Senate the Senate Met at 10 A.M

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

Vol. 162 WASHINGTON, TUESDAY, SEPTEMBER 27, 2016 No. 146 Senate The Senate met at 10 a.m. and was My home State of Kentucky is one of day’s vote on the clean CR-Zika pack- called to order by the President pro more than two dozen States that have age. Remember, this is a 10-week fund- tempore (Mr. HATCH). signed on to that suit, and I have been ing bill. Its contents command broad f proud to lead efforts in support of the support. It contains zero controversial Commonwealth on this issue. In fact, I riders from either party. PRAYER joined Chairman INHOFE, more than 30 Can it really be that Democratic The Chaplain, Dr. Barry C. Black, of- other Senators, and more than 170 Rep- leaders have embraced dysfunction so fered the following prayer: resentatives in filing an amicus brief thoroughly that they attack a non- Let us pray. to push back on the President’s power controversial 10-week funding bill Immortal, invisible, God only wise, grab. over—what exactly? Now, remember, do not stand far from us, for we need I was pleased that the Supreme Court the reason we are in this position is You every hour. stepped in earlier this year to issue an that our friends on the other side May our lawmakers remember that unprecedented stay of this plan until didn’t want to have a regular appro- their success comes from You. Give the Federal courts review it. priations process. Does anybody know them the wisdom to seek justice, to In light of the court’s hold on the what the issue is? Do they even know? love mercy, and to walk humbly with plan, I wrote a letter encouraging the The rationale seems to change by the You. Lord, free them from any entan- Governors of all 50 States to take ad- hour. What we do know is it has almost glements that dishonor You. Protect vantage of this much-needed reprieve nothing to do with what is actually in them from dangers, seen and unseen, as and to adopt a wait-and-see approach the bill. They have agreed to its spend- they strive to return good for evil. before complying with the plan’s standing levels, so it isn’t that. They have When they feel overwhelmed, remind ards. agreed to its compromise Zika pack- As I noted then, the President’s plan them that, in everything, You are age, so it can’t be that. They have is yet another example of Executive working for the good of those who love agreed with us to help veterans and overreach patterned after this adminis- You. those hurt by floods and the heroin and tration’s political and ideological agen- Help us all to strive to glorify You in prescription opioid crisis, too, so it da, rather than scientific evidence. every action, both large and small. This massive regulatory overreach can’t be that either. We also know that the Senate has al- We pray in Your strong Name. Amen. would cause energy bills to skyrocket. f It would strike at the most vulnerable. ready voted to pass assistance for families affected by lead poisoning in PLEDGE OF ALLEGIANCE It would ship middle class jobs overseas. It would bring further harm to Flint—in its proper vehicle—the Water The President pro tempore led the families like those in Kentucky who Resources Development Act, with Pledge of Allegiance, as follows: have been devastated by this adminis- Chairman INHOFE pledging to continue I pledge allegiance to the Flag of the tration’s anticoal policies. And it to pursue resources for Flint once the United States of America, and to the Repub- would do little to nothing to actually bill goes to conference. So Flint can’t lic for which it stands, one nation under God, achieve its intended purpose—reducing really be an issue either. And the indivisible, with liberty and justice for all. global emissions. White House said yesterday that the f This plan, which I have long believed WRDA bill is an appropriate vehicle for may not be upheld in court, could place the Flint funding. RECOGNITION OF THE MAJORITY It is almost as if a few Democratic LEADER significant legal and economic burdens on our States. That is why I have en- leaders decided long ago that bringing The PRESIDING OFFICER (Mr. COT- couraged them to take advantage of our country to the brink would make TON). The majority leader is recog- the court’s stay as we await a final rul- for good election-year politics, and nized. ing. then they have just made up a ration- f I look forward to today’s hearing, ale as they go along. But that couldn’t which is an important step in deter- really be true, could it? Could it be HEARING ON THE PRESIDENT’S mining whether the President’s mis- true? POWER PLAN guided plan will survive legal scrutiny. That would mean Democrats have Mr. MCCONNELL. Mr. President, f been playing politics with the lives of today the U.S. Court of Appeals for the expectant mothers and babies suffering D.C. Circuit will hear arguments in the CONTINUING RESOLUTION from Zika after a few months ago de- case challenging the merits of the Mr. MCCONNELL. Mr. President, I manding immediate action. That would President’s so-called Clean Power Plan. wish to bring a little perspective to to- mean Democrats have been playing

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

S6091

VerDate Sep 11 2014 04:34 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A27SE6.000 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6092 CONGRESSIONAL RECORD — SENATE September 27, 2016 politics with the lives of those strug- Republicans. I appreciate the good But would it be asking too much for gling with the heroin and prescription work done by appropriators, on our the Speaker of the House and the Re- opioid crisis after promising they side lead by Senator MIKULSKI. They publican leader of the Senate to stand would help. That would mean Demo- have done good work, and tremendous and say: We are going to get that thing crats have been playing politics with progress has been made. done. We are going to pass it; we are the lives of flood victims after saying The Republican proposal will likely going to make sure that the bill that they cared. fail to get cloture this afternoon, and passed overwhelmingly here in the Sen- I know our Democratic friends for good reason. The Republican legis- ate is going to become law. But they wouldn’t want the American people to lation misses the mark. It seeks to ignored that. They ignored the people think that. keep in place the status quo with re- of Flint. I hope every one of our Democratic gard to undisclosed, unaccountable We are happy to help with the dis- friends will show us today that they dark money that is flooding our polit- aster that took place in Louisiana. are actually serious about supporting ical system. Since the Republican leader is here, we veterans and tackling Zika and flood On the way to work this morning, I have been happy to help with all of the relief and the heroin and prescription learned that the National Rifle Asso- problems, the emergencies they have opioid crisis, and we all know the way ciation is placing another $1 million of had in Texas. We stepped up to the to do that is by supporting the legisla- TV ads in Nevada. We all know that plate, and we took care of that. We tion before us that actually does those the National Rifle Association was were happy to do that in Louisiana. things. really good at direct mailing. They This will not be the reason I will not This 10-week funding bill need not be, raised that money from their members. support this legislation, but I think as some Democratic leaders seem to That is not how it works now. Most of Louisiana deserved more than what is wish, some titanic struggle for the the NRA money comes from the Koch in this bill. The emergency declaration ages. It is just a 10-week funding bill. It brothers. We are fortunate there are for them is $2.8 billion, and in this bill is hard to believe Democrats would not two Trumps. That is the dark there is $500 million, and they will get really be willing to hold up this com- money we are talking about. Those ads most of that. A little bit will go to monsense package and its critical re- will say NRA, but it is not NRA money. West Virginia, and some—a little bit, even less—will go to Maryland. It will sources to address Zika, the heroin and The ads will say the Chamber of Com- be distributed on a proportionate basis. prescription opioid epidemic, and merce, but it is not Chamber of Com- But couldn’t they help Flint? floods. merce money. It is all Koch money. It is how it works with the dark money, Here was the response of the junior The clean CR-Zika package before us Senator from Louisiana: That is some- is fair. It is a result of literally weeks nondisclosed money. And the provision my friend the Republican leader has to one else’s grief. That is what he said: of bipartisan negotiations. It does the That is someone else’s grief. Louisiana have in this resolution is this: The Se- very things Members of both parties wasn’t someone else’s grief when the curities and Exchange Commission will and, more importantly, our constitu- hurricanes struck. It was our grief. The be powerless to tell corporations that ents have been calling for. junior Senator from Louisiana should they have to disclose their campaign We really cannot afford to delay any understand that he is a U.S. Senator, contributions. They have to disclose longer. Passing this clean CR-Zika not a State senator from Louisiana. It everything else at their shareholders package should be one of the easiest is not someone else’s grief; it is our meeting, but not that; oh, no, that votes we cast. grief. f would be terrible, any type of disclo- The Republicans are essentially say- sure. We want to keep all of this money ORDER OF PROCEDURE ing that disasters in our States are out there dark, secret—no one knows. more important than disasters in your Mr. MCCONNELL. Mr. President, I All of these phony names they adver- State. It is unfair and it is wrong. ask unanimous consent that the Sen- tise are just so unfair. This morning my leadership team ate recess from 3 p.m. until 4 p.m. The Republican bill includes a rider sent a letter to the Republican leader. today for an all-Senators briefing; fur- to the government funding bill that DURBIN, SCHUMER, and MURRAY—they ther, that the time from 10:45 a.m. prevents shareholders from knowing sent a letter to the Republican leader until 11:30 a.m. be under the control of how their money is being used in polit- encouraging the Republicans to come the majority, and 4 p.m. until 5 p.m. be ical campaigns. Again, the Republican back and give us a solution for the peo- under the control of the Democrats. leader is trying to shut the door on dis- ple of Flint. The PRESIDING OFFICER. Is there closure. After the vote on the Republican CR objection? The Republican continuing resolu- this afternoon, I encourage my Repub- Without objection, it is so ordered. tion also ignores the 21⁄2-year crisis in lican colleagues to help us have some f Flint, MI. Lead has poisoned all 100,000 degree of certainty that the people of people—almost 10,000 children, some of Flint will be helped. It is not deficit RECOGNITION OF THE MINORITY whom are babies. Lead is a killer for spending even though it is an emer- LEADER children. After a short period of time— gency. I believe it should be taken care The PRESIDING OFFICER. The a month, a few weeks—a child who in- of just like we had taken care of Lou- Democratic leader is recognized. gests lead in any way, whether they are isiana. It is paid for. In fact, I com- f eating paint off the floor but certainly mend Senators STABENOW and PETERS drinking water, will be affected the CONTINUING RESOLUTION for taking money from a program they rest of their lives. They will not be as have in Michigan to pay for this. It is Mr. REID. Mr. President, the Repub- smart as they could be; they will not not deficit spending. Why can’t we do lican leader just said: What are the be as agile as they could be. It really it? The reasons are apparent, and that Democrats trying to do, have built-in hurts them. And it is not good for is too bad. dysfunction? adults. So after 21⁄2 years, don’t those This doesn’t need to be a manufac- During the 8 years I was majority people deserve something? tured crisis. We know the Republicans leader, we had to overcome 644 filibus- The Republican leader said there is a know how to close the Senate. They ters led by the Republicans—644. A water resources development bill, and I did it for 17 days, and they have done it comparable time: Lyndon Johnson, acknowledge that. I think good work another time. We don’t need to have who was the majority leader for 6 was done to get that passed. I said yes- this manufactured crisis. We want to years, had to overcome one and, argu- terday, and I will say again today, that make sure that Flint has some degree ably, two filibusters. Two compared to I appreciate the work of Senator of certainty that after 21⁄2 years they 644, so don’t lecture us on building dys- INHOFE. He has worked with one of the would get some help. We need to work function. They have invented it in the most liberal Members of the Senate, together to keep our government prop- modern Senate. BARBARA BOXER, and he is one of the erly funded and the people of Flint pro- This afternoon the Senate will vote most conservative, and they did good tected. Certainly, we should be able to on cloture on the CR proposed by the work and I appreciate it very much. do that.

VerDate Sep 11 2014 00:50 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.002 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6093 DONALD TRUMP LEGISLATIVE BRANCH a bipartisan way to appropriate the Mr. REID. Mr. President, last night APPROPRIATIONS ACT, 2017 money to fund the government so the the Republican nominee for President The PRESIDING OFFICER. Under government would continue to func- failed to give any assurance of any the previous order, the Senate will re- tion. We could have finished this job a kind or a coherent explanation as to sume consideration of H.R. 5325, which long time ago, but our Democratic colleagues simply made it clear that they why he refuses to release his tax re- the clerk will report. wouldn’t lose any sleep even as we get turns—because there is no coherent The senior assistant legislative clerk closer and closer to the funding dead- reason. It is hard to give one when read as follows: line. there isn’t one. A bill (H.R. 5325) making appropriations This is actually the narrative they for the Legislative Branch for the fiscal year He said he couldn’t release his tax in- hoped for all along. They want to talk formation because the Internal Rev- ending September 30, 2017, and for other purposes. about shutdowns or potential shut- enue Service hasn’t certified it. Every- downs that they, in fact, could cause, Pending: one debunks that—everyone, except not because of anything that we have Donald Trump. But even as Trump McConnell (for Cochran) amendment No. done on this side of the aisle. tried to say nothing about his tax re- 5082, in the nature of a substitute. The Appropriations Committee, turns, he revealed at least one shock- McConnell amendment No. 5083 (to amendment No. 5082), to change the enactment chaired by Senator COCHRAN, and the ing truth: Donald Trump thinks that date. Appropriations subcommittees have paying taxes is a fool’s errand. People McConnell amendment No. 5084 (to amend- voted out on a bipartisan basis all 12 shouldn’t pay taxes. He said—and it ment No. 5083), of a perfecting nature. appropriations bills, and they have was reported at least five times in McConnell amendment No. 5085 (to the lan- done their work. Many of them have three decades—that he paid nothing in guage proposed to be stricken by amendment passed unanimously. Most of them Federal income taxes, and Secretary No. 5082), to change the enactment date. have passed overwhelmingly with bi- McConnell amendment No. 5086 (to amend- Clinton alluded to that fact in last ment No. 5085), of a perfecting nature. partisan support, which is very encour- night’s debate. Donald Trump’s re- McConnell motion to commit the bill to aging. So our Democratic colleagues sponse was this: ‘‘That makes me the Committee on Appropriations, with in- have had a lot of participation and a smart.’’ So what does that make the structions, McConnell amendment No. 5087, lot of influence, as I know they would rest of us—suckers, unintelligent, to change the enactment date. want, in the priorities of the Federal dumb? He is smart; so does that make McConnell amendment No. 5088 (to (the in- Government as reflected in the appro- us dumb because we pay our taxes? He structions) amendment No. 5087), of a per- priations bill. Of course, that wasn’t fecting nature. good enough, and that didn’t meet knows that refusing to pay taxes McConnell amendment No. 5089 (to amend- makes him, as we have come to learn, ment No. 5088), of a perfecting nature. their underlying need, which is to try to gain any advantage they possibly a scam artist. He is good at that. Every The PRESIDING OFFICER. The as- can when it comes to spending levels or day that he refuses to release his tax sistant majority leader. in the upcoming November 8 election, returns is another slap in the face to Mr. CORNYN. Mr. President, I came which very much appears to be on the the American people. People running to the floor to talk about the pending Democratic leader’s mind as he con- for office for scores of decades have re- business, but I have to just comment tinues to come to the floor and talk leased their income taxes. That may be based on what the Democratic leader about the Presidential race rather than a little bit of an exaggeration, but let’s has said. Apparently, he has so little say that for the last 70 years, they have the pending business. confidence in his party’s nominee for Of course, now we know that we are released their income tax returns. So President that he insists on coming to why won’t he release his? Why doesn’t running out of time. So the majority the floor every day that we are in ses- leader, Senator MCCONNELL, has now he do this? Because the tax returns sion, trying to assist her by making ar- would show that he is not the rich guy proposed to call their bluff. They said guments either she cannot make or they wanted a clean continuing resolu- he thinks he is. Tax returns would that she has not made. We do have show he is a spoiled, rich brat who in- tion. As a matter of fact, the Demo- pending business that is very impor- cratic leader said last week that if a herited his daddy’s money and hasn’t tant and which I know he would agree done so well with it. After $14 million, clean continuing resolution were is important, and that is to keep the brought to a vote, we could ‘‘leave in 10 he hasn’t done that well with how government running past the end of much his dad gave him. Trump’s tax minutes.’’ That is what the Democratic this fiscal year, which ends on Friday. leader said last week. But as of yester- returns would show he isn’t as gen- That actually is the subject that I erous as he claims to be and that he day, we know he changed his tune. He came here to talk about. We are con- said a clean CR wasn’t near enough. He uses charities as his personal slush tinuing to work on a continuing resolu- fund. Did you see this morning’s news? said: ‘‘We want more.’’ tion to fund the government through We will soon have a chance to vote He had an appearance on a TV show, the end of the fiscal year. The fact of on that clean continuing resolution and they owed him money. They paid the matter is that we would not find after lunch. This is the continuing res- that into his charity so he can then say ourselves in this distasteful position olution that the Democratic leader that he gave this away. Trump’s tax re- were it not for the filibusters of our said we could pass and leave in 10 min- turns would show that, in spite of get- Democratic colleagues who try to use utes. This continuing resolution funds ting over $1 billion of assistance from the leverage and have effectively used the government at levels this Chamber New York, in New York City alone the leverage to shut down the normal has already agreed to. There are no rid- Donald Trump is a failed businessman functioning of the appropriations proc- ers or anything that the Democrats who is buried under a mountain of ess in order to gain some leverage to can claim as controversial. It is a sim- debt. They would show that he refuses spend more money, notwithstanding ple continuation of funding at current to pay his Federal income taxes. the fact that we are $19 trillion in debt. levels under the same terms that the So I would hope that Donald Trump They simply shifted from one excuse to President has already signed into law would release those tax returns the another in order to refuse to do their last December. It also includes re- way Hillary Clinton has released 40 job, which is actually to work in a bi- sources for bipartisan priorities like years of hers and her husband’s. partisan way through the appropria- veterans programs, flood control, fight- Mr. President, I ask the Chair to an- tions process to fund the functioning of ing the opioid epidemic that is dev- nounce the business of the day. the government at agreed-to spending astating communities across our coun- levels. try, and dealing with prevention of the f So we are now staring at a Friday Zika virus—something the Democrats deadline to keep the government open. said they wanted money for since last RESERVATION OF LEADER TIME Of course, this was their design all May. Well, this is it. This is the $1.1 The PRESIDING OFFICER. Under along—to drag their feet, delay, and billion agreed to on a bipartisan basis. the previous order, the leadership time turn from one excuse to another in But this is when they shift their argu- is reserved. order to keep from actually working in ment to something else.

VerDate Sep 11 2014 04:41 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.004 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6094 CONGRESSIONAL RECORD — SENATE September 27, 2016 We remember that during the sum- olution because it doesn’t allow for there are some people who are actually mer, our Democratic colleagues were funding for the water problems in going to believe it. quick to call for action on Zika fund- Flint, MI. But I have to say that this is Facts are a stubborn thing. Demo- ing. Ironically, they filibustered a bill just another manufactured excuse. It crats are marching us down a path that that would have provided that funding, ignores reality. We just passed over- leads to a shutdown in order to gain but when push came to shove, they flat whelmingly the Water Resources De- some sort of political advantage. What out refused to act to give communities velopment Act with more than 90 votes a terrible thing to do to this country, the funding they need to fight this real in this Chamber. That bill provides to be brought to the brink purely for health crisis. funding for the crisis in Flint, MI. The some perceived, temporary political We know from what has happened in House is taking up their version of the game. Florida, where they have had domestic bill this week. The chairman of the En- The facts are, under the leadership of infections of people from the mosqui- vironment and Public Works Com- Senator MCCONNELL as the majority toes carrying the Zika virus in Florida, mittee, the senior Senator from Okla- leader and under a Republican major- that it is just a matter of time before homa, has made it clear he is comity, the Senate has been brought back this will spread to other parts of the mitted to sending this Water Resources to regular order, which means we are United States, including warmer Development Act, including funding for actually doing the people’s business. weather States like mine, in Texas. Flint, to the President for his signa- Committee chairmen have had the I have spent some time in Houston, ture. So that excuse doesn’t hold any freedom to flesh out legislation on a bi- TX, with the mosquito and vector con- water either. partisan basis and craft good policy so- trol folks at the Harris County Health Our Democratic friends may say: lutions for the American people, rather Department, where they are moni- Well, that is not included in the House than have bills cooked up in the Demo- toring these mosquitoes on a daily bill. That is true. But with the com- cratic leaders’ conference room that basis to see whether there are signs of mitment of the chairman and the rank- have never seen the light of day in any the Zika virus in those mosquitoes. ing member of the Environment and committee and certainly were not bi- Thankfully, there is none yet, but they Public Works Committee, Senator partisan. That was the record when the are identifying West Nile virus and BOXER, who work so well together, Democratic leader was majority leader other mosquito-borne diseases, and there is no way in the world that a con- during the last Congress. thank goodness for the work and lead- ference report is going to come back to We have had more votes on more bills ership they are showing at the local the Senate without that Flint, MI, so individual Senators could offer spe- level. It would be nice if the Nation’s money in the bill. So that excuse cific ideas on how to make legislation congressional leaders would dem- doesn’t hold water either. better, and the results speak for them- onstrate similar leadership getting our Once again, I guess because they selves. It is a long list, but the Senate job done, getting the money to the peo- think it helps them somehow politi- has passed much needed overhauls of ple who need it and can put it to good cally, our Democratic friends are our education system and our transpor- use. marching this country closer and clos- tation system, both on a bipartisan I have shown the picture of the dev- er to a shutdown. They have been slow- basis. We have passed bipartisan bills astating birth defects caused by the walking the process, starting months to help root out the dangers to our so- Zika virus in women of childbearing ago when they refused to consider and ciety from opioid addiction, heroin adage. It is devastating. How our col- even pass bipartisan appropriations diction, and human trafficking. We leagues across the aisle can continue to bills. As I said earlier, these were bills passed foreign policy measures that block this funding in giving the money passed overwhelmingly on a bipartisan have made our country safer, including that could actually help address this basis. Why in the world would they do a bill to impose stronger sanctions on potential health crisis is beyond me. that, I guess, perhaps is the question North Korea. We have given them what they wanted, before us. Well, a Member of their lead- Again, it is a long list. Last week, we and they refuse to take yes for an an- ership implied in yesterday’s Wash- passed the Water Resources Develop- swer. They still talk a lot about it and ington Post that it is purely for polit- ment Act I was referring to earlier, the urgent need to get it done, while ical purposes. thanks to the leadership of a Repub- dragging their feet the whole way. I am not naive. I understand politics lican, the senior Senator from Okla- The Democratic leader even said at is part of this process, but clearly the homa, and a Democrat, the senior Sen- the beginning of this month that we priority of our colleagues across the ator from California. That is the way need to handle the Zika threat first aisle is not to do their job and to ad- this process is supposed to work. and foremost. Well, I guess that is why dress the funding needs for the Federal The point is, until very recently, this he continues to delay a vote on the Government, including the Zika crisis Congress has been marked by a willing- continuing resolution and why they or even to deal in a bipartisan way ness of folks on both sides of the aisle continue to do what they say they are with the very issue they have identi- to work through the issues and to find going to do. They are going to block fied, the Flint, MI, issue that is going a path forward that would represent the cloture vote this afternoon, again, to get that money to the community. the best solution for the people we rep- because now they have changed the In the article I mentioned in the resent, the American people. subject. Washington Post, the senior Senator According to the senior Senator from Well, this is their chance to act, to from Montana, who heads the Demo- Montana—in what appears to be an act send resources to fight the virus in cratic campaign committee, gave us of desperation—that doesn’t make for communities across the country. I am just a momentary glimpse into our good campaign strategy in the days glad the senior Senator from Florida, a Democratic friends’ playbook this elec- leading up to the election, apparently, Member of the Democratic caucus, has tion cycle. He said that in order to win and now they want to try to sell this already said that he will support this more seats in the U.S. Senate, Demo- propaganda, this gigantic falsehood re- clean CR, in light of the public health cratic candidates need to show that peated over and over so people, at some threat Zika poses to his constituents in ‘‘Republicans really haven’t done any- point, at some level, begin to believe Florida. He clearly has his priorities thing.’’ it. They want to paint this Congress as straight. It is not politics first and That was the campaign chairman of ineffective under Republican control. foremost. It is public health. I hope the Democratic Senatorial Campaign When our friends on the other side of more of his colleagues follow his lead Committee, saying in order for them to the aisle put the ‘‘d’’ in dysfunction and vote to get on this continuing reso- win seats, they have to show that during the 113th Congress, that is why lution so we can get our work done and under Republican leadership nothing the Republicans won the majority in so the money can go to those commu- has been done. The facts would show the 2014 election, among other things, nities like those in his State and in my otherwise. This reminds me of the because Democratic incumbents run- State that need it most. story of a propaganda technique where, ning for reelection in 2014 had no Some of our Democratic colleagues if you tell a big enough falsehood and record of accomplishment they could say they don’t like the continuing res- you tell it over and over and over, point to. That strategy backfired on

VerDate Sep 11 2014 00:50 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.005 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6095 our Democratic colleagues. You would The victims of terrorism in this tisan basis. In fact, we have reported think they would have learned some- country need an ability to seek justice out all 12 spending bills but had very thing from that experience. in a court of law. That is all this bill is little luck on the floor of the Senate For example, they had the incumbent about. It doesn’t identify a single coun- moving those bills forward. The first Senator from Alaska go home to Alas- try, and it doesn’t purport to decide one we took up was the military con- ka and ask to be returned to the Sen- the merits of the case. All it says is, struction bill, which passed with good ate. He could not point to a single yes, you can present your case to a support, and was sent over to the amendment on a single bill he actually judge and a jury in a court of law. Why House of Representatives. They loaded sponsored that received a rollcall vote the President would object to that is it up with every political issue they in the Senate. That is pretty hard to lost on me. could think of for this campaign sea- explain, especially when you are in the This legislation will help victims of son, and that bill started floundering majority, but that is what happened. terrorism on U.S. soil seek compensa- at that point. That is why, at this mo- You would think our colleagues would tion. By doing so, it will potentially ment in time, we need to pass a con- have learned something from that. deter other terrorist acts. If there are tinuing resolution. This is no way to What do they gain by edging our consequences associated with spon- run a government but, to be honest country toward a government shut- soring terrorist attacks on American with you, both political parties have down this Friday? I don’t see how it soil, don’t you think this might have been guilty of finding themselves in helps anyone, but that is why we are some modest deterrence effect, includ- this mess before, where we have had to here today, staring at a deadline and ing our counterterrorism measures buy a little extra time into the fiscal trying to hammer out a stopgap spend- that our national security forces are year in order to agree on the budget for ing bill—and this only gets us to De- engaged in? the remainder of that year. What the President said to the Re- cember 9. This also sends an important mes- Again, the reason we find ourselves publican leaders of the House and Sen- sage that the United States takes care having to do this is because they have ate last week is, if you want to do this of its own and that we will never tol- simply shut down the Senate appro- continuing resolution bill, just keep erate terrorism and we will never ever priations process, forcing us into a po- the government running until you can sition that no one who actually has shy away from the pursuit of justice agree on all the appropriations bills, any interest in performing the duties for Americans. give me a continuing resolution bill I realize there are some of our col- of their job actually likes. This is not until December 9, and—if you would— the way the Senate is supposed to leagues who say: Well, Saudi Arabia or please acknowledge that we are facing work, but this is the hand we have been some other country might be upset a public health crisis with the Zika dealt because of their obstruction. with us. virus. The President raised that issue I would hope more Democrats would Frankly, I could care less. We are because in February of this year, 7 join the senior Senator from Florida here to represent the American people, months ago, he notified Congress this and take yes for an answer when it not some foreign country. The fact is, was going to happen; that we were comes to funding the government, our colleagues—our friends in Saudi going to see these mosquitoes carrying when it comes to dealing with Zika, Arabia, to the extent that we have the Zika virus infecting people in Puer- the potential Zika crisis in our coun- aligned interests, we work well to- to Rico and in the United States and try. gether and that will continue despite endangering mothers who were car- I hope our colleagues on the other this veto override. To simply say be- rying babies. In February, the Presi- side will reconsider their decision to cause some foreign country or some dent asked for Congress to give $1.9 bil- block the vote this afternoon. We are King or some Prince of some other lion to eradicate the mosquitoes, to ready to move forward with the solu- country doesn’t like legislation so the lessen the danger, and, equally impor- tion our Democratic colleagues have President is going to veto it is simply tant, to develop a vaccine. This is a called for, a clean continuing resolu- unacceptable, when clearly the Amer- vaccine which frankly, when it is de- tion, but again it is like Charlie Brown ican interest here is for these victims veloped, all of us will want to take, one and the football. Do you remember of terrorism to find recourse in our that protects all of us from Zika virus that cartoon? Every time Lucy would courts of law. infection in the future. put the football out, she would pull it Mr. President, I yield the floor. What did the Republican-controlled back at the last minute and Charlie The PRESIDING OFFICER. The as- Congress do with the President’s emer- Brown would end up on his back. sistant Democratic leader. gency public health crisis request for All we need is a partner who will Mr. DURBIN. Mr. President, while Zika? Nothing. They ignored it until work with us. I encourage some of our the Republican whip is still on the May of this year, when the Senate fi- friends across the aisle to reconsider floor, I believe there is an agreement, nally passed, with 89 votes, Democrats their position. at 10:45, Republicans will have control and Republicans together—it was not JUSTICE AGAINST SPONSORS OF TERRORISM ACT of the floor. $1.9 billion but $1.1 billion to deal with Mr. President, late on Friday after- I have waited patiently while the the Zika virus, this emergency public noon, the President fulfilled his prom- Senator from Texas has given his health crisis. It took 3 months. It ise to veto the Justice Against Spon- speech. I ask unanimous consent to should have taken 3 days. sors of Terrorism Act. allow me 10 minutes to speak on the In May, with 89 votes, we sent a bill I have a hard time understanding the floor before the Republicans claim from the Senate over to the House of President’s rationale. This legislation their time. Representatives to deal with this cri- was approved unanimously in the Sen- Mr. CORNYN. Absolutely. sis. What did they do with it? Instead ate and in the House. That doesn’t hap- The PRESIDING OFFICER. Is there of passing the bipartisan bill the Presi- pen very often, where Democrats and objection? dent requested, they decided to load it Republicans, where Senators and House Without objection, it is so ordered. up with politically controversial issues Members, unanimously support a piece Mr. DURBIN. Thank you very much. that they thought would help them in of legislation, but tomorrow afternoon Mr. President, why are we facing a this election cycle. Listen to some of we will vote on an override of that continuing resolution to fund the gov- the things they added to this bill, this veto. President Obama made clear in ernment of the United States of Amer- emergency public health crisis bill. his message that he doesn’t understand ica? Because our budget expires on Oc- First, they put in the provision that how limited and narrow in scope this tober 1. there was a prohibition of funding any legislation is. As a matter of fact, he It is a new budget. We are supposed efforts by Planned Parenthood on fam- misrepresents what this legislation ac- to pass spending bills, appropriations ily planning under this bill. Why? Be- tually does, which is an extension of bills, budget bills that will cover this cause mothers, facing the prospect of a current law, and it is well within the next 12 months of the fiscal year, and pregnancy and the possibility of an in- bounds of historical practice and mod- we have failed. The Senate Appropria- fection, would seek family planning ern court guidance under the Foreign tions Committee, which I am proud to help at Planned Parenthood. Two mil- Sovereign Immunities Act. serve on, has done its job on a bipar- lion American mothers did last year.

