Best Dealer- and Joe Petrella to lead the Larkin Develop- by the appointment of Justice Anthony Ken- ships to Work For’’ through Automotive News. ment Group. The group has renovated a num- nedy who was confirmed 97–0 by a Democrat- Additionally, the Buffalo News recognized ber of former warehouse buildings which were controlled Senate. West Herr as a Top Workplace in its inaugural once part of the Larkin Soap Company. The Kennedy nomination is the controlling year for the program. Since 2002, the Larkin Development precedent, as Justice Scalia would recognize. I ask that my colleagues join me in con- Group’s renovations include more than In fact, Justice Scalia would say to anyone gratulating West Herr on receiving the Retail 800,000 square feet of office space, more claiming otherwise, ‘‘Leges posteriores priores Award from the Amherst Chamber of Com- than a half mile of streetscape improvements contrarias abrogant,’’ which is Latin for the merce. Their contributions to Western New and a public gathering space for events called canon of judicial interpretation that ‘‘the last York and commitment to quality service is Larkin Square. Thanks to their creative vision, expression of the people prevails.’’ commendable and I wish them continued suc- the Larkin District, now known fondly as There are 332 days left in President cess. Larkinville, has returned to its roots as a vi- Obama’s term, which is more than sufficient f brant, mixed-use neighborhood, home to of- time for the President to nominate, and for the fices, residences, restaurants, parks and pub- IN RECOGNITION OF DANA NESSEL Senate to consider and vote to confirm or re- lic gathering spaces like Larkin Square. ject his nominee. Under Leslie’s leadership Larkinville has be- Since 1900, there have been 60 Supreme HON. DEBBIE DINGELL come a destination. Nearly every day of the Court vacancies. OF MICHIGAN week, thousands gather in Larkin Square for The average time taken to fill these 60 va- IN THE HOUSE OF REPRESENTATIVES events such as Food Truck Tuesdays, Live at cancies is 73 days, which is less than 25% of Wednesday, February 24, 2016 Larkin Wednesdays and the Larkin Square the time remaining in the President’s term. Author Talks. The neighborhood continues to Mrs. DINGELL. Mr. Speaker, I rise today to The average time to fill each of the 13 va- evolve and grow with the opening of Flying recognize Dana Nessel, whose commitment to cancies since 1975 is a mere 67 days. Bison Brewery and Hydraulic Hearth Res- justice and equality has impacted the people And of the current members of the Supreme taurant & Brewery, run by Leslie’s son Harry. of Michigan and citizens across the United Court, the average time is 74 days, the long- The rebirth of Larkinville has played a lead- States. est being the 99 days taken to confirm the Dana is a graduate of the University of ing role in the rebirth of Buffalo. Larkinville has controversial nomination of Justice Clarence Michigan and Wayne State University Law gained national attention, from the Congress Thomas in October 1991. School and spent more than a decade working for New Urbanism to earning praise from jour- Mr. Speaker, as is often noted, elections as an assistant prosecuting attorney for nalist Katie Couric during her recent visit to have consequences. Wayne County, serving much of her tenure in Buffalo. They also impose responsibilities and du- My Buffalo District office is located in the special assignment units. She specialized in ties. Larkin at Exchange Building, and we’ve wit- domestic homicides, child physical and sexual And one of the most important duties im- nessed an incredible transformation due in no abuse cases, and investigations into police posed by the Constitution on the President is small part to Leslie. I ask that my colleagues shootings and in-custody deaths of civilians to nominate persons to fill vacancies on the join me in congratulating her for receiving the She is currently managing partner at Nessel Supreme Court and for the Senate to consider Woman of Distinction Award, expressing our and Kessel in Detroit, where she specializes in those nominations with dispatch. deepest gratitude for her vision and efforts, criminal defense and family law. The Supreme Court is the nation’s highest In 2012, Dana championed the cause of and wishing her all the best in her future en- court and its essential and indispensable role marriage equality by initiating the case which deavors. in our constitutional system is to provide defin- challenged Michigan’s ban on same-sex sec- f itive interpretations of American law and the ond party adoption, the case which would ulti- CALLING UPON THE SENATE TO Constitution. mately bring this important issue before the FULFILL CONSTITUTIONAL DUTY Its decisions are the law of the land binding Supreme Court. The landmark decision of this TO VOTE ON JUSTICE SCALIA’S in every state and territory. case granted the dignity so many sought for SUCCESSOR It is the only judicial tribunal capable of pro- so long: the right to commit to the person they viding the legal clarity and certainty required love. Today, Dana continues to defend the HON. SHEILA JACKSON LEE for the legal system to function and give meaning to the rule of law. rights of the LGBT community by pushing for OF TEXAS President Obama has announced that he in- protections against discrimination in state law IN THE HOUSE OF REPRESENTATIVES across the country. tends to fulfill the responsibility devolved upon Dana is this year’s recipient of the Honor- Wednesday, February 24, 2016 him by the Constitution and will submit to the able Kaye Tertzag Purple Sport Coat Award. Ms. JACKSON LEE. Mr. Speaker, ten days Senate a nominee to fill the large shoes left by Given to those, who, like Judge Tertzag, show ago, on February 13, 2016, the nation was the late Justice Antonin Scalia. devotion and service to our Michigan commu- saddened to learn of the death of Justice The Senate should fulfill its constitutional nity, Dana exemplifies his well-known motto: Antonin Scalia, the senior Associate Justice of duty to advise and consent, or withhold its ‘‘Be Prompt. Be Prepared. Be Polite.’’ the Supreme Court. consent, by casting an up or down vote on Mr. Speaker, I ask my colleagues to join me Justice Scalia, who loved the Court, served that nomination. today to honor Dana Nessel for her service to it ably for nearly 30 years and was involved in That is the way to pay fitting tribute to Jus- Michigan and our nation and wish her many some of the most consequential cases in his- tice Scalia, to honor the Constitution, and to years of success. tory. keep faith with the American people.