VerDate Sep 11 2014 00:50 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.006 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6096 CONGRESSIONAL RECORD — SENATE September 27, 2016 They put this provision in to defund isiana; we will provide no help to Flint, communities around the country are Planned Parenthood. They knew that MI. That is unfair, and it complicates facing. was going to be a fight. They put it in the situation. Republicans continue to argue that anyway. They eliminated $500 million If that were all he did, it would be the ongoing crisis in Flint and other from the Veterans’ Administration bad enough, but Senator MCCONNELL cities is better addressed through the funding to process veterans’ claims— has a pet project that he needs to put Water Resources Development bill or something we desperately need. They into this bill. Listen to what it is. It is WRDA. But while the Senate WRDA took the authority of the Environ- a prohibition at the Securities and Ex- bill, which we passed earlier this mental Protection Agency to monitor change Commission that would pro- month, includes vital funding for Flint, the chemicals that would be used to mulgate a rule to require America’s the House has made no commitment to kill the mosquitoes. And then, to add corporations to publicly disclose the help Flint in their bill. We cannot af- insult to injury, they put in a provision campaign contributions they are mak- ford to wait any longer. The people of that said you could display Confederate ing. Under Citizens United, in warped Flint have waited far too long already. flags in U.S. military cemeteries. What thinking at the Supreme Court, it was We need to address the emergency in does that have to do with the Zika determined that corporations are per- Flint now—in this bill—just as we are virus? Nothing. It was political games- sons when it comes to contributing addressing the emergency in Louisiana. manship. It was going nowhere. The money. Look what has happened—a It is unbelievable that Congress con- President would never sign it under flood of millions of dollars. Repub- tinues to hold up federal funds to help those circumstances, and they knew it. licans were boasting that they raised aid these Americans in their time of Now the President says: Give me a $43 million in their super PAC in Au- need. Almost 100,000 people are cur- clean Zika funding bill and we will gust, and they got $20 million last rently living without reliable access to move forward with this continuing res- week from Sheldon Adelson, a rich man clean water in their homes and 9,000 olution. who lives out in Nevada. Oh, they are children are suffering from lead poi- Finally, last week the Senate Repub- rolling in millions, but Senator MCCON- soning. Just like those suffering from lican leader gave us that clean bill as NELL is determined to keep secret the flooding and tornados, these families part of the CR, and if that were all he source of these funds, so he wants to did nothing to deserve this. And just as did, we would be finished, we would be prohibit the Securities and Exchange the federal government always helps home, but he kept moving forward in Commission from requiring corpora- when Americans are hit by disasters, it other areas of controversy. You see, tions to simply state publicly that should do so now. there was terrible flooding in Lou- they are making these contributions. There were no complaints last May isiana, and a lot of innocent people We do. If corporations are persons—in- when the Federal government declared were hurt. They lost their homes and dividual persons, like myself have to an emergency and reached out to resi- businesses. It has been a custom in the make a disclosure of contributions that dents of Texas to help them rebuild Congress to rally to the aid of victims are made. Why should corporations their lives after a tornado hit. So I see of disasters. I have voted for that over have the benefit of being treated as a no reason why Senators should hesi- and over again, for maybe every State person to make contributions but not tate to provide funding to Flint, Michi- across the United States, because I the responsibility facing persons to dis- gan, to help deal with this public knew the day would come—and it has— close this publicly? Senator MCCON- health emergency. The crisis in Flint is when Illinois would need a helping NELL wants to keep that secret, and a tragedy that demands Senate action. hand, and I wanted to be there for my that is why he included it in this legis- Instead of turning on the tap to colleagues. lation and made it as controversial as make breakfast or take a shower, like So we said this to the leader on the it is. all of us did this morning, these resi- Republican side: If you want to help A simple word to the leader on the dents start their day by waiting in long Louisiana—and I do—also help the peo- Republican side and to the wise who lines for bottled water to feed and ple living in Flint, MI. want to leave and go home and cam- bathe their children, take showers, and Remember when their water supply paign: There is a way out of here. Treat stay healthy. And for those elderly or was contaminated? There were 100,000 the people in Flint, MI, with the same disabled residents that cannot make it people ingesting lead, when there is respect we are treating the victims in to the pick-up location, they are left zero tolerance in our blood streams for Louisiana. Provide the resources for with the option of continuing to use that. The damage is obvious. Imagine opioid funding, which we desperately water that they know is poisoning 9,000 children in Flint poisoned with need. Leave out this special interest their bodies with lead and causing nu- lead-contaminated water. That hap- provision protecting corporations that merous health issues. pened. In that poor city, they are still want to make political contributions The lead contamination levels in the drinking water out of bottles every sin- but want to keep it secret so nobody City mean that an entire generation of gle day. knows what they are doing. Make sure children are in danger of suffering from So we said to the Republican leader: that we finally—finally—7 months irreversible brain damage, lower IQ Yes, we care about Louisiana. You later, adequately fund the Zika crisis scores, developmental delays, and be- should care about Flint, MI. If you are so we can deal with this and develop a havior issues for the rest of their lives. going to help Louisiana, help those vaccine to protect all of America. This truly is a tragedy that requires poor people in Flint who are facing this Mr. President, to reiterate, after federal support. kind of contamination. weeks of bipartisan negotiations and And what is frightening, is that Flint He refused. He said: There will be significant progress made in settling is not the only city battling with lead money for Louisiana but no money for our differences on a bill to keep the issues, nor is it an isolated incident. Michigan. government open through December 9, Elevated lead contamination levels Why? We think there are victims in Republican leadership has given up on have been reported in cities nation- both places, and in the past the Senate negotiations and instead filed a bill wide—including in Ohio, South Caro- and Congress have risen to those trage- that completely ignores the ongoing lina, New Jersey, Mississippi, and dies and those demands. I have done it emergency in Flint, MI. For over a Washington, DC. In my own home state on a bipartisan basis. It makes no dif- year, the good people of Flint have of Illinois, Chicagoans have been bat- ference to me that we have two Repub- waited for Congress to do our job and tling with lead contamination in their lican Senators in Louisiana, and it address the public health emergency homes for years. should make no difference to Senator that has poisoned 9,000 children and Recent articles in the Chicago Trib- MCCONNELL that we have two Demo- left 100,000 residents without access to une have highlighted this struggle. In cratic Senators in Michigan. Let’s clean and safe water. But once again, 2012, an EPA study found high levels of think about the Americans who are they are being told to wait. They are lead in the drinking water of several hurting in both places instead of play- being told that the emergency their Chicago homes—despite the City’s use ing political games. But no—Senator community is facing is somehow less of anticorrosive chemicals to treat the MCCONNELL said: We will help Lou- important than emergencies other water. And since then, at least 179

VerDate Sep 11 2014 00:50 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.007 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6097 young children in federally-subsidized us today includes $1.1 billion in funding the people of Flint deserve our help in homes in Chicago have suffered lead to help States and our Federal health responding to this public health emer- poisoning stemming from exposure to agencies properly respond to the ongo- gency. A deal to provide funding for lead-based paint. ing Zika epidemic. This money will be Flint has already passed the Senate These issues have led to Illinois hav- used for vaccine development, mos- with overwhelming bipartisan support. ing some of the country’s highest rates quito control, and the delivery of need- We need to address the emergency in of children with elevated blood lead ed health care. Flint NOW, in this bill. The people of blood levels, which, unfortunately, What the bill before us today does Flint have waited long enough. have hit low-income and minority com- NOT include are ill-conceived partisan I yield the floor. munities the hardest. poison pills. As of last week, there were The PRESIDING OFFICER. Under Thankfully, however, lead levels in more than 23,000 reported cases of Zika the previous order, the time until 11:30 Illinois and across the nation have not in the United States and its territories, a.m. will be controlled by the majority. risen to the severity of those in Flint. including more than 2,000 pregnant The Senator from Wyoming. But the widespread nature of these women. We are 7 months overdue in f issues does show that we need to get passing this emergency funding. It is OBAMACARE serious about investing in infrastruc- my hope that pregnant women and ture programs that address the hous- children won’t have to wait much Mr. BARRASSO. Mr. President, the ing, environmental, and public health longer. Senate minority leader, Senator REID, aspects of preventing lead contamina- While this bill is missing vital fund- came to the floor a couple of days ago tion in American homes. That is why I ing for Flint, Leader MCCONNELL had and talked about health care. He said: was proud to join Senators from both no problem including controversial If people would just look at the news- sides of the aisle in supporting a bipar- language that limits the Security and paper, they would see that ObamaCare tisan deal to address the ongoing lead Exchange Commission’s ability to re- has changed America—in his words— crisis in Flint and other communities quire disclosure of corporate political for the better. across the country and ensure all spending. Well, millions of Americans do pick Americans have access to safe drinking In 2010, the Supreme Court issued a up the newspaper. I hope many of them water. far-reaching decision in Citizens saw the Presiding Officer’s article in The Senate’s bipartisan WRDA bill United v. Federal Election Commis- today’s Wall Street Journal about provides $220 million in direct emer- sion. On a divided 5–4 vote, the Court some of the travel and things he has gency assistance to Flint and other struck down years of precedent and seen regarding our Nation’s security. communities facing similar drinking held that the First Amendment per- But I would like to point out to Sen- water emergencies. It provides $1.4 bil- mitted corporations to spend freely ator REID that there have been head- lion over five years to help small and from their treasuries to influence elec- lines in the papers repeatedly, includ- disadvantaged communities comply tions. As a result of Citizens United ing one in the Reno Gazette-Journal with the Safe Drinking Water Act. The and the series of decisions that fol- this month, that said his home State— bill modernizes our State Revolving lowed in its wake, special interests and ‘‘Nevada ranked 48th in healthcare by Loan Fund program and provides $300 wealthy, well-connected campaign do- finance website.’’ This from a finance million in grants for communities to nors have so far poured more than $2 Web site. They are talking about just replace lead service lines. And because billion dollars of outside spending into how bad the health care law has been we are also seeing high levels of lead in recent Federal elections, including 2016 for the people of his home State of Ne- our schools’ water, the bill authorizes races. vada. It was about a new survey that $100 million for additional lead testing In the years since Citizens United, looked at things such as health care in schools. several of my colleagues and I have costs and access to care and how it im- This bill also addresses many of the called for the SEC to initiate a rule- pacts people at home. So if ObamaCare issues that I raised in the Lead-Safe making requiring public companies to is so great—at least as great as Sen- Housing for Kids Act that I introduced disclose their political spending to ator REID says it is—then why is his with Senator MENENDEZ and the shareholders. More than 1.2 million se- home State ranked almost dead last? CLEAR Act that I introduced with curities experts, institutional and indi- Look, Americans are seeing headlines Senator CARDIN, two bills that would vidual investors, and members of the like the one that appeared on the front ensure our children are protected from public have asked the SEC for a disclo- page of the Washington Times the day the dangerous effects of lead in our sure rule. the Senator came to the floor. Had he water and our housing. Such a rulemaking would bring much picked it up and looked at it on the While we still haven’t figured out our needed transparency to the U.S. polit- way to the floor, he would have seen differences over aid for communities ical process. Shareholders deserve to the headline on the front page saying affected by lead contamination, Demo- know when outside spending in polit- ‘‘Failures of Obamacare. . . . ’’ This crats and Republicans have finally ical campaigns comes from the coffers was on the front page the day he came agreed to address the Zika public of a company they have invested in. to the floor and said: Check out the health emergency in this bill. Unfortunately, last year, this provi- headlines. The article says: ‘‘Demo- In February, the President requested sion limiting the SEC’s rulemaking au- crats see need for fallback plan.’’ They $1.9 billion to fight the Zika virus. In thority was slipped into the omnibus need a fallback plan because this May, the Senate overwhelmingly appropriations bill, which we had to health care law has been so devastating passed a bipartisan bill to provide $1.1 pass in order to fund the government to people all across this country. If billion in emergency funding to combat for the 2016 fiscal year. We should not ObamaCare is so great, why do the this virus, but then partisan politics allow this rider to continue to strangle Democrats need a fallback plan? took over. Republicans insisted on at- the SEC’s authority. Look, people across the country are taching a variety of controversial pol- Despite weeks of bipartisan progress seeing headlines like this every day. icy riders to the Zika bill, from at- on a deal to fund the government, the A Washington Post headline: tempting to overturn provisions of the Republicans have decided to move for- ‘‘Health-care exchange sign-ups fall Clean Water Act to trying to block ward on a bill that continues to ignore short of forecasts.’’ money from going to Planned Parent- the ongoing crisis in Flint and other The New York Times: ‘‘ObamaCare hood health centers. cities like Chicago. Congress and the Options? In Many Parts of Country, Thankfully, 7 months after the Presi- Federal government’s primary respon- Only One Insurer Will Remain.’’ dent first made his request, common- sibility is to protect the American peo- Another New York Times article: sense is prevailing and Republicans ple. And just as the Federal govern- ‘‘Cost of health law’s plans set to rise have finally dropped their outrageous ment always helps when Americans are more sharply.’’ demands to load this bill up with con- hit by disasters, it should do so now. This is from the paper The Hill: tentious and extraneous items. I wish Like the communities in Louisiana ‘‘Dems to GOP: Help us fix it had happened sooner. The bill before suffering from devastating flooding, ObamaCare.’’

VerDate Sep 11 2014 04:34 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A27SE6.002 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6098 CONGRESSIONAL RECORD — SENATE September 27, 2016 They didn’t turn to Republicans for fines. These are for people who have no with 29 percent of people having been solutions and ideas when they forced it options. hurt by the President and his law and through on a party-line vote. They No options is exactly the situation only 18 percent helped, I would say to didn’t listen to us and our concerns most Americans are facing. Major in- the President of the United States: You about the impact of this law on the surance companies have decided to shouldn’t have had to hurt so many families of this country. Now they leave most of the ObamaCare markets. good people while trying to help those come to us and ask us to help them fix Just look at the insurers who are flee- who didn’t have insurance. the mess they have made. ing the ObamaCare exchange. Humana This is a law that needs to be re- USA TODAY—I would point out to is selling coverage in 19 States this pealed and replaced, and right now I Senator REID—‘‘Obamacare rate hikes year; it is going to be in just 11 States am proud to stand with Senator rattle consumers, could threaten en- next year. Look at UnitedHealthcare— MCCAIN in his efforts to provide relief rollment.’’ in 34 States this year but down to 3 to the families who feel betrayed by The New York Times: ‘‘The Incred- next year. Aetna is going from selling this President and this law. ible Shrinking Obamacare.’’ ObamaCare plans in 15 States this year Mr. President, I yield the floor. Senator REID came to the floor and to just 4 States next year. The PRESIDING OFFICER (Mr. made his statement just a couple of On November 1, millions of Ameri- FLAKE). The Senator from Arizona. days ago. Let me point out a few other cans will go to sign up for ObamaCare Mr. MCCAIN. Mr. President, I thank headlines that have arrived since then. and they will find their insurance plan the Senator from Wyoming, who con- Bloomberg, Friday: ‘‘Failing has disappeared. Companies are run- tinues to be the voice of reason and the Obamacare Nonprofit Co-Ops Add to ning for the exits. The program is col- voice for so many millions of Ameri- ‘Death Spiral’ Fears.’’ lapsing. It is in a death spiral. And so cans who feel betrayed by ObamaCare— You don’t even have to turn to the far, of the 23 co-ops under the health who have not been given their choice of newspapers; you could have turned on care law, 17 of them have failed, includ- a doctor if they wanted a doctor, who the radio—National Public Radio, just ing the one in the home State of Sen- have not been able to keep the policy this past Friday, talking about people ator REID, Nevada, which went out of that the President promised they who are buying insurance for their in- business at the end of last year. would be able to keep, period. He is the surance because the ObamaCare pro- With all these companies shutting voice of those fellow citizens of mine gram is so bad for them personally. down and dropping out, people living in who, in all counties but one in my Sunday’s New York Times, in the one-third of the country are going to home State of Arizona, have one business section: ‘‘Why Obamacare be left with just one option for choice—not a choice of their doctor, Markets Are in Crisis.’’ ObamaCare coverage in November. One not a choice of their health care policy, I would suggest the minority leader option is no choice. It is not a market- but one, and one only. And now they look at today’s newspaper in Indiana place, it is a monopoly. are looking at as much as a 65-percent regarding Indiana University health Under ObamaCare, we have seen med- increase in the rate of their premiums plans. ‘‘IU Health Plans quit ical costs skyrocketing and people los- beginning the next 1st of November— Obamacare exchange, citing ‘height- ing their insurance. So it is no surprise disgraceful. ened financial uncertainty.’ ’’ that there is enormous anger and anx- I thank the doctor. I thank my col- Those are the headlines people are iety about the health care law, to the league and friend from Wyoming. seeing all across the country. So I am point that in a Gallup poll earlier this Mr. President, I ask unanimous con- not sure exactly what newspapers the month, 29 percent of American families sent to address the Senate for 30 min- minority leader is reading, but he is say they have actually been hurt per- utes as in morning business. not reading the same papers Americans sonally by the health care law and only The PRESIDING OFFICER. Without all across the country are reading. 18 percent say they have been helped. objection, it is so ordered. All across the country, people are Mr. President, Republicans said this Mr. MCCAIN. Mr. President, I ask hearing about their rates going up—in was what was going to happen. Demo- unanimous consent to engage in a col- Georgia, 33 percent; Illinois, 45 percent; crats ignored them. They ignored our loquy with my colleague from South Tennessee, 59 percent—and people are concerns to try to improve health care Carolina, Senator GRAHAM. feeling the pinch from this rising cost for all Americans. Democrats went into The PRESIDING OFFICER. Without of the Obama health care law. It is a back room, behind closed doors in objection, it is so ordered. hurting the people who buy insurance HARRY REID’s office, they wrote a law GENOCIDE IN SYRIA through ObamaCare exchanges, and it they passed with no Republican sup- Mr. MCCAIN. Mr. President, last is hurting the people who get their in- port, and this is the result. night was one of the most watched po- surance through their jobs. A new re- We have offered direct solutions to litical events in American history: the port by the Kaiser Family Foundation the problems. We have offered relief for debate between Donald Trump and Sec- says that for people who get their in- the American people. My colleague retary Clinton. A lot of issues were ad- surance at work, the deductibles have from Arizona, Senator MCCAIN, who is dressed or not addressed, depending on risen four times faster than the pre- now on the floor, has offered a bill to your point of view. But the stunning miums did. So it is not just the pre- provide that relief for people who are aspect of this, to me, is there was not miums going up, but the deductibles hit with mandates, taxes, fines, and a single comment about the genocide are going up. And all of those are new penalties because of the mandates of a taking place in Syria as we speak—not costs as a result of the health care law. law that is too expensive, too costly, a comment about this terrible situa- The American people are feeling it in and hurting American families. I am tion, which has taken the lives of over their wallets, and millions of Ameri- proud to cosponsor Senator MCCAIN’s 400,000 innocent men, women, and chil- cans are rejecting ObamaCare insur- legislation to provide that relief. dren in Syria, driven 6 million into ref- ance because they know it is not a So when people say ‘‘Will you work ugee status, destabilized the European good value for them personally. with Democrats?’’ I will say this: If Union, and continues to this day in an According to one article, 8 million Democrats want to work on a plan that endless flood. I think the American people face tax penalties this year for provides nothing but more ObamaCare people deserve better than what they not buying ObamaCare coverage. These and more Federal control, count me got last night, to be honest. So the are people who can’t afford this expen- out, but if they want to work on a plan, beat goes on, the genocide goes on, and sive, second-rate insurance, or they do such as the plan I have introduced with the slaughter goes on—only at an in- not think it is right for them or their Senator GRAHAM from South Carolina creased tempo. family. The Democrats who wrote this and Senator AYOTTE to provide oppor- From today’s Wall Street Journal: law and who are now asking for help in tunity, freedom, choice, and flexibility ‘‘Syria Defies Calls to End Offensive.’’ ‘‘fixing it’’ do not really care; they just at the State level, to empower individ- Of course they defy calls to end the of- want people to write their checks to uals in States, then count me in. fensive because their whole job is to the IRS, their penalties because of the But, Mr. President, when you look at take Aleppo, consolidate their control, mandates of the law—the taxes, the a program that is impacting America, kill off anybody who is in opposition,

VerDate Sep 11 2014 00:50 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.009 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6099 and then declare a cessation of hos- By Monday, the administration’s response see the picture of the little boy covered tilities once they have solidified their seemed clear: It will hotly condemn the as- with dirt and blood? Did no one see position and slaughtered thousands sault on Aleppo, but do absolutely nothing that? to stop it. On the contrary, Secretary of more. The Putin and Bashar al-Assad regimes are State John F. Kerry insisted he will con- Whatever happened to the United well aware that the only U.S. action Presi- tinue to go back to the regime of Vladimir dent Obama has authorized is diplomatic, States’ commitment that Bashar al- Putin with diplomatic offers, hoping it will Assad had to leave power? Obviously, and that they are therefore under no pres- choose to stop bombing. ‘‘The United States sure to alter their behavior. They already that is not happening, and it is being makes absolutely no apology for going the obtained, via Mr. Kerry, U.S. agreement to abetted by our intrepid Secretary of extra mile to try and ease the suffering of the principle that the Assad regime should State. But it is not the fault of the the Syrian people,’’ he grandly declared after remain in power while the United States and Secretary of State; it is the fault of the a meeting Thursday on Syria. By ‘‘extra Russia join in fighting those rebels deemed President of the United States. ‘‘ ‘It mile,’’ he doesn’t mean actual U.S. steps to to be terrorists. protect civilians—just more futile and debas- Remember, the President of the would be diplomatic malpractice’ not ing appeals to Moscow. to pursue talks, Mr. Kerry said.’’ The Putin and Bashar al-Assad regimes are United States said: It’s not a matter of ‘‘It would be diplomatic mal- well aware that the only U.S. action Presi- whether Bashar al-Assad will leave but practice.’’ dent Obama has authorized is diplomatic, a matter of when. One of the greatest diplomats that I and that they are therefore under no pres- If it succeeds, Damascus will have essen- have ever had the honor of knowing is sure to alter their behavior. They already tially won the civil war and will have no real a man by the name of George Shultz, obtained, via Mr. Kerry, U.S. agreement to need for the negotiations Mr. Kerry says the one of the major reasons the Cold War the principle that the Assad regime should cease-fire should lead to. If the offensive ended and we won. I would like to give remain in power while the United States and stalls, Mr. Putin can send Foreign Minister Russia join in fighting those rebels deemed Sergei Lavrov back to renew the deal with a quote in direct contradiction to Mr. to be terrorists. The regime then took ad- Mr. Kerry. Either way, Russia wins. Kerry’s continuous quest to bend the vantage of a mistaken bombing of Syrian The losers are the civilians trapped in east- knee and hope that Vladimir Putin will soldiers in eastern Syria to launch the as- ern Aleppo—250,000 to 275,000 human beings— agree with him and stop the slaughter sault on Aleppo, and Russia joined in. If it who are cut off from supplies of food and in Syria—time after time after time. succeeds, Damascus will have essentially medicine being bombed mercilessly. They won the civil war and will have no real need are being offered the same choice the regime Here is what Secretary Shultz said on has successfully imposed on other towns diplomacy: for the negotiations Mr. Kerry says the cease-fire should lead to. If the offensive across the country: Surrender or starve. Americans have sometimes tended to think stalls, Mr. Putin can send Foreign Minister Those who try to approach the evacuation that power and diplomacy are two distinct Sergei Lavrov back to renew the deal with corridors Russia says have been established alternatives. This reflects a fundamental are shot at. They are, indeed, victims of bar- Mr. Kerry. Either way, Russia wins. misunderstanding. The truth is, power and The losers are the civilian trapped in east- barism, but the rhetoric of U.S. diplomats diplomacy must always go together, or we ern Aleppo—250,000 to 275,000 human beings— and continued petitioning to Mr. Putin will not help them much. will accomplish very little in this world. who are cut off from supplies of food and Power must always be guided by purpose. At medicine and being bombed mercilessly. I don’t claim to be an academician, the same time, the hard reality is that diplo- They are being offered the same choice the but I am a student of history. There macy not backed by strength will always be regime has successfully imposed on other was a guy named Calgacus, who, talk- ineffectual at best, dangerous at worst. towns across the country: surrender or ing to his people who were fighting I wish the Secretary of State would starve. Those who try to approach the evacu- against the Romans, once described the read what one of the great diplomats ation corridors Russia says have been estab- Roman conquest of Carthage—where and leaders of our time, Secretary lished are shot at. They are, indeed, victims not one stone was left on top of the of barbarism—but the rhetoric of U.S. dip- George Shultz, said. other, the ground was salted, and the Meanwhile, the slaughter goes on. lomats, and continued petitioning to Mr Putin, won’t help them much. Carthaginians were slaughtered. He de- Mr. President, I ask unanimous con- scribed it: They made a desert, and Mr. MCCAIN. Mr. President, here we sent that the editorial, ‘‘As Aleppo they called it peace. burns,’’ be printed in the RECORD. are: We are seeing a repetition of history. There being no objection the mate- What Russia is sponsoring and doing in the My friends, Mr. Assad, Mr. Putin, the rial was ordered to be printed in the Syrian city of Aleppo ‘‘is barbarism,’’ U.S. Iranians, the Iranian Revolutionary RECORD, as follows: Ambassador to the United Nations Samantha Power said on Sunday. She’s Guard, Hezbollah are making a desert, [From the Washington Post, Sept. 27, 2016] right: For days, Russian and Syrian planes and they will call it peace. This is one AS ALEPPO BURNS have rained bombs—including white phos- of the most shameful chapters in ‘‘WHAT RUSSIA is sponsoring and doing’’ phorus, cluster munitions and ‘‘bunker-bust- American history. in the Syrian city of Aleppo ‘‘is barbarism,’’ ers’’ designed to penetrate basements—on I ask my friend and colleague, how U.S. Ambassador to the United Nations the rebel-held side of the city. Hundreds of many hospitals, markets, schools, and Samantha Power, said on Sunday, She’s civilians have been killed; as many as half playgrounds do Russian and Syrian re- right: For days, Russian and Syrian planes are children. . . . Ms. Powers said that ‘‘in- gime aircraft have to bomb before we have rained bombs—including white phos- stead of helping get lifesaving aid to civil- realize that Putin and Assad are not phorus, cluster munitions and ‘‘bunker-bust- ians, Russia and [Syria] are bombing the hu- ers’’ designed to penetrate basements—on manitarian convoys, hospitals and first re- interested in stopping the violence? the rebel-held side of the city. Hundreds of sponders who are trying desperately to keep They are interested in victory; they civilians have been killed; as many as half people alive. are not interested in stopping the vio- are children, U.N. special envoy Staffan de By Monday, the administration’s response lence. How many aid warehouses and Mistura described ‘‘new heights of horror.’’ seemed clear: It will hotly condemn the as- U.N. humanitarian convoys do they Ms. Power said that ‘‘instead of helping get sault on Aleppo, but do absolutely nothing have to destroy before we realize Putin lifesaving aid to civilians, Russia and [Syria] to stop it. On the contrary, Secretary of and Assad are not interested in deliv- are bombing the humanitarian convoys, hos- State John F. Kerry insisted he will con- ering aid to those in need? Four hun- pitals and first responders who are trying tinue to go back to the regime of Vladimir dred thousand Syrian civilians have desperately to keep people alive.’’ Putin with diplomatic offers, hoping it will It goes without saying that this war- choose to stop bombing. ‘‘The United States been murdered. Six million are refu- crimes-rich offensive, which Syria’s U.N. am- makes absolutely no apology for going the gees. When will the President of the bassador said is aimed at recapturing east extra mile to try and ease the suffering of United States do what is necessary to Aleppo, has shredded the Obama administra- the Syrian people,’’ he grandly declared after stop this slaughter before they make it tion’s attempt to win Russian and Syrian a meeting Thursday on Syria. By ‘‘extra a desert? compliance with a cessation of hostilities. mile,’’ he doesn’t mean actual U.S. steps to Mr. GRAHAM. Mr. President, I thank So naturally reporters asked senior officials protect civilians—just more futile and debas- the Senator for his passion and caring as the ‘‘attack was getting underway how ing appeals to Moscow. for the people of Aleppo and Syria. His- the United States would respond. ‘‘I don’t We are now treated to seeing the Sec- think . . . this is the time to say where we tory will judge Senator MCCAIN well. I will go from here,’’ one answered. Said an- retary of State of the most powerful am proud to be by his side. other: ‘‘We’re waiting to see what the Rus- Nation on Earth on bended knee, going But let’s be honest with each other. sians come back with.’’ to Moscow, begging his friend Lavrov It is not just the Obama administra- In other words: Hem, haw. to stop this slaughter. Did anybody not tion that is the problem here. Where is

VerDate Sep 11 2014 02:56 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.010 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6100 CONGRESSIONAL RECORD — SENATE September 27, 2016 the United Nations? A convoy carrying to us that al-Assad used chemical I turned to General Austin, who was aid to Aleppo was bombed, and we all weapons. We went outside the Oval Of- the commander, and Ambassador Jef- believe it was by the Russians. What fice in the driveway and stood by our frey, who was the Ambassador at the has the U.N. done? What about the President, called the Speaker of the time, and I said: General, what is the countries in the region that border House, Mr. Boehner, who stood with answer to the Prime Minister’s ques- Syria? What do they know? Our friends the President. There was a lot of Re- tion? in France have been attacked several publican support for the idea that the He said: We are still working on that. times based on ISIL’s ability to project President must act to put this brutal Here is the truth. There never was a wars by having the caliphate in Syria. man back in check. That was early in protest outside the consulate in They have dropped bombs. All of us the week. By Friday, President Obama Benghazi. It was always a terrorist at- have used air power. Where is Trump? takes a stroll in the Rose Garden with tack. They should never have had the If you can understand what he would Denis McDonough, and, all of a sudden, Ambassador there to begin with, and do differently, I would love to hear it. now we are coming to Congress. they left him hanging. I don’t understand it. I can tell you I have yet to get a call. I read it in Here is the truth. The Obama admin- this, Secretary Clinton really dis- the paper. When it came to Congress, it istration wanted to leave. They wanted appointed me when she said ‘‘no ground completely melted down. People on our to get to zero to fulfill a campaign forces in Iraq and Syria.’’ side objected to the use of force, saying promise. The reason the general could Mr. MCCAIN. May I ask my col- we would be the Air Force for Al not answer Prime Minister Maliki’s league, when former Secretary of State Qaeda. People on our side did not un- question is because the White House Clinton said ‘‘no ground troops in Iraq derstand what it meant to draw a red was trying to get the numbers down to or Syria,’’ do you think that means the line and not use some force. the point where it wouldn’t matter if 4,500 that are there now have to be There is plenty of blame to go he left anybody because they were so withdrawn? Does she really believe around. People on the Democratic side low. that you can destroy ISIS with air almost never come to the floor and You can say a lot about Trump. You power alone, which was basically what challenge what is going on in Syria. can say a lot about Republicans, and a she said last night? President Obama is getting a complete lot of it is true. You can say a lot Mr. GRAHAM. Yes, I agree. We have pass, except from pockets, like Senator about President Obama and Hillary over 5,000 troops on the ground in Iraq, MCCAIN and every now and then an edi- Clinton when it comes to Iraq. But the and if we count the people who come torial. Why? Most people don’t care one thing you can’t say is that it was and go, it is closer to 7,000. So from about Syria because it seems distant. the Iraqis’ fault that we left. their point of view, I think that is a When you talk about the young boy, The reason I will not tolerate that is pretty offensive statement. We have it breaks our heart, and then we move because too many people fought and lost one SEAL, and other people are on. Most people think we can’t get in- died to get Iraq back in a better place. definitely at risk. volved ever again in the Middle East The surge did work, and they held it as We live in an interesting time. It is because it is just hopeless over there. a success. probably much like the 1930s, when Here is what I would suggest to you Back to Syria, if you don’t realize Hitler was building up. I am not saying that we learn: If you let Syria continue that we have several hundred people on al-Assad is Hitler, and I am not saying to deteriorate, you will regret it. The the ground today in Syria, you are dis- Putin is Hitler. But I am saying there King of Jordan, one of our best allies, honoring them. If you don’t realize is evil on the march, and most people is being overrun with Syrian refugees. that the strategy Obama has come up are not doing anything about it. If you One in five children in Lebanon is a with will never work, you are not doing are in Aleppo right now, you feel as the Syrian refugee. This war will never end your homework. The people we are Jewish people must have felt in the until America leads. training to take ISIL down and to hold 1930s—and other countries who were Back to Obama—you and your ad- Raqqa after they take ISIL down are being overrun by evil—when a lot of ministration are very deceitful when it YPG Kurds. That may not mean any- people just stood along the sidelines comes to foreign policy. You are the thing to you, but it means a lot to the and issued statements. ones who told us, as to Benghazi, that region. To Samantha Powers, whom I have this was a protest caused by a hateful The Kurdish element that is being known and actually personally like video rather than an organized ter- trained cannot hold Raqqa, cannot lib- her: Do you think anybody listens to rorist attack, for weeks. In the debate erate Raqqa. General Dunford, Chair- you, Samantha? Do you think anybody last night, Secretary Clinton said that man of the Joint Chiefs, said that. The cares what you say? Because it is just the reason we had no troops in Iraq was people we are relying on to destroy all words. You have been up there for because the Iraqis did not want them ISIL can’t take them down and hold months now, and every ceasefire agree- and would not agree to leave some the territory because it is an Arab ment has been broken. troops behind. town. As to the people we are training To my good friend John Kerry: You All I can say is that is a lie. I know to fight ISIL, the vast majority of the said it would be diplomatic mal- that to be a lie because I was called by force has no interest in going after practice not to try to get a ceasefire her before the decision to leave was Assad. solution. At what point does it become made, and she asked that I, Senator If you leave Assad in power, the war malpractice to misread the person you MCCAIN, and Senator Lieberman go to never ends. Some 450,000 people have are talking to? At what point will you Iraq to talk to the parties about a fol- been slaughtered by Assad’s forces— understand that the Russians are not low-on force. We did. We went to Prime mostly through barrel bombing and interested in a ceasefire agreement? Minister Maliki, President Barzani of brutal tactics. There is no plan to cre- They want to install al-Assad in a mili- the Kurds, and Mr. Allawi, who was ate a military counter push coming tary fashion so that he cannot be over- representing the Shia group—the from the Syrians themselves to create taken by power, which means they win. Iraqiya Party, I believe it is called. negotiating space. Without power, So to me, the real crime here is that The bottom line is that we left there there is no diplomacy. The force to de- the world, not just Obama, has let this with an understanding that all three stroy ISIL will never be successful in happen, and to the people in this body. groups would work with each other to holding the territory. The force we are Several years ago, we were in an au- have a follow-on force because they un- training to destroy ISIL has no inter- thorization-to-use-military-force de- derstood the need for it. This is the est in going after Assad. If you leave bate after al-Assad used chemical moment I will never forget as long as I Assad in power, this never ends. weapons in violation of the redline that live. During the meeting with Prime This whole foreign policy approach of President Obama drew. To Senator Minister Maliki, when it was my turn the Obama administration is ill-con- MCCAIN’s credit—and I went with him to ask him questions, he turned to me ceived, shortsighted, and deceitful, and during Labor Day several years ago. before I could speak and said: How they know everything I am saying is The President called us up and said: I many troops are you talking about true. There are people in the White want to take action because it is clear leaving? House who know that the reason we

VerDate Sep 11 2014 02:56 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.011 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6101 left Iraq was because of politics in the willing suspension of disbelief in order because they are. The only way you are White House. There are people in the to think that the surge will work. going to stop this dynamic is to have White House who know—and the Pen- She was wrong then, and she is wrong more American forces—somewhere tagon who know—that the Kurdish now because the surge did work— around 10,000, and we are getting close force being trained can’t get the job thanks to the sacrifice of so much pre- at about 7,00 now—and they have to done. They are just trying to buy time cious American blood at places like stay behind to keep Iraq from falling until the next President comes along. Fallujah. Then, we had it won. Then, apart again. That is my humble opin- All I can say about Syria is that it the worst lie that I have seen in my ion. seems to be a faraway place with time in the Senate was this: Well, we JOHN MCCAIN has been far more right strange sounding names. It seems to be couldn’t have stayed because we had to than he has been wrong. Everybody something we shouldn’t get involved withdraw. tells us that every time we suggest in, in the minds of a lot of people. The That is a lie. We could have stayed. something, that would create a lot of one thing I would challenge you to The Senator from South Carolina just problems. All I can say is this: At what think about is that the last time pow- described the meeting we had with point do you realize we have a lot of ers gathered up to murder and butcher Maliki. The fact is clear. Al Qaeda then problems? This thing is going to get hundreds of thousands of people, it moved to Syria. It became ISIS. Now worse if it doesn’t get better, and the eventually mattered to us. It is going we have seen the consequences of the only way for it to get better is to do to matter to you sooner than you think abject failure of that administration, something different. The 5,000 troops because all of these children who lost that President, and that Secretary of are appreciated. Incrementally, they their parents and all of these parents State. You cannot deny the facts. are doing what we suggested 3 years who lost their children are looking at I would say to my friend from South ago. We are still not there. us, and they are going to hate our guts, Carolina that this didn’t have to hap- But look at Syria. Here is my warn- along with the world community at pen. But what is happening now, as a ing to the American people and to the large, because we sat on the sidelines consequence of that failure—as much world at large. What we have on the and watched it happen. as we want to revisit history—is that ground in Syria cannot possibly de- Come with me and Senator MCCAIN we could stop it now. We could stop it stroy ISIL and hold the territory. You to a refugee camp and look into these now. We could declare a no-fly zone. We are going to need a lot more troops kids’ eyes. I see broken-hearted chil- could have a 100,000-person force—90 from the region who would be wel- dren who need somebody to help them percent of them from Sunni Arab coun- comed in the area in question. The and a good investment. The terrorists tries—and go into Raqqa and take Kurds cannot liberate Raqqa. They see a recruiting opportunity, a literal them. We could tell Bashar Assad that cannot destroy ISIL. They cannot hold gift from the world at large. You may he has to stop the slaughter. The barrel the territory. Until you get regional not think it will affect you, but I prom- bombs have to stop, or we will take forces involved, this will never work. ise you that the policies of the Barack their planes out of the air. You will never have any diplomatic so- Obama administration—when it comes You know what would happen? The lution until there is military pressure to Syria—are going to haunt the world next time one of them was shot down put on Assad. for generations if we don’t do some- after dropping bombs and these terrible Currently, if you are joining the thing about it soon and change course. weapons on innocent civilians, it would American effort to destroy ISIL, you Mr. MCCAIN. My colleague men- stop. are prohibited from going after Assad. tioned this meeting that we had with Mr. GRAHAM. You have been a fight- The people in Syria and the region Maliki about maintaining a residual er pilot in combat, flying for your Na- want two things—the destruction of force. I would also like to point out to tion, and you know what it is like to ISIL and the removal of Assad, who has my colleague that the reason given by risk your life. I would say this. If we been the butcher of Damascus. We are Obama and then-Secretary of State had an American President who would not providing the second. The Russians Clinton was that we couldn’t get a sta- tell the Russian President that we are and the Iranians are all in behind tus of forces agreement with the Iraqi going to train forces inside of Syria to Assad. We have abandoned the people government, which then would not replace Assad because Assad must go who joined our cause years ago. Four make it tenable for our troops to re- for the benefit of the region and the years ago Assad was on the ropes. main. We now have 4,000 or 5,000—what- world at large, and if you come after Obama blinked; the rest is history. ever it is—there. Where is the status of the forces we trained, then you put Going forward, if we don’t have a dif- forces agreement that was so necessary your own people at risk, they wouldn’t ferent ground component in Syria, we then? It is not there because they come. If you shot down one Syrian jet will never destroy ISIL and hold the wanted out. that was trying to bomb innocent peo- territory, and we will never end the By the way, I believe it was the ple or the people we are training, it war without putting military pressure President of the United States who would be hard to get the next pilot to on Assad, and that is going to require said we are leaving behind the most fly. That is the fact. That is a fact, I a regional commitment with an Amer- peaceful, prosperous, and democratic think. ican component. If you don’t do that, Iraq in its history. Last night, Mr. Here is the other fact. We are doing another 9/11 is coming here because Trump was right when he said that Al none of that. We are watching people they have the ability to plan and Qaeda went to Syria and became ISIS. get slaughtered. Here is the question project force. We have seen it in Paris We had Al Qaeda defeated. It was over. for those who want to be President and and other places. I am not talking I would also remind my colleague for this body. You are never going to about one or two people; I am talking that one of the most consequential win in Iraq again unless you have some about a group of people who can do a hearings in the history of the Armed troops left behind this time. Here is the lot of damage to the United States. Services Committee was when we were question. Let’s say we liberate Mosul, Every day that we let Syria get worse, about to have a resolution through the and that is going to be hard to do with every day that ISIL enjoys the ability Congress calling for the withdrawal of the number of troops we have on the to operate, the longer it takes to get all troops because our strategy had ground, because every American sol- them destroyed will put us more at failed. There was no strategy. The Sen- dier is a force multiplier—a trainer, an risk. This strategy will not work. ator from South Carolina and I called adviser bringing capability to the fight Secretary Clinton’s approach is no for the resignation and the firing of the that the Iraqis don’t have themselves. different than Obama’s. She is for a no- then-Secretary of Defense of our own So everyone we have over there, within fly zone, and I give her credit for that, President, George W. Bush, because we reason, ensures the demise of ISIL and but if you don’t realize we need a new were failing. Then along came the accelerates the chance of destroying ground component in Syria, then you surge and David Petraeus. It was then- ISIL and not having to rely on the Shia are giving ISIL the time they need to Senator Clinton at that hearing who militia from Iran. send their forces throughout the world, said—and whoever wrote it for her, in If you are worried about Iran being including here. If we don’t stop them clever style: I would have to have a the big winner in Iraq, you should be over there, they are coming here, and

VerDate Sep 11 2014 02:56 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.012 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6102 CONGRESSIONAL RECORD — SENATE September 27, 2016 our plan to stop them over there will think of a star baseball player. You ask boat being tossed by crashing waves never work unless we change it. yourself: Why did this young man, who and high seas, he heard a splash and Mr. MCCAIN. I will leave my col- had been with us for just a brief mo- saw someone in the water thrashing leagues again with the words of former ment, lead to such an outpouring of about 60 feet away from the boat. He Secretary of State George Shultz: grief from a community? Anywhere didn’t know who it was, and without The truth is, power and diplomacy must al- you go in Miami, that is all anyone thinking, he jumped in to save that ways go together, or we will accomplish very could talk about over the last 48 hours. person. It was only when he got close little in this world. Power must always be I think that to understand it, you have to the person who had fallen overboard guided by purpose. At the same time, the to understand his story. that he realized who it was—his moth- hard reality is that diplomacy not backed by I had never met Jose Fernandez, yet er. He recalled swimming toward her strength will always be ineffectual at best, and watching her struggle in the rough dangerous at worst. I feel as though I knew him, and that is how millions of people feel. They had seas. When he finally reached her, he That is the situation we are in today. calmed her and told her: Grab my back, I yield the floor. never met him, but they feel as if they I suggest the absence of a quorum. know him. They feel as though they but don’t push me down. Let’s go slow The PRESIDING OFFICER. The know him because his story, his fam- and we will make it. She held his left clerk will call the roll. ily, and his passion, in the end, is our shoulder, and with his right arm—by The legislative clerk proceeded to story, both as Cuban Americans and as the way, his pitching arm—he paddled. call the roll. Americans. He swam 15 minutes back to the boat Mr. RUBIO. Mr. President, I ask By now, most of the Nation has seen in waves he later described as ‘‘stupid unanimous consent that the order for tributes to Jose. They have seen com- big,’’ and he pulled himself and his the quorum call be rescinded. memorations showing footage of what mother to safety. Jose was 15 years old. The PRESIDING OFFICER. Without he accomplished on the field in the way Before America ever met Jose objection, it is so ordered. most baseball fans knew him—as Jose Fernandez and before his fastball Mr. RUBIO. Mr. President, I ask Fernandez, the dominant baseball play- earned him millions of dollars and unanimous consent to be recognized as er, the Tampa Alonso High School countless fans, this young man of only in morning business. phenom who lead them to two State ti- 15 had struggled against all odds in the The PRESIDING OFFICER. Without tles. He was a first-round draft choice, middle of the night in rough seas, re- objection, it is so ordered. Rookie of the Year, and two-time All vealing who he was and what he would REMEMBERING JOSE FERNANDEZ Star. As a baseball player, quite frank- one day be. As he would later tell us, Mr. RUBIO. Mr. President, I awoke ly, there were few better than Jose the harder part of his life was still to early Sunday morning to familiar news Fernandez. But, from everything we come. in Florida. Three boaters had lost their know, off the field, as a human being, Like so many immigrants, my par- lives in an accident, and at the time a son, a grandson, a teammate, and a ents included, his first years were dif- their names were not known. Unfortu- neighbor, I believe he was even better. ficult. He struggled when he first ar- nately this happens quite often, espe- He was born in Santa Clara, Cuba, in rived, feeling overwhelmed by his new cially at night and during this time of a place where tree branches and rocks surroundings and new language. He was the year. A couple of hours later, as I are what passes for Louisville sluggers helpless, alone, and missing his family, especially his grandmother, who he was driving to church with my family and Rawlings balls. He was drawn to once said was the love of his life: ‘‘She early that morning, I got a text that I the national sport of Cuba. He would was my everything.’’ He said it was the didn’t get to look at until we had spend countless hours swinging toughest period of his young life. It parked, and it basically said that Jose branches at rocks he had collected, was even tougher than the time he Fernandez, the all-star pitcher from dreaming of the day his talents could spent in a Cuban prison after he tried the Miami Marlins, had lost his life in and would take him somewhere else. to defect, but he overcame all of that a boating accident. Immediately I was Thanks to sacrifices by his mother, and eventually came into his own. able to connect the two events and re- who would take him to the ballpark so He was a star on the high school dia- alized that one of the three boaters he could play youth baseball, he start- mond in Tampa, and the scouts took who had lost their lives in the boating ed to demonstrate a special talent at a notice. Before the 2011 draft, Major accident was Jose Fernandez—and his young age. League Baseball released their scout- By the time he was a teenager, like two friends, Emilio Macias and ing report on him. He got high marks more than a million Cubans during the Eduardo Rivero. for his athletic abilities, but what set His death at just 24 years of age has past 50 years, Jose faced a difficult him apart was how he rated when it obviously devastated his family, but it choice. His stepfather, a baseball play- came to his poise, instincts, and ag- has also had an extraordinary impact er in his own right, had defected after gressiveness. The notes on the official on our community. It has shaken the 13 attempts and made himself a life in scouting report read: ‘‘Exudes con- Miami Marlins organization and its Tampa. Jose could stay in Cuba, a fidence. No fear approach.’’ This was fans. It has rocked Tampa, FL, where place that, to this day, is still ruled by not cockiness or arrogance. It is the he played in high school, and South a despotic regime where your talent kind of peaceful self-assurance that Florida communities where he lived and work can take you only as far as comes from a kid who had known life and was just starting to make his unelected dictators say you can go, or and death, had known freedom and cap- mark. It has had a deep impact on im- he could risk it all for a chance at free- tivity, and had lived more life in 19 migrant communities, especially the dom. He risked it, not once, but on four years than a kid his age should have Cuban exile communities in South separate occasions. So desperate was to. Florida, and, of course, the entire base- he to leave that island that he took his He finally reached the Major Leagues ball and sporting world. chances crossing the Florida Straits on with the Marlins, and right away you His talents were unquestionable, boats that probably had no business saw a young man blessed with Hall of even though he had only a brief and being more than a few miles off shore. Fame talent, blue-collar work ethic, shining career in Major League Base- Three times he tried, and three times and played the game with the energy ball. He had played for a year, was in- he failed. After his third attempt, the and enthusiasm of a boy who under- jured over the past 2 years, and when Cuban Government put him in prison stood and appreciated just how blessed he came back, he had a better year for 2 months. He was 14 years of age at he was. than he did in 2013 when he was Rookie the time and was placed in a prison cell One of Jose’s proudest accomplish- of the Year. He was obviously a young with hardened criminals, murderers—a ments—in fact, he said his proudest— man on his way to a distinguished ca- boy among the worst. was not on the diamond. We know this reer that I believe would have led to Then came a fourth try, but instead because he told us. Last year, Jose be- the Hall of Fame and, perhaps along of a short and treacherous journey to came an American citizen, and after- the way, a couple of pennants. Miami, they chose a longer and more ward he said: It is interesting that his impact goes dangerous journey to Mexico. At one This one is my most important accom- well beyond what one would normally point during that fourth journey on a plishment. I’m an American citizen now. I’m

VerDate Sep 11 2014 02:56 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.014 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6103 one of them. I consider myself now to be With that, I yield the floor. I want to show you some more pic- free. I suggest the absence of a quorum. tures and some more charts. This head- I thank this amazing country for giving me The PRESIDING OFFICER. Will the line: ‘‘Pregnant women, kids cautioned the opportunity to go to school here and Senator withhold his suggestion? over Jackson water, lead.’’ learn the language and pitch in the major Mr. RUBIO. Yes. leagues. This is Newsweek: ‘‘WITH LEAD IN It’s an honor to be a part of this country, Mrs. BOXER. I thank the Senator. THE WATER, COULD SEBRING, OHIO and I respect it so much. The PRESIDING OFFICER. The Sen- BECOME THE NEXT FLINT?’’ Jose knew. He knew how special and ator from California is recognized. The next Flint? These are other cit- Mrs. BOXER. Mr. President, I want fortunate and blessed he was and we ies in our country where the lead is to associate myself with those remarks are. He knew how improbable his jour- leaching into the drinking water. This that were made. It is a tragedy to lose ney was, from the rocks and branches is not a Democratic or Republican such a fighter, talent, and hero like in Santa Clara to the brightest lights issue. We fixed it over here, all of us to- that. of the show, from a Cuban prison to a gether. Now we are being told by the Speaking of heroism, we need a little Major League clubhouse, from living in Republican leader that he can’t pos- bit of it on the floor here. We need to a Communist nightmare to living the sibly take care of it in the continuing have a leadership here that under- American dream. And that is why resolution while he takes care of other stands when children are being Jose’s death has hit so many so hard; places. Since when do we play God and poisoned by lead in their water, we Jose’s story is our story. He reminds so decide which people are deserving of need to do something about it. We need many in my community of someone our help? When they are suffering, you leadership that understands that, just they know—a brother, a son, or a neph- help people. When there has been ter- ew. Jose represented not just all of us as the people of Louisiana deserve rible mistakes made with the drinking who were fortunate to live our own every bit of help, so do the families of water supply, you help people, and we American dream; he represents count- Flint. We need a leadership that under- did it in a way that is financially and less others who never made it, the ones stands our responsibility to children. fiscally responsible. We figured out a What good are we? way to pay for this new program that who lie in unmarked graves along the Now, I have to say, I stand here as Florida Straits, those who died in po- will not only help Flint pay for their the ranking member of the Environ- litical prisons in Cuba, those who sent pipes but will help cities like this all ment and Public Works Committee, their children to America hoping to over the country. and we are responsible for the Safe join them later only to never see them Here is another headline: ‘‘Elevated Drinking Water Act and Clean Water again, those who long gave up hope Lead Levels Found in Newark Schools’ Act. My partnership with Senator that life in Cuba could ever return to Drinking Water.’’ INHOFE, which has been noted by a few what it once was but had found new ‘‘Lead in water not confined to around here, has extended to taking hope, joy, and gratitude in this, the Flint.’’ care of the people of Flint. We took greatest country the world has ever Our provision that we put in helps known. care of the people of Flint and all of people all over this great Nation of We loved him just a little more and the kids who were exposed to lead in ours. What else do we have to show? I took more pride in him than most, but the water in the Water Resources De- want to tell you the list of organiza- Jose didn’t just belong to Cuban Amer- velopment Act that passed here with tions who are calling to add aid to icans. He was a young man from Santa over 90 votes. That is good. That says Flint and these other cities into the Clara, Cuba, playing America’s pastime there is goodness in the U.S. Senate, continuing resolution: The AFL–CIO, in a truly unique American city on a but unless we can deliver this bill and Catholic Charities, First Focus Cam- team with players from Taiwan; Ven- put it on the President’s desk, it is a paign for Children, the Congressional ezuela; Japan; Dominican Republic; meaningless goodness. It is for-show Black Caucus, Human Rights—rep- Mobile, AL; and Panorama, CA. Jose goodness. resents more than 200 national organi- Fernandez was the pride of Miami, but I have to say, it is so simple. The zations—A. Philip Randolph Institute, he belonged to every fan who loved to continuing resolution has in it help for the ACLU, African American Min- watch him pitch. When Miami saw Louisiana, and those people deserve isters, American University Women, Jose, they saw more than just a great that help but so do the people of Flint. American Family Voices, American athlete, they saw all their hopes, How easy is it? It is already paid for. Federation of Government Employees, dreams, and aspirations—all we are and We figured it out. It doesn’t cost a American Federation of State, County all we could be, and we said to our- penny. Unlike helping the people of and Municipal Employees, American selves: This is what the American Flint where we put that into the emer- Federation of Teachers, American Is- dream looks like, and, boy, is the gency spending, we have paid for the lamic Congress, American Rivers, American dream alive and well. way to help the people of Flint and the American-Arab Anti-Discrimination This young man meant a lot to a lot children all over this country who have Committee, Americans for Democratic of us for different reasons and in dif- suffered from the impact of lead. Action, Andrew Goodman Foundation, ferent ways, and now, just as quickly I want to show you some charts that Asian and Pacific Islander American as he came into our lives and was com- demonstrate what it is like. This is Health Forum, Asian Americans Ad- ing into his own and really starting to what corrosive water has done to leach vancing Justice, Asian Pacific Amer- fulfill his athletic potential—just as we the lead out of these pipes. These are ican Alliance, Bend the Arc Jewish Ac- were getting to know him, he was gone. the drinking water pipes. Why did it tion, Campaign for America’s Future, In a moment of unimaginable grief, I happen? Because unelected people in Catholics in Alliance for the Common thank his family for bringing him into Flint, appointed by the Governor there, Good, Center for Community Change this world and raising him, despite dif- decided they wanted to save a few Action. ficult obstacles, to become the man he bucks and they changed the source of We can see all the interfaith groups. was, and for encouraging Jose to never the drinking water. They switched to a Every religion is asking the majority give up in the search for freedom—a very corrosive drinking water. It leader to take care of these children. freedom that eventually allowed him leached all this lead out, and the lead For God’s sake, where is your heart? to share his many gifts with us on and poisoned the children. That is a simple Where is your heart? off the field. fact in evidence. We need to fix it. We We have paid for it. We have taken Jose Fernandez made Tampa’s need to replace it. care of it. We are helping Flint. We are Alonso High better, the Miami Marlins I want to show you something else. helping all the communities. Let’s con- better, and he made all of baseball bet- This is what it looks like. If you saw tinue to see these groups: Center for ter. He made Miami and Tampa better, this color water coming out of your Law and Social Policy, Children’s De- and the way he lived his life reminded tap, you would get out of the house fense Fund, Children’s Health Fund, us of how blessed we are to live in this, with your family. I would get out of Common Cause, Disability Rights Edu- the greatest Nation on Earth. My the house with my family. We are cation & Defense Fund, Environment friends, that is not bad for a 24-year-old lucky. We have more resources than a America, Every Child Matters, Inter- kid from Santa Clara, Cuba. lot of folks. national Association of Official Human

VerDate Sep 11 2014 02:56 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.015 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6104 CONGRESSIONAL RECORD — SENATE September 27, 2016 Rights Agencies, National Association Guess what is not in their bill? Any leaching into the water from the aging of Social Workers, National Black Jus- provision to deal with lead in drinking drinking water pipes. tice Coalition, the National Coalition water. They think: Trust us. We don’t We will show those pipes again. Look on Black Civic Participation Black need it in the CR. Let’s take care of at that picture. That is frightening. Women’s Roundtable, Jobs With Jus- these other people, but we don’t need a It wasn’t until January of 2016 when tice, the League of Conservation Vot- continuing resolution. Don’t shut down the government declared a state of ers, the League of United Latin Amer- the government. Come on. We will take emergency. Meanwhile, a local doctor ican Citizens, MomsRising, the care of it in WRDA. Really? Well, they began warning of the high levels of lead NAACP, the United Automobile, Aero- had a chance yesterday to allow an in children’s blood, but State officials space and Agricultural Implement amendment to add Flint’s provisions to assured those parents their water was Workers of America, the Jesuit Con- the WRDA bill. Guess what they did. safe to drink. One hundred thousand ference of Canada and the United They said no. They said no. They will working-class Americans in Flint—Af- States. not even allow a vote. Chairman SES- rican Americans, White Americans, Where are your values? Where are SIONS—not Senator SESSIONS, this is Hispanic Americans—41 percent living your religious values, I say to the ma- Chairman SESSIONS over there in the below the poverty line, used contami- jority leader. You can take care of this, Rules Committee. He said: You know, nated water for drinking, for cooking, and it doesn’t cost a penny, and you Flint can be an earmark. Well, No. 1, it for bathing for months without know- will shut down the government rather is not an earmark because we take care ing about it because these so-called than do this? You have to be kidding. of all areas where there is lead in the local officials appointed by the Repub- Here are some more organizations: drinking water. lican Governor refused to tell them National Council of La Raza, National No. 2, what did PAUL RYAN say? The there was a problem, and the Repub- Disability Rights Network, National Speaker over there, the one who said lican leadership here has the temerity Education Association, National Em- he is so compassionate for poor people, to say those people don’t deserve relief ployment Law Project, National Fair said: This is a local matter. or say that we will take care of it in Housing Alliance, National Jobs for All A local matter? How is it a local the Water Resources Development Act, Coalition, National Urban League, Na- matter, when the people of Flint were when yesterday the House refused to do tional Women’s Law Center, the Na- being governed by people appointed by it. There are 12,000 Flint children who tional WIC Association. the Governor and they decided to save were exposed to lead-tainted water, ac- Do you know what WIC stands for? money and they didn’t care what hap- cording to NBC. Those children will be Women, Infants and Children. They pened? They went to a cheaper water dealing with the harmful consequences make sure our babies are healthy, and supply and they poisoned the people. of lead contamination for the rest of they know there is no safe exposure of A local matter, really? Is it a local their lives. No safe level of lead is lead in a child, and they know lead matter to not have safe drinking known. There is no safe level, and the builds up. water? Really? Ask the people who exposures are generally irreversible. Here are more organizations: Res- served when Richard Nixon was the What does lead do? It harms the de- taurant Opportunities Centers United, President, and he started all the envi- veloping brains and nervous systems of Service Employees International ronmental landmark laws. children and fetuses. This is a tragedy. Union, the Sierra Club, the United People have a right to clean air. Peo- Yet the Republican leader comes to the Church of Christ Justice and Witness ple have a right to clean water. People floor and says: Oh, we will take care of Ministries, the United Methodist have a right to safe drinking water. it after the election. Don’t worry about Church General Board of Church and People have a right to these things, it. Society, Voices for Progress, People for and we have a responsibility to ensure No, that is wrong. That is not right. the American Way. that they have that right because the In my position as the ranking mem- We don’t want to listen to Demo- consequences are dire. ber of the Environment and Public crats? Listen to the churches. Listen to A local matter? That is Speaker Works Committee and before that, as the great religions. Listen to the peo- RYAN, the Republican Speaker, who chairman, I swear I could stand here ple who fight for children. Put Flint in said he is so compassionate. Why isn’t and tell you I gave my heart and soul the continuing resolution. It doesn’t he making this happen? Why isn’t he for the people of Louisiana and the gulf cost a penny. helping us? We cannot trust the House coast when they were hit by strife. I I want to go back to the photo of to address Flint. They proved it yester- went to Louisiana. I stood with the what it looks like when lead comes out day. They will not even allow an people of Louisiana. I stand with them of the water. I want to show you that amendment. All they have to do is now. They deserve our help. So do the picture. That is what it looks like. The allow an amendment and the amend- people of Flint, and so do the people of majority leader, when asked about ment passes, same as the Senate, send all the communities that are suffering this, says: Oh, I don’t have to put this it to the President. It is in the bill. We from lead in drinking water. in the continuing resolution. I just are done. We are happy. Then you don’t It has been over 9 months since Flint know, I know that we are going to get have to put it in the continuing resolu- was granted an emergency declaration, this in the Water Resources Develop- tion. All you have to do is take up and and the citizens continue to deal with ment Act. pass the Senate bill, the Senate WRDA the horrible water crisis. They do not As I started out saying, this Senate bill, which passed here with over 95 have access to safe drinking water. voted by more than 90 votes to fix votes. Do you think they would take it This started in 2014, and in 2016 the Re- Flint and to fix this problem with lead and pass it in a time when we can’t publican leader doesn’t understand in the drinking water by setting up a even agree on a resolution commending that is wrong, that we haven’t helped paid-for program in the WRDA bill. I Mother’s Day? We can’t even agree on those people. Come on. Don’t hide be- thank Senator INHOFE, my chairman. something simple. hind the Water Resources Development What a joy to work with him and his We agreed with 95 votes on a WRDA Act because in the House they have not staff office. He is committed to this. I bill. Take it up and pass it, get it off agreed to fix it. Why are Republicans am committed to this. the plate, and then we can get this picking and choosing communities that What about the House? Because I issue behind us. They will not do it. deserve our help? don’t have to tell you or explain to you The suffering in Flint has gone on for We are going to have a vote today, how a bill becomes a law. It has to go far too long. The crisis began in 2014, and that vote is important. We need to to the Senate. It has to go to the when that unelected Flint leadership be strong. We need to say we are for House. It has to go through a con- appointed by the Republican Governor helping the people of Louisiana, we are ference committee to debate the dif- of Michigan cut costs by switching the for helping people, but we are not for ferences, then it has to go to the Presi- water supply to the corrosive Flint leaving out these poisoned children and dent to either sign or veto. OK. The River. The city managers failed to use this community that has been suffering House passed a WRDA bill. Guess what corrosion control measures, and that when we can fix it without a penny of is not in their bill? Flint. was a disaster because lead began taxpayer cost.