VerDate Sep 11 2014 05:50 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\K24FE8.012 E24FEPT1 smartinez on DSK9F6TC42PROD with REMARKS E210 CONGRESSIONAL RECORD — Extensions of Remarks February 24, 2016 HONORING PEGULA SPORTS AND TRIBUTE TO MR. LEWIS ‘‘LEW’’ Thomas Military Academy in Saint Paul, Min- ENTERTAINMENT FOR RECEIV- BELCHER nesota. He would find shoes and other items ING THE BUSINESS OF THE at great bargains and send them home to YEAR AWARD FROM THE AM- HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. Guam to be sold at his parents’ retail busi- HERST CHAMBER OF COMMERCE OF GEORGIA ness. He graduated from St. Thomas College in Saint Paul, Minnesota in 1953 with a de- IN THE HOUSE OF REPRESENTATIVES gree in Business Administration. HON. BRIAN HIGGINS Wednesday, February 24, 2016 After finishing college, Pedro served as one Mr. JOHNSON of Georgia. Mr. Speaker, I of the first Chamorro commissioned officers in OF NEW YORK submit the following Proclamation: the United States Air Force. He later returned IN THE HOUSE OF REPRESENTATIVES Whereas, our lives have been touched by to Guam to help with the family business. He the leadership and service of Mr. Lewis ‘‘Lew’’ was able to improve and expand Ada’s Market Wednesday, February 24, 2016 Belcher, Jr.; and into a household name and then into a real estate holding company, and soon became a Mr. HIGGINS. Mr. Speaker, today I rise to Whereas, Mr. Lewis ‘‘Lew’’ Belcher served real estate visionary who was responsible for honor Pegula Sports and Entertainment for re- our nation with honor and valor in the United States Air Force. He demonstrated unques- many changes and improvements in Guam’s ceiving the Business of the Year Award from tionable leadership and courage as an Airman capitol city of Haga˚tn˜a. Pedro created opportu- the Amherst Chamber of Commerce. Created devoted in protecting our nation; and nities in the private sector and expanded the in 2014, Pegula Sports and Entertainment is a Whereas, Mr. Belcher served and led our potential for residential and commercial real management company streamlining the district in Rockdale County as a steadfast pil- estate developments during times of emerging Pegula family’s business endeavors across lar of our community by being ever so watch- economic markets in the island. Pedro was in- sports and entertainment, including the Buffalo ful of issues that would hinder constituents. He ducted into the Guam Chamber of Com- Bills, Buffalo Sabres, Buffalo Bandits, Roch- was a community advocate on the front line of merce’s Guam Business Hall of Fame in 2003. Pedro led a long life with both business and ester Americans, HARBORCENTER, and fighting for equality and justice. He was the community involvement. He served as a mem- Black River Entertainment. voice for the voiceless and the pulse of the grassroots machine in Rockdale County; and ber and board chairman of the University of On February 22, 2011, a new era in Buffalo Whereas, Mr. Belcher advised many elected Guam Board of Regents in the 1970s and sports history began when Terry and Kim and appointed officials on issues concerning 1980s. He was also instrumental in estab- Pegula purchased the Buffalo Sabres and Buf- the public, he also promoted supporting local lishing the University of Guam’s Reserve Offi- falo Bandits. That summer, the Pegulas ac- small businesses; and cer’s Training Corps (ROTC). Pedro was an quired the Rochester Americans, and resum- Whereas, he never asked for fame or for- active member of the Air Force’s Civilian Advi- ing the team’s long time relationship with the tune, nor found a job too small or too big; he sory Council, and supported groups such as the Guam Boy Scouts and KGTF Public Tele- Sabres as their American Hockey League affil- gave of himself, his time, his talent and his life vision. Additionally, he served on numerous iate. to uplift those in need by demonstrating un- wavering commitment to protecting and serv- boards including the Guam Blue Ribbon Edu- In 2012, the Pegulas purchased the 1.7 ing the citizens of Rockdale County; and cation Committee, the Guam Memorial Hos- acre Webster Block across from First Niagara Whereas, he was a husband, a father, a pital, the Guam Retirement Fund and the Center, which became the HARBORCENTER grandfather, a great grandfather and a friend; Guam Visitors Bureau. complex. HARBORCENTER features two he was also a man of great integrity who re- Pedro dedicated his life to improving our is- NHL-size rinks, the Academy of Hockey, (716) mained true to the uplifting and service of my land and community. He was an active mem- ber and supporter of the Saint Anthony-Saint Food and Sport, IMPACT Sports Performance, district; and Victor Parish of Tamuning, Guam and a dedi- a destination Tim Hortons Cafe & Bake Shop, Whereas, the U.S. Representative of the Fourth District of Georgia recognizes Mr. cated family man. I am deeply saddened by 750-space parking ramp, and full-service Mar- the passing of Pedro and I join the people of riott Hotel. Lewis ‘‘Lew’’ Belcher, Jr., as a citizen of great worth and so noted distinction; now therefore, Guam in celebrating his life and remembering The Pegulas’ dedication extends beyond re- I, HENRY C. ‘‘HANK’’ JOHNSON, JR. do hereby his contributions to our island community. My invigorating the Sabres and their arena. On attest to the 114th Congress that Mr. Lewis thoughts and prayers are with his family, loved Friday, October 10, 2014, Terry and Kim be- ‘‘Lew’’ Belcher, Jr., is deemed worthy and de- ones and friends. I extend my condolences to came owners of the Buffalo Bills, after the serving of this ‘‘Congressional Honor’’ by de- his wife of 57 years, Fe; his children Maria A. Bonnie, Pedro ‘‘Sonny’’ and Jennifer Ada, Dr. passing of Ralph Wilson, Jr. The Pegulas are claring Mr. Lewis ‘‘Lew’’ Belcher, Jr. U.S. Cit- Frances A. and Jaime Purviance, Patricia P. only the second owners of the beloved 55- izen of Distinction in the 4th Congressional Ada, Therese and David John, and Carla P. year old National Football League organiza- District of Georgia. Proclaimed, this 18th day of January, 2016. Ada; and his eleven grandchildren. He will be tion. missed, and his memory will live on in the f To show their commitment to our region, on hearts of the people of Guam. Sunday, October 12th, 2014, coinciding with HONORING THE LIFE AND LEGACY f OF PEDRO PALOMO ADA, JR. the Pegula’s first game as owners of the Bills, HONORING AMHERST YOUTH Pegula Sports and Entertainment officially HOCKEY FOR RECEIVING THE launched the ‘‘One Buffalo’’ campaign. The HON. MADELEINE Z. BORDALLO COMMUNITY SERVICE AWARD ‘‘One Buffalo’’ campaign provides an associa- OF GUAM FROM THE AMHERST CHAMBER tion and link between the Bills, Sabres, the IN THE HOUSE OF REPRESENTATIVES OF COMMERCE Pegulas, and the City of Buffalo. The cam- Wednesday, February 24, 2016 paign is a celebration of the future of sport in Ms. BORDALLO. Mr. Speaker, I rise today HON. BRIAN HIGGINS Western New York and the family who has in- to honor the life and legacy of the late Pedro OF NEW YORK vested so much into the city, and seeks to Palomo Ada, Jr. Pedro was a son of Guam, IN THE HOUSE OF REPRESENTATIVES bring the community together as a representa- icon in our business community, and philan- Wednesday, February 24, 2016 tion of teamwork and a deeper connection be- thropist. He was born on July 7, 1930 and Mr. HIGGINS. Mr. Speaker, today I rise to tween Buffalo sports teams and their fans. passed away on February 12, 2016 at the age honor Amherst Youth Hockey for receiving the of 85. Pedro was the Chairman of Ada’s Trust I ask that my colleagues join me in con- Community Service Award from Amherst & Investment, Inc., a real estate and invest- gratulating Terry and Kim Pegula as they re- Chamber of Commerce. ment holdings company. The Amherst Youth Hockey Association was ceive the Business of the Year Award. I am Pedro followed in the footsteps of his par- established in 1964, when the Audubon rink deeply grateful for their incredible investment ents Maria Palomo Ada and Pedro Martinez was first built. The cost to participate when es- and belief in Western New York, and I wish Ada who were also successful business peo- tablished was $5.00 to register and 25 cents them all the best in their future endeavors, ple and generous philanthropists in the local every time one went on the ice. and many championships for the Bills and Sa- community. Pedro began his business career Those who worked to first develop the pro- bres under their leadership. at a young age while attending school at Saint gram were William E. Russell, Barney March,

VerDate Sep 11 2014 05:50 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K24FE8.014 E24FEPT1 smartinez on DSK9F6TC42PROD with REMARKS February 24, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E211 Bob Westphal, Bud Aschbacher, Frank Sykes, ican communities of Loudoun County; Belmont for many retailers, but Congress has already Gary Mitchell, Don Satchell, Harvey Rogers, and Coton (Lansdowne) African burial grounds delayed implementation of this rule as part of H. Jarvis (Jerry) Turner, Bob Sacha, Jim that will preserve, protect and restore the sa- the FY2016 omnibus and given retailers an Wurzer, Danny Guynn, Skip Harrington, John cred burial grounds on the former Belmont additional year before the rule would go into Brownschidle, Thomas Burke, Charles Kra- and Coton plantations; a Loudoun-specific ge- effect. Making nutrition information available mer, Richard Johnston, Drury Williford, Ray nome project; a virtual DNA extraction labora- empowers consumers to make healthy and Cotter, H. Hamilton, W. Leahy, Leo Lynett, tory; a research library and genealogy hub; nutritious choices, and this bill would have fur- Phil Boudreau, Frank Mathewson, R. and the Loudoun Freedom Chapel, a place to ther undermined that effort. For that reason, I Weisenborn, Robert Carver and many more. reflect and meditate. would have voted against H.R. 2017. During its second year of existence, the or- Just as it was divine inspiration that caused ganization had the opportunity to host the New so many faithful Americans of different races f York State Peewee Championship during and backgrounds to join together in unity and March of 1965. Familiar players in that tour- in hope at the Edmund Pettus Bridge last HONORING 360 PSG, INC. FOR RE- nament include Kevin McGuire, Chuck Sykes, year, so too, it is divine inspiration for this di- CEIVING THE TECHNOLOGY Terry Brownschidle, Terry Sykes, Bill Bush, verse group of citizens in Loudoun County to AWARD FROM THE AMHERST Mark Aschbacher, Pete Hunt, Sean join together in unity and in hope on the site CHAMBER OF COMMERCE Mccrossan, Ed McGuire, Keith Metzger, Brian of an unmarked slave cemetery on Belmont Cavanaugh, Gary Hill, Ray WeiI, Bill Graf, Ridge Road. Mike Hanretty, David Smith, Mike Caruana Reverend Thomas has said of the ambitious HON. BRIAN HIGGINS and Jay Hill. project that it is a crusade to reclaim the prop- OF NEW YORK Presently, the Amherst Youth Hockey now erty under a banner of unity. ‘‘No matter what IN THE HOUSE OF REPRESENTATIVES operates out of the Northtown Recreation your race, your color, your creed . . . we all Center. It is a youth hockey organization for want the same things. We all want to be hon- Wednesday, February 24, 2016 boys and girls ages 4 through 18, offering ored. We all want to have hope for the future.’’ Mr. HIGGINS. Mr. Speaker, today I rise to house programs, travel programs, and a I pray that they will be successful in their recognize and honor 360 PSG, Inc. for receiv- spring session. endeavors and that they will inspire the resi- ing the Technology Award from the Amherst The Amherst Youth Hockey Association is dents of Loudoun County and my Congres- Chamber of Commerce. committed to giving back to the community sional District for years to come. Founded in 2005 by 360 PSG partners Joel and providing a tremendous experience for all f members. Dedicated to enriching the commu- Colombo, Matthew Whelan, and Ben Shepard nity’s youth through sport, the association pro- H.R. 3442 AND H.R. 2017 after their previous employer closed its doors. vides children with the opportunity to learn the With no capital and grueling 20 hour work fundamentals of hockey, find enjoyment in the HON. SUZANNE BONAMICI days, by the end of the first year they had built three websites to start the company. sport, and become young athletes. OF OREGON I ask that my colleagues join me in con- IN THE HOUSE OF REPRESENTATIVES 360 PSG hired its first employees in 2006. Over the next two years, the company contin- gratulating Amherst Youth Hockey on receiv- Wednesday, February 24, 2016 ing the Community Service Award and recog- ued to hire, launched over 150 new websites, nizing their continuous dedication and con- Ms. BONAMICI. Mr. Speaker, I was unable and developed automated tools and platforms tributions to Western New York. to be in Washington, D.C. on the afternoon on to help small business owners take full advan- February 11th and on February 12th because f tage of internet marketing. In the following two I was attending a memorial service and I years another 300 websites. By 2011 the staff IN HONOR OF REVEREND missed votes in the House. If I had been had grown to almost 20 full-time members. MICHELLE THOMAS AND HER present, I would have opposed final passage The company focuses its business on two WORK ON THE LOUDOUN FREE- of H.R. 3442, the Debt Management and Fis- flagship products that have been programmed DOM CENTER cal Responsibility Act, and H.R. 2017, the and developed in-house, Fission CMS and Common Sense Nutrition Disclosure Act. 360 CMS. With over $2.5 million dollars of op- HON. BARBARA COMSTOCK The Debt Management and Fiscal Respon- erating capital invested, these innovative prod- OF VIRGINIA sibility Act may sound like a common-sense ucts provide website management tools with IN THE HOUSE OF REPRESENTATIVES bill, but it is a misguided effort that creates du- modern design elements to support the small plicative burdens and reporting requirements business community across the country. Wednesday, February 24, 2016 on the executive branch. The bill would re- Having come a long way from their humble Mrs. COMSTOCK. Mr. Speaker, today, Feb- quire the Secretary of the Treasury to appear beginnings, 360 PSG, Inc. serves over 1,000 ruary 24, 2016, a very special ceremony took before Congress when the country nears the customers from nearly every state and Can- place at which the brave Foot Soldiers who statutory debt limit and provide a written report ada. Their solid core values and a dedication participated in the civil rights marches from on the Treasury’s debt-reduction proposals. to treating clients like partners allows them to Selma to Montgomery half a century ago were The Administration, however, already provides develop strong, lasting relationships with high honored with the Congressional Gold Medal. Congress with an outline of its debt-reduction retention, remain profitable every year in busi- Among the witnesses to this ceremony were a proposals in the President’s annual budget. ness, and continue regional employment group of my constituents from the Lansdowne The President presented his final budget— growth. 360 PSG’s internal divisions now in- community of Loudoun County who are taking which includes numerous debt-reduction pro- clude all aspects of digital and internet mar- affirmative steps to build a new church and posals—to Congress just two days ago, but keting. multi-purpose community center on 4.4 acres House leaders denied the opportunity for the of land that includes an unmarked cemetery in director of the Office of Management and Employing 30 full time team members spe- which more than 40 slaves who lived and Budget to testify about these proposals. In- cialized in their respective fields of web de- worked on the former Belmont Plantation are stead, we are considering a bill that would cre- sign, software engineering, social media ad- buried. ate more requirements for the Administration vertising, search optimization and marketing, To honor those slaves, Reverend Michelle by making them duplicate efforts they already and service/support departments, 360 PSG Thomas, senior pastor at Holy and Whole Life undertake. For those reasons, I would have continues to evolve as a single-stop hub of Changing Ministries International, has joined voted against H.R. 3442. services supporting our region by bringing in with other Loudoun County residents to form I would have also opposed H.R. 2017, the national revenue, creating full-time technology The Loudoun Freedom Center, a non-profit Common Sense Nutrition Disclosure Act. This jobs. that will use science and technology to explore bill would have allowed certain restaurants I ask that my colleagues join me in con- the cultural history of Loudoun, including Afri- and food retailers to limit the nutritional infor- gratulating 360 PSG, Inc. on receiving the can-American slaves who helped build planta- mation they provide to consumers. The nutri- Technology Award from the Amherst Chamber tions in the area. tion disclosure requirements this bill seeks to of Commerce, and wish them the best as they Among the projects planned for The roll back became law as part of the Affordable continue to provide innovative services to Loudoun Freedom Center are: A visitors’ cen- Care Act. Preparing to comply with those re- small businesses and contribute to Western ter that will tell the story of the African-Amer- quirements has been a substantial undertaking New York’s revitalization.

VerDate Sep 11 2014 05:50 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\K24FE8.015 E24FEPT1 smartinez on DSK9F6TC42PROD with REMARKS E212 CONGRESSIONAL RECORD — Extensions of Remarks February 24, 2016 CONGRATULATING 100 YEAR ANNI- across the Western Hemisphere in Biloxi, Mis- Committee on Appropriations VERSARY OF ROSECRANCE sissippi; Goose Bay, Labrador, Canada; and Subcommittee on Department of Home- HEALTH NETWORK Bogota´, Colombia. Throughout his twenty-six land Security year military career, he accrued over 2000 To hold hearings to examine proposed total hours of flight time as a pilot and also budget estimates and justification for HON. ADAM KINZINGER fiscal year 2017 for the Transportation OF ILLINOIS headed the ROTC program at The Ohio State Security Administration. University for three years. He was Honorably IN THE HOUSE OF REPRESENTATIVES SD–138 Discharged with a total of six medals and Committee on Foreign Relations Wednesday, February 24, 2016 commendations, including the Air Force Com- Subcommittee on State Department and Mr. KINZINGER of Illinois. Mr. Speaker, I mendation Medal with one Oak Leaf Cluster, USAID Management, International Op- rise today in celebration of the Rosecrance the National Defense Service Medal with one erations, and Bilateral International Health Network as they celebrate 100 years of Bronze Service Star, the Air Force Reserves Development serving children, adolescents, adults, and fam- Medal, the Air Force Longevity Service Award To hold hearings to examine the Presi- dent’s proposed budget request for fis- ilies in Northern Illinois and beyond. with four Oak Leaf Clusters, the Small Arms Expert Marksmanship Ribbon, and the Air cal year 2017 for the Department of In 1916, Dr. James Rosecrance kept the State and the United States Agency for memory of his late wife, Franny, alive by cre- Force Outstanding Unit Award. After his service, Lt. Col. Kilton remained International Development. ating the Rosecrance Memorial Home for Chil- SD–419 dren at the couple’s homestead in New Mil- active in his community as the Director of 3 p.m. ford, Illinois. Incorporated by the state of Illi- Education for the Credit Union National Asso- Committee on Appropriations nois as a home for children on August 11, ciation and worked as a tax preparer in Madi- Subcommittee on Legislative Branch son, Wisconsin and Orange County, Cali- 1916, the staff continued to care for needy To hold hearings to examine proposed fornia. He was married for 64 years to the late children from New Milford and surrounding budget estimates and justification for Carol M. Hansen and is survived by his two fiscal year 2017 for the Senate Sergeant communities before expanding and relocating daughters, Megan Minarik and Stacey (Kilton) at Arms and the Capitol Police. to Rockford, Illinois, in 1953. Winker, and his two grandchildren, Kelsey Lee SD–192 Continually adapting to the changing needs Minarik and Ryan Andrew Minarik. Committee on Armed Services of the community, in 1982, Rosecrance trans- I thank Lt. Col. Kilton for his courage and Subcommittee on Airland formed into an innovative and groundbreaking dedication to the United States and my To receive a closed briefing on the Air chemical dependency treatment center for thoughts are with his family in this difficult Force Long Range Strike-Bomber. teens struggling with drug and alcohol addic- time. SVC–217 tion and abuse. In 1992, this mission ex- f panded even further as Rosecrance began MARCH 2 treating adults with substance abuse dis- SENATE COMMITTEE MEETINGS 9:30 a.m. orders. Today, their Harrison Campus in Rock- Title IV of Senate Resolution 4, Committee on Environment and Public ford offers a number of substance abuse serv- agreed to by the Senate of February 4, Works To hold hearings to examine S. 2446, to ices including outpatient programs and main- 1977, calls for establishment of a sys- amend subtitle D of the Solid Waste tains specialized units for young adults, vet- tem for a computerized schedule of all Disposal Act to encourage recovery and erans, firefighters, and paramedics. meetings and hearings of Senate com- beneficial use of coal combustion re- In 2011, Rosecrance merged with the Janet mittees, subcommittees, joint commit- siduals and establish requirements for Wattles Center, a leading mental health serv- tees, and committees of conference. the proper management and disposal of ice provider, to truly integrate substance This title requires all such committees coal combustion residuals that are pro- abuse and mental health services and better to notify the Office of the Senate Daily tective of human health and the envi- serve patients at their many locations through- Digest—designated by the Rules Com- ronment, S. 1479, to amend the Com- out Illinois and Wisconsin. Today, Rosecrance mittee—of the time, place and purpose prehensive Environmental Response, Compensation, and Liability Act of operates more than 40 locations and serves of the meetings, when scheduled and any cancellations or changes in the 1980 to modify provisions relating to more than 22,000 people annually. grants, and an original bill entitled, Mr. Speaker, on behalf of the Sixteenth meetings as they occur. ‘‘Good Samaritan Cleanup of Orphan Congressional District, I would like to sincerely As an additional procedure along Mines Act of 2016’’. thank the hardworking men and women who with the computerization of this infor- SD–406 have dedicated themselves to providing quality mation, the Office of the Senate Daily 10 a.m. substance abuse and mental health care serv- Digest will prepare this information for Committee on Commerce, Science, and ices. Without question, our communities and printing in the Extensions of Remarks Transportation families are healthier and stronger thanks to section of the CONGRESSIONAL RECORD To hold an oversight hearing to examine the Federal Communications Commis- the service and care provided by Rosecrance on Monday and Wednesday of each week. sion. throughout their 100 year history. Meetings scheduled for Thursday, SR–253 f February 25, 2016 may be found in the Committee on Homeland Security and Daily Digest of today’s RECORD. Governmental Affairs HONORING LIEUTENANT COLONEL To hold hearings to examine the nomina- MARVIN R. ‘‘BUD’’ KILTON tions of Patrick Pizzella, of Virginia, MEETINGS SCHEDULED to be a Member of the Federal Labor HON. DARRELL E. ISSA MARCH 1 Relations Authority, and Julie Helene Becker, Steven Nathan Berk, and Eliz- OF CALIFORNIA 9:30 a.m. Committee on Armed Services abeth Carroll Wingo, each to be an As- IN THE HOUSE OF REPRESENTATIVES To hold hearings to examine United sociate Judge of the Superior Court of Wednesday, February 24, 2016 States European Command. the District of Columbia. SD–342 Mr. ISSA. Mr. Speaker, I rise today to honor SD–G50 10 a.m. Committee on the Judiciary the memory of Lieutenant Colonel Marvin R. Committee on Finance To hold hearings to examine EB–5 tar- ‘‘Bud’’ Kilton and his service to our nation in To hold hearings to examine the multi- geted employment areas. the United States Air Force. He passed away employer pension plan system, focus- SD–226 on February 9, 2016 at the age of 90. ing on recent reforms and current chal- Committee on Veterans’ Affairs Born in Sheboygan, Wisconsin, Lt. Col. lenges. To hold a joint hearing with the House Kilton joined the Air Force in 1943 and trained SD–215 Committee on Veterans’ Affairs to ex- to become a B24 and B25 pilot in the final 2:30 p.m. amine the legislative presentation of years of World War II. At the conclusion of the Committee on Appropriations the Veterans of Foreign Wars. Subcommittee on Agriculture, Rural De- SD–G50 war, he became an active reservist and velopment, Food and Drug Administra- 10:30 a.m. earned a Bachelor’s of Science and a Mas- tion, and Related Agencies Committee on Appropriations ter’s Degree at the University of Wisconsin. Lt. To hold hearings to examine the state of Subcommittee on Department of Defense Col. Kilton rejoined active service from 1950 to the farm economy. To hold hearings to examine proposed 1970 where he served at Air Force Bases SD–116 budget estimates and justification for