VerDate Sep 11 2014 02:56 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.017 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6105 I hope we are going to vote no on have the Clean Water Act. These were Virginia. Twenty-three West Vir- that, and maybe then the leader will signed by Republicans and Democrats, ginians lost their lives. Amazingly, the decide to put Flint into this continuing signed into law by Republican and last victim was found—a 14-year-old resolution. We cannot play games with Democratic Presidents. girl—probably just a month ago. this. This can be fixed. Ninety-five Sen- I hope that the leader, with whom I Twelve counties were declared Federal ators know how to fix it. This can be have had some excellent relations of disaster areas. For some areas of West fixed. late, will rethink this and that we can Virginia, this was a thousand-year We are very worried about this issue leave here in an election year knowing event. It came up so quickly. Some of of lead in drinking water because mil- we helped all the people. our oldest and our poorest commu- lions of homes across America receive Thank you very much. nities suffered serious destruction, and water from pipes that date to an era The PRESIDING OFFICER. The Sen- nearly 90 percent of the homes and before scientists fully understood the ator from Mississippi. businesses affected did not have flood harm of lead exposure, so there are Mr. COCHRAN. Mr. President, the insurance. lead pipes. If you put the wrong type of Senate is scheduled to vote at 2:15 on I toured most all of the affected areas water into those pipes, it will leach the the continuing resolution. The resolu- and talked to some very brave people lead out. So families are unknowingly tion will provide $1.1 billion in emer- and very brave local mayors, who were bathing in lead, they are drinking lead, gency funding to respond to the Zika doing a great job. There are 5,100 and they are cooking with lead. This is virus outbreak. Funds are included to homes and businesses that have suf- wrong. accelerate vaccine development, pro- fered a loss, as verified by FEMA. Sev- The Presiding Officer has to hear vide mosquito control in areas where enty-five percent of the affected homes this. This is very important to hear. the virus is being transmitted, and ad- have been deemed unsafe by inspectors, We don’t just fix the problem in Flint, dress health conditions related to the so we have thousands of people who are we set up a new program to help com- Zika virus. not living in a permanent home situa- munities all over the country. The The bill also includes $500 million to tion. Some are still living in tem- American Water Works Association es- help Louisiana, West Virginia, and porary situations that are unsafe, and timates that as many as 22 million other States recover from devastating certainly, moving into the fall, it Americans have lead service lines. So floods. We will continue to assess the would be very unhealthy. what are we going to say? We won’t total recovery needs in those States, There is a significant need for re- take care of this in the continuing res- but this funding is needed immediately sources to help communities, individ- olution; we will just throw it over into to help get residents back into their uals, and small businesses to recover, the water bill. Yet the House Repub- homes and businesses. and disaster-related needs go beyond licans are very disinterested in this. The fiscal year 2017 Military Con- the disaster reimbursement provided I have read the organizations—and struction and Veterans Affairs appro- by FEMA. Our Governor, Earl Ray this is the first time I have actually priations bill is also included in this Tomblin of West Virginia, wrote to looked at all those organizations. legislation. The bill provides record President Obama earlier this month I just wish to make this last plea to levels of funding for medical care and outlining the significant need for dis- the Republican leader and to all of you other important veterans programs. It aster aid. The Governor’s letter identi- who run this place here, for now, and also funds housing for military per- fied $310 million in flood-related needs that is this: If we are here for any rea- sonnel and their families and supports from the Federal Community Develop- son—and we thank God we are here. infrastructure that sustains U.S. mili- ment Block Grant Program. What an honor it is to be here. As I tary forces. I am a member of the Senate Appro- look at my days dwindling down in the Enactment of the Military Construc- priations Committee. I very much ap- Senate, I am filled with an emotion tion and Veterans Affairs appropria- preciate our chairman, Senator COCH- that I have been able to help so many tions bill would mark the first time RAN, coming to the floor today to im- people. Why are we here? Not to hurt since 2009 that a regular appropriations plore, after all this hard work trying to people, not to turn a blind eye to the bill has been signed into law before the get this continuing resolution con- suffering of people, but to step up to end of the fiscal year. This would be firmed. the plate and say: You know what, we another step in the right direction as I have worked hard to secure the re- understand, and we are going to help. we seek more regular consideration of sources in this bill for our West Vir- We have a chance to do that. appropriations measures. ginia flood victims. The legislation we I was so proud of my partnership This legislation also includes a con- will vote on today takes an important with my Republican friends on the En- tinuing resolution to sustain govern- step to address flood recovery in dis- vironment and Public Works Com- ment operations at current levels until aster-stricken portions of West Vir- mittee. We took care of this in the December 9. This will give us addi- ginia and certainly for our friends in WRDA bill. We solved the problem in a tional time to complete work on the Louisiana and other parts of the coun- fiscally responsible way and a judicious fiscal year 2017 appropriations bills. I try. I thank my colleagues on the Ap- way. We have it solved. It is done. The am pleased that the Appropriations propriations Committee. I thank the work is done, and 95 Senators stood be- Committee reported all 12 of the reg- leader for listening to me. I thank hind that work. ular appropriations bills for the second Chairman COCHRAN and Senator COL- What we want to say to the House is year in a row. The Senate has approved LINS, who chairs the subcommittee, for this: Take up and pass the Senate bill. three of these bills. We look forward to responding favorably to my request for Take care of this matter. If you can’t completing our work on the remainder. these desperately needed resources. do that, give us an ironclad commit- I urge the Senate to approve the con- This bill begins to address this by in- ment that you will absolutely get it tinuing resolution. cluding funds for the Community De- done. The PRESIDING OFFICER. The Sen- velopment Block Grant Disaster Re- Short of that, it has to go into the ator from West Virginia. covery Program. Those funds will help continuing resolution. Until then, what Mrs. CAPITO. Mr. President, I rise meet housing and infrastructure needs we are doing in the continuing resolu- today to ask my colleagues to support in communities impacted by the flood- tion is saying yes to the suffering and this cloture motion this afternoon and ing in West Virginia and all across the pain of some of our beloved citizens move forward in passing the continuing country. and no to the suffering and pain of an- resolution to fund our government Given the need in my State and other other set of our beloved citizens. This through December 9. States, such as Louisiana and Texas, is the United States of America, not Flooding is a national emergency. I additional disaster funds beyond those the Divided States of America. We care have heard many Members talk about in this bill will be needed. This is an for all our children, for all our fami- the flooding in Louisiana, West Vir- emergency. This means now. These lies. We look at safe drinking water as ginia, and Texas. floods occurred several months ago. a right. That is why we have the Safe It is a devastating circumstance we I could have easily come to the floor Drinking Water Act. That is why we find ourselves in in the State of West today and heralded the record funding

VerDate Sep 11 2014 02:56 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.018 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6106 CONGRESSIONAL RECORD — SENATE September 27, 2016 this bill includes for our Nation’s vet- communities large and small through- to be able to back our veterans and not erans or the important resources it out America the information about the just with lip service and wonderful yel- provides to help combat our opioid and weather they need to prepare for every- low ribbons. We need to do our duty. heroin epidemic—something that is thing from natural disasters to plan- We have the funding ready for the de- devastating my State and many States ning to prevent our oranges and peach- fense of the Nation and the things to across this country. These are needs es from freezing on the trees. protect America outside of DOD. facing all States. They should have The Senate has until Friday of this We have agreed on helping with Zika been addressed by our regular appro- week to avoid a government shutdown. and victims in Louisiana, but the Re- priations bills. As I said last week—and I have said publican continuing resolution doesn’t No one likes the fact—well, I don’t many times—Democrats are ready to help Flint, MI, and it includes poison think anyone likes the fact that a con- negotiate. We are willing to com- pills. So I want to end the partisan tinuing resolution is necessary. The promise, but there are certain things gamesmanship—no shutdowns, no Senate Appropriations Committee, of we cannot capitulate on, and Flint, MI, slamdowns, no showdowns. That is why which I am a member, passed all 12 of is one. I want to be clear about three changes the appropriations bills. Many of them Last week, the majority leader, the I strongly recommend. were bipartisan and worked out be- distinguished Senator from Kentucky, No. 1, we need Flint, MI, funding. I tween the chair and the ranking mem- Mr. MCCONNELL, filed a Republican see the Senator from Michigan is now ber. I wish the Senate had acted on all continuing funding resolution. The on the floor. She is a sister social of these. We tried for weeks and weeks leader has ‘‘filled the tree,’’ which is worker, and I so admire her unabashed, to get cooperation to move through Senate speak for meaning we cannot unrelenting, unflagging support, par- these bills in a predictable and very re- amend the continuing resolution before ticularly for the children and particu- sponsible manner so that we could have us. So we are stuck. We are stuck in larly for the small businesses for Flint, addressed our Nation’s priorities in a the same old ways, with the drama of MI. She has been so steadfast, unflag- fiscally responsible way. But this bill being so close to the deadline, it can ging and unrelenting, and we need to today keeps our government open and threaten a showdown, a slamdown. be the same way. We had $220 million for water infra- provides the additional resources to This is not where we want to go. structure that passed in the Water Re- help our flood victims who are still suf- What do Democrats want? Well, we sources Development Act on a vote of fering so much. It helps our veterans, want what the American people should 95 to 3. Guess what. It is fully paid for. and it helps to address those who are want. No. 1, let us keep the govern- So what is the problem? What is the suffering this new and devastating ment open through December 9. Now, I am not saying shut it down December problem with Flint, MI? scourge of opioid and heroin addiction. When I think about Flint, I think 9. I am saying that by December 9, we I ask my colleagues to join me in sup- about little children with lead in their could come to a complete omnibus bill, porting this legislation. drinking water. What does that do? It meaning our total funding for the fis- I yield the floor. stifles intellectual development. It in- The PRESIDING OFFICER. The Sen- cal year that lies ahead. hibits you for the rest of your life from ator from Maryland. Second, as Americans, we need to fulfilling your God-given full intention. Ms. MIKULSKI. Mr. President, I rise look at each other across the aisle, If we respect life, we should do all we to also speak about the continuing res- across State borders, and meet compel- can to sustain it. olution, and I speak in opposition to ling, urgent needs, such as Zika, such Then, think about small businesses. the continuing resolution. as the floods in Louisiana and West Think about trying to run a business I just want to say to the Senator Virginia and other States, and in Flint, when you don’t have water. Water, from West Virginia that I so respect MI. water, everywhere water, water, but the leadership role she has played in We need to be free of poison pill rid- none of it fit to drink. How do you run the Senate. What a diligent Senator ers like the rider preventing the Secu- a little diner? How do you run a little she is, in her advocacy for West Vir- rities and Exchange Commission from diner or a produce stand? ginia and the flood victims who really requiring companies to tell investors As I said, my father owned a small have not only my sympathy but as the where they are putting their political grocery store. Everything was spotless. vice chair of the Committee on Appro- contributions. What is wrong with Everything was meticulously clean. He priations, I would like to be of help to that? Shouldn’t we have an open and made sure his fruits and vegetables her and to the people of Louisiana and transparent process? We are not asking were clean. Everything was clean. He West Virginia, but I would also say we any company to reveal their trade se- didn’t have lead in the water. So let’s can’t leave out Flint, MI. We just crets, but trading in political contribu- get on with it. can’t. tions should not be a trade secret. It is We know there are people in this Now, we don’t want to ‘‘Christmas about are you trading, are you country who have been hit by floods. tree’’ the bill—she and I are experi- ashamed—are you ashamed of your po- They have too much water. Flint has enced legislators—but really, when we litical contribution? Wow. Is that what too much of the wrong water. We can think about Flint, imagine living off of you want to do? You want to hide it? I right that wrong by just joining our bottled water. Imagine trying to run a don’t think that is America. We are hands and understanding compelling small business. I don’t know if my fa- not saying to whom companies should human need. It doesn’t come from a ther who had a small grocery store give, but they should tell us to whom Democrat or a Republican ZIP Code, it could have kept it open. I do hope we they did give. comes from the United States of Amer- can put our heads together to come up Let us also provide a full year of ica, and we should be united in dealing with a solution, get rid of the poison funding for our veterans and our mili- with it. pill riders, and meet the compelling tary construction, most of all for our We should strip out the poison pill human needs, as the Senator articu- veterans. Talk about compelling riders, such as the SEC political con- lated so well, and find a solution to human needs. We are just weeks away tribution transparency rider. We keeping the doors of government open. from once again celebrating Veterans should reduce the Zika offset package Right now we need an open mind in Day. Celebrating veterans shouldn’t be to $375 million. These are reasonable talking with each other, and so I look just 1 day a year. It has to be every day changes that if the Republican caucus forward to being able to do that. of every year. is willing to agree, we could pass the Mr. President, I do come here to dis- We have men and women—some of continuing resolution today. cuss keeping the government open. whom have served in the Senate, such I remind my colleagues that when I That is really important to me. I have as the distinguished Senator from became the first woman to chair the 300,000 Federal employees in Maryland, Georgia, Mr. Max Cleland, and others— Committee on Appropriations upon the and they do everything from working who come back bearing the permanent death of the esteemed Senator Inouye, at NIH to find a cure for cancer or find wounds of war, and we need to pay and the funding to respond to Hurricane a cure for Alzheimer’s to working at bear the permanent responsibility for Sandy was on the floor. Working to- the weather service so we can provide caring for those who did serve. We need gether, we were able to pass that bill

VerDate Sep 11 2014 02:56 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.019 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6107 and meet compelling human need. I support and understanding of what the ance; whether it is livestock disaster would like to be able to do that now. people in Flint are going through. assistance, which I put in the last farm Throughout my tenure as the chair Two weeks ago now, we were feeling bill, which affects very few people in and vice chair of the Committee on Ap- like we were on our way finally. We Michigan but an awful lot of people in propriations, I have lived by the prin- spent the last 8 months getting the West and the South; whether it is ciple that we owe the American people through various procedural hurdles and that or a fertilizer plant explosion help when disaster strikes. We should objections to get help for Flint and caused by various issues of malfeasance respond to Zika that is now affecting other communities with lead poisoning in West Texas that exposed people to 23,000 people, 2,000 pregnant women. We and other water issues. We had a bill chemicals, and the Federal Govern- need to help the victims of Louisiana come to the floor, and I greatly appre- ment came in to help—wherever it is, and other States that have been hit. ciate the majority leader bringing it to we step up together in extraordinary We just saw the terrible things going the floor. We had a terrific bipartisan circumstances when there is an emer- on in Iowa. We must help the 100,000 team, with Senator INHOFE and Senator gency, a disaster beyond the control of people in Flint who are still waiting for BOXER leading us in passing a very im- the citizens and the community in- the water in their pipes to be clean and portant bill. As I have said, it passed 95 volved, and we help. This has not been their children, being exposed to lead, to 3. That doesn’t happen a lot around partisan in the past. We have not de- protected. The people of Flint need here—95 to 3. We thought we were on cided by ZIP Code or whether you had help. our way. The families of Flint were in a Republican Senator or a Democratic We passed the WRDA bill, and we town at that time, and we felt like, fi- Senator representing you. We have need now to pass a CR that gets rid of nally, maybe there was some hope. stepped up together to support efforts, poison pill riders, meets compelling We were told WRDA would be coming and I supported every single one of human needs in every part of our coun- up quickly the next week in the House. them. What is different about Flint, try, and also makes sure our veteran That didn’t happen. What we saw in- MI? That is the question. The only funding is there to ensure there is no stead were comments that House lead- thing I know that is different is that backlog in applying for their disability ership—the Speaker and the chairman we have actually agreed to eliminate a benefits and no backlog when they try of the committee—would not support program to fully pay for what we are to get to see a doctor. Flint being a part of the House WRDA doing to help. Normally it is not paid I am so proud of my Committee on bill. for; it goes on the deficit. We don’t see Appropriations that is working with We have heard, on the one hand, that a program being eliminated to fund the the VA on the veterans bill. We have a we should wait for WRDA, and then the floods in Louisiana or other areas, but wonderful bipartisan bill working to same people say, but we don’t support we took the extra step. We are actually meet the needs of rural veterans and putting Flint in WRDA. OK. We have phasing out a program that affects pre- veterans who had to wait in line for the same people saying this is a local dominantly Michigan, that I authored mental health needs and the other sup- issue, while the House Government and in the 2007 Energy bill, because of the port we need to help with. Oversight Committee and Chairman urgency and the dire circumstances in So let’s do our job, really. Hello? CHAFFETZ held hearings, bringing in the city of Flint. That is the only dif- Let’s do our job. I believe there is still the EPA Administrator and chal- ference I see, is that it costs nothing to time to work this out, but until we do, lenging her to step down because of do this—nothing. We could do it by I oppose cloture on the McConnell sub- what the EPA did in Flint. So, OK, it is unanimous consent today. It costs stitute. local. No, it is the EPA, which is Fed- nothing. Mr. President, that concludes my re- eral. So then the real question is, well, marks, and I yield the floor. We feel like we are being bounced why? Why is there such a problem? The PRESIDING OFFICER (Mr. back and forth and back and forth, and Why is there such a problem including PAUL). The Senator from Michigan. the bottom line is, people in Flint still something that costs nothing on this Ms. STABENOW. Mr. President, I ask can’t drink the water. Since mid-Au- short-term appropriations bill? I don’t unanimous consent to speak for up to gust, we have had more than 611,000 get it. The people of Flint don’t get it. 10 minutes. cases of bottled water delivered to fam- The fact is, I hear from people all over The PRESIDING OFFICER. Without ilies in Flint. In fact, ‘‘delivered’’ is the the country who don’t get it. objection, it is so ordered. wrong word because most of the time This is an opportunity today, and I Ms. STABENOW. I thank the Chair. they have to figure out a way to pick it am strongly urging that we reject the Mr. President, the first thing I want up. If you are riding a bus, walking, or continuing resolution in front of us and to do is thank our very distinguished if you have a car, you are trying to fig- ask the leaders to go back to the draw- Democratic ranking member on the ure out when you are going to get the ing board and get it right and to indi- Committee on Appropriations, the bottled water to bathe in, feed your cate that we see, we hear, and we care former chair, Senator MIKULSKI. She children with, cook with. This has gone about 100,000 people in Flint, MI; about has been with us every step of the way. on day after day after day. 9,000 children under the age of 6; about I have learned a lot about lead expo- So while we thought we had a path, people who live in homes that have sure. I thought I knew a lot, but by sit- now it is extremely unclear. I trust our some lead levels higher than a toxic ting down with Senator MIKULSKI, leaders here—Senator INHOFE and Sen- waste dump; about the mom who was when we have had an opportunity to ator BOXER—in the Senate, but we are here 2 weeks ago whose daughter was have discussions about potential treat- getting a very different message from bright and engaged and going to school ments to help and impacts regarding the House of Representatives, and then and now, after lead exposure, is lethar- the lead, I have learned how very all of a sudden we have a short-term gic, is not focused, and she can’t eat a frightening it is, particularly for chil- appropriations bill, a continuing reso- sandwich because her teeth are crum- dren what lead poisoning means. lution, where we could, in fact, stop all bling because she had zero vitamin D— Over the years, I have appreciated the back-and-forth, ping-ponging, and zero. When she was tested, the doctors Senator MIKULSKI’s advocacy and lead- get this done for the people of Flint. immediately put her into the hospital ership with the National Institutes of We are told no. The people of Flint are to give her massive doses of vitamin D Health and the Centers for Disease told no. Then all of a sudden there is for her bones. How do I tell that mom Control and in other areas on health help for Louisiana. that we could help her now and it is care. That leadership has made a tre- I am happy to support the people of not going to happen? I don’t get it. mendous difference, including helping Louisiana. It would be a tragedy and, It is time to vote no on this proce- to create a way to have some options frankly, an outrageous way to make dural motion on the CR and get back on treatment for children. So I want to decisions if the answer, after all of to work and make sure that families thank her. We are going to greatly this, is, OK, we won’t help Louisiana, who had floods in Louisiana, in West miss her. I don’t think we are going to either. That is not what we are sug- Virginia, and other places get the sup- let her go. She is just amazing, as is gesting. We are saying that whether it port they need and that we help in her staff and their commitment and is hurricanes, floods, disaster assist- partnering—to help, not total, but help

VerDate Sep 11 2014 02:56 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.020 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6108 CONGRESSIONAL RECORD — SENATE September 27, 2016 with some of the costs that will put the NAYS—55 Kirk Roberts Tillis McCain Rounds Toomey water back on in Flint. Baldwin Heitkamp Perdue Moran Rubio Vitter Bennet Heller When you turn on the faucet today, Peters Murkowski Shelby Blumenthal Hirono Wicker Reed Portman Sullivan wherever you are, think about what Booker Inhofe Reid Risch Thune would happen if you didn’t have con- Boxer Kaine Sanders fidence that what came out of that fau- Brown King Sasse NAYS—59 Cantwell Klobuchar cet wasn’t going to poison you. This is Schatz Baldwin Heitkamp Paul Cardin Lankford Schumer Bennet Heller the United States of America. We can Carper Leahy Perdue Scott Blumenthal Hirono do better than this. This body has sup- Casey Lee Peters Sessions Booker Inhofe Coons Markey Reed ported doing better than this. It is Shaheen Boxer Kaine Cruz McCaskill Reid Brown King time to get it done. Daines McConnell Stabenow Sanders Cantwell Klobuchar Durbin Menendez Udall Sasse Cardin Lankford f Feinstein Merkley Warner Schatz Carper Leahy Franken Mikulski Warren Schumer Casey Lee RECESS Gillibrand Murphy Whitehouse Scott Coons Manchin Graham Murray Wyden The PRESIDING OFFICER. Under Cruz Markey Sessions Heinrich Paul Shaheen the previous order, the Senate stands Daines McCaskill The PRESIDING OFFICER. On this Donnelly McConnell Stabenow in recess until 2:15 p.m. Tester vote, the yeas are 45, the nays are 55. Durbin Menendez Thereupon, the Senate, at 12:37 p.m., Feinstein Merkley Udall recessed until 2:15 p.m. and reassem- Three-fifths of the Senators duly cho- Franken Mikulski Warner bled when called to order by the Pre- sen and sworn not having voted in the Gillibrand Murphy Warren Graham Murray Whitehouse siding Officer (Mr. PORTMAN). affirmative, the motion is rejected. The majority leader. Heinrich Nelson Wyden f Mr. MCCONNELL. Mr. President, I NOT VOTING—1 enter a motion to reconsider the vote. Cotton LEGISLATIVE BRANCH APPRO- The PRESIDING OFFICER. The mo- PRIATIONS ACT, 2017—Continued The PRESIDING OFFICER. On this tion is entered. vote, the yeas are 40, the nays are 59. CLOTURE MOTION CLOTURE MOTION Three-fifths of the Senators duly cho- The PRESIDING OFFICER. Pursuant Pursuant to rule XXII, the Chair lays sen and sworn not having voted in the to rule XXII, the Chair lays before the before the Senate the pending cloture affirmative, the motion is rejected. Senate the pending cloture motion, motion, which the clerk will state. The Republican leader. which the clerk will state. The senior assistant legislative clerk Mr. MCCONNELL. Mr. President, I The assistant bill clerk read as fol- read as follows: enter a motion to reconsider the vote. lows: CLOTURE MOTION The PRESIDING OFFICER. The mo- CLOTURE MOTION We, the undersigned Senators, in accord- tion is entered. We, the undersigned Senators, in accordance with the provisions of rule XXII of the Mr. MCCONNELL. Let me just say to ance with the provisions of rule XXII of the Standing Rules of the Senate, do hereby my colleagues that Senate Republicans Standing Rules of the Senate, do hereby move to bring to a close debate on H.R. 5325, are prepared to pass a clean CR-Zika move to bring to a close debate on Senate an act making appropriations for the Legis- bill. We hope that important flood re- amendment No. 5082 to H.R. 5325, an act lative Branch for the fiscal year ending Sep- lief will be a part of it. We will con- making appropriations for the Legislative tember 30, 2017, and for other purposes. tinue working on this important mat- Branch for the fiscal year ending September Mitch McConnell, Mike Rounds, Thad 30, 2017, and for other purposes. ter. Cochran, John Cornyn, Daniel Coats, We are now going to an important se- Mitch McConnell, Mike Rounds, Thad Thom Tillis, Roger F. Wicker, John Cochran, John Cornyn, Daniel Coats, Barrasso, Lamar Alexander, John curity briefing, and I will have more to Roger F. Wicker, Thom Tillis, John Hoeven, Pat Roberts, Orrin G. Hatch, say about the matter later today. Barrasso, Lamar Alexander, John Susan M. Collins, Lisa Murkowski, The PRESIDING OFFICER. The Sen- Hoeven, Pat Roberts, Orrin G. Hatch, Steve Daines, Tom Cotton. ator from South Dakota. Susan M. Collins, Lisa Murkowski, The PRESIDING OFFICER. By unan- UNANIMOUS CONSENT REQUEST—S. 2555 Steve Daines, Tom Cotton. imous consent, the mandatory quorum Mr. THUNE. Mr. President, I ask The PRESIDING OFFICER. By unan- call has been waived. unanimous consent that the Senate imous consent, the mandatory quorum The question is, Is it the sense of the proceed to the immediate consider- call has been waived. Senate that debate on H.R. 5325, an act ation of Calendar No. 446, S. 2555. I fur- The question is, Is it the sense of the making appropriations for the Legisla- ther ask that the Thune amendment be Senate that debate on amendment No. tive Branch for the fiscal year ending agreed to; that the committee-reported 5082, offered by the Senator from Ken- September 30, 2017, and for other pur- substitute amendment, as amended, be tucky, Mr. MCCONNELL, to H.R. 5325, poses, shall be brought to a close? agreed to; that the bill, as amended, be shall be brought to a close? The yeas and nays are mandatory read a third time and passed; and that The yeas and nays are mandatory under the rule. the motion to reconsider be considered under the rule. The clerk will call the roll. made and laid upon the table. The clerk will call the roll. The senior assistant legislative clerk The PRESIDING OFFICER. Is there The senior assistant legislative clerk called the roll. objection? called the roll. Mr. CORNYN. The following Senator The Democratic leader. The yeas and nays resulted—yeas 45, is necessarily absent: the Senator from Mr. REID. Mr. President, reserving nays 55, as follows: Arkansas (Mr. COTTON). the right to object, Bob Dole, whom we [Rollcall Vote No. 146 Leg.] The PRESIDING OFFICER (Mr. all knew and still know and who is a YEAS—45 LANKFORD). Are there any other Sen- wonderful man, said: ‘‘As we all learn Alexander Donnelly Murkowski ators in the Chamber desiring to vote? around here, if you don’t keep your Ayotte Enzi Nelson The yeas and nays resulted—yeas 40, word, it doesn’t make much difference Barrasso Ernst Portman what agenda you try to advance.’’ Blunt Fischer Risch nays 59, as follows: Boozman Flake Roberts [Rollcall Vote No. 147 Leg.] So it is very difficult for me to allow Burr Gardner Rounds Senator THUNE’s bill to advance today. YEAS—40 Capito Grassley Rubio I have great respect for him, and that Cassidy Hatch Shelby Alexander Coats Fischer Coats Hoeven Sullivan Ayotte Cochran Flake is without any question. Cochran Isakson Tester Barrasso Collins Gardner I am still waiting, though, on Repub- Collins Johnson Thune Blunt Corker Grassley licans to keep a promise they made Corker Kirk Tillis Boozman Cornyn Hatch nearly 18 months ago on the Senate Cornyn Manchin Toomey Burr Crapo Hoeven Cotton McCain Vitter Capito Enzi Isakson floor. They came to me and said: It is Crapo Moran Wicker Cassidy Ernst Johnson so important to John Kyl, whom I also