VerDate Sep 11 2014 05:50 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\K24FE8.017 E24FEPT1 smartinez on DSK9F6TC42PROD with REMARKS February 24, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E213 fiscal year 2017 for the Navy and Ma- Committee on Commerce, Science, and fiscal year 2017 for the Department of rine Corps. Transportation Commerce. SD–192 Business meeting to consider S. 2555, to SD–192 2:30 p.m. provide opportunities for broadband in- Committee on Appropriations vestment, the nomination of Thomas MARCH 8 Subcommittee on Energy and Water Devel- F. Scott Darling, III, of Massachusetts, 10 a.m. opment to be Administrator of the Federal To hold hearings to examine proposed Committee on Energy and Natural Re- Motor Carrier Safety Administration, sources budget estimates and justification for Department of Transportation, and fiscal year 2017 for the Army Corps of To hold hearings to examine the Presi- routine lists in the Coast Guard. dent’s proposed budget request for fis- Engineers and the Department of the SR–253 cal year 2017 for the Forest Service. Interior Bureau of Reclamation. Committee on Energy and Natural Re- SD–138 SD–366 sources Joint Economic Committee To hold hearings to examine the Presi- To hold hearings to examine the Eco- MARCH 9 dent’s proposed budget request for fis- nomic Report of the President. 2 p.m. SH–216 cal year 2017 for the Department of En- ergy. Committee on the Judiciary Subcommittee on Antitrust, Competition MARCH 3 SD–366 Committee on Homeland Security and Policy and Consumer Rights 9:30 a.m. Governmental Affairs To hold an oversight hearing to examine Committee on Armed Services To hold hearings to examine the dogs of the enforcement of the antitrust laws. To hold hearings to examine the posture the Department of Homeland Security, SD–226 of the Department of the Air Force in 2:15 p.m. review of the Defense Authorization focusing on how canine programs con- Committee on Indian Affairs Request for fiscal year 2017 and the Fu- tribute to homeland security. ture Years Defense Program. SD–342 To hold an oversight hearing to examine SD–G50 Committee on Small Business and Entre- the President’s proposed budget re- 10 a.m. preneurship quest for fiscal year 2017 for Indian Committee on Appropriations To hold hearings to examine the impacts Country. Subcommittee on Departments of Labor, of Federal fisheries management on SD–628 Health and Human Services, and Edu- small businesses. cation, and Related Agencies SR–428A MARCH 16 To hold hearings to examine proposed Committee on Veterans’ Affairs 10 a.m. To hold a joint hearing with the House budget estimates and justification for Committee on Veterans’ Affairs Committee on Veterans’ Affairs to ex- fiscal year 2017 for the Department of To hold a joint hearing with the House amine the legislative presentation of Health and Human Services. Committee on Veterans’ Affairs to ex- SD–138 multiple Veterans Service Organiza- amine the legislative presentation of Committee on Banking, Housing, and tions. multiple Veterans Service Organiza- Urban Affairs CHOB–345 Subcommittee on Securities, Insurance, 10:30 a.m. tions. and Investment Committee on Appropriations SD–G50 To hold hearings to examine regulatory Subcommittee on Commerce, Justice, reforms to improve equity market Science, and Related Agencies structure. To hold hearings to examine proposed SD–538 budget estimates and justification for

VerDate Sep 11 2014 05:50 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\M24FE8.000 E24FEPT1 smartinez on DSK9F6TC42PROD with REMARKS Wednesday, February 24, 2016 Daily Digest Senate Message from the President: Senate received the Chamber Action following message from the President of the United Routine Proceedings, pages S967–S1016 States: Measures Introduced: Ten bills and four resolu- Transmitting, pursuant to law, a report on the tions were introduced, as follows: S. 2570–2579, S.J. modification and continuation of the national emer- Res. 30, and S. Res. 372–374. Pages S994–95 gency with respect to Cuba and of the emergency authority relating to the regulation of the anchorage Measures Reported: and movement of vessels, as amended; which was re- S. 2276, to amend title 49, United States Code, ferred to the Committee on Banking, Housing, and to provide enhanced safety in pipeline transportation, Urban Affairs. (PM–42) Page S990 with an amendment in the nature of a substitute. (S. Rept. No. 114–209) Nomination Confirmed: Senate confirmed the fol- S. 659, to protect and enhance opportunities for lowing nomination: recreational hunting, fishing, and shooting, with an By 89 yeas to 4 nays (Vote No. EX. 25), Robert amendment in the nature of a substitute. (S. Rept. McKinnon Califf, of South Carolina, to be Commis- No. 114–210) sioner of Food and Drugs, Department of Health and S. 1024, to authorize the Great Lakes Restoration Human Services. Pages S969–74, S1016 Initiative, with an amendment in the nature of a Nominations Received: Senate received the fol- substitute. (S. Rept. No. 114–211) lowing nominations: S. 1674, to amend and reauthorize certain provi- Carla D. Hayden, of Maryland, to be Librarian of sions relating to Long Island Sound restoration and Congress for a term of ten years. stewardship. (S. Rept. No. 114–212) 2 Army nominations in the rank of general. S. 2143, to provide for the authority for the suc- 7 Coast Guard nominations in the rank of admi- cessors and assigns of the Starr-Camargo Bridge ral. Page S1016 Company to maintain and operate a toll bridge across the Rio Grande near Rio Grande City, Texas. Messages from the House: Pages S990–91 (S. Rept. No. 114–213) Page S994 Measures Referred: Page S991 Relative to the Death of Supreme Court Jus- Measures Held at the Desk: Page S991 tice Antonin Scalia—Agreement: A unanimous- consent agreement was reached providing that at Executive Communications: Pages S991–94 1:45 p.m., on Thursday, February 25, 2016, the Sen- Additional Cosponsors: Pages S995–96 ate begin consideration of S. Res. 374, relating to Statements on Introduced Bills/Resolutions: the death of Antonin Scalia, Associate Justice of the Pages S996–S1003 Supreme Court of the United States, which is at the desk and I ask that it be held, and that Senate then Additional Statements: Pages S989–90 vote on the resolution, and that if the resolution is Amendments Submitted: Pages S1003–15 agreed to, the preamble be agreed to, and that the Authorities for Committees to Meet: Page S1015 motions to reconsider be considered made and laid upon the table, with no intervening action or debate. Privileges of the Floor: Page S1015 Page S1015 Record Votes: One record vote was taken today. Justice Scalia Tributes—Agreement: A unani- (Total—25) Page S974 mous-consent agreement was reached providing that Adjournment: Senate convened at 9:30 a.m. and Senators be permitted to submit tributes to Justice adjourned at 6:22 p.m., until 9:30 a.m. on Thurs- Scalia for the Record until March 10, 2016, and that day, February 25, 2016. (For Senate’s program, see all tributes be printed as a Senate document. the remarks of the Majority Leader in today’s Record Pages S1015–16 on page S1016.) D161