VerDate Sep 11 2014 02:56 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.022 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6109 like, from neighboring Arizona. They ing to help families affected by emergencies If the MOBILE NOW Act is not had somebody whom they wanted to in Louisiana or Flint, Mich. passed by the Senate soon, their legis- It can’t get anyone confirmed, either. put on a very important commission. I Merrick Garland, President Obama’s Su- lative efforts will have been made in didn’t want to do it because I thought preme Court pick, famously can’t get a hear- vain. While I respect how important it it was fair that we had somebody to ing, but he’s hardly the only nominee being is to Senator REID and to other Demo- pair with him. That is what we do snubbed. The Republican-led Senate has con- crats that Commissioner Rosenworcel around here. That is what Senator firmed just 22 federal judges this Congress, be confirmed this year, there is simply MCCONNELL has done, and I respect putting it on pace for the lowest number of no reason for that effort to jeopardize that. confirmed judges . . . [in almost 70 years] ac- the good-faith effort that Senators on But I said: Give me your word, and cording to the Alliance for Justice. For con- text, the Senate had confirmed more than both sides of the aisle did to create this we will go ahead and do this. three times as many judges by this point in bill. These two issues have been No problem, I got their word—Sen- the final Congresses of previous two-term inexplicably linked, but they need not ator MCCONNELL and Senator THUNE. presidents George W. Bush, Bill Clinton and be. They said they would do it as soon as Ronald Reagan. In all these cases, mind you, I urge my colleagues to separate the new Congress started. That is al- presidents had also faced Senates controlled these unrelated matters and to pass most 2 years ago, and this woman is in by the opposing party. the MOBILE NOW Act now without limbo. There is an extremely impor- But it is not just that. further delay. tant vote now before the Commission Continuing: The PRESIDING OFFICER. The mi- dealing with top boxes on television This Congress, the Senate has confirmed the nority leader. sets, and she has not been confirmed in fewest civilian nominees in modern history. Mr. REID. How do you feel about the that job. . . . As of mid-September, just 248 nominees American people? How do you feel It is wrong. had been confirmed. That’s, again, half the about how they are being treated, with average. . . . I brokered that agreement between case after case hung up in the Supreme It is a shame that we are at a point MCCONNELL and THUNE. I didn’t want Court? it. It wasn’t my idea—it was theirs—to here where I have to come to the We cannot even get a hearing on confirm Republican Commissioner Mi- floor—I have been in Congress for 34 Merrick Garland. Why? Because they chael Riley, the Kyl person, to a 5-year years—and talk about people not keep- know the appearance he will make will term in the FCC. ing their word. Let somebody deny be a good one. After a public hearing, In return, I repeat, Senators THUNE what was done. they will be even more embarrassed by and MCCONNELL assured me they would It is unfair, and I object. The PRESIDING OFFICER. Objec- not voting for this man. confirm Jessica Rosenworcel—I have Even though a couple of Senators tion is heard. been working on that name for 2 Mr. THUNE. Mr. President, I ask didn’t keep their word—and it wasn’t years—to a new term when they were unanimous consent to be able to com- just me and them. We have staff here in the majority. They got in the major- plete my remarks with respect to this who would be willing to vouch for what ity just a few months after that. This subject. I just said. Even if it weren’t two Sen- was in December. The PRESIDING OFFICER. Is there ators not keeping their word, at the She spent many years in public serv- objection? very least, shouldn’t they be concerned ice. No one questions her qualifica- Without objection, it is so ordered. about the Supreme Court, what is not tions. The Senate confirmed her unani- Mr. THUNE. Mr. President, I am dis- going on there? mously in 2012. Her credentials and in- appointed that the minority has again So I have no reservations whatso- tegrity are unquestionable. There is no chosen to put partisan politics ahead of ever. It is unfair to come and ask for doubt that she will continue to serve passing noncontroversial, bipartisan, legislation to pass when we have a Su- the FCC well. pro-growth legislation. preme Court that is stymied and is Yet Republicans have refused to keep My understanding is that their sole working shorthanded. It is incredible their promise and hold a vote on her objection to passing the MOBILE NOW that justice is not being served well in nomination. That is breaking some- Act is the wholly unrelated nomination our great country. one’s word. As Bob Dole said: ‘‘As we of FCC Commissioner Jessica As indicated in this article of which all learn around here, if you don’t keep Rosenworcel. I know that the distin- I read only part, Congress is dysfunc- your word, it doesn’t make much dif- guished minority leader is frustrated tional. ference what agenda you try to ad- that Commissioner Rosenworcel has As I mentioned this morning, my Re- vance.’’ not yet been confirmed to another publican friend, the leader, said that, JOHN THUNE, from the great State of term. On the floor previously, he also well, he can’t understand what is going South Dakota, knows that when Sen- said that I have done everything pos- on. There seems to be some dysfunc- ators make agreements, they should be sible within my authority as chairman tion here. honored. The American people also ex- of the Commerce Committee to ad- Talk about dysfunction, during the pect Congress to do its job. They are vance her nomination through the time Lyndon Johnson was leader, we not doing their job because of what we process, and that is correct. had one or perhaps two filibusters. The are facing every day with Republicans. We had her hearing. We voted her out second was arguable. As for me, for my Here is something from one of the of the committee. Scheduling the floor first 8 years, there were 644 filibus- major newspapers in America, the is not something that I control. ters—how is that for dysfunction—led Washington Post. I will only read part What I don’t understand, however, is by the Republican minority, trying to of it: why Senate Democrats believe that embarrass Barack Obama and bring With no budget resolution or regular ap- blocking the MOBILE NOW Act and this country to its knees. So I do not propriations bills ready to go, Congress is other bipartisan bills that come out of apologize to anybody for objecting to now merely trying to extend current funding my committee will help her cause. We this legislation. He can bring it out levels for a few more months. This would invited Commissioner Rosenworcel to every other day, and I will object to it allow legislators to return to the campaign trail and delay the hard decisions until after testify at one of our hearings leading every other minute, every other hour. Election Day. up to the bill. Ironically, many of her It is wrong that Republicans are treat- So far they still haven’t even been able to ideas are reflected in this legislation. ing the American people the way they execute that second-rate plan, though, be- The bill also reflects the priorities are. cause legislators have repeatedly tried to and hard work of so many Commerce The PRESIDING OFFICER. The Sen- tuck poison-pill provisions into this must- Committee Democrats. In particular, ator from Oklahoma. pass bill. two of the most important additions to Mr. INHOFE. Mr. President, I realize The result is that with a little more than the bill were Senator SCHATZ’s Pro- that many of my colleagues on the a month before the election, Congress is again flirting with a shutdown. And a year moting Unlicensed Spectrum Act and other side of the aisle just voted into the worldwide Zika epidemic, Congress Senator KLOBUCHAR’s ‘‘dig once bill,’’ against the short funding resolution still hasn’t successfully appropriated a cent or the Streamlining and Investing in because it doesn’t include critical fund- toward the crisis, nor has it passed any fund- Broadband Infrastructure Act. ing for Flint. Unfortunately, I believe

VerDate Sep 11 2014 02:56 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.029 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6110 CONGRESSIONAL RECORD — SENATE September 27, 2016 this is a misguided strategy. Now, I over the Army Corps of Engineers. My heart is open to every person in voted against it but on the basis of However, it is the House Energy and this country—every child in this coun- something that can be corrected, hav- Commerce Committee that has juris- try, no matter where they are, whether ing to do with the funding of the in- diction over the Safe Drinking Water in Louisiana, West Virginia, California, creased number of troops that we will Act. The House WRDA bill only in- Oklahoma, or Michigan. We are one have in Afghanistan and Iraq. cludes issues that are under the juris- Nation under God, indivisible. And But I must be clear that the $300 mil- diction of the Transportation and In- when we have an issue and a crisis, we lion Flint package that passed this frastructure Committee. That is why need to move. body several weeks ago will become the House WRDA bill does not include Here is where I see it a little dif- law by the end of the year. It is a mis- Safe Drinking Water Act amendments, ferently than my friend. I think it is take to take the country to the brink like the Flint package. Once the House absolutely the right strategy to keep of a shutdown over an issue when we sends us their T&I version of the fighting to get the help to Flint in the already have a bipartisan agreement on WRDA bill tomorrow, hopefully, Sen- CR. That is called leverage. That is the solution. ator BOXER and I will immediately at- called smart politics. That is called When the national press opened the tach the Senate Flint compromise as fairness. That is called justice. At the eyes of America to the lead water con- we conference with the House for a same time, I support my friend and col- tamination crisis affecting Flint, MI— final bill. The Republican House lead- league in trying to get an ironclad a city of roughly 100,000 people—I told ership has already assured me this is commitment from the House leaders. my staff it was time to get to work, to the plan. It wasn’t a good day yesterday for see what went wrong and what could be So it is time for us to stop playing Flint. They turned down Congressman done. We are so close to making this a politics with the CR on this issue and KILDEE’s request to have a simple vote. reality. focus our attention on making WRDA Speaker RYAN said this is a local issue, I urge my colleagues to not create a 2016 a reality. I can assure you that and so did BILL SHUSTER. They called it standoff on the CR when we are taking Senator BOXER and I are in lockstep a local issue. They do not even under- care of the people of Flint and commu- agreement to get this done. People stand it if they call it a local issue be- nities around the country, which is doubted us on the 5-year highway bill cause there was no elected local gov- very important. We did this in our we passed last year, and we showed this ernment in Flint, MI. There were lead- WRDA bill. body that when we work together on ers appointed by the Republican there. I know that Leader MCCONNELL issues such as this, our word is as good My friend is so sincere, and I trust spoke with Speaker RYAN and Minority as a guarantee, even during difficult him 100 percent. I don’t have to verify Leader PELOSI this morning and as- political gamesmanship like what is a thing he says because he is a man of sured them that he is dead serious happening on the continuing resolu- his word. That is it. He knows how we about ensuring the Flint package be- tion. feel about each other. We have never, comes law once we return from the I urge my colleagues to trust in our ever, ever walked away from each break. Let me remind you that on Sep- unique relationship and our ability to other. But the fact that he and I may tember 15, when the Senate passed get the Flint package and make sure it be in agreement doesn’t necessarily WRDA 2016 with an overwhelming 95- is on the President’s desk this year. bring along the people in the House. to-3 vote, I pledged to not let politics The PRESIDING OFFICER. The Sen- My colleague says he has heard it on or any lameduck session jeopardize the ator from California. good authority. That is great. Show me emergency relief in WRDA and to get Mrs. BOXER. Mr. President, I trust in writing. Show me where it is going this signed into law by the end of the my colleague totally. My chairman—I to happen. Show me the guarantees. year. trust him totally but as far as the I have been standing with my col- House is concerned, no. Trust but Show me they are not going to load up leagues in Michigan from the very be- verify. WRDA poison pills that my friend and ginning in support of our fiscally re- My friend says we have the wrong- I know we can’t—either side—accept sponsible solutions to help not only the headed strategy on objecting to the poison pills. I don’t see it. So right Flint community but also other com- CR. He has the right to his opinion, but now, I think what we are doing is right. munities facing drinking water emer- we don’t agree. This is the only way we I want to make a point. Many Repub- gencies and water infrastructure chal- can make the case because right now licans voted against the CR. It could be lenges and solutions that the Repub- the House has the WRDA bill. All they for other reasons. But even if many lican majority Senate has supported have to do is allow a vote to cover more Democrats had voted for the CR strongly. Flint. Yesterday the Rules Committee today, it would have gone down with The Senate-passed WRDA bill not said no. Yesterday, Chairman SESSIONS the number of Republicans being so only provides the critical support that of the Committee on Rules in the large voting against it. So we have a Flint needs but also would help to pre- House said it is an earmark, which it is lot of work to do. vent future water and wastewater in- not because it does not just affect I would say, through the Chair, to frastructure crises across the Nation. Flint. In fact, it is a program to help our majority leader, MITCH MCCON- WRDA is the right vehicle. I am com- all cities that have lead in the water NELL: You can add this thing in 2 min- mitted to getting this bill to the Presi- that is poisoning the families. utes. You can talk about jurisdiction. dent’s desk with Senator BOXER and So, trust? I have been around here a We add all kinds of things to CRs. This my good friend Senator STABENOW by long time. I think Ronald Reagan was would be something where we could the end of the year. right when he said trust but verify. keep in Louisiana, we could keep in ev- I know that many on the other side Show me the language. Show me the erything else, and we could add in a to- of the aisle are skeptical of our resolve, commitment. tally paid-for bill. in particular, because of the uncer- I see my friend here from Louisiana. None of the other emergencies are tainty about the WRDA bill moving He wasn’t in the Senate at the time I paid for, by the by. They just go on the through the House this week without was here with his predecessor, but I debt, on the credit card, pretty much. the Senate Flint compromise attached. will say this: Senator INHOFE and I— But we have paid for every penny of It is important to understand that, un- when there was a tragic problem in this, thanks to my friend’s leadership like the Senate, different committees Louisiana with Hurricane Katrina, we and thanks to my friend from Michi- in the House have jurisdiction over the stepped up and we put aside any issues gan, who stepped up and did away with Corps of Engineers and the Safe Drink- in our own States to go where the suf- a program in the auto industry that ing Water Act. On our side, on the Re- fering was. I fought so hard for Lou- was very important to her because she publican side, they are both in the isiana. I fought my heart out for them wanted to do the right thing. committee that I chair, and Senator to get the money they needed after Here is the path forward. Our leader BOXER is the ranking minority mem- Katrina. And, actually, with the help can look at the vote. It was pretty sad ber. of my colleague, we made sure that all for his clean CR, as he calls it. It is not The House Transportation and Infra- the Gulf States got the money from BP clean. That went down in flames. He structure Committee has jurisdiction to rebuild. can simply add Flint to it, and we

VerDate Sep 11 2014 02:56 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.030 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6111 would pass it in a heartbeat. Or the cause he is the most positive person I in it. Let’s get it to a conference com- House can take up and pass the Senate have ever met. He says we are going to mittee and work it out because I trust WRDA bill or send us a completely get it done. And if it is up to us, it gets them, and we will make sure it is in ironclad statement as to time, place, done. But there are other people who the final package. venue, and when they are going to fix don’t view this issue the way he and I Well, the bill didn’t get taken up in the Flint issue. view this issue. All I am saying is, as I the House due to whatever problems I know my friend from Michigan wind down my days here, I have had a they had a week ago. Then we began to would like to be heard, but this is not lot of experience in expecting that I get hear there was not support for Flint in rocket science. We have a bill fully things done. a final bill. We heard, on the one hand, paid for that takes care of the whole People have said to me: Oh my God, from the Speaker that the CR was not country and is not an earmark. It you are right. You are so right. You are the appropriate place—that WRDA was passed here with 95 votes. Let’s get it on target. Don’t worry. Well, that is all the appropriate place to help families done. Disentangle it from WRDA. Dis- good, but show me the money. Show in Flint. But, by the way, he said: I entangle it from WRDA and pass it on me the path. Show me the ironclad don’t support helping the families in the CR. Disentangle it. Take care of path for Flint, and I will step out of Flint in WRDA. It was the same thing the people. Whether they are in Lou- the way in a heartbeat, believe me. with the chairman of the committee. isiana, West Virginia, Maryland, I encourage my friend to keep work- I know there are multiple jurisdic- Michigan, let’s take care of the people. ing with the Republicans, and I will tions. The distinguished chairman of That is our job. work with the Democrats. Let’s get an the committee that has jurisdiction in I yield the floor. ironclad way that assures the people of the House, Congressman FRED UPTON, The PRESIDING OFFICER. The Sen- Michigan that, finally, they are going supports the provision, and we are very ator from Oklahoma. to have some light at the end of the grateful for his leadership and help as Mr. INHOFE. Mr. President, I believe tunnel. well. So this is easily worked out in I actually had the floor anyway, and I In closing, I would say the simplest terms of the jurisdictions because the am glad to yield the floor, which I will way to do it is just to add the package people with the jurisdiction are not ob- do to my colleague from Michigan. But to the CR. It is easy. Just do it. It jecting to this. I want to make sure I am clear in the doesn’t have a cost, it has all been We have been given every signal now, statement I made in that I don’t dis- thought out, and 95 of us have voted for coming from the Republican majority agree and that my colleague doesn’t it. Get it done. For the life of me, I in the House, that there is not a will- disagree with the statements I made. don’t know how the majority leader ingness to help. As late as yesterday, We have a commitment to do every- can’t do this thing. Just do it. As they with the Committee on Rules, there thing we can to ensure this is in the say in the Nike ad: Just do it. was an amendment offered to put it in WRDA bill. I tried to explain the dif- Every religious organization in the order to vote on it in the House, and it ference in jurisdiction, which makes it country from the Catholics to the was rejected. We were looking for some impossible for them to do it over there Jews, to the Muslims, to everybody sign that was concrete, that was real, within the T&I Committee. They have else has said: Yes, this is a moral issue. that we can actually do this, and over jurisdiction over WRDA but not these Take care of these people. I had the list and over we are getting exactly the op- particular provisions. today. It is in the RECORD. posite messages. So then we find our- I have a lot of things in the CR I am We are all supposed to be people who selves in a situation where the one really wanting to get done. I men- care about moral issues and care about thing we do know is going to happen is tioned the military end, but on the our children. When my friend said he the short-term continuing resolution, Zika funding, I have given speeches on has a pregnant niece in Florida, my and another State, other commu- the floor saying how important this is heart skipped a beat. It is a scary time. nities—Louisiana being the principal because I happen to have a grandniece That is why we have to take care of the one with flooding—are going to get in Florida who is pregnant right now. Zika issue. help. I support that. I have supported So I am really interested in getting At the same time, if his niece was in every disaster effort that has come be- this thing done, and it is going to get Flint and bathing in water that still fore the U.S. Senate on behalf of many, done. It is going to be a part of the ul- has lead in it, he would be just as many, many other States and commu- timate CR. upset. I know he cares deeply. My nities that are not even close to Michi- I just wanted to say—and I listened friend cares deeply. If everybody cared gan because I think that is what we to the statement by the ranking mem- as deeply as he does, we would be in should do. ber of the committee that I chair, and good shape. So the people in Flint, MI, have been I don’t think she disagrees with any- I yield the floor. waiting and waiting and waiting every thing I am saying in terms of our com- The PRESIDING OFFICER. The Sen- day—bottled water—every day, trying mitment to getting it done. I under- ator from Michigan. to figure out how to get more bottled stand where she is coming from, and I Ms. STABENOW. Mr. President, first water, and once again they are being will yield the floor. of all, I want to thank two really great told wait and maybe something will Mrs. BOXER. Mr. President, through leaders on the Environment and Public happen—maybe something will hap- the Chair, I would just like 1 minute to Works Committee—the chairman and pen—but Louisiana is so important, we respond. ranking member. I absolutely take the are going to do it now. I don’t think it The PRESIDING OFFICER. The Sen- chairman at his word. I have since the should matter what your ZIP Code is ator from California. beginning. Chairman INHOFE has been or whether you have Democratic or Re- Mrs. BOXER. I agree with my col- an extraordinary leader on this issue publican Senators. I believe it is our league. If we can get an ironclad com- and other infrastructure issues. I be- requirement—our obligation—to help. mitment to fix the Flint issue in lieve him completely in terms of what Then, to add insult to injury, we are WRDA and not just a vague conversa- he wants to get done, and the same the only disaster situation coming for- tion that somebody had—that NANCY goes for our ranking member, Senator ward that is fully paid for by elimi- PELOSI had with PAUL RYAN, but I have BOXER. I have no doubts whatsoever. nating a program. We phase out a pro- to look at the public statements. The Two weeks ago, when we passed the gram I authored in 2007 that predomi- public statements are that a big leader WRDA bill 95 to 3 in the Senate—the nantly affects my State in order to pay in the House said this is an earmark. It bill that helped the people of Flint as for help for Flint and other commu- is not. The Speaker over there, who is well as other communities that have nities—we are not just helping Flint supposed to care about poor people and water and lead-in-water issues—I was but other communities with lead and kids, said it is a local issue, which it is prepared to go and, in fact, went to water problems because it is so impor- not. They voted down a chance to have House colleagues, Democratic col- tant. It is about lifesaving measures, a vote. It is not very encouraging. leagues, and said: I trust the chairman literally, for people. It is easy to put I am always encouraged when my and ranking member. Let’s get the bill this on the CR. It is totally paid for. colleague from Oklahoma speaks be- going in the House, even if Flint is not We are not cutting another program to

VerDate Sep 11 2014 02:56 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.032 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6112 CONGRESSIONAL RECORD — SENATE September 27, 2016 put the $500 million in for Louisiana, sensus nominee.’’ No one questions hearing in September and was given but the fund for Flint and other com- Judge Garland’s education, his quali- full and fair consideration by the Sen- munities is totally paid for. So it adds fications, his judicial temperament, his ate. He was confirmed about 2 weeks insult to injury to families in Flint experience, or his integrity, but Senate later, September 29. All of us, whether who have waited so long. Republicans refuse to give this person or not we supported John Roberts, felt Again, I trust the chairman com- a hearing. It is shameful. it was important to get this done so pletely. What I don’t trust is what I am So I ask, where is the bipartisanship? that the Supreme Court was not miss- hearing from the House of Representa- The Republicans and Democrats agree ing a Justice when it began its term on tives. Given that fact and given the that this man is exceptionally quali- the first Monday in October, as it al- fact that we have the ability to actu- fied. Yet his nomination languishes ways does. The Senate acted respon- ally help them right now through the day after day, week after week, now sibly. That was 11 years ago. There was CR, I believe we should do that. month after month. a Republican in the White House. I was Where is the end of the dysfunction? one of those who voted for Chief Jus- f Where is the regular order? There is no tice John Roberts. There are others RECESS bipartisanship. There is a lot of dys- who voted against him, but he was con- The PRESIDING OFFICER. Under function. There is no end to it. Where firmed. That is what we did then with the previous order, the Senate stands is the regular order? It doesn’t exist. a Republican President but not today. in recess until 4 p.m. No Supreme Court nominee in modern In fact, under Republican leadership, Thereupon, the Senate, at 3:32 p.m., times has waited this amount of time the Senate is deliberately leaving the recessed until 4 p.m. and reassembled without at least getting a hearing. Supreme Court shorthanded. None of when called to order by the Presiding This is unprecedented. us, whether for or against Justice Rob- Officer. As legal analyst Jeffrey Toobin has erts, felt we should delay and have the noted, there is only dysfunction to be Court come into session with a four- f found in the Republican leader’s ac- four makeup. LEGISLATIVE BRANCH APPRO- tions. This is what he said: ‘‘Such pre- I believe Chief Judge Merrick Gar- PRIATIONS ACT, 2017—Continued meditated obstruction by a Senate land deserves the same consideration leader, aimed at a President with near- that Chief Justice Roberts received 11 The PRESIDING OFFICER. The ly a full year remaining in his term, years ago. What is the difference? Democratic leader. [is] without precedent.’’ There was a Republican President NOMINATION OF MERRICK GARLAND Where is the hard-working Senate? then, a Democratic President now. Mr. REID. Mr. President, this Repub- With Republicans acting as they are, This is playing politics with the U.S. lican Senate that had such promise, ac- we have established that bipartisanship Supreme Court, and it hurts the credi- cording to the Republicans, has been a is really elusive. We have established bility of our whole Federal court sys- flop. The Senate hasn’t kept its word that the dysfunction hasn’t ended. We tem. to the Nation. When Republicans as- have established that there is no reg- Like Chief Justice Roberts, Chief sumed the majority in the Senate, the ular order. Now we have established Judge Garland is eminently qualified. Republican leader made grand prom- that we are not working hard, and that Like Chief Judge Roberts, he hails ises to the American people. He is an understatement. from the Midwest. He is a D.C. Circuit pledged bipartisanship. He promised to The Senate isn’t attending to one of judge who has earned the respect and bring an end to the Senate’s dysfunc- its basic constitutional duties—pro- admiration of those who work for him. tion, which he spearheaded. viding its advice and consent on the But, unlike Chief Justice Roberts, who As I mentioned this morning on the President’s Supreme Court nomina- was confirmed in about 2 months, Chief floor, how many filibusters Lyndon tion. Instead, this Senate has worked Judge Garland has been pending before Johnson overcame in his 6 years as a the fewest days of any Senate in mod- the Senate for more than 6 months. I majority leader is debatable—there was ern history. After we have this next 10- mentioned that to my colleagues. I one for sure and maybe two—but it is week break, it will be the longest went back and checked the history. No easy to figure out as far as when I was break in some 80 years. How about Supreme Court nominee in the history majority leader for 8 years. There were that? of our country has waited that long. 644 Republican filibusters. Chief Judge Garland deserves a hear- There has been no hearing, no vote, no The Republican leader pledged that ing; he deserves a vote. Across the consideration at all by the Senate be- the Senate would do its work. For all street from where we are standing now, cause the Senate refuses to do its job— his lofty rhetoric, the Republican lead- at the Upper Senate Park, at 5 o’clock, the job we are required to do under the er has failed to fill his promises time Democratic Senators will be gathering Constitution. and time again. There is no better ex- at a rally in support of Merrick Gar- Maybe the Republicans feel this ample than the Senate Republicans’ re- land. The people there are of good will, somehow benefits their party. It fusal to consider the nomination of only interested in our country. At that doesn’t. Our independent judicial Merrick Garland to be a member of the time, they are going to call on Repub- branch is fundamental to our constitu- U.S. Supreme Court. Chief Judge licans, as we will, to heed their con- tional system of government. The Sen- Merrick Garland was nominated by stitutional duty and act on Garland’s ate’s duty to consider judicial nomina- President Obama 195 days ago. For 195 nomination. tions under the Constitution is not a days, Republicans have blocked this Republicans have another chance to political game. This Republican ob- good man from getting a hearing or a keep the promises they made to the struction has consequences for all vote in spite of the fact that Merrick American people. Republicans should Americans. Because Senate Repub- Garland is extremely qualified. right this historic wrong on Judge Gar- licans refuse to do their jobs, the Su- Some ask, why wouldn’t they hold a land. They should give him a hearing preme Court has been repeatedly un- hearing? It is obvious. Merrick Garland and a vote, and they should do it right able to uphold its essential constitu- would show the American people what now. tional role as a final arbiter of the law. kind of a man he is, what kind of a The PRESIDING OFFICER. The Sen- The uncertainty in the law has been judge he would be, and it would be very ator from Vermont. harmful to businesses, and it has been hard for the Republicans to vote Mr. LEAHY. Mr. President, I agree harmful to law enforcement and to against him. So they decided to double with what the Democratic leader said. families and children across our coun- down and not even allow a hearing. We have waited far too long. try. Even Republicans can’t dispute his I would like to give some history. I don’t know if the American people qualifications. The senior Senator from Eleven years ago this week, following realize how much this refusal of the Utah, who formerly chaired the Judici- the death of Chief Justice Rehnquist, Republican leadership to do their jobs ary Committee, said that there was the Senate confirmed John Roberts to has hurt them. This term, the Supreme ‘‘no question’’ that Garland could be the Supreme Court and as Chief Jus- Court will consider cases that will im- confirmed and that he would be a ‘‘con- tice. He had his Judiciary Committee pact our voting rights—all of us—our

VerDate Sep 11 2014 02:56 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.034 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6113 religious rights, our access to fair HATCH—who was then the ranking uphold the Constitution. The Senate housing, even the ATM fees we pay. member—memorialized in a letter this majority leader should let us get to The Court may also decide to hear im- agreement regarding President Bush’s work for all American people. We have portant cases on the right of Supreme Court nominees. had more recesses than anytime since I transgender students to be treated This is an important point. Senators have been here. Why not take a few equally, environmental protection and are free to make their own decision to days and immediately consider Chief climate change, women’s reproductive vote against a Supreme Court nominee, Judge Garland for the Supreme Court health, and money in politics. The Su- but that does not justify the complete of the United States? Our highest preme Court should be at full strength refusal to provide any process whatso- Court should not be diminished further and provide the American people cer- ever. I have heard the other side offer by Republican obstruction in the Sen- tainty and clarity of our rights under the example of some Republican Sen- ate. When the Supreme Court comes the Constitution. ators pledging to vote ‘‘no’’ on Justice into session on the first Monday in Oc- The same Republicans who expedited Fortas’s nomination to replace Chief tober, the American people deserve to consideration of Chief Justice Roberts Justice Warren in an election year as have nine members on the Supreme have since February used the excuse of justification for their obstruction Court. The Supreme Court deserves to the election year to justify their un- today. That example does little to have nine members, and the American constitutional, prolonged obstruction. prove their point. In 1968, there was no people deserve to have us do our job. Yet there is no election-year exception current vacancy on the Court, as Chief Mr. President, I ask unanimous con- in the Constitution for the President’s Justice Warren’s resignation was consent that the letter I referred to from duty to nominate Supreme Court Jus- ditional upon the confirmation of his myself and Senator HATCH be printed tices. The Constitution says the Presi- successor. That meant that there was in the RECORD. There being no objection, the mate- dent shall nominate. The President did never any fear that the Supreme Court rial was ordered to be printed in the that. It also says that every one of us would be operating at less than full RECORD, as follows: who held up our hand and took a sol- strength. Just as importantly, public emn oath to uphold the Constitution— hearings went forward and the full Sen- U.S. SENATE, COMMITTEE ON THE JUDICIARY, it says that we shall give advice and ate was able to consider the nomina- Washington, DC, June 29, 2001. consent on these nominations. There is tion. Everett Dirksen, the Republican DEAR COLLEAGUE: We are cognizant of the no election-year exception in the Con- leader who also served as the ranking important constitutional role of the Senate stitution. None of us hold up our hands member of the Judiciary Committee at in connection with Supreme Court nomina- and say we will uphold the Constitu- the time, did not sign on to that pledge tions. We write as Chairman and Ranking tion, so help me God, except in an elec- and proceeded to work with the chair Republican Member on the Judiciary Com- mittee to inform you that we are prepared to tion year. There is no election-year ex- of the committee to move forward with examine carefully and assess such presi- ception in the Constitution for the Su- hearings. dential nominations. preme Court’s role as the final arbiter We worked across the aisle to ensure The Judiciary Committee’s traditional of the law. Our history proves this that the Supreme Court would be fully practice has been to report Supreme Court case. functioning with Chief Justice Roberts’ nominees to the Senate once the Committee There have been more than a dozen nomination 11 years ago. Thirty years has completed its consideration. This has vacancies in election years—in fact, ago, the Senate voted to confirm both been true even in cases where Supreme Court most recently, Justice Kennedy. I was Justice Scalia and Chief Justice nominees were opposed by a majority of the Judiciary Committee. here. We had a Democratic-led Senate. Rehnquist. More than a dozen Supreme We both recognize and have every inten- It was President Reagan’s last year in Court justices have been confirmed in tion of following the practices and prece- office. It was a Presidential election the month of September. That is not dents of the Committee and the Senate when year, and it took a Democratic Senate surprising given that the Supreme considering Supreme Court nominees. just over 2 months to confirm Justice Court begins its terms on the first Sincerely, Kennedy. Monday in October. PATRICK J. LEAHY, President Obama’s nominee, Chief By the standards the Democrats gave Chairman. ORRIN G. HATCH, Judge Garland, has been pending in the to Republicans, Chief Judge Garland Ranking Republican Senate with no action for 195 days; 195 should have been confirmed by Memo- Member. days and we haven’t done one solitary rial Day. We have had more than 6 Mr. LEAHY. I yield the floor. thing. When we had a Democratically months to examine his record. It is not The PRESIDING OFFICER. The Sen- controlled Congress and a Republican as though the Senate has been con- ator from Illinois. President’s last year in office, we con- sumed and overworked considering Mr. DURBIN. Mr. President, I thank firmed him in 65 days. other nominees; the last time we con- my colleagues for coming to the floor The Judiciary Committee plays an firmed any judicial nominee was on this afternoon for a historic presen- important role in the examination of July 6. tation. Supreme Court nominees, reviewing Republicans refuse to allow votes I just spent this last weekend—an en- the nominee’s records and holding pub- even on uncontroversial district court joyable weekend—being a babysitter. lic hearings so that the American peo- nominees who have been pending more My wife and I were able to babysit our ple can hear from that individual. Ever than a year, even those supported by 5-year-old grand-twins. It is always a since the Judiciary Committee started Republicans in their States, and our kick to hear what is on their minds holding public confirmation hearings independent Federal judiciary is suf- and have conversations. We spend a lot of Supreme Court nominees more than fering as a result of this unprecedented of time discussing the concept of fic- a century ago, the Senate has never de- obstruction, as a result of the Senate tion and nonfiction. They were trying nied a Supreme Court nominee a hear- not doing its job. It is long time past to figure out which things were fiction ing and a vote. The current Republican for the Senate to do its job. We have to and which were nonfiction. We went leadership has broken with this cen- treat our coequal branch of govern- back and forth through superheroes tury of practice to make its own ment with respect. There is no reason and all the rest of it, and it was a lot shameful history. the Senate should not do its job in an of fun. Even when a majority of the com- election year. There is much work to I thought about that as I came to the mittee has not supported a Supreme be done. floor today because when it comes to Court nominee, the committee has still Senate Republicans are calling for looking for fiction and nonfiction, the sent the nomination to the floor so another very long recess. The resolu- Executive Calendar of the U.S. Senate that all 100 Senators can fulfill their tion introduced today by the senior on our desk would have to fall in the constitutional role of providing advice Senator from Connecticut would keep category of fiction. It is not true be- and consent on Supreme Court nomi- the Senate here to do its job for Chief cause in this calendar, you will find the nees. When I became chairman of the Judge Garland’s nomination. It should nominations sent from the committee Judiciary Committee in 2001 during the not require a resolution to keep us ac- to the floor of the Senate to be consid- Bush administration, I and Senator countable to the oath we all swore to ered. At least that is what you think