VerDate Sep 11 2014 05:48 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D24FE6.REC D24FEPT1 smartinez on DSK9F6TC42PROD with DIGEST D162 CONGRESSIONAL RECORD — DAILY DIGEST February 24, 2016 Committee Meetings RENEWABLE FUEL STANDARD Committee on Environment and Public Works: Com- (Committees not listed did not meet) mittee concluded an oversight hearing to examine the Renewable Fuel Standard, after receiving testi- APPROPRIATIONS: ARMY mony from Howard Gruenspecht, Deputy Adminis- Committee on Appropriations: Subcommittee on Depart- trator, Energy Information Administration, Depart- ment of Defense concluded a hearing to examine ment of Energy; Janet McCabe, Acting Assistant proposed budget estimates and justification for fiscal Administrator, Office of Air and Radiation, Environ- year 2017 for the Army, after receiving testimony mental Protection Agency; Brooke Coleman, Ad- from Patrick Murphy, Acting Secretary, and General vanced Biofuels Business Council, Boston, Massachu- Mark A. Milley, Chief of Staff, both of the Army, setts; Lucian Pugliaresi, Energy Policy Research Department of Defense. Foundation, Inc., Washington, D.C.; and Ronald E. APPROPRIATIONS: DEPARTMENT OF Minsk, Rockville, Maryland. STATE ENDING MODERN SLAVERY Committee on Appropriations: Subcommittee on State, Foreign Operations, and Related Programs concluded Committee on Foreign Relations: Committee concluded a hearing to examine proposed budget estimates and a hearing to examine ending modern slavery, after justification for fiscal year 2017 for the Department receiving testimony from Cindy H. McCain, The of State, after receiving testimony from John Kerry, McCain Institute for International Leadership Secretary of State. Human Trafficking Advisory Council, and Maurice I. Middleberg, Free the Slaves, both of Washington, APPROPRIATIONS: DEPARTMENT OF D.C., and Evelyn Chumbow, United States Advisory HOMELAND SECURITY Council on Human Trafficking, College Park, Mary- Committee on Appropriations: Subcommittee on Depart- land. ment of Homeland Security concluded a hearing to examine proposed budget estimates and justification UNFUNDED MANDATES REFORM ACT for fiscal year 2017 for the Department of Homeland Committee on Homeland Security and Governmental Af- Security, after receiving testimony from Jeh Johnson, fairs: Subcommittee on Regulatory Affairs and Fed- Secretary of Homeland Security. eral Management concluded a hearing to examine APPROPRIATIONS: NUCLEAR the Unfunded Mandates Reform Act, focusing on REGULATORY COMMISSION opportunities for improvement to support state and local governments, including S. 189, to provide for Committee on Appropriations: Subcommittee on Energy additional safeguards with respect to imposing Fed- and Water Development concluded a hearing to ex- eral mandates, after receiving testimony from Rep- amine budget estimates and justification for fiscal resentative Foxx; Utah Senator Curt Bramble, Na- year 2017 for the Nuclear Regulatory Commission, tional Conference of State Legislatures, Bryan after receiving testimony from Stephen G. Burns, Desloge, National Association of Counties, and Rich- Chairman, and Kristine Svinicki, William ard J. Pierce, Jr., The George Washington Univer- Ostendorff, and Jeff Baran, each a Commissioner, all sity Law School, all of Washington, D.C.; and Paul of the Nuclear Regulatory Commission. Posner, George Mason University Center on the IRANIAN INTELLIGENCE AND MILITARY Public Service, Arlington, Virginia. CAPABILITIES Committee on Armed Services: Subcommittee on Emerg- ZIKA VIRUS ing Threats and Capabilities concluded a closed hear- Committee on Health, Education, Labor, and Pensions: ing to examine Iran’s intelligence and unconven- Committee concluded a hearing to examine the Zika tional military capabilities, after receiving testimony virus, focusing on addressing the growing public from Andrew Exum, Deputy Assistant Secretary for health threat, after receiving testimony from Anne Middle East Policy, Christopher P. Maier, Deputy Schuchat, Principal Deputy Director, Centers for Assistant Secretary for Special Operations and Com- Disease Control and Prevention, Anthony S. Fauci, batting Terrorism, and Brigadier General Michael E. Director, National Institute of Allergy and Infectious Kurilla, Deputy Director for Special Operations and Diseases, National Institutes of Health, and Robin Counter-Terrorism, J–37, and Colonel John F. A. Robinson, Deputy Assistant Secretary and Gonzales, USAF, Deputy Chief for Middle East Di- BARDA Director, Office of the Assistant Secretary rectorate, J–5, both of the Joint Staff, all of the De- for Preparedness and Response, all of the Depart- partment of Defense. ment of Health and Human Services.

VerDate Sep 11 2014 05:48 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D24FE6.REC D24FEPT1 smartinez on DSK9F6TC42PROD with DIGEST February 24, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D163 OPIOID USE AMONG SENIORS Assistant Inspector General, Office of Evaluation and Special Committee on Aging: Committee concluded a Inspections, Office of Inspector General, both of the hearing to examine opioid use among seniors, focus- Department of Health and Human Services; Jerome ing on issues and emerging trends, after receiving Adams, Indiana State Department of Health, Indian- testimony from Sean Cavanaugh, Deputy Adminis- apolis; Steve Diaz, MaineGeneral Health, Augusta; trator and Director, Center for Medicare, Centers for and Sean Mackey, Stanford University School of Medicine Division of Pain Medicine, Palo Alto, Cali- Medicare and Medicaid Services, and Ann Maxwell, fornia. h House of Representatives Chapel International Christian Center, Washington, Chamber Action DC. Page H862 Public Bills and Resolutions Introduced: 16 pub- Suspensions: The House agreed to suspend the rules lic bills, H.R. 4596–4611; and 1 resolution, H. Res. and pass the following measures: 624, were introduced. Pages H891–92 Eric Williams Correctional Officer Protection Additional Cosponsors: Page H893 Act: S. 238, to amend title 18, United States Code, Reports Filed: Reports were filed today as follows: to authorize the Director of the Bureau of Prisons to H.R. 3004, to amend the Gullah/Geechee Cul- issue oleoresin capsicum spray to officers and em- tural Heritage Act to extend the authorization for ployees of the Bureau of Prisons; Pages H865–69 the Gullah/Geechee Cultural Heritage Corridor Commission (H. Rept. 114–430); Amending the Gullah/Geechee Cultural Herit- H.R. 2880, to redesignate the Martin Luther age Act to extend the authorization for the Gullah/ King, Junior, National Historic Site in the State of Geechee Cultural Heritage Corridor Commission: Georgia, and for other purposes, with an amendment H.R. 3004, to amend the Gullah/Geechee Cultural (H. Rept. 114–431); Heritage Act to extend the authorization for the H.R. 812, to provide for Indian trust asset man- Gullah/Geechee Cultural Heritage Corridor Commis- agement reform, and for other purposes, with an sion; Pages H875–76 amendment (H. Rept. 114–432); Martin Luther King, Jr. National Historical H.R. 1475, to authorize a Wall of Remembrance Park Act: H.R. 2880, amended, to redesignate the as part of the Korean War Veterans Memorial and Martin Luther King, Junior, National Historic Site to allow certain private contributions to fund that in the State of Georgia; Pages H876–77 Wall of Remembrance, with an amendment (H. Rept. 114–433); Korean War Veterans Memorial Wall of Re- H.R. 3371, to adjust the boundary of the Ken- membrance Act: H.R. 1475, amended, to authorize nesaw Mountain National Battlefield Park to include a Wall of Remembrance as part of the Korean War the Wallis House and Harriston Hill, and for other Veterans Memorial and to allow certain private con- purposes (H. Rept. 114–434); and tributions to fund that Wall of Remembrance; H.R. 3620, to amend the Delaware Water Gap Pages H877–79 National Recreation Area Improvement Act to pro- Indian Trust Asset Reform Act: H.R. 812, vide access to certain vehicles serving residents of amended, to provide for Indian trust asset manage- municipalities adjacent to the Delaware Water Gap ment reform; Pages H879–84 National Recreation Area, and for other purposes (H. Kennesaw Mountain National Battlefield Park Rept. 114–435). Page H891 Boundary Adjustment Act: H.R. 3371, to adjust Speaker: Read a letter from the Speaker wherein he the boundary of the Kennesaw Mountain National appointed Representative Duncan (TN) to act as Battlefield Park to include the Wallis House and Speaker pro tempore for today. Page H857 Harriston Hill; and Pages H884–86 Recess: The House recessed at 10:47 a.m. and re- Amending the Delaware Water Gap National convened at 12 noon. Page H862 Recreation Area Improvement Act to provide access Guest Chaplain: The prayer was offered by the to certain vehicles serving residents of municipali- Guest Chaplain, Bishop Perry Thompson, Freedom ties adjacent to the Delaware Water Gap National