VerDate Sep 11 2014 02:56 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.036 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6114 CONGRESSIONAL RECORD — SENATE September 27, 2016 you are going to find, but instead what him. How many times has that hap- just refusing to consider him, even we find are the names of 30 nominees to pened in the history of the U.S. Sen- though many Republicans have met become Federal judges and have ate? Never. Politicians are careful with him and admitted that Judge Gar- cleared the committees, such as the when they use that word—‘‘never.’’ We land’s distinguished career and work Judiciary Committee, and languish on have never had a President submit the history show that he is, without a this calendar never to be called by the nominee to fill a pending vacancy on doubt, someone who deserves fair con- Republican majority. Some have been the Supreme Court who has been de- sideration by all of us here in the U.S. here for a year. They cleared the com- nied a hearing in the Senate—never. Senate. He deserves a hearing and a mittee with bipartisan votes. Many of Why? Senator MCCONNELL says: Well, vote. I should add that by refusing to them were nominated and approved by President Obama is leaving soon, as if do their jobs and by saying they want Republican Senators, but when they he were elected only for a 7-year tenure to leave it to the next President, Re- come to the floor, it comes to a full and isn’t entitled to be President in his publicans are telling the American peo- stop. eighth year, but the real reason is pret- ple they would rather save the seat for Senator MCCONNELL, the Republican ty obvious. Senator MCCONNELL and their Presidential nominee to fill than leader, is not scheduling votes for Fed- the Republicans are praying that Don- give a strong nominee a fair hearing eral judges under President Obama. He ald Trump will be able to fill this va- and a vote. We all know what that argues that whether it is the Supreme cancy on the Supreme Court. After means. Court or other Federal district courts, watching the performance last night, This is far too important to the peo- this is a lameduck President, and he can you imagine that man choosing a ple of this country to hold off any has no obligation, being of the opposite Justice for life on the Supreme Court? longer. They have now seen the results of a short-handed Supreme Court with political faith, to give this President That is what they are counting on. split decisions and continued uncer- anything when it comes to judges. That is why they are leaving these va- tainty about important issues. The That is the Republican Senate posi- cancies open, too, so that Donald Court is now days away from beginning tion, that is Senator MCCONNELL’s po- Trump can fill those vacancies. its October session. With every day sition, but it is totally inconsistent It is a sad moment in the history of that goes by and every Supreme Court with two things. this country. It is the most accurate decision that comes down without a The tradition of the Senate is the reflection of the dysfunction of the full bench, the need for action is clear- first issue. When George W. Bush was U.S. Senate I can think of—that the er and clearer. This gridlock and dys- in his last term in office and the Demo- Senate Republican leadership would ig- function that has dominated too much crats were in control, we approved 68 nore the Constitution and the tradi- of our time and other work here in the judges in that last Congress—in his tions of the Senate, leave these poor ‘‘lameduck’’ Congress. So far this Con- Congress should be pushed aside right judicial nominees languishing for up to now. Republicans blocked the Zika gress Senator MCCONNELL has allowed a year on the calendar, and refuse to emergency funding bill for 7 months, only 22 judges to come through the meet their constitutional obligation to Senate, and 30 of them are sitting on and the gridlock has once again give Merrick Garland—even though the brought us far too close to another the calendar. By the tradition of the American Bar Association deemed him manufacturing crisis—a government Senate, where the Senate fills the va- as being unanimously ‘‘well quali- shutdown. cancies when they need to be filled, re- fied’’—his time to come before the Sen- I hope Republicans will realize how gardless of the President’s party or the ate for an open hearing, answer ques- ridiculous this partisan gridlock is. year of his term—Senator MCCONNELL tions under oath, and receive a vote on After 195 days of being one Justice ignores that. We have 91 Federal judi- the floor of the Senate. short on the Supreme Court of the cial vacancies across the United States The Republicans in the Senate want United States, I urge our colleagues to that need to be filled. Nearly half of to brag about their great record of per- fulfill our constitutional responsi- them are emergencies. The caseload is formance this year as the party in con- bility, hold a hearing for Judge overwhelming and justice is not being trol of the U.S. Senate, but what they Merrick Garland, and give him a vote. served in those districts, but Senator cannot explain or live down is the em- We owe that to the people we rep- MCCONNELL says no. barrassment they brought to this insti- resent, and it is simply the right thing The most egregious example is the tution by refusing to meet their con- to do. vacancy on the U.S. Supreme Court. stitutional responsibility. Washington State families should You can almost look through the win- I yield the floor. have a voice. Families across America dows and outside of the doors of the The PRESIDING OFFICER. The Sen- should have a voice. They have waited Chamber here and see that beautiful ator from Washington. long enough—nearly 200 days—to have building, the Supreme Court, and real- Mrs. MURRAY. Mr. President, I come nine Justices serving on the highest ize that in a matter of days they will to the floor this afternoon to join my Court in the land, and they deserve reconvene to consider the most impor- colleagues who have already noted that better. tant cases pending before the United we are now at an unbelievable, unprec- SHOOTING IN BURLINGTON, WASHINGTON States of America. What is different edented 195 days—over 6 months—since Mr. President, while I have the floor, about this Supreme Court is that there the President nominated Judge I want to bring another issue to my are only eight Justices seated on the Merrick Garland to the Supreme Court. colleagues’ attention, and that is the Court. The untimely passing of Do you know what else could have anguish of the people in a community Antonin Scalia in February led to a va- happened in this time period? We could in my home State of Washington, the cancy on the Supreme Court. President have gone through the confirmation city of Burlington. This is yet another Obama met his obligation under the process for the last Republican-nomi- community that is hurting after an- Constitution. Article II, section 2 says nated Justice twice and still have 11 other senseless act of violence in a the President shall nominate someone days leftover. We could have sailed mall—a shooting that left five people to fill the vacancy on the Supreme around the world almost four times or dead. This is a headline that has be- Court. President Obama did it. As the flown to the moon and back 30 times, come all too common in our country. Constitution directs him, he sent that but Senate Republicans have refused to I urge everyone listening today to name to the U.S. Senate for advice and even hold one hearing for Judge keep the victims, their families, their consent 195 days ago. Merrick Garland. friends, and their coworkers in their Senator MCCONNELL announced he By allowing this absurd political thoughts and prayers. I implore every- would not fill that vacancy and would game to continue, Republicans are pre- one in this Chamber to come together not even give that nominee, Merrick venting the rest of us from upholding and address the scourge of gun violence Garland of the D.C. Circuit, a hearing our constitutional duty to consider the that has devastated one too many com- so he could be asked the basic ques- Supreme Court nominee. Senate Re- munities once again. Enough is tions about his service on the Court. In publicans will not say that their his- enough. fact, Senator MCCONNELL took another toric obstruction is because they are I thank the Presiding Officer and step and said: I will not even meet with opposed to Judge Garland; they are yield the floor.

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.038 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6115 The PRESIDING OFFICER. The Sen- cial vacancies in our courts across the waiting nominees, have had to wait so ator from New Jersey. country, 35 of which have been deemed long to be confirmed. So I hopefully NOMINATION OF MERRICK GARLAND judicial emergencies. A judicial emer- and simply ask that the Senate Mr. BOOKER. Mr. President, I thank gency is not some subjective conclu- promptly vote on the next two nomi- my colleague from Washington for her sion; it is an objective conclusion by nees in line, making sure our judicial remarks. As for me, this is the third judicial experts and judicial staff that system is functioning at its highest ca- time this month that I have come to has nothing to do with the partisan pacity. This isn’t a Republican or the Senate floor to speak about the Su- politics of our land. Yet we are seeing Democratic issue. It is an American preme Court nomination currently no action being taken. issue. pending before the judiciary and the ju- There are 30 nominations currently I have been honored to serve people dicial vacancy crisis as a whole in our pending on the Senate Executive Cal- in New Jersey in the Senate for nearly country. endar, and all but two were voted out 3 years. During my time in this body, I It has been 7 months since Chief of committee by unanimous vote. That have been surprised, inspired, and chal- Judge Merrick Garland’s nomination includes 20 district court nominees. lenged by colleagues on both sides of to the Supreme Court, and it is still Both Republicans and Democrats in the aisle, but I have come to a point of pending. It has been about 19 months this body gave a unanimous vote in the hope and hopefulness that when it since Judge Julien Neals was nomi- Judiciary Committee. The nominations comes to real issues, such as the func- nated to the District Court of New Jer- pending on the Executive Calendar are tioning of another branch of govern- sey, and it is still on hold. from States all across the country, ment, we can come together, and we As was the case in the last two times from east to west. These places include have the capacity to do the right thing. I have come to the floor to speak, our New Jersey, New York, California, I know this body is better than a tit- country is not only operating with an Rhode Island, Pennsylvania, Hawaii, for-tat process, where we measure how incomplete Supreme Court, but it is Utah, Massachusetts, Maryland, Okla- many nominees President Bush got also operating with a judicial vacancy homa, Louisiana, Wisconsin, Indiana, versus President Obama. This was not crisis across the Nation in multiple North Dakota, South Carolina, and the intention of the Constitution, not Federal courts. Idaho. Today, when we are perhaps the intention of our Framers, and it is The Supreme Court’s term is about days from adjourning for another long not something that has been the tradi- to begin next week, and without action recess—7 weeks—I rise, as I said, for tion of our country. to schedule a vote and confirm Judge the third time not only to ask Repub- I know the good the Senate can do for Americans across the country. Part Garland’s nomination, the Supreme licans with great respect and reverence of our obligation is to ensure a func- Court will still be operating without a for all nominations going on in the tioning judicial system that can de- ninth Justice, just as it has been for Senate, but also to ask that we push liver justice for America. This Senate the past 7 months. I do not believe that this bipartisan package of well-quali- is failing to uphold its duty now and was the intention of our Framers. I do fied nominees that includes two people has plunged our Nation into a level of believe that because this body is not who are next on the list, Ed Stanton judicial crisis that is unacceptable. We doing anything about this nomination, and Julien Neals, the two longest wait- can and we must do better. ing judicial nominees from Tennessee it is having a material effect on an- The PRESIDING OFFICER (Ms. other branch of government, which I and New Jersey, as well as nominees AYOTTE). The Senator from New York. believe is a subversion of the framing from New York, California, Rhode Is- Mr. SCHUMER. Thank you, Madam of our Constitution and the functioning land, and two nominees from Pennsyl- President. of our government. vania, again supported in a bipartisan Today I join my colleagues in rising By failing to hold the vote on Judge fashion in the Judiciary Committee. to remind the Republican majority of Garland’s nomination, we are con- The nominees from New Jersey and its abject failure to fulfill its constitu- tinuing to cripple one of our coequal Tennessee are the two longest waiting tional duty. branches of government. It is unaccept- nominees currently before the Senate, I first spoke on the floor urging the able that we would consider taking a 7- and as such, deserve to be the next two majority to schedule a hearing and week break from the business of the scheduled nominees up for a vote. I vote on the vacant Supreme Court seat Senate before ensuring that one of our have rejected or stood up in opposition on February 23 of this year, over 7 coequal branches of government is op- to any efforts to skip those two nomi- months ago. Just to remind everyone, erating as it was intended by our nees. that was before Judge Garland was Framers. Mr. Stanton is the nominee for the even nominated by the President. We There is no credible reason for the re- Western District of Tennessee. He is shouldn’t forget that, even before the fusal of a vote for Judge Garland’s highly qualified, and his experience nominee was named, the Republican nomination, and this kind of wait for a will suit him well as a judge in the majority told the American people Supreme Court Justice’s confirmation Federal court. Mr. Stanton is a highly they were planning to ignore their re- is unprecedented in our history. regarded member of the Memphis com- sponsibility to consider a Supreme Republicans and Democrats have munity and someone recommended to Court nominee. That is the one prom- clearly stated over the years how well the President by my colleague Senator ise they have actually kept. qualified Judge Garland is as a nomi- LAMAR ALEXANDER. Unlike their promise to ‘‘get the Sen- nee. In fact, we have seen multiple peo- Judge Neals is the nominee for the ate back to work,’’ they have kept ple remark that he is not just well U.S. District Court for the District of their promise not to do their jobs when qualified, but in the grand scheme of New Jersey, possessing undeniably it comes to the Supreme Court and so the partisan divides in our country, he strong qualifications. He possesses sig- many other issues. It certainly is not is relatively moderate in his judicial nificant legal experience, a distin- because they have been too busy. In history. Unfortunately, though, with guished judicial career, and an unwav- the last 200 days since the President that, we are still failing to see an up- ering commitment to justice. His skill, nominated Judge Garland, instead of or-down vote in this body. legal aptitude, and unique thoughtful giving him a fair hearing and vote, the There is no reason this distinguished perspective are needed on the Federal Republican Senate has taken the long- body should not confirm Chief Judge bench now more than ever. I know est recess in 60 years; spent time fight- Garland so that we have a full com- Julien Neals personally. I worked by ing partisan battles over Planned Par- plement of Justices on the Supreme his side for close to a decade when I enthood, instead of combatting Zika; Court when the next term convenes. was a mayor—7 years to be exact—and neglected to act on economic issues for We also know that across the country, I have seen the thoughtfulness of this working families, such as college af- as I said earlier, Federal judges are individual. He is one of the more im- fordability; done nothing to address overworked and, of course, under- pressive people I have met in my pro- the influence of special interest money staffed because of the vacancy crisis. fessional journey. in politics; and failed to take action to The last time I came to the floor on There is no reason why Judge Neals keep guns out of the hands of terror- this issue, I noted that we faced 90 judi- or Edward Stanton, the two longest ists. Make no mistake, the Republican

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.039 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6116 CONGRESSIONAL RECORD — SENATE September 27, 2016 Senate has not done its job, and that taking less cases, and we also know Over the past several months, I have failure has real consequences. there have been a number of split deci- tried to put myself in my colleagues’ With the Nation’s highest Court sions, including a recent one on a death shoes, and I asked myself: What if we shorthanded and often deadlocked, it penalty case. had the opposite case? What if we had has been unable to serve its constitu- Further delay in the confirmation of a Republican President and a Demo- tional function as the final arbiter of a new Justice will compromise the cratic-controlled Senate? What would I the law. Because of Republican ob- Court’s ability to resolve these ques- do? Well, I would demand a hearing. I struction, the Court was unable to tions of law effectively. If we do not would never let a nominee float out reach a decision on the final merits in have a fully staffed Court in the next there for 6 months while we have less seven cases in its last term, leaving term, we risk more cases in which the decisions, diminished decisions, and no millions of families and children, law Court is unable to issue binding prece- decisions. enforcement, and businesses uncertain dent and in which access to justice is I don’t know how I would vote on the of the law. From immigration to con- denied for too many Americans. In nominee. I would like to ask the nomi- sumer privacy to a case about whether some decisions where there is a 4–4 nee questions and decide if they were lenders can discriminate against mar- split, the result is effectively the same qualified to serve on the Supreme ried women, the Court has been unable as if the Supreme Court had never Court. to produce a final verdict. heard the case. That is certainly not Our job under the Constitution is to The Supreme Court handles ‘‘the peo- what our Founding Fathers intended advise and consent. It is not to advise ple’s business’’ as President Reagan with the Constitution. and consent only after a Presidential put it. Every day that goes by without But more split decisions are not the election has occurred. This has been a ninth Justice is another day the only risk that we are facing here. The our practice in the Senate for more American people’s business is not get- current vacancy on the Supreme Court than a century. For more than 100 ting done. also has implications for the number of years the Senate has had a process that Now we are only a week away from a cases that the Court is able to take in worked under both Democratic and Re- new Supreme Court term, during which the first place. We saw this played out publican Presidents and even in—yes— it will hear another docket of impor- many times last spring. In March of Presidential years. Through World War tant cases involving voting rights, ra- last year, the Supreme Court granted I and World War II, through the Great cial discrimination in housing, and certiorari on eight cases. This year, it Depression, through the Vietnam war, cases that will impact women’s repro- only did so for two. Indeed, we have through the economic downturns, we ductive rights and the rights of seen time and again over the Court’s were somehow able to make it as a de- transgender children in schools. Be- last term that the Supreme Court sim- mocracy. We were somehow able to do cause Republicans will not schedule a ply cannot function well without a our job to advise and consent. hearing and a vote on Judge Garland to ninth Justice—with split decisions, di- I would also add in closing my re- the Supreme Court, the Supreme Court minished decisions, delayed decisions, marks about Judge Garland’s widely will again go into these cases short- and no decisions. credited ability to draft thoughtful, handed. With only eight Justices, the current narrow legal opinions and build con- Seven months later, I again say to Court could not reach a final decision sensus among his colleagues on the my Republican colleagues, to the dis- on the merits in seven cases during its bench. The President was well aware tinguished majority leader, and to the most recent term. In five of these when he nominated Judge Garland that chairman of the Judiciary Committee: cases, the Court deadlocked in split de- he would need to nominate someone Schedule a hearing and a vote on Judge cisions with four Justices on either who had that ability, and, with the Garland. Because you refuse to do your side. In the other two cases the Court kind of votes that we have seen in the job, the people’s business is not getting had to remand the case back to the Senate, someone who is a fine man. He done. lower courts when it was unable to deserves the opportunity to make his I yield the floor. render a decision on the merits. case to the Senate, and the public de- The PRESIDING OFFICER. The Sen- The lower courts rely on the Su- serves the opportunity to see the kind ator from Minnesota. preme Court as the final decision- of Justice he would be. Ms. KLOBUCHAR. Madam President, maker. There are courts all over the It remains my sincere hope that he I come to the floor to speak again Nation that may have different deci- will have that opportunity for a hear- about the dangerous effects of leaving sions, and they are waiting for the ing to prove himself in the months to the current vacancy on the Supreme final word from the Supreme Court. come. Court unfilled and the real con- That is how our system of justice has I thank the Presiding Officer, and I sequences that the current vacancy has worked. But what is most important is yield the floor. caused for this country. that in each of these cases the Court The PRESIDING OFFICER. The Sen- It has now been more than 6 months was unable to carry out its constitu- ator from Delaware. since President Obama nominated tional obligation. Mr. COONS. Madam President, I rise Judge Merrick Garland to fill the cur- The potential for worse during the today to join my Democratic col- rent vacancy on the Supreme Court, Court’s next term is real. For instance, leagues on the floor in opposition to and we still haven’t had a hearing, what if some of the landmark cases this Chamber’s inability to do its job much less a vote. As a result, Judge that are familiar to citizens, such as and fulfill our constitutional obliga- Garland is now the longest pending Su- Miranda v. Arizona, were a 4-to-4 deci- tion by holding a public hearing and preme Court nominee in history. sion? Or an emergency case like Bush taking a vote on President Obama’s Since the Senate has not acted, the v. Gore—what if that were 4 to 4? Or nomination of Chief Judge Merrick Supreme Court will still be without a Brown v. Board of Education? Garland to the U.S. Supreme Court. full complement of Justices when it be- Former President Ronald Reagan As this body appears to apparently gins its October term next week. There recognized the importance of having a head home for the next month and a is a lot at stake in the Supreme Court’s fully staffed Supreme Court in 1987. He half, let me share yet another reason upcoming term. The cases that the said: ‘‘Every day that passes with the why it is so important that we put par- Court will hear focus on significant Supreme Court below full strength im- tisan politics aside and do our jobs. As issues that affect Americans’ everyday pairs the people’s business in that cru- a member of the Senate Foreign Rela- lives. cially important body.’’ tions Committee, I have had the oppor- Among those cases are important President Reagan made that state- tunity to travel to many other coun- questions involving voting rights and ment around the same time he nomi- tries. Just this past June, I spent a discrimination in housing. The Court nated Justice Kennedy, who was con- week in South Africa to commemorate will also take up cases on immigration firmed unanimously by the Senate, the 50th anniversary of Robert F. Ken- and environmental protection that which was controlled by the opposite nedy’s ‘‘Ripples of Hope’’ speech in would impact millions of people across party—the Democratic Party—in the Cape Town. Robert F. Kennedy, a the country. We know they have been last year of a Republican Presidency. former Senator himself, inspired the

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.052 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6117 early, nascent anti-apartheid move- momentum by giving timely, thorough Court. Its power derives from its credi- ment in South Africa with this uplift- consideration to the President’s other bility and trust. It is being above poli- ing and challenging speech. nominees for judgeships across the tics. It has no armies, no police force. Just earlier today, I had a chance to country. With 89 judicial vacancies— Its decisions are enforceable and en- meet with a friend from South Africa with 89 current judicial vacancies— forced simply because the American with whom I connected on that trip. I from district courts to courts of ap- people have confidence in its credi- had a reminder in our conversation—a peals, to the U.S. Supreme Court itself, bility. reminder that what we do teaches, en- our inaction doesn’t just create uncer- The reason for that credibility was gages, and challenges much of the rest tainty for those involved, it impairs well stated by Chief Justice John Rob- of the world. The United States and our courts and actively harms our con- erts, who said: ‘‘We don’t work as South Africa, although we are very dif- stitutional commitment to justice. Democrats or Republicans, and I think ferent countries with different his- From Justice Marshall to Justice it’s a very unfortunate impression the tories, are similar in important ways. Warren, to Justice Scalia himself, the public might get from the confirmation What struck me on this trip to South Supreme Court has been home to many process.’’ Africa back in June and in the months icons of American jurisprudence, men That confirmation process is stymied since has been some of our important and women whose work, writings, and and stopped, stalled now by bipartisan similarities and our important current reflections are known around the paralysis that reinforces the challenges. We share powerful world, but as I suspect they might misimpression among the public that foundational commitments to our themselves have been the very first to the Supreme Court may simply be an- original documents—to the Freedom remind us, nations don’t endure be- other part of the political process. Charter in South Africa and to our cause of unique or historic individuals, The Supreme Court should be above politics. This dysfunction and derelic- Declaration of Independence here—and free nations endure because of institution of duty does damage to our democ- to our respective constitutions. We tions. have historically shared a strong re- When it comes both to ensuring the racy because it drags the Supreme spect for the rule of law. We share deep proper functioning of our treasured Court into the muck and morass of par- understanding of the importance of ca- American institutions and to ensuring tisan politics and deprives it of the credibility and trust that are the un- pable and independent judiciaries to its future independence and liberty, we derpinning of its force as a democratic preserving our multiparty democracy. are not doing our job. We are failing to institution. Think of it for a moment. But, today in the United States, as in fulfill our constitutional obligations There are two elected branches, the South Africa, divisiveness and dysfunc- and, in doing so, we are directly chal- President and Congress, and then an tion are beginning to genuinely challenging the strength of our constitu- unelected one, appointed for life, to- lenge the institutions that protect our tional order. tally dependent on its being above poli- constitutional order. Here we need look We must not forget that everything no further than the matter that drives tics. we do here and everything we do not do We have a constitutional duty to ad- us to the floor today—the vacancy on here sends forth a message to the rest vise and consent, not when it is politi- the U.S. Supreme Court that is now ap- of the world, to those who we hope cally convenient, not when it fits into proaching 200 days without any sign of watch and imitate our democracy. This our schedules but when the President promise or compromise from our Re- inaction is something I hope they do makes a nomination. We have fulfilled publican colleagues, without any ex- not imitate. that duty consistently during the last pression of a willingness to do what has If we were to take action on Chief 100 years, taking action on every pend- been done routinely for a century here. Judge Garland’s nomination, we would ing nominee to fill a vacancy on the On the Judiciary Committee, on have the opportunity not only to Supreme Court. which I serve, we have not had a hear- strengthen our own institutions but to The current impasse has real, prac- ing, and we have not had a vote. I have return to setting a constructive and tical consequences in depriving individ- heard no significant issues or questions positive example for the rest of the free uals in this Nation of justice they need raised about the qualifications of Chief world. We must leave no doubt that our and deserve. It has real consequences Judge Garland. Frankly, I don’t think democratic institutions can handle all for real people. As we saw last term one could raise significant questions. the challenges they face. and as we are about to see on Monday This is one of the most seasoned, most I urge all my colleagues to seriously with the beginning of a new term, experienced judges ever nominated to consider the consequences of this trag- issues of law essential to a functioning the U.S. Supreme Court. Yet no ic inaction, for nearly 200 days, to con- democracy and basic fairness will be progress—no hope of progress—seems sider this able and qualified nominee. left unresolved because of a deadlocked to be heard on our committee or here With that, I yield the floor. Court. The resulting uncertainty on the floor. The PRESIDING OFFICER. The Sen- causes harm across the land and across Even if we were to confirm Chief ator from Connecticut. our economy, creating confusion Judge Garland today, I think we need Mr. BLUMENTHAL. Madam Presi- among businesses that need to know to realize that our inaction has already dent, I am proud to join my colleagues what the rules of the road are going to had a significant impact. All around who have come to the floor, including be. If money is borrowed, when does it the world, what the United States says the distinguished Senator from Dela- have to be repaid? If regulation is to be and does sends a strong message. It ware and my friend and colleague from challenged, will it be upheld? matters what we say. It matters what the great State of Vermont, and with These kinds of decisions are, in fact, we do. In this case, it matters deeply other colleagues who will follow us in real cases before the U.S. Supreme what we aren’t doing. saying, very simply, we should do our Court. The uncertainty and confusion This Chamber alone cannot heal a di- job and avoid the damage to our de- resulting from deadlocked Court deci- vided country with a single committee mocracy that will result from our dere- sions and the lack of law—because in- hearing. We cannot heal congressional liction of duty if we leave town with- decision means a lack of resolution of dysfunction with just one vote, but out a hearing and a vote to fill the va- legal issues—have consequences that these actions could serve as the first in cancy created by the tragic death of impede job creation and economic a series of concrete steps to help repair Justice Scalia. growth in this country. By refusing to the dysfunction and the division in our I know something about the Supreme do its job, the Senate of the United Senate. We should start by holding Court, having clerked there for 1 year States is precluding others from doing public hearings, by letting the people with Justice Harry Blackmun, having their jobs, from creating jobs, and from of the United States understand what, argued cases there as attorney general growing our economy, as all of us if any, questions or concerns there of the State of Connecticut. I walk by would like to see done. might be about this talented, capable, or ride by the U.S. Supreme Court I am not arguing that any individual decent man, Judge Merrick Garland, every day as I come to work at the Senator has an obligation to vote for who has been nominated to the Su- Capitol, and I have tremendous respect, Merrick Garland. I believe he is pre- preme Court, and then build on that in fact, reverence, for the U.S. Supreme eminently qualified. I have known him