VerDate Sep 11 2014 05:48 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D24FE6.REC D24FEPT1 smartinez on DSK9F6TC42PROD with DIGEST D164 CONGRESSIONAL RECORD — DAILY DIGEST February 24, 2016 Recreation Area: H.R. 3620, to amend the Dela- from Jeh Johnson, Secretary, Department of Home- ware Water Gap National Recreation Area Improve- land Security. ment Act to provide access to certain vehicles serv- APPROPRIATIONS—DEPARTMENT OF ing residents of municipalities adjacent to the Dela- STATE AND FOREIGN ASSISTANCE ware Water Gap National Recreation Area. Pages H886–87 Committee on Appropriations: Subcommittee on State, Foreign Operations, and Related Programs held a Fraudulent Joinder Prevention Act of 2016— budget hearing on the Department of State and For- Rule for consideration: The House agreed to H. eign Assistance. Testimony was heard from John F. Res. 618, providing for consideration of the bill Kerry, Secretary, Department of State. (H.R. 3624) to amend title 28, United States Code, to prevent fraudulent joinder, by a recorded vote of APPROPRIATIONS—USDA FOOD AND 238 ayes to 180 noes, Roll No. 86, after the pre- NUTRITION SERVICE vious question was ordered by a yea-and-nay vote of Committee on Appropriations: Subcommittee on Agri- 237 yeas to 180 nays, Roll No. 85. Consideration is culture, Rural Development, Food and Drug Admin- expected to resume tomorrow, February 25th. istration, and Related Agencies held a budget hear- Pages H869–74 ing on USDA Food and Nutrition Service. Testi- Presidential Message: Read a message from the mony was heard from Kevin Concannon, Under Sec- President wherein he notified Congress that he had retary, Food, Nutrition, and Consumer Services; Au- issued a Proclamation to modify and continue the drey Rowe, Administrator, Food and Nutrition Serv- national emergency declared in Proclamations 6867 ice; Angela Tagtow, Executive Director, Center for and 7757, relating to Cuba—referred to the Com- Nutrition Policy and Promotion; and Michael mittee on Foreign Affairs and ordered to be printed Young, Budget Officer, Department of Agriculture. (H. Doc. 114–102). Page H874 APPROPRIATIONS—DEPARTMENT OF Senate Referral: S. 2234 was referred to the Com- JUSTICE mittee on Financial Services and the Committee on Committee on Appropriations: Subcommittee on Com- House Administration. Page H889 merce, Justice, Science, and Related Agencies held a Quorum Calls—Votes: One yea-and-nay vote and budget hearing on the Department of Justice. Testi- one recorded vote developed during the proceedings mony was heard from Loretta Lynch, Attorney Gen- of today and appear on pages H873 and H873–74. eral, Department of Justice. There were no quorum calls. UNITED STATES EUROPEAN COMMAND Adjournment: The House met at 10 a.m. and ad- Committee on Appropriations: Subcommittee on Defense journed at 3:37 p.m. held an oversight hearing on United States European Command. Testimony was heard from Philip M. Committee Meetings Breedlove, United States Air Force, Supreme Allied Commander Europe, Commander, United States Eu- STATE OF THE RURAL ECONOMY ropean Command. This hearing was closed. Committee on Agriculture: Full Committee held a hear- APPROPRIATIONS—DEPARTMENT OF ing entitled ‘‘State of the Rural Economy’’. Testi- TRANSPORTATION mony was heard from Thomas J. Vilsack, Secretary, Department of Agriculture. Committee on Appropriations: Subcommittee on Trans- portation, Housing and Urban Development, and APPROPRIATIONS—UNITED STATES Related Agencies held a budget hearing on the De- FOREST SERVICE partment of Transportation. Testimony was heard Committee on Appropriations: Subcommittee on Inte- from Anthony Foxx, Secretary, Department of Trans- rior, Environment, and Related Agencies held a portation. budget hearing on the United States Forest Service. APPROPRIATIONS—USDA FOOD SAFETY Testimony was heard from Tom Tidwell, Chief, AND INSPECTION SERVICE United States Forest Service; and Tony Dixon, Budg- et Director, United States Forest Service. Committee on Appropriations: Subcommittee on Agri- culture, Rural Development, Food and Drug Admin- APPROPRIATIONS—DEPARTMENT OF istration, and Related Agencies held a budget hear- HOMELAND SECURITY ing on USDA Food Safety and Inspection Service. Committee on Appropriations: Subcommittee on Home- Testimony was heard from Al Almanza, Deputy land Security held a budget hearing on the Depart- Under Secretary, Food Safety; and Michael Young, ment of Homeland Security. Testimony was heard Budget Officer, Department of Agriculture.

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THE CHALLENGE OF CONVENTIONAL AND EXAMINING THE POLICIES AND HYBRID WARFARE IN THE ASIA-PACIFIC PRIORITIES OF THE U.S. DEPARTMENT OF REGION: THE CHANGING NATURE OF THE EDUCATION SECURITY ENVIRONMENT AND ITS EFFECT Committee on Education and the Workforce: Full Com- ON MILITARY PLANNING mittee held a hearing entitled ‘‘Examining the Poli- Committee on Armed Services: Full Committee held a cies and Priorities of the U.S. Department of Edu- hearing entitled ‘‘The Challenge of Conventional and cation’’. Testimony was heard from John B. King, Hybrid Warfare in the Asia-Pacific Region: The Acting Secretary, Department of Education. Changing Nature of the Security Environment and THE FISCAL YEAR 2017 HHS BUDGET Its Effect on Military Planning’’. Testimony was heard from Admiral Harry B. Harris, Jr., USN, Committee on Energy and Commerce: Subcommittee on Commander, United States Pacific Command; and Health held a hearing entitled ‘‘The Fiscal Year General Curtis M. Scaparrotti, USA, Commander, 2017 HHS Budget’’. Testimony was heard from Syl- United States Forces Korea. via Mathews Burwell, Secretary, Department of Health and Human Services. DEPARTMENT OF DEFENSE FISCAL YEAR 2017 SCIENCE AND TECHNOLOGY DOE FOR THE 21ST CENTURY: SCIENCE, PROGRAMS: DEFENSE INNOVATION TO ENVIRONMENT, AND NATIONAL CREATE THE FUTURE MILITARY FORCE SECURITY MISSIONS Committee on Armed Services: Subcommittee on Emerg- Committee on Energy and Commerce: Subcommittee on ing Threats and Capabilities held a hearing entitled Oversight and Investigations held a hearing entitled ‘‘Department of Defense Fiscal Year 2017 Science ‘‘DOE for the 21st Century: Science, Environment, and Technology Programs: Defense Innovation to and National Security Missions’’. Testimony was Create the Future Military Force’’. Testimony was heard from Jared L. Cohon, Co-Chairman, Commis- heard from Stephen Welby, Assistant Secretary of sion to Review the Effectiveness of the National En- Defense for Research and Engineering, Office of the ergy Laboratories; TJ Glauthier, Co-Chairman, Com- Under Secretary of Defense for Acquisition, Tech- mission to Review the Effectiveness of the National nology and Logistics; Mary Miller, Deputy Assistant Energy Laboratories; and public witnesses. Secretary of the Army for Research and Technology, MISCELLANEOUS MEASURES Office of the Assistant Secretary of the Army for Ac- Committee on Energy and Commerce: Full Committee quisition, Logistics and Technology; Rear Admiral began a markup on the ‘‘Small Business Broadband Mathias W. Winter, USN, Chief of Naval Research Deployment Act’’; a bill to promote a 21st century and Director, Innovation Technology Requirements, energy and manufacturing workforce; H.R. 1268, and Test and Evaluation (N84); David Walker, Dep- the ‘‘Energy Efficient Government Technology Act’’; uty Assistant Secretary of the Air Force for Science, H.R. 2984, the ‘‘Fair RATES Act’’; H.R. 3021, the Technology and Engineering, Office of the Assistant ‘‘AIR Survey Act of 2015’’; H.R. 3797, the ‘‘Satis- Secretary of the Air Force for Acquisition; and Arati fying Energy Needs and Saving the Environment Prabhakar, Director, Defense Advanced Research (SENSE) Act’’; H.R. 4238, to amend the Depart- Projects Agency. ment of Energy Organization Act and the Local U.S. STRATEGIC FORCES POSTURE Public Works Capital Development and Investment Committee on Armed Services: Subcommittee on Stra- Act of 1976 to modernize terms relating to minori- tegic Forces held a hearing entitled ‘‘U.S. Strategic ties; H.R. 4427, to amend section 203 of the Federal Forces Posture’’. Testimony was heard from Brian Power Act; H.R. 4444, the ‘‘EPS Improvement McKeon, Principal Deputy Under Secretary of De- Act’’; H.R. 4557, the ‘‘Blocking Regulatory Inter- fense for Policy, Department of Defense; and Admi- ference from Closing Kilns (BRICK) Act’’; H.R. ral Cecil Haney, Commander, U.S. STRATCOM. 2080, to extend the deadline for commencement of construction of a hydroelectric project involving DEFENSE HEALTH AGENCY: BUDGETING Clark Canyon Dam; H.R. 2081, to extend the dead- AND STRUCTURE line for commencement of construction of a hydro- Committee on Armed Services: Subcommittee on Mili- electric project involving the Gibson Dam; H.R. tary Personnel held a hearing entitled ‘‘Defense 3447, to extend the deadline for commencement of Health Agency: Budgeting and Structure’’. Testi- construction of a hydroelectric project involving the mony was heard from Jonathan Woodson, Assistant W. Kerr Scott Dam; H.R. 4411, to extend the dead- Secretary of Defense for Health Affairs, Department line for commencement of construction of a hydro- of Defense; and Vice Admiral Raquel C. Bono, Med- electric project involving the Gathright Dam; H.R. ical Corps, USN, Director, Defense Health Agency. 4416, to extend the deadline for commencement of

VerDate Sep 11 2014 07:36 Jun 09, 2016 Jkt 049060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\RECORD16\FEB2016\D24FE6.REC D24FE6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D166 CONGRESSIONAL RECORD — DAILY DIGEST February 24, 2016 construction of a hydroelectric project involving the MISCELLANEOUS MEASURE Jennings Randolph Dam; H.R. 4412, to extend the Committee on the Judiciary: Full Committee held a deadline for commencement of construction of a hy- markup on H.R. 3892, the ‘‘Muslim Brotherhood droelectric project involving the Flannagan Dam; Terrorist Designation Act of 2015’’. H.R. 3892 was and H.R. 4434, to extend the deadline for com- ordered reported, as amended. mencement of construction of a hydroelectric project involving the Cannonsville Dam. TRIPLE THREAT TO WORKERS AND HOUSEHOLDS: IMPACTS OF FEDERAL THE IMPACT OF THE DOD-FRANK ACT REGULATIONS ON JOBS, WAGES AND AND BASEL III ON THE FIXED INCOME STARTUPS MARKET AND SECURITIZATIONS Committee on the Judiciary: Subcommittee on Regu- Committee on Financial Services: Subcommittee on Cap- latory Reform, Commercial and Antitrust Law held ital Markets and Government Sponsored Enterprises a hearing entitled ‘‘Triple Threat to Workers and held a hearing entitled ‘‘The Impact of the Dodd- Households: Impacts of Federal Regulations on Jobs, Frank Act and Basel III on the Fixed Income Market Wages and Startups’’. Testimony was heard from and Securitizations’’. Testimony was heard from pub- public witnesses. lic witnesses. THE 2016 CALIFORNIA WATER SUPPLY ˜ MISCELLANEOUS MEASURES OUTLOOK DURING THE EL NINO AND THREE YEARS OF RESTRICTED WATER Committee on Foreign Affairs: Full Committee held a DELIVERIES markup on H. Res. 148, calling on the government of Iran to fulfill their promises of assistance in this Committee on Natural Resources: Subcommittee on case of Robert Levinson, the longest held United Water, Power and Oceans held a hearing entitled States hostage in our Nation’s history; H. Res. 551, ‘‘The 2016 California Water Supply Outlook During recognizing the importance of the United States- the El Nin˜o and Three Years of Restricted Water Israel economic relationship and encouraging new Deliveries’’. Testimony was heard from David areas of cooperation; H.R. 3924, the ‘‘Global Devel- Murillo, Regional Director, Mid-Pacific Region, Bu- opment Lab of 2015’’; and H.R. 4403, the ‘‘Enhanc- reau of Reclamation, Department of the Interior; and ing Overseas Traveler Vetting Act’’. H. Res. 148 public witnesses. and H.R. 3924 were ordered reported, as amended. THE IMPOSITION OF NEW REGULATIONS H. Res. 551 and H.R. 4403 were ordered reported, THROUGH THE PRESIDENT’S without amendment. MEMORANDUM ON MITIGATION ESTABLISHING ACCOUNTABILITY AT THE Committee on Natural Resources: Subcommittee on WORLD INTELLECTUAL PROPERTY Oversight and Investigations held a hearing entitled ORGANIZATION: ILLICIT TECHNOLOGY ‘‘The Imposition of New Regulations Through the TRANSFERS, WHISTLEBLOWING, AND President’s Memorandum on Mitigation’’. Testimony REFORM was heard from Michael Bean, Principal Deputy As- sistant Secretary, Fish and Wildlife Service, Depart- Committee on Foreign Affairs: Subcommittee on Africa, ment of the Interior; Brian Ferebee, Associate Dep- Global Health, Global Human Rights, and Inter- uty Chief, National Forest System, U.S. Forest Serv- national Organizations; Subcommittee on the Middle ice, Department of Agriculture; and Christy East and North Africa; and Subcommittee on Asia Goldfuss, Managing Director, Council on Environ- and the Pacific, held a joint hearing entitled ‘‘Estab- mental Quality. lishing Accountability at the World Intellectual Property Organization: Illicit Technology Transfers, LEGISLATIVE MEASURES Whistleblowing, and Reform’’. Testimony was heard Committee on Natural Resources: Subcommittee on In- from public witnesses. dian, Insular and Alaska Native Affairs held a hear- ing on H.R. 3477, the ‘‘Native American Tourism BOKO HARAM: THE ISLAMIST and Improving Visitor Experience Act’’; and H.R. INSURGENCY IN WEST AFRICA 3599, the ‘‘Eastern Band Cherokee Historic Lands Committee on Foreign Affairs: Subcommittee on Ter- Reacquisition Act’’. Testimony was heard from Ann rorism, Nonproliferation, and Trade held a hearing Marie Bledsoe Downes, Deputy Assistant Secretary, entitled ‘‘Boko Haram: The Islamist Insurgency in Indian Affairs for Policy and Economic Develop- West Africa’’. Testimony was heard from public wit- ment, Department of the Interior; and public wit- nesses. nesses.

VerDate Sep 11 2014 05:48 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D24FE6.REC D24FEPT1 smartinez on DSK9F6TC42PROD with DIGEST February 24, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D167 THE ZIKA VIRUS: COORDINATION OF A timony from Dale Barnett, The American Legion, MULTI-AGENCY RESPONSE Douglasville, Georgia. Committee on Oversight and Government Reform: Sub- f committee on Transportation and Public Assets held a hearing entitled ‘‘The Zika Virus: Coordination of COMMITTEE MEETINGS FOR THURSDAY, a Multi-Agency Response’’. Testimony was heard FEBRUARY 25, 2016 from Anne Schuchat, Principal Deputy Director, (Committee meetings are open unless otherwise indicated) Centers for Disease Control and Prevention; Anthony Fauci, Director, National Institute of Allergy and In- Senate fectious Diseases, National Institutes of Health; John Committee on Appropriations: Subcommittee on Com- Armstrong, Surgeon General and Secretary of merce, Justice, Science, and Related Agencies, to hold Health, State of Florida; and a public witness. hearings to examine proposed budget estimates and jus- UNLOCKING THE SECRETS OF THE tification for fiscal year 2017 for the Department of Jus- UNIVERSE: GRAVITATIONAL WAVES tice, 10:30 a.m., SD–192. Committee on Armed Services: to hold hearings to examine Committee on Science, Space, and Technology: Full Com- the nominations of Brad R. Carson, of Oklahoma, to be mittee held a hearing entitled ‘‘Unlocking the Se- Under Secretary for Personnel and Readiness, Jennifer M. crets of the Universe: Gravitational Waves’’. Testi- O’Connor, of Maryland, to be General Counsel, and Todd mony was heard from Fleming Crim, Assistant Di- A. Weiler, of Virginia, to be an Assistant Secretary, all rector, Directorate of Mathematical and Physical of the Department of Defense, 9:30 a.m., SD–G50. Sciences, National Science Foundation; and public Committee on Health, Education, Labor, and Pensions: to witnesses. hold hearings to examine the nomination of John B. King, of New York, to be Secretary of Education, 2 p.m., A REVIEW OF UNITED STATES ARMY SD–430. CORPS OF ENGINEERS REPORTS TO Committee on Homeland Security and Governmental Affairs: CONGRESS ON FUTURE WATER to hold hearings to examine connecting patients to new RESOURCES DEVELOPMENT AND CHIEF’S and potential life saving treatments, 10 a.m., SD–342. REPORTS Committee on Indian Affairs: to hold hearings to examine the Tribal Law and Order Act 5 years later, focusing on Committee on Transportation and Infrastructure: Sub- the next steps to improve justice systems in Indian com- committee on Water Resources and Environment munities, 1:30 p.m., SH–216. held a hearing entitled ‘‘A Review of United States Committee on the Judiciary: Subcommittee on Immigra- Army Corps of Engineers Reports to Congress on tion and the National Interest, to hold hearings to exam- Future Water Resources Development and Chief’s ine the impact of high-skilled immigration on United Reports’’. Testimony was heard from Jo-Ellen Darcy, States workers, 2:30 p.m., SD–226. Assistant Secretary of the Army, Civil Works; and Committee on Small Business and Entrepreneurship: to hold hearings to examine changes to the United States patent Lieutenant General Thomas Bostick, Chief of Engi- system and impacts on America’s small businesses, 10 neers, Army Corps of Engineers. a.m., SR–428A. GLOBAL TAX ENVIRONMENT IN 2016 AND Select Committee on Intelligence: to hold closed hearings to NEED TO REFORM AND MODERNIZE THE examine certain intelligence matters, 2 p.m., SH–219. U.S. INTERNATIONAL TAX SYSTEM House Committee on Ways and Means: Full Committee held Committee on Agriculture, Subcommittee on Commodity a hearing on the global tax environment in 2016 Exchanges, Energy, and Credit, hearing to review the and how recent developments are further escalating G–20 swap data reporting goals, 10 a.m., 1300 Long- the immediate need to reform and modernize the worth. U.S. international tax system. Testimony was heard Committee on Appropriations, Subcommittee on Interior, from public witnesses. Environment, and Related Agencies, budget hearing on the Indian Health Service, 9 a.m., B–308 Rayburn. Subcommittee on Military Construction, Veterans Af- Joint Meetings fairs, and Related Agencies, oversight hearing on Veterans THE AMERICAN LEGION LEGISLATIVE Affairs Office of the Inspector General, 9:30 a.m., PRESENTATION 2362–B Rayburn. Subcommittee on Defense, budget hearing on the De- Committee on Veterans’ Affairs: Senate Committee con- partment of Defense, 10 a.m., 2359 Rayburn. cluded a joint hearing with the House Committee Subcommittee on Labor, Health and Human Services, on Veterans’ Affairs to examine the legislative pres- and Education, budget hearing on Department of Health entation of The American Legion, after receiving tes- and Human Services, 10 a.m., 2358–C Rayburn.