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.053 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6118 CONGRESSIONAL RECORD — SENATE September 27, 2016 for years. I have tremendous respect have legitimate disagreements. We hearings on Supreme Court nominees for his intelligence and integrity. I be- may disagree whether Merrick Garland back in 1916. In the 100 years since lieve he will convince other of my col- is qualified to be on the U.S. Supreme then, never before has the committee leagues that he is extraordinarily well Court. I believe, without question or denied a hearing to a nominee to be a qualified to serve as the next Justice reservation, he would be a great Jus- Justice of the Supreme Court. So never on the U.S. Supreme Court. tice on the U.S. Supreme Court, and he before in our history have we seen this That job of convincing our colleagues will be, but let’s at least give him a happen, that the majority party in the is his to do. He should be given an op- vote. Let’s do our job and avoid the Senate has refused to conduct a hear- portunity to do it in a hearing, as he self-inflicted damage to our democracy ing. has done for many of us in his indi- that will result from our leaving with- Since 1975, the average length of time vidual conversations with us. Unfortu- out upholding our constitutional duty. from nomination to a confirmation nately, our Republican colleagues have Madam President, I yield the floor. vote for the Supreme Court has been 67 denied him even a hearing, not to men- The PRESIDING OFFICER. The Sen- days because our predecessors in the tion a vote. ator from New Hampshire. Senate recognized just how important It adds insult to injury when this Mrs. SHAHEEN. Madam President, I it is for the Supreme Court to be fully body not only stonewalls Judge Gar- am pleased to join Senator functioning. This bipartisan tradition land’s nomination but departs for BLUMENTHAL on the floor this after- regarding the Supreme Court has been lengthy breaks, as we did in August noon as a cosponsor of his resolution. I put at risk by the majority’s actions and as we will now do again, without share his concerns that Merrick Gar- this year, but the Senate will have an- giving him consideration. This year, land has not yet gotten a hearing nor a other opportunity to act on the nomi- the Senate has worked fewer days and vote in this body on his nomination to nation of Judge Garland when we re- taken a longer recess than in the past be on the Supreme Court of the United convene after election day during the 50 years, despite leaving our constitu- States. lameduck session. Once we get through tional duty unfulfilled. Since the beginning of our Nation, this election, I hope that the majority That is why I am proud to submit the U.S. Senate has respected an im- party will honor the Senate’s tradition, today, along with 42 of my Democratic portant, bipartisan tradition of giving that it will do the right thing, that it colleagues, including Senator LEAHY of timely and fair consideration to Su- will give Judge Garland the hearing Vermont, the ranking member on the preme Court nominees, even during the and the floor vote he deserves. Judiciary Committee, along with my years when there is a Presidential elec- We all know that, as Senators, we colleagues on the Judiciary Com- tion. have sworn to support and defend the mittee, a resolution that says to the Sadly, this year the majority party Constitution. Our oath doesn’t say: Up- Senate of the United States: Do not has broken that tradition by refusing hold the Constitution most of the time leave town for a recess until we have even to hold a hearing on the nomina- or only when it is not a Presidential provided a hearing and a vote on the tion of Judge Merrick Garland to serve election year. The American people ex- pending Supreme Court nomination. as a Justice. The current vacancy was pect us, as Senators, to be faithful to Do not leave town without doing your created more than 200 days ago. Presi- our oath of office, and they also expect job. Do not leave town without ful- dent Obama nominated Judge Garland us to do our jobs regardless of whether filling your constitutional duty to ad- more than 7 months ago. I am joining it is an election year. So let’s respect vise and consent. my colleagues on the floor this after- that oath of office. Let’s do the job we That is what we should be doing. noon to urge the majority party and were sent here to do by the American I am not going to read the resolution, the leadership of this body to give people. Let’s follow the Constitution. but it essentially says the President Judge Garland a hearing, to give him a As former Justice Sandra Day O’Con- has the obligation to nominate. We vote. It is time to extend to Judge Gar- nor—a Justice nominated by a Repub- have the obligation to advise and con- land the same fair treatment the Sen- lican President—said just days after sent. We have done so in past years. We ate has given to every other person the current vacancy occurred back in should do so now. I will quote this one previously nominated to the Supreme February, ‘‘I think we need somebody sentence: ‘‘Whereas forcing the Su- Court by an elected President during a [on the Supreme Court] now to do the preme Court to function with only 8 Presidential election year. job, and let’s get on with it.’’ Well, sitting justices has created several in- The majority party’s refusal, to date, let’s get on with it. It is time for us to stances, and risks creating more in- to consider the nomination of Judge do our jobs. stances, in which the justices are even- Garland is a shocking break with Sen- I yield the floor. ly divided as to the outcome of a case, ate tradition. Article II, section 2 of The PRESIDING OFFICER. The Sen- preventing the Supreme Court from re- the Constitution is unambiguous about ator from Rhode Island. solving conflicting interpretations of the respective duties and responsibil- CLIMATE CHANGE the law from different regions of the ities of the President and the Senate Mr. WHITEHOUSE. Madam Presi- United States and thereby under- when there is a Supreme Court va- dent, on other judicial business, today mining the constitutional function of cancy. I do not believe the Founders in- the U.S. Court of Appeals for the Dis- the Supreme Court as the final arbiter tended that these rules should be op- trict of Columbia Circuit heard oral ar- of the law.’’ tional or should be something that gument in West Virginia v. U.S. Envi- Paraphrasing: Be it resolved that the could be disregarded. Article II states ronmental Protection Agency, which is Senate should not adjourn, recess, or that the President ‘‘shall hold this of- the case that will determine the fate of convene solely in pro forma session fice during the term of four years’’— the EPA’s Clean Power Plan. As that until we have taken action on the not 3 years, not 3 years and 1 month, court considers our national plan to re- pending nomination through holding a but 4 full years. duce carbon pollution from power- hearing in the Judiciary Committee, Time and again, Senators have done plants, which is our largest source of holding a vote in the Judiciary Com- their constitutional duty by consid- carbon emissions, I rise now for the mittee, and holding a vote in the full ering and confirming Supreme Court 148th time to urge us all to wake up to Senate. Justices in the final year of a Presi- the threats of climate change. Some of the threats to our democ- dency. Most recently, Justice Anthony In the runup to today’s argument, racy come from outside this country, Kennedy was confirmed in the last year Leader REID, Senator BOXER, Senator from violent extremists or military ag- of President Reagan’s final term in MARKEY, and I released a report enti- gressors who mean to do us harm, but February of 1988. Indeed, it was a Sen- tled ‘‘The Brief No One Filed’’ high- the threats to our democracy can also ate with a Democratic majority that lighting who is behind the legal chal- include self-inflicted wounds—uninten- confirmed President Reagan’s nominee, lenge to the President’s Clean Power tional, perhaps. Justice Kennedy, and they did it unani- Plan. Our report, which is structured I know my colleagues—and I say this mously—97 to 0. as an amicus brief, although not filed with the greatest respect—believe they The Senate Committee on the Judici- with the court, shows how State offi- are justified in what they are doing. We ary began holding public confirmation cials, trade associations, front groups,

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.054 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6119 and industry-funded scientists in the consensus of peer-reviewed science coal companies—Arch Coal, Peabody case are connected to the fossil fuel in- about the causes and effects of carbon Coal, and Alpha Natural Resources—re- dustry. In short, the court of appeals in our atmosphere and oceans, often, veal payments to E&E Legal or to its has been barraged with briefs by amici interestingly, contradicting the re- senior fellow, Chris Horner, a gen- curiae and parties who are funded by search of scientists and academic insti- tleman who has written not one but oil, gas, and coal interests. I hope the tutions in their home States, even as two books on why global warming is a court considers the appalling conflict to the effects of climate change mani- hoax. E&E Legal is also an associate of interest these briefs present when it festing in their home States. In this member of the State Policy Network, considers this case. path, climate deniers are not following which the Center for Media and Democ- Let’s begin with why there is such a their constituents. Seven in ten Ameri- racy’s SourceWatch describes as an big effort by the fossil fuel industry to cans in a nationwide survey released ‘‘$83 million right-wing empire’’ that in launch its proxies in this case. A work- this month favor the Clean Power turn receives money from a Koch fam- ing paper by the International Mone- Plan. More than 80 percent acknowl- ily foundation and from the identity- tary Fund puts the effective subsidy of edge the health benefits of the plan. scrubbing Donors Trust and Donors the fossil fuel industry in this country Of course, the big polluters don’t Capital, organizations set up to laun- at nearly $700 billion per year. For the spend just to influence legislators at der the identities of big donors. Such is record, that is billion with a ‘‘b.’’ That the Federal level, they also spend big the web of denial. includes the climate harm they get on State officials, and they prop up Madam President, I could go on. Our away with for free. trade associations, think tanks, and report contains substantial detail on To protect this massive subsidy—per- front groups willing to push their anti- the network connecting the opponents haps the biggest subsidy in the history science agenda. Many of these State of the Clean Power Plan to the fossil of the world—the fossil fuel polluters politicians, trade associations, and fuel companies behind their effort. have concocted a complex web of cli- front groups sure enough showed up in ExxonMobil’s CEO may pretend con- mate change denial. The web includes the Clean Power Plan litigation. cern about climate change and mouth deceptively named nonprofits and fake From the 27 States currently chal- support for a carbon fee, but on his po- think tanks—to use Jane Mayer’s apt lenging the Clean Power Plan in court, litical gun decks, all their cannons are phrase, ‘‘think tanks as disguised polit- the CAP Action Fund has identified 24 aimed to protect the freeloading, pol- ical weapons’’—whose purpose is to climate-denying attorneys general and luting status quo. And the Koch broth- propagate phony science, manipulate Governors based on their own past ers don’t even pretend; they will send public opinion, and create an echo statements. These State officials have us off a climate cliff to enforce their chamber of climate science denialism. received over $19 million in contribu- extremist ideology and to maintain The polluters also wield their influence tions from the fossil fuel industry since their power to socialize their costs. in our election campaigns, with espe- 2000. One small example of this: Docu- These Koch brothers are fine capitalist cially devilish effect since the dreadful ments obtained by the Center for free-marketeers when it comes to ex- Citizens United decision of 2010. A lot Media and Democracy show that Mur- tracting private profits, but when it of this fossil fuel apparatus has turned ray Energy, a coal company, donated comes to imposing public costs, they up in the DC Circuit. $250,000 to the Republican Attorneys are more socialist than Trotsky. The If we examine the Members of Con- General Association in 2015 and re- fossil fuel powers whistle, and the gress filing amicus briefs against the ceived a closed-door meeting with hounds all come running to bay at the Clean Power Plan, we find massive State prosecutors to discuss the Clean court. Before the court of appeals takes funding to them from the fossil fuel in- Power Plan. According to research di- their arguments seriously, it should dustry. The Center for American rector Nick Surgey: consider the industry’s financial rela- Progress Action Fund and the Center It’s no coincidence that GOP attorneys tionship with so many of the Clean for Responsive Politics report that general have mounted an aggressive fight Power Plan opponents, it should con- since 1989, Member amici signing these alongside the fossil fuel industry to block sider their sordid record of deceiving briefs have received over $40 million in the Clean Power Plan. That appears to be ex- Americans about climate science for oil, gas, and coal campaign contribu- actly what the industry paid for. years, and it should consider the mas- tions. Thirty-four Senators opposing Other energy companies and trade sive, massive conflict of interest of the the Clean Power Plan received over $16 groups that gave money last year to industry lurking in the shadows behind million in direct contributions, and 171 the Republican Attorneys General As- their front groups. Representatives opposing the Clean sociation include Koch Industries, Madam President, I yield the floor. Power Plan received nearly $24 million. ExxonMobil, Southern Company, and The PRESIDING OFFICER. The Sen- And that is just direct spending to can- Cloud Peak Energy. ator from Wyoming. Then there are the industry trade didate campaigns. On top of that come REMEMBERING GEORGE ‘‘FLIP’’ MCCONNAUGHEY groups, such as the American Coalition fossil fuel-related political action com- Mr. ENZI. Madam President, last for Clean Coal Electricity and the Na- mittee contributions, over $42 million week I lost my chief of staff whom I tional Association of Manufacturers more to Member amici since 1989— have worked with in various roles for also petitioning against the EPA. To nearly $12 million to the 34 Senators over 40 years. A member of my staff, pick just one, the National Association and nearly $31 million to the 171 Rep- Ron Hindle, wrote a remembrance on of Manufacturers has been described as resentatives. behalf of the staff that begins with In total, the fossil fuel industry’s dis- a ‘‘trade association and corporate this: closed political spending to Members front group that has a long history of on these briefs amounts to nearly $83 hiring lobbyists to promote anti-envi- September 21st was a day that my fellow Enzi staffers and I will never forget. It was million, with approximately $55 mil- ronmental, pro-industry legislation.’’ on that day we learned that George lion split among 34 Senators and nearly Other front groups, such as the En- McConnaughey, or Flip, as we all knew him, $28 million split among 171 Representa- ergy and Environment Legal Institute, had lost a valiant battle he had waged tives. And, of course, Citizens United have also filed briefs. E&E Legal ad- against cancer for the past year. His loss has opened the door to unlimited spending vances what it calls ‘‘free-market made these past few days a time of reflection that is not disclosed as well. So we ac- environmentalism’’ using strategic and remembrance for us all about Flip and tually don’t know the full amount or litigation. It has made it its hallmark his life. the full effect of fossil fuel political to harass climate scientists who work Madam President, I ask unanimous spending above and beyond that dis- at public institutions and are vulner- consent that the entire statement be closed $83 million. able to State and Federal FOIA re- printed in the RECORD following my The CAP Action Fund has labeled 135 quests. E&E Legal received significant comments. of the 205 Member amici as ‘‘climate funding from the fossil fuel industry to Yesterday we had a celebration in deniers’’ based on their past state- engage in this harassment. Casper, WY. It was well attended. It ments and their voting records. Cli- Documents made public in the bank- turned out to be a kind of reunion of mate deniers reject the overwhelming ruptcy proceedings of three separate people who had been touched by his life

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.057 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6120 CONGRESSIONAL RECORD — SENATE September 27, 2016 and his actions and particularly those the town owned its own dilapidated in towns and cities. In Gillette we had who had worked with him. I am sorry I electrical system. a landfill that was about full, and we can’t share the video we all got to see Now, it is hard to entice somebody needed another site. We made our an- of him growing up and his interactions with knowledge of those issues to come nual visit to the county commissioners with family and others, particularly to a boomtown, but I was able to per- to request $25,000 from the county peo- since family meant so much to him. suade Flip to pull up roots and become ple for the use of the landfill. The Since we can’t see that video, I will Wyoming’s first city administrator. It chairman said: Why, with that amount share some of my remembrances, some wasn’t until he had bought a house and of money, we could run the whole of my memories. moved Shelia to Gillette that he found thing. Flip said: We would be willing to In the end, there is only faith, fam- out the ordinance he was to work under pay you $25,000. They agreed. Flip had ily, and friends. Flip was one of the was only through the first of three the paperwork to them that afternoon richest men I know in all three cat- readings and that the mayor had to and had it signed. It saved the city mil- egories. break the tie with a vote to get it that lions. After that, everywhere Flip Flip had faith. Senate Chaplain far. went, other towns would ask: Now, how Black lists Flip as his hero because of Flip and I have gotten a lot of things were you able to get the county to take Flip’s faith, in spite of the fight that done working together over 40 years, that landfill over? I can tell you, it went on inside him. Chaplain Black starting with that job in Gillette. Flip hasn’t happened since. drove out to Flip and Sheila’s home has never worked for me, he has always Even recently, reflecting on the lack when they were moving back to Wyo- worked with me. As a team, we used of money we saved and the problems we ming to do an anointing. I think that his city skills. I was just a salesman. worked to solve, he said, only partly helped Flip make the long drive to Wy- I remember when his son Jeff was joking: We can finally tell about all oming. born and then his daughter Sarah. I re- the things that happened since the Flip quietly shared his faith with member their excitement for each of statutes of limitation have run out. I others. Flip participated in the Chap- these gifts of Heaven. I also remember think Gillette was the test case in lain’s weekly Bible study. Flip at- when our two sons discovered Star court for every new way the State suggested that towns could operate. tended a men’s prayer breakfast on Wars and each wanted a Millennium Falcon transporter. We were able to After our time together in Gillette, Saturdays. Flip attended church faith- Flip got a job as city manager in Lar- fully. Flip had strength through his find models, and Flip and I spent our lunch hours for 2 weeks helping each amie—an actual city manager. You faith. know he did his usual excellent job be- Flip knew the importance of family. other with the difficult instructions to cause his 15 years of serving there set His closest friend, of course, was his meet the Christmas deadline. As a team in Gillette, we also nego- a new record for longevity. He was a wife Shelia. He knew how lucky he was tiated industrial siting agreements leader in other ways, including by serv- that she said yes when he proposed. He with 12 coal mines. We insisted that ing on the board of the Wyoming Asso- said it was the best thing that ever the companies provide a town that ciation of Municipalities until he came happened to him. He also said his par- their employees would want to live in to Washington. He attended con- ents liked her better than him. and to work from. Some of those com- ferences for, spoke to, and was a part of Flip knew about cancer since he was panies were hard to convince. In their the International City Management the caregiver through Shelia’s bouts of first trip to city hall, they would bring Association for the rest of his life. In chemotherapy. Then, she was the care- a small plan. I would look at it, sug- Washington, his municipal reputation giver and researcher through his oper- gest that they weren’t serious, and followed him. Any State with a city or ations, tests, and treatments. Her re- then throw their plan in the garbage as town problem referred the administra- search saved his life more than once. I left the room. Flip would be the good tors to Flip, and he usually could work Her love kept him going. guy and stay behind to put them on the with them to find a solution. He also Flip knew family as a son, as a broth- right track. I am sure those old-line counseled city managers, often resolv- er, as a husband, as a father, and espe- company execs wondered about negoti- ing their situation—although some- cially as a grandfather. He filled all ating with two kids just 30 and 27 years times also helping to find them a more those roles well, and he was an example old. suitable occupation. to others. My wife Diana and I feel like Earlier I mentioned the color-coded Let me tell you how he came to be in we are part of his family and his family smelly water that was in short supply. Washington. When I was elected Sen- is part of our family. Flip has been a Thanks in large part to Flip, the town ator, I had over 500 applications to be caring brother to me, and Flip has also got a water system for 30,000 people, my chief of staff. Flip had not applied. always treated staff as family. with only 10,000 people to pay for it. He was the only one I could picture Now, I didn’t know Flip when he was Together we were able to convince working with in that role—organized, the center for the Glenrock Herders Standard & Poor’s and Moody’s that we focused, a superb manager; he knew football team, and I wasn’t there when had a sound plan for the system. What how I liked to operate, could find good his dad lost the race for mayor by one made our job more difficult at the time people, was able to successfully juggle vote and years later found out that his is that we were taking this on while multiple crises. So my son Brad and I own wife didn’t vote for him. I didn’t New York City was facing bankruptcy. drove to Laramie. I caught him at the know Flip when his dad found out he Flip had to put back together a town, office after everyone else had left, had skipped school for a few days, and too, that was ravaged by a man on a which was normal for Flip. his dad was on the school board. He stolen D9 Cat. The man drove over I said: Flip, I need you to come to loved his parents, but he revered his cars. He particularly didn’t like sports Washington and be my chief of staff. mother and he feared his father. cars, and he would go over them and He said: I never went to Washington. I I didn’t know him when he graduated back again. He pushed over power don’t like Washington. I don’t want to from the University of Wyoming, or lines. He ripped up sprinkler systems go to Washington. I won’t go to Wash- when he married Shelia, or when he got and gas lines. He drove through a bank ington. So we visited about our fami- the job as Casper’s assistant city man- drive-up and through a schoolyard, and lies. Then, as Brad and I left to drive ager. I didn’t get to know him until I he wound up in an apartment basement home, Brad said: I think you got him. was mayor of Gillette. As an account- after the D9 Cat pushed the building off In disbelief I asked: What part of ‘‘ab- ant, I ran on a balanced budget plan its foundation. The Governor was in solutely no’’ do you think was yes? But and attended council meetings. Then I China at the time and sent the article Brad turned out to be right. I got a call found out—and you can imagine the about the incident in Chinese. My col- the next day from Flip, who said: If shock I had when I learned that as lege roommate was in Saudi Arabia at that job is still open and I can get a mayor you had to learn about sewer the time and sent an article about the few answers, Shelia and I talked it and sewer treatment, garbage, police, D9 Cat in Arabic—those were both a over, and we might be interested. Well, fire, parks, not to mention water, little hard to read. I got the answers, and he and Shelia which in Gillette smelled and was Madam President, I also mentioned came to Washington, and he and I were color-coded and in short supply, or that garbage. That is always a huge problem a team again for the next 20 years.

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.058 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6121 Flip knew the importance of working geous battle with cancer. We appreciated responsibility to make sure the resources of with everyone and co-founded the bi- Flip’s self-deprecating humor, straight talk the town are used wisely in the present to partisan chiefs of staff organization and professionalism. We were witness to tre- take care of current needs, and a reserve is here in the Senate. He organized and mendous character, faith and courage as he put aside to take care of future demands. walked through the blow of cancer. He was a While Flip was taking those first steps as managed a Senate team that helped friend and mentor when I was a young chief a local official, Mike Enzi and his wife Diana pass a record number of bills. of staff. I was privileged to be part of a week- were busy running NZ Shoes. A set of inter- Flip was also the best planning meet- ly prayer group with him. esting circumstances would soon bring them ing facilitator in the country. He led From Steve Northrup, who was the together. It all began with Mike’s decision to our staff in an annual planning session run for Mayor and his subsequent election. health policy director of the HELP to focus everyone on what they would Mike knew that winning the election Committee: be expected to get done the next year, would turn out to be the easy part of the job. and then he pushed to get those things What Flip went through these last several He now had an agenda of challenge and months would have broken the spirit of a done. He insisted that we never call it change before him and he needed someone lesser man. We can take solace knowing he is with the experience and the knowledge that a planning retreat. He would emphati- with God now, with no more pain, only could help him make Gillette a better place cally slap his hand on the desk and say, peace. He was a friend and mentor and an in- to live. That someone was Flip like General Patton: We never retreat. spiration as a public servant. He was a McConnaughey. Flip was also competitive. I remem- ‘‘scary man’’ when he needed to be, but he As the story goes, when Flip was offered ber a contest between him and my first was always there when I needed support, ad- the job, he was less than enthusiastic. He legislative director, Katherine vice, or [to give you] a kick in the pants. had achieved a reputation for his skills and McGuire, to see who could take the So you can see that Flip had friends knowledge already and he had a good future most spice in their Mongolian bar- everywhere he went and even ones in Casper. All he had to do was to keep doing what he was already doing. becue—without beer. whom he didn’t know because he served It was either Mike’s way with words or Sometimes Flip traveled with Diana and he listened. Many people have Shelia McConnaughey’s willingness to take and me on the weekends and the Wyo- mentioned that he actually heard what on an adventure, or a combination of both, ming work periods. Now, you know, in they said. but soon Flip and Shelia were heading to Gil- Wyoming that can include bad weath- Flip, we know you have been wel- lette to take on the job of bringing that er. One time Flip was driving us in a comed into your Heavenly home and town from a small town to a city of 30,000 blizzard that hit us between towns, and the Lord has told you: Well done, my plus. it was one of those wet, heavy storms— good and faithful servant. In many ways, Gillette was fortunate. the kind that clogs up your windshield They had the jobs and they had the people. Flip, I thank you for calling me in What they needed to do was to ensure they and you have to stop your car every your last hours to say goodbye. We had the infrastructure in place so that peo- few miles and clean the wipers off and miss you, Flip. ple would have good homes in which they clean the windows off. We were won- I yield the floor. could raise their families. A survey showed dering if we would ever get to There being no objection, the mate- them that they needed a lot of things—roads, Kemmerer. He stopped once, then rial was ordered to be printed in the sidewalks, schools and so much more. They quickly got back in the car, laughing RECORD, as follows: couldn’t get any of that done, however, with- vigorously. It was very un-Flip. I got [From the Staff of Senator Enzi] out a short term plan and long term goals. Flip was now to be the first City Adminis- out to see what was so funny. We had REMEMBERING GEORGE ‘‘FLIP’’ almost run over the sign that said: trator in Wyoming. He had a vision for what MCCONNAUGHEY could be done and how to accomplish it that ‘‘Welcome to Kemmerer.’’ What a re- September 21st was a day that my fellow proved to be invaluable. The boom he helped lief. Enzi staffers and I will never forget. It was guide the city through lasted seven years. Flip was always quick to take the on that day we learned that George Thanks to Flip, not only were they able to blame for any setbacks. That infuri- McConnaughey, or Flip, as we all knew him, get those first projects done, they set off on ated me, since I usually knew who real- had lost a valiant battle he had waged a more long term plan to provide city serv- ly set us back. But he always got to the against cancer for the past year. His loss has ices of every kind, especially water, and oh, source, and like a good father, he made these past few days a time of reflection yes—garbage collection—to 30,000 people turned the employee error into a teach- and remembrance for us all about Flip and while upgrading the whole city-owned elec- his life. ing moment. Flip was a people person. trical system. If we could turn back the hands of time Somehow it was all done. Then, when Mike He was a brother to me, and through and take a trip to Casper, Wyoming on Sep- headed to the State Legislature to continue the years he provided me with teach- tember 10, 1947, we would arrive just in time to serve the people of the community of Gil- able moments too. I can still hear him to witness Flip’s birth and see the pride on lette, Flip went to Laramie where he became say: ‘‘Mike, that is something you real- the faces of his parents, George and Phyllis. the longest serving City Manager. ly need to do.’’ Of course, if it was a Although I never had a chance to meet or While Mike was serving in the State Legis- really tough assignment to talk me get to know his parents, his Dad was a part lature, Al Simpson announced his retirement of our everyday life. Over the years, George from the Senate. After some thought, Mike into, he knew to enlist my wife Diana. had collected quite a collection of sayings Everyone learned to listen closely to decided to take on what some thought would and colorful phrases and Flip had acquired be a very difficult campaign with no promise Flip’s commonsense instruction. He al- them and kept them close to his heart. of success. ways downplayed his role. The most Whenever a time came that brought one of Once again, he took on the challenge with prideful thing I ever heard him say was those reflections to mind he would share his family. Once again, somehow he got the ‘‘Not bad for a butcher’s son from them with us. ‘‘My Dad used to say,’’ became job done. Glenrock.’’ a phrase we would not only hear quite often, He probably knew—once again—that win- I mentioned faith, family, and but look forward to, as well. ning the election would be the easy part. friends. Let me conclude with a few Now that Flip has been taken from us all What he needed now was someone who could notes from friends, as I ask you, the too soon, it means even more to me and to once again help him put together a team all our staff that our boss has shared so that would face a very different challenge— staff, his friends, to jot down any and much with us about his life and their history running a Senate office. all memories that you can think of together. It really is a remarkable story. That was the perfect job for Flip. At least about Flip and share them with Sheila When Flip was still in college he met the Wyoming’s newest Senator thought so. It and the rest of his family. I assure you, person who was to completely change his life turned out that Mike would be number 100 on that is the best way to fill the hole of and get him pointed in the right direction a roster of 100. The beginning of his service the hurt we all feel. from that day to the end of his life. Her in the Senate wouldn’t be easy, but if he From Leader MCCONNELL’s chief of name was Shelia and I don’t think we have could convince Flip to work with him as his staff: ‘‘He had a great knack for know- ever met anyone quite like her. Flip took a Chief of Staff it still might work. ing when to encourage, when to kid great deal of pride in her and her willingness Flip was less than enthusiastic. Actually, to go along with him on a number of adven- I’m told that Flip said something to Senator and when to make you laugh through tures. Enzi like—absolutely not! He was flattered the stresses we all face.’’ That was important because, after gradua- to be asked, but he and Shelia had estab- From a new leader of the chiefs of tion, Flip found his calling when he took on lished a routine in their lives and they were staff: the responsibilities of Administrative Assist- enjoying life in Laramie. I think Flip would Our beloved friend, colleague and fellow ant and Assistant City Manager in Casper. have considered it but he didn’t want to chief, Flip has passed after a long and coura- The job of a City Manager isn’t easy. It’s his completely disrupt their lives in Wyoming.

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.059 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6122 CONGRESSIONAL RECORD — SENATE September 27, 2016 He knew Shelia loved Wyoming and probably learned that Flip had received a diagnosis of Ms. WARREN. Mr. President, the Re- wouldn’t want to leave. cancer. We all thought it was unfair, but publicans are threatening to shut down I will always believe that at this point Flip Flip was too focused on continuing to live the government again. In less than 100 must have sat down at the kitchen table for his life day by day with all the strength, de- hours, the U.S. Government will run a cup of coffee and some serious conversation termination and enthusiasm he could mus- with Shelia. I also think Shelia expressed ter. out of money. Why? What is so impor- her willingness to do whatever she could to We went on one of those planning meetings tant that Republicans are willing to make the whole thing work. earlier this year. It was to be our last with destroy thousands of jobs and cost our Soon, Flip was in Washington spending Flip in charge. We were surprised we went on economy billions of dollars the way part of his time setting up our Senate office the annual adventure, given Flip’s health they did in 2013? The answer is money. and the other part looking for a new home issues, but Flip would hear nothing of a Not tax money. Not government spend- for the McConnaughey’s—Flip and Shelia. change in schedule. Having that part of our ing. No. This is all about secret money It seems like yesterday when they arrived routine still there for us meant a lot to us, for political campaigns. Republicans in Washington, but it was years ago—just but it meant a lot to Flip, too. It energized about 20 years in fact. That’s when I and our him and gave him a sense of routine that who control Congress are refusing to Washington staff met Flip. For each of us helped to bring him a moment of calm in fund the government unless everyone there was a moment as we got to know Flip what had been a very difficult and complex agrees to let giant, publicly traded in which we understood why Mike knew time in his life. companies that spend millions of dol- there was no more valuable part of his Sen- Over the past months, day by day we lars trying to influence our elections ate team than Flip. watched as Flip battled cancer with the keep all that money hidden. Flip had an amazing ability to understand strength and determination of a warrior. In just 6 years, the world has turned people and to help them grow professionally Now we can see much more clearly what that upside down. Since 2010 when the Su- and personally. He was a mentor in every battle was like, but once again, he never preme Court said in Citizens United sense of the word. All of us feel very fortu- complained or felt he was being treated un- nate to have had the chance to know him fairly by life—or by God. He knew his future that American corporations are ‘‘peo- and to work with him. was in God’s hands—but his present—the day ple,’’ those corporations have been al- Over the years we would often continue to to day of his life—was his to live—each day— lowed to spend as much corporate hear stories about Flip’s father and a saying as it was given to him. money as they want to get their or two he or his Dad had collected would Now he has gone home to be with his Lord friends elected. And, boy, have they shortly make their appearance. One of his fa- and Savior, and I’m sure heaven is glad to spent money—more than half a billion vorites was ‘‘if you like what you do, you have him. As the old adage reminds us, God dollars from 2010 to 2015. Today a pow- never have to work a day in your life.’’ must have needed someone with his skills That is a good description of Flip and the and abilities to take him from us—well be- erful group of millionaires and billion- way he lived his life. Flip accepted every mo- fore any of us were ready to say goodbye. aires runs around tossing out checks ment with the same determination and focus Moving on, we will always remember Flip for for millions of dollars to influence who and none of us ever heard him complain— the way he taught us how to do our jobs— wins and who loses elections. Anyone about work, life and just about everything better—how to get along with friends, family whose eyes haven’t been glued shut can else that came his way. and fellow staffers—better—and how to live see that these waves of money are One of his great contributions to the office our lives fully focused on what we can do drowning out ordinary citizens, cor- was his commitment to annual planning today to make our tomorrows better and rupting our politics, and corrupting meetings. Each year he would lead us—Wash- brighter. ington and Wyoming staffs—on a nearby ad- In the years to come, that will be Flip’s our government. venture where we would settle in to a local legacy. There will be so many things that We need to reverse Citizens United hotel or meeting place—where we would will bring him to mind. There is that chick- and take back our government. We come up with a plan for the coming year en dish at the carryout he always enjoyed. need to reaffirm the basic principle that would build on the previous year’s suc- The park where he would stroll around to that corporations are not people. But cesses. give some problem or issue some quiet re- that is going to be a long haul. The Our first session produced our Mission flection. His love of his family and especially first thing we can do—the least we can Statement. Those words would stay with us his grandchildren. do, the thing we can do right now—is from that day on as we proudly displayed its I know I speak for all our staff when I offer message on the walls of our offices. Here is our heartfelt sympathy to Shelia and to all make sure publicly traded corporations the text as we worked on it together— who knew and loved that remarkable guy. He at least tell us when they spend money STATEMENT OF PRINCIPLE was a good friend, a helpful and supportive on political campaigns. We have been given a sacred trust to work coworker and a loving husband, father and Let’s be brutally frank about this. for our families, grandparents and grand- grandfather. Flip had one dream his whole Despite the impression that they usu- children. We will respect the wisdom of those life—making the world a better place—and in ally give on television and in congres- before and the future of those to follow. We more ways than we will ever know—he suc- sional hearings, public companies do will discharge this trust through our legisla- ceeded. not belong to their executives. They tive policy, our constituent services and the Well, maybe he had one more dream. There are not piggybanks for rich CEOs who way we treat each other, guided by these wasn’t anything in his life he enjoyed more than going on an adventure with his beloved want to advance their own personal po- three principles: litical ideologies. By law, these compa- Doing What Is Right. Shelia. Together they may have grown older, Doing Our Best. but they never grew up. They loved baseball nies can spend money only in ways Treating Others as They Wish to be Treat- games, shopping trips, exploring new res- that will benefit their shareholders. So ed. taurants and eateries and so much more. In when a public corporation decides to my heart I would like to believe that Flip is STATEMENT OF PURPOSE spend $1 million on politics, one of two sitting in Nationals Park—in the good In all that we do our purpose will be to things is true: Either the corporation seats—and waiting patiently for Shelia to is trying to buy a politician or some allow the family to be strengthened by keep- join him. ing more of what they earn, assuring jobs God bless you, Flip. We couldn’t be more government favor or it isn’t. If it is, and their future with sound financial poli- proud of all you accomplished in your life then that is corruption, plain and sim- cies; restoring common sense to law and reg- and all you made possible for us to accom- ple, and if it isn’t, that is a waste of ulation; and, to promote decision-making at plish in our own lives. We will never forget shareholder money, and it is illegal. Ei- the level closest to the people—our commu- you. ther way, shareholders and the public nities, counties, school districts and most importantly our homes. Mr. ENZI. I suggest the absence of a have a right to know. I know we missed a year here and there, quorum. The next time you buy cookies or but for the most part we found time to get The PRESIDING OFFICER. The shop on a Web site or use a credit card, away for a strategy session every year. clerk will call the roll. you may be contributing to the profits One thing I will always remember is how The legislative clerk proceeded to of a corporation that is funneling mil- much he hated to hear us say we needed to call the roll. lions of dollars to political candidates ‘‘communicate’’ better. No, he would say, Ms. WARREN. Mr. President, I ask you detest. You may be helping some that is a what—tell me how you’re going to unanimous consent that the order for corporation buy a Senator who will do it and more importantly tell me the standards we’ll use to grade our success and the quorum call be rescinded. help roll back environmental regula- see if we’re making progress. The PRESIDING OFFICER (Mr. tions or privatize Social Security or Then came that awful day. I can’t even put GARDNER). Without objection, it is so block a woman’s access to birth con- into words how we felt on that day when we ordered. trol. That may be OK with you, but if