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Subcommittee on Agriculture, Rural Development, Subcommittee on Housing and Insurance, hearing enti- Food and Drug Administration, and Related Agencies, tled ‘‘The Impact of International Regulatory Standards budget hearing on the Food and Drug Administration, on the Competitiveness of U.S. Insurers: Part II’’, 2 p.m., 10:30 a.m., 2362–A Rayburn. 2128 Rayburn. Subcommittee on Interior, Environment, and Related Committee on Foreign Affairs, Full Committee, hearing Agencies, budget hearing on the Office of Navajo and entitled ‘‘Strengthening U.S. Leadership in a Turbulent Hopi Indian Relocation, 1 p.m., B–308 Rayburn. World: The FY 2017 Foreign Affairs Budget’’, 9:30 a.m., Subcommittee on Commerce, Justice, Science, and Re- 2172 Rayburn. lated Agencies, budget hearing on the Federal Bureau of Committee on Homeland Security, Subcommittee on Over- Investigation, 2 p.m., H–309 Capitol. sight and Management Efficiency, hearing entitled ‘‘Prob- Subcommittee on Financial Services and General Gov- ing DHS’s Botched Management of the Human Resources ernment, budget hearing on the Consumer Product Safety Information Technology Program’’, 10 a.m., 311 Cannon. Commission, 2 p.m., HT–2 Capitol. Subcommittee on Cybersecurity, Infrastructure Protec- Committee on Armed Services, Full Committee, hearing tion, and Security Technologies, hearing entitled ‘‘Emerg- entitled ‘‘Full Spectrum Security Challenges in Europe ing Cyber Threats to the United States’’, 2 p.m., 311 and their Effects on Deterrence and Defense’’, 10 a.m., Cannon. 2118 Rayburn. Committee on the Judiciary, Full Committee, hearing en- Subcommittee on Seapower and Projection Forces, titled ‘‘International Conflicts of Law Concerning Cross hearing entitled ‘‘Department of the Navy 2017 Budget Border Data Flow and Law Enforcement Requests’’, 10 Request and Seapower and Projection Forces’’, 2 p.m., a.m., 2141 Rayburn. 2212 Rayburn. Committee on Natural Resources, Full Committee, hearing Committee on Education and the Workforce, Full Com- entitled ‘‘The U.S. Department of Treasury’s Analysis of mittee, hearing entitled ‘‘Next Steps for K–12 Education: the Situation in Puerto Rico’’, 10 a.m., 1324 Longworth. Upholding the Letter and Intent of the Every Student Subcommittee on Federal Lands, hearing on H.R. Succeeds Act’’, 10 a.m., 2175 Rayburn. 2316, the ‘‘Self-Sufficient Community Lands Act’’; H.R. Committee on Energy and Commerce, Full Committee, 3650, the ‘‘State National Forest Management Act of markup on the ‘‘Small Business Broadband Deployment 2015’’; H.R. 3826, the ‘‘Mount Hood Cooper Spur Land Act’’; a bill to promote a 21st century energy and manu- Exchange Clarification Act’’; H.R. 4510, the ‘‘Bolts Ditch facturing workforce; H.R. 1268, the ‘‘Energy Efficient Access and Use Act’’; and H.R. 4579, the ‘‘Utah Test Government Technology Act’’; H.R. 2984, the ‘‘Fair and Training Range Encroachment Prevention and Tem- RATES Act’’; H.R. 3021, the ‘‘AIR Survey Act of 2015’’; porary Closure Act’’, 2 p.m., 1334 Longworth. H.R. 3797, the ‘‘Satisfying Energy Needs and Saving the Committee on Oversight and Government Reform, Full Com- mittee, hearing entitled ‘‘Security Clearance Reform: The Environment (SENSE) Act’’; H.R. 4238, to amend the Performance Accountability Council’s Path Forward’’, 10 Department of Energy Organization Act and the Local a.m., 2154 Rayburn. Public Works Capital Development and Investment Act Subcommittee on Health Care, Benefits and Adminis- of 1976 to modernize terms relating to minorities; H.R. trative Rules, hearing entitled ‘‘Review of Consumer Op- 4427, to amend section 203 of the Federal Power Act; erated and Oriented Plans (CO-OPs)’’, 2 p.m., 2154 Ray- H.R. 4444, the ‘‘EPS Improvement Act’’; H.R. 4557, the burn. ‘‘Blocking Regulatory Interference from Closing Kilns Committee on Science, Space, and Technology, Full Com- (BRICK) Act’’; H.R. 2080, to extend the deadline for mittee, hearing entitled ‘‘The Space Leadership Preserva- commencement of construction of a hydroelectric project tion Act and the Need for Stability at NASA’’, 10 a.m., involving Clark Canyon Dam; H.R. 2081, to extend the 2318 Rayburn. deadline for commencement of construction of a hydro- Committee on Small Business, Subcommittee on Con- electric project involving the Gibson Dam; H.R. 3447, to tracting and the Workforce, hearing entitled ‘‘Hotline extend the deadline for commencement of construction of Truths: Issues Raised by Recent Audits of Defense Con- a hydroelectric project involving the W. Kerr Scott Dam; tracting’’, 10 a.m., 2360 Rayburn. H.R. 4411, to extend the deadline for commencement of Committee on Transportation and Infrastructure, Sub- construction of a hydroelectric project involving the committee on Railroads, Pipelines, and Hazardous Mate- Gathright Dam; H.R. 4416, to extend the deadline for rials, hearing entitled ‘‘Reauthorization of DOT’s Pipeline commencement of construction of a hydroelectric project Safety Program’’, 10 a.m., 2167 Rayburn. involving the Jennings Randolph Dam; H.R. 4412, to Committee on Veterans’ Affairs, Full Committee, business extend the deadline for commencement of construction of meeting for the official Committee photo of the 114th a hydroelectric project involving the Flannagan Dam; and Congress; markup of H.R. 4336, the ‘‘Women Airforce H.R. 4434, to extend the deadline for commencement of Service Pilot Arlington Inurnment Restoration Act’’; construction of a hydroelectric project involving the H.R. 4063, the ‘‘Jason Simcakoski PROMISE Act’’; H.R. Cannonsville Dam (continued), 10 a.m., 2123 Rayburn. 4129, the ‘‘Jumpstart VA Construction Act’’; H.R. 1769, Committee on Financial Services, Subcommittee on Over- the ‘‘Toxic Exposure Research Act of 2015’’; H.R. 3484, sight and Investigations, hearing entitled ‘‘Puerto Rico’s the ‘‘Los Angeles Homeless Veterans Leasing Act of Debt Crisis and Its Impact on the Bond Markets’’, 10 2015’’; draft legislation to authorize the Secretary of Vet- a.m., 2128 Rayburn. erans Affairs to enter into agreements with certain health

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care providers to furnish hospital care, medical services, Permanent Select Committee on Intelligence, Full Com- and extended care to veterans; and draft legislation of the mittee, hearing entitled ‘‘World Wide Threats’’, 9 a.m., ‘‘FY 2016 VA Seismic Safety, Construction, and Lease HVC–210. Authorization Act’’, 10:15 a.m., 334 Cannon. Full Committee, hearing entitled ‘‘World Wide Threats’’, 10 a.m., HVC–304. This hearing will be closed.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, February 25 10 a.m., Thursday, February 25

Senate Chamber House Chamber Program for Thursday: Senate will be in a period of Program for Thursday: Continue consideration of H.R. morning business. At 1:45 p.m., Senate will begin con- 3624—Fraudulent Joinder Prevention Act. Consideration sideration of S. Res. 374, relating to the death of of H.R. 2406—Sportsmen’s Heritage and Recreational Antonin Scalia, Associate Justice of the Supreme Court of Enhancement (SHARE) Act (Subject to a Rule). the United States, and vote on adoption of the resolution.

Extensions of Remarks, as inserted in this issue

HOUSE Coffman, Mike, Colo., E203 Jackson Lee, Sheila, Tex., E206, E209 Comstock, Barbara, Va., E211 Johnson, Henry C. ‘‘Hank’’, Jr., Ga., E205, E207, E210 Aguilar, Pete, Calif., E203 Dingell, Debbie, Mich., E209 Kinzinger, Adam, Ill., E212 Barr, Andy, Ky., E205, E207, E208 Frelinghuysen, Rodney P., N.J., E204 Luetkemeyer, Blaine, Mo., E203, E203 Bonamici, Suzanne, Ore., E211 Green, Gene, Tex., E206 Meehan, Patrick, Pa., E204, E205 Bordallo, Madeleine Z., Guam, E208, E210 Higgins, Brian, N.Y., E205, E206, E206, E207, E208, Perry, Scott, Pa., E205, E208 Capps, Lois, Calif., E204 E208, E209, E210, E210, E211 Cartwright, Matt, Pa., E203 Issa, Darrell E., Calif., E212 Walden, Greg, Ore., E208

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