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A27SE6.037 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6123 it isn’t, you might want to know about ment that didn’t care about the people overwhelmingly bipartisan piece of leg- it and buy different cookies. The Re- living in Flint and a Republican Con- islation. I had hoped to be on the floor publicans don’t want you to know. gress that didn’t care either. today to celebrate the passage of the They are saying they will shut down Michigan’s two Senators, DEBBIE Survivors’ Bill of Rights; however, as is this government before they will let STABENOW and GARY PETERS, have the case far too often here in Wash- the SEC make corporations tell about spent nearly a year trying to work out ington, political gamesmanship is tak- the secret money they are pushing into some kind of solution—any kind of so- ing precedence over sound policy. political campaigns. lution—that the Republicans who con- The Democratic leadership is holding The American people want to know if trol Congress would agree to. They up this bill for purely political reasons. giant corporations are buying politi- even got a fully paid for emergency re- The Democratic leadership is delaying cians, and the SEC can make those cor- lief package to move through the Sen- passage of this noncontroversial bill porations tell. More than 1 million peo- ate with 95 votes—95 votes in the Sen- despite the fact that it enjoys broad bi- ple and organizations have written to ate—only to watch in horror as Repub- partisan support. They are holding up the SEC, asking it to issue such a rule. licans in the House are trying to tank this bill despite the fact that it is crit- This massive show of support has it. ical to help victims of sexual violence. spooked Republicans. After all, there is Recently, major floods hit Louisiana. They are holding up this bill despite an election in 6 weeks. At this very Like Flint, Louisiana received a Fed- the fact that the same language passed moment, billions of dollars in secret eral disaster declaration to make the the Senate Judiciary Committee money are flowing into our political thousands of people who have lost their unanimously. They are holding up this system—much of it to prop up Donald homes eligible for our help. Congres- bill despite the fact that it passed the Trump and his Republican friends in sional Republicans, urged on by the Senate 89 to 0 and the House of Rep- Congress. Just turn on your TV and two Republican Senators from Lou- resentatives 399 to 0. you will see it. isiana, have decided to give Louisiana The Survivors’ Bill of Rights has Senator MITCH MCCONNELL and the the support it needs to recover from been championed by a courageous rape rest of the Senate Republicans have this disaster as part of the government survivor named Amanda Nguyen. billions of reasons for keeping this funding bill, and that is great. The Re- Amanda is the founder and president of funding secret and billions of reasons publicans who control Congress said: an organization that goes by the acro- to defend this rotten system. They are There will be nothing for Flint. This is nym RISE, a group that worked closely willing to shut down the government raw politics. Two Republicans rep- with me on the development of this to do it. resent Louisiana and two Democrats survivors’ rights package to establish If Republicans think they can quietly represent Michigan. Congress is con- new rights for survivors of sexual as- hold the government hostage to pro- trolled by Republicans so Louisiana sault. tect the anonymous corporate donors gets immediate help, but after a year Amanda was the victim of sexual as- who want to buy off politicians, if they of waiting, Michigan gets told to pound sault as a college student. Her struggle think nobody else will notice, they sand. with the criminal justice system in the should think again. If the Republicans Is this what we have come to? Is this aftermath of this event transformed really think the American people sent what politics has become? There are her into a tireless young advocate for us here to protect political corruption, 100,000 people in Flint, a town where survivors of sexual violence. Sexual vi- then let’s get it right out here in the more than half the residents are Afri- olence, as you know, impacts millions open and let the American people see can-American and nearly half live in of American women and men in our who is standing up for them and who poverty. They get nothing because vot- country every year. Victims of such isn’t. ers sent two Democrats to the Senate? crimes should not face an uphill battle There is a second threat the Repub- This is not a game. Flint is not a in their pursuit of justice, as Ms. licans have issued. They will not help Democratic city or a Republican city; Nguyen did, and that is why I included Flint, MI. The people of Flint, MI, have it is an American city. The children this language in the Adam Walsh Reau- been poisoned by lead seeping into who have been poisoned are American thorization Act. That bill, which their drinking water; poisoned by a children. The principle of standing up makes grants available to help States rightwing State government that de- for those in need is an American prin- track convicted sex offenders, unani- cided to play fast and loose with the ciple. mously passed the Senate Judiciary health and safety of a largely African- I am a Democratic Senator from Committee and the full Senate just a American town; poisoned by a fraudu- Massachusetts, but I will help the Re- few months ago. lent coverup that hid what happened publican Senators from Louisiana. I I am very proud to have shepherded while lead built up in the bodies of stand shoulder to shoulder with them this bill through the Judiciary Com- thousands of young children and in their hour of need, but I am sick and mittee. It is a commonsense piece of caused terrible developmental prob- tired—I am past sick and tired—of Re- legislation. For months, I urged the lems and chronic health issues that publican Senators who come here and House Judiciary Committee to pass will last for the rest of their lives; demand Federal funding when their this very bill. Thankfully, that com- poisoned by a philosophy that says: communities are hit by a crisis but mittee and the full House passed this Let’s give tax breaks to billionaires block help when other States need it. bill just a few weeks ago. Now the Sen- and big corporations and then shrug it Their philosophy screams, ‘‘I want ate must act, of course, so we can send off when there is no money left to build mine, but the rest of you are on your it to the President. Unfortunately, the infrastructure for clean water or pro- own.’’ It is ugly, un-American, and just Democratic leadership has chosen par- vide education or opportunity for any- plain wrong. tisan politics over helping victims of one else; poisoned by a Republican phi- We must stand with the Senators sexual violence. losophy that says: No one matters but from Michigan. We must stand with Since the House passed this legisla- me and my children. Your children can the children of Flint, and we must put tion, Amanda has been checking in drink lead; poisoned by the callous in- aside ugly partisanship that is literally with my office nearly daily on the sta- difference of the Republicans who con- poisoning a town full of American fam- tus of when the Senate will pass this trol the United States Congress. ilies. Any Member of the House or Sen- bill. While Republicans are poised to It has been over a year since Flint’s ate who doesn’t stand with them lacks move forward on this bill, Democratic water was declared undrinkable. It has the moral courage to serve in this Con- leadership has continued to stall Ms. been 9 months since it was designated gress. Nguyen’s efforts. a Federal disaster eligible for our help. I yield the floor. Among other things, this bill ensures During that time, 100,000 residents of The PRESIDING OFFICER. The Sen- that each and every survivor of sexual Flint—mothers and fathers, sons and ator from Iowa. assault should have equal access to all daughters, children and babies— SURVIVORS’ BILL OF RIGHTS BILL available tools in their pursuit of jus- haven’t had access to drinking water Mr. GRASSLEY. Mr. President, I tice. This includes proper collection because of a Republican-State govern- come to the floor to speak about an and preservation of forensic evidence.

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.061 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6124 CONGRESSIONAL RECORD — SENATE September 27, 2016 The Survivors’ Bill of Rights also se- Chamber, we have held hearings in Orlando or Chicago or L.A., or if it cures a package of new rights for sex- which my colleagues have questioned were the upper middle-class White kids ual assault survivors. Amanda Nguyen Michigan officials about what hap- of lawyers and doctors and corporate has been working with both political pened and what needs to be done. There executives who had been poisoned by parties to help fellow survivors. have been press conferences, there have lead? Does anyone here believe that we It has been an honor to work along- been op-eds, there have been media would have sat and done nothing? side Ms. Nguyen on this critical piece interviews discussing the need to take But with Flint, which is a poor Afri- of legislation. I will fight for Amanda action, but here we are without taking can-American community, we have and every survivor of sexual assault any action and without a bill on the done nothing. Our Nation was founded until this bill passes. President’s desk. on a legacy of slavery and racism, but I call on the Democratic leadership Some here may say: Well, we passed we were also founded on a vision of to stop delaying this bill immediately. the Water Resources Development Act, equality and opportunity, and we have We have an important bipartisan op- which did include money to assist the moved step-by-step to put the legacy of portunity to improve the criminal jus- citizens of Flint, but we all know that discrimination behind us and to em- tice system for survivors of sexual as- the House hasn’t passed their WRDA brace the vision of equality and oppor- sault. legislation. We all know that if they tunity for all. We still have a long road Today I ask the Democratic leader- did pass their bill today, it doesn’t ahead of us to achieve that vision in its ship to simply put the victims of sex- have support for the citizens of Flint. entirety. ual violence on the highest of prior- We all know that a conference com- We have often been too slow to re- ities. Put these courageous individuals mittee is far into the future since the spond to the pain, the suffering, and above partisan politics. We have done House hasn’t acted; therefore, a solu- the loss of life in our minority commu- this before, and we should do it again, tion is not nearby. The prospect of a nities. That is why the phrase ‘‘Black particularly in this environment of to- water development bill to aid the peo- Lives Matter’’ resonates powerfully. It day’s speeches from the other side of ple of Flint by getting it to the Presi- is not OK to profile Americans based the aisle, decrying the fact that there dent’s desk is simply a hope, but it is a on race. It is not OK to target one com- might be too much partisanship in this hope that is far away. munity with stop-and-frisk tactics. It body. This is a chance to demonstrate We have a better vehicle right here, is not OK to treat one race as a client not only bipartisanship but also una- right now, and that is the continuing and another as a problem. Black lives nimity in the U.S. Senate that has al- resolution, which will make sure that matter, and it is time we acted like ready been demonstrated on this piece the people of Flint get the help they that here in the Senate. of legislation and get it to the Presi- need. It is the bird in the hand, not the Let’s start by responding quickly from this point forward on this crisis dent so we can help these courageous bird in the bush. However, at this mo- in Flint. Let’s respond with the same people who are fighting to help victims ment the continuing resolution before urgency as the crisis in Louisiana. The of sexual assault. us does not contain a single cent for flooding in Louisiana wreaked havoc I yield the floor. Flint or other communities affected by on Louisiana families, but we all know The PRESIDING OFFICER. The Sen- lead poisoning. It does contain millions that the poisoned water in Flint, MI, ator from Oregon. of dollars for the people in Louisiana wreaked havoc on the families there. If Mr. MERKLEY. Mr. President, I rise hurt by the terrible flooding that hit you go to Flint today, you see pallet today, like many of my colleagues, to the State, and it is certainly the right after pallet filled with water, and it is express frustration and outrage that thing to do to assist the citizens in scattered all over the city, necessary we are once again considering leaving Louisiana. for drinking, cooking, washing dishes, town without helping the people of Thousands of families lost their and brushing teeth. They use it be- Flint, MI, and people in other commu- homes, their belongings, and every- cause they don’t have another choice. nities afflicted by lead poisoning across thing they owned. There were 60,000 Yes, the people of Louisiana have suf- our Nation. It is the height of irrespon- homes damaged by the flood. The Coast fered a great loss, and I want to help sibility, and we are neglecting our duty Guard, National Guard, and local first them rebuild. But we know the people as representatives of the American peo- responders rescued more than 30,000 of Flint have suffered a great loss, and ple. residents, and in the immediate after- I want to help the people of Flint—not It has now been over a year since math, more than 7,000 were living in at some vague point after the election, doctors first reported that the high lev- shelters. not at some uncertain future date. els of lead in children’s blood was What happened in Louisiana is a They need action now. The people of caused by Flint’s water supply. It has major natural disaster. It was the larg- Louisiana need action now, and the been 9 months since health officials re- est to hit our Nation since the devasta- people of Flint need action now. Well, ported that an increase in the cases of tion brought on by Hurricane Sandy. actually, they needed action a year Legionnaires’ disease was connected to We need to act, but we also need to act ago. the city of Flint after it changed its on Flint and other cities affected by We cannot choose between helping source of water, but still, the 100,000 lead poisoning. Louisiana needs our these two American communities. Both residents of Flint are unable to drink help, and Flint needs our help. are suffering, both are in need, and the city’s water, so they are still tied When disaster strikes, we should not both deserve our attention. We cannot to bottled water. weigh our response by whether a com- play election-year politics with peo- Up to 12,000 children living in Flint munity’s representatives here in Con- ple’s lives hanging in the balance. We now have to live with the specter of gress are Democrats or Republicans. must provide in this continuing resolu- what their future might be after being Disaster knows no party. When disaster tion—the opportunity we have before exposed to lead in their water, and we strikes, we should not pay more atten- us at this very moment—aid to help know what lead does to developing tion to helping the rich and influential the citizens of both tragedies. brain cells. It leads to lower IQ scores, than assisting the poor. When disaster I hope that our leadership from the poor performance in school, inatten- strikes, geography should not deter- right of the aisle and our leadership on tion and impulsive behavior, as well as mine one’s worthiness to receive assist- the left of the aisle come together to aggression and hyperactivity. It se- ance. When disaster strikes, race negotiate a compromise that treats the verely damages the prospects of the should play no part in our response, people of Louisiana and the people of children it has poisoned. but when it comes to the failure to act Flint equally. If it doesn’t, I will be This is a tragic story that has out- on Flint, I believe that we in this voting against this continuing resolu- raged our Nation. Yet here we are after Chamber should reflect on the role race tion, and I urge my colleagues to do more than a year, and we still have not has played. the same. taken action. Does anyone here think that it would Thank you, Mr. President. What have we done in this last year take more than a year for Congress to I yield the floor. to help the families of Flint? While we act if this disaster in Flint had befallen The PRESIDING OFFICER. The Sen- have heard speech after speech in this a wealthy White suburb of Dallas or ator from New Jersey.

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.062 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6125 Mr. MENENDEZ. Mr. President, I have not acted on—namely, the lead fering a place to sleep and a home- rise today to talk about one of the crisis confronting not only those in cooked meal to those whose homes most important responsibilities we Flint but those in our schools in New were destroyed in Hurricane Katrina, have, which is the responsibility to Jersey. whether it was hundreds of people who help every community in a time of cri- It took 3 full months for the victims lined up to donate blood in the Orlando sis. of Sandy to get relief. It has taken shooting. In a time of crisis, Americans When Sandy struck back in my home months for this Congress to act against stand together. We don’t dismiss cries State of New Jersey, more than 100 a clear threat of Zika. Here we are, 1 of help as the problems of others. people lost their lives, 8.5 million peo- year after we learned about Flint, and We heard talk of the urgency of pro- ple lost power, and more than 650,000 yet the Republicans in Congress have viding aid to the people of Louisiana in homes were damaged and 40,000 more done what they do best, which is abso- the wake of the flooding, and I agree. were severely damaged or destroyed. lutely nothing. But we cannot let the people of Flint Hundreds of thousands of businesses I have even heard the lame counter- be an afterthought. Now, some say the were forced to close, with a $65 billion argument: ‘‘Well, Flint was a man- majority leader is thinking about re- pricetag in economic loss in 13 States made disaster, not a natural disaster— moving the disaster aid that will help up and down the east coast. Unfortu- so we don’t have an obligation to Louisiana just to prove a political nately, emergency relief languished for help—others.’’ Seriously? We don’t point. Think about it. He would hang weeks as some of my colleagues on the have an obligation as a nation to help out communities to dry because some other side actually debated the value of others? I reject that argument. in his party don’t want to look out for helping others. The Federal Government always has Flint. If the majority leader decides to The junior Senator from Louisiana an obligation to help a community fac- withhold disaster assistance to both wouldn’t vote for Sandy funding being a crisis, whether leading the initial Flint and Louisiana, that would be a cause it wasn’t paid for, but now it response to the BP oil spill, responding cynical stunt that would hurt real peo- seems he has found Jesus and seeks to wildfires, superstorms, tornadoes, ple and, frankly, we are better than funding for flooding in Louisiana—and floods, or manmade disasters such as that. I would say rightfully so. The fact is the failure of the levies in Hurricane We cannot turn what should be a question of the basic health and safety that we can’t have a disaster policy Katrina. We were there as a nation. of our citizens into a political calcula- that says blue States have to pay for The question should not be manmade tion. But, unfortunately, the Repub- disasters, purple States have to par- versus natural disaster. It should be lican continuing resolution doesn’t see tially pay, and no pay is needed for red the relief of human suffering in any it that way. It focuses on corporate States. We shouldn’t be playing poli- event. giveaways at the expense of families, tics with disaster funding. When we do, Last week, one of my colleagues dis- businesses, and communities trying to real people suffer. missed the crisis in Flint as ‘‘other recover from a disaster. While our col- When it came to Sandy, a party that people’s grief.’’ Other people’s grief? leagues are fighting over which com- never had a second thought about giv- That is a pretty stunning statement, munities are more worthy of disaster ing billions of dollars in subsidies to shocking in its blatant disregard in our relief—a calculation I do not under- Big Oil and never saw a tax break for fundamental mission to protect every stand—they are also shamelessly push- millionaires they didn’t like didn’t American. ing policy riders that favor corpora- step up to help families recover from In this Chamber there is no ‘‘other tions over investors, constituents, and one of the most devastating and fero- people’s grief.’’ We are all Americans— the American public at large. They pat cious coastal storms in history. one Nation, one community, indivis- themselves on the back for funding to The decision to turn the responsi- ible—and in the community there is no address flooding in Louisiana while bility of government into a political room to brush off the crisis as ‘‘other quietly working behind closed doors to calculation is not how this Nation re- people’s problems.’’ In the case of shield the pathways of dark money in sponds to disasters. But, unfortunately, Flint, the other people are 100,000 fel- politics. the unthinkable is becoming all too low Americans, the majority of whom Let me take a moment to tell our common. We saw it this summer in a are African Americans. Forty percent constituents what they won’t see in fight over providing Zika funding, live in poverty, and 1 in 10 are unem- their Republican Senators’ press re- which should have been a no-brainer. ployed. The so-called other people are leases. They won’t see any mention of Alarm bells had been ringing for children facing a lifetime of challenges, a policy rider intended to block the Se- months, but instead of being proactive poisoned by a substance that we have curities and Exchange Commission in preparing an adequate and appro- known is toxic for decades. The other from requiring companies to disclose priate response, Republicans chose to people are parents whose hearts are their political spending. poison our efforts with rightwing ideo- heavy with the thought that one of Here is why that is so important. The logical policy riders that prevented us life’s most basic needs—clean water to Supreme Court’s 2010 decision in Citi- from appropriately addressing these drink—is being denied to their chil- zens United fundamentally changed our issues. So thanks to the majority, we dren. The other people are community Nation’s campaign finance laws by did nothing while 20,000 Americans in advocates who have spent the last year opening the floodgates for unlimited Puerto Rico contracted the virus. We knocking on tens of thousands of doors and unchecked corporate spending on did nothing while the virus spread to trying to get the latest information to campaign ads, Federal and State law the mainland, forcing the CDC to take their neighbors about the ongoing advocacy efforts, and many other the virtually unprecedented step of health crisis. The other people were methods of political communication. issuing a travel advisory in the conti- those whose health has been threat- In the 2012 elections, outside groups nental United States—not some third ened by a local government that was spent more than $1 billion, with much world country but one of our Nation’s more concerned about saving a buck of it funneled through trade associa- largest and most vibrant cities, Miami. than protecting their residents’ lives. tions and nonprofits with minimal dis- Yet, even after all of this, once again Now the Federal Government is failing closure. In the 2016 cycle, which I don’t we did nothing. Why? Once again three them as well, by a callus dismissal that need to remind my colleagues is far words come to mind as they have for these are other people’s problems—not from over, outside groups have already the last 8 years, which is Republican ours, as Americans, but theirs—and spent $790 million. For 6 long years political obstructionism. they are on their own. companies have had free rein to solid- Now my friends on the other side That is not the America I know. The ify their influence in politics and maxi- seem to have moved past their state of America I know is one that stands to- mize their impact on elections. With no suspended political animation and gether in times of crisis. We saw it in corresponding requirement to disclose dropped their rigid ideological opposi- the aftermath of a disaster, whether it how this money is being spent, there is tion to the Zika funding. But there are was first responders running into the simply no way to know if corporations still serious issues that have a major burning towers on the morning of Sep- are spending more money to defund So- impact on children’s health that we tember 11, whether it was neighbors of- cial Security or Medicare, dismantle

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.064 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6126 CONGRESSIONAL RECORD — SENATE September 27, 2016 environmental protections, undermine Mr. DONNELLY. Mr. President, August. The recent floods caused seri- education programs, or eviscerate Wall today I voted to move forward with a ous damage to crop production, includ- Street reform, including taking down continuing resolution because I believe ing rice. Many of these crops were near the Consumer Financial Protection Bu- it is a fundamental responsibility of harvest stage. reau. Think about that. Congress to keep the government open. The University of Arkansas esti- The Republican Party is trying to I am deeply frustrated, however, that, mates that the State suffered $50 mil- make it harder for the American people among the policies included in the lion in crop losses due to the recent to know how much money is being amendment, the authors have failed to flooding. This damage has largely poured into the efforts that hurt con- provide funding to address the Flint flown under the radar, and the final sumers. In the past weeks alone, Wells lead crisis or to allow the Export-Im- damages may be more than this pre- Fargo perpetuated a huge scam on port Bank to operate at full capacity. liminary estimate. The Governor of Ar- their customers, costing account hold- As this body continues to work to de- kansas has requested disaster assist- ers millions of dollars and creating velop a plan to keep the government ance from the USDA, and last week the over 2 million fraudulent accounts. It operating, I strongly encourage both Arkansas congressional delegation was the Consumer Financial Protec- the majority leader and my colleagues wrote a letter in support of the Gov- tion Bureau that was instrumental in to address these commonsense prior- ernor’s request. Secretary Vilsack uncovering the scam and levying the ities. committed to me that he would expe- largest fine in history. The PRESIDING OFFICER. The Sen- dite this request as quickly as possible, So here we are just 2 weeks later ator from Arkansas. and I encourage him to do so. sticking in riders to hide dark money NATIONAL RICE MONTH Agriculture accounts for nearly one- from shareholders. That is exactly the Mr. BOOZMAN. Mr. President, fa- quarter of Arkansas’ economic activ- type of dark money that attacks the mously known as the Natural State, ity. One out of every six jobs in Arkan- Consumer Financial Protection Bu- my home State of Arkansas holds the sas is tied to agriculture. Rice produc- reau, and the American people deserve proud distinction as the Nation’s lead- tion is a vital part of agriculture’s con- to know who is funding those attacks. er in rice production. tribution to Arkansas’ economy. I am The significance of this should not be Last year, Arkansas produced more committed to helping our rice pro- understated. Ultimately, this is about than 50 percent of the total rice grown ducers succeed in today’s global econ- silencing the voice of hard-working in the country. On average, farmers in omy. American families in favor of ampli- Arkansas grow rice on 1.5 million acres f fying the speech and magnifying the each year. Ninety-six percent of those MORNING BUSINESS influence of corporations. Unfortu- farms are family owned and operated. nately, it is all too emblematic of my As the No. 1 producer of this crop, Ar- Mr. BOOZMAN. Mr. President, I ask Republicans colleagues’ approach to kansas has a unique role in the indus- unanimous consent that the Senate be lawmaking. When corporations ask Re- try. That is why I am proud to recog- in a period of morning business, with publicans to jump, they say: How high? nize the 26th anniversary of National Senators permitted to speak therein When big banks ask Republicans to roll Rice Month. for up to 10 minutes each. back critical Wall Street reforms, they I am pleased to promote policies that The PRESIDING OFFICER. Without say: How far? When the oil industry enable our farmers to manage risk and objection, it is so ordered. asks Republicans for a tax subsidy, ensure that high-quality U.S. rice re- f they say: How much? It is shameless. mains a staple on tables across the RECENT EVENTS IN ETHIOPIA Clearly, my Republican colleagues are globe. defiantly turning their backs on con- This industry is not only contrib- Mr. LEAHY. Mr. President, I want to sumers. uting to a nutritious and balanced diet, bring the Senate’s attention to the We cannot continue down this ob- it is also an economic engine in rural Ethiopian Government’s brutal crack- structionist path paved with the shat- America. Nationwide, the rice industry down on protestors over the past 9 tered remains of our long-held willing- accounts for 125,000 jobs and contrib- months. According to Human Rights ness to help each other in times of cri- utes more than $34 billion to the U.S. Watch, more than 500 people have been sis. If we continue down this path when economy. In Arkansas, rice contributes killed by Ethiopian security forces in Republicans are in charge, no assist- more than $1.8 billion to our State’s antigovernment demonstrations since ance would be provided if the east economy and provides thousands of November 2015, including over 100 coast suffered another superstorm be- jobs. We can increase both of these gunned down in early August of this cause those are blue States. It would numbers even more if we open addi- year alone. mean that a slow-moving infrastruc- tional markets for our rice producers These protests by the country’s two ture crisis in an inner city would be ig- to compete in. largest ethnic groups, the Oromos and nored as ‘‘other people’s grief.’’ It Rice farmers all across America Amharas, reflect enduring tensions would mean that when Democrats are would benefit from a changing policy brought on by the Ethiopian Govern- in charge, no relief would be provided with Cuba because rice is a staple of ment’s longstanding marginalization for tornadoes in Oklahoma or floods in the Cuban diet. The U.S. Department and persecution of these communities. Kentucky because those are red States. of Agriculture estimates that U.S. rice But such grievances are shared by even That is not what we Democrats would exports could increase by $365 million broader segments of Ethiopian society, do, and it is not, at the end of the day, per year if financing and travel restric- including from other communities that the way to govern. We need to stop di- tions were lifted. Arkansas’ agricul- have been forcibly evicted from their viding our country into us versus them tural secretary has said that the eco- land in the name of development and when it comes to fundamental human nomic impact on the State’s rice indus- the journalists, civil society activists, needs. try could be about $30 million. and countless other political prisoners In this election season, let’s remem- Rice production is efficient. More sitting in Ethiopian jails for speaking ber that, above all, we are all Ameri- rice is being produced on less land, out against the government’s repres- cans with common votes and shared using less water and energy than 20 sive rule. values. Let’s focus on doing right by years ago. As great stewards of the The international community, in- the American people, rather than tell- land, rice farmers are committed to cluding the United States, has paid too ing them we can solve all of our prob- protecting and preserving our natural little attention to the Ethiopian Gov- lems if we just turn the clock back to resources. I am proud to celebrate 26 ernment’s repressive policies, focusing a better time and blame someone else— years of National Rice Month and instead on the country’s rapid develop- those people, the others—for our prob- honor the more than 100,000 Americans ment gains and the government’s co- lems. That is not good politics, it is involved in the rice industry. operation on regional security. But it not good government, and it is not who Additionally, I wish to make a com- is time for the Ethiopian Government we are as a nation or as a people. ment about the devastating floods that to acknowledge that grievances stem- I yield the floor. northeastern Arkansas experienced in ming from marginalization, abuse, and

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.065 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6127 exclusive governance cannot be effec- a former army general, to power, the After graduating, Aya moved to tively addressed through the provision United States and Egypt are struggling Cairo where she met Mohammed of basic services alone. to preserve a long history of security Hassanein, whom she married, and The United States should set an ex- cooperation. who, like Aya, wanted to be involved in ample by redefining its relationship That cooperation is important to the social work. Together they founded with Ethiopia, starting with the rec- Middle East region as a whole, but Belady, which means ‘‘our country,’’ ognition of this reality. In too many U.S.-Egypt relations face increasing and which Aya and the members of her developing countries, legitimate con- challenges as President al-Sisi tightens organization call ‘‘an island of human- cerns about unaccountable governance his grip on power by persecuting polit- ity.’’ That same year, Aya was accept- are given short shrift as aspirational ical opponents, silencing members of ed to study at the American University and inconvenient tradeoffs for positive the media, including deporting Amer- in Cairo, a prestigious institution that relations with host governments. But ican and other foreign journalists who receives funding from the U.S. Govern- the quiet diplomacy of the past—back- criticize his policies and imprisoning ment, focusing on social work and chil- room condemnation and public praise— representatives of civil society. dren’s welfare, but she and her husband has proven unable to ensure the sus- The brutal torture and killing of were arrested before she began her tainability of U.S. investments by fail- Giulio Regeni, an Italian student and studies. ing to protect and promote stability, journalist who many believe was an in- The charges against them are as sala- let alone encourage meaningful reform nocent victim of the Egyptian police, cious as they are farcical: sexually by the Ethiopian Government. occurred only 4 months after the Egyp- abusing children and paying them to It is precisely because Ethiopia is a tian army attacked a convoy of tour- participate in antigovernment dem- strategic partner of the U.S. that we ists in September 2015, killing 12 and onstrations. Since then, Aya, her hus- should encourage remedies to the un- injuring 10, including an American who band, and the five Belady volunteers derlying tensions in the country. That continues to suffer from her injuries have been in prison. After more than 2 does not mean we walk away from our for which she has received no com- years, the government has yet to dis- partnership, but we should examine the pensation. close a shred of evidence to support the Just last week, a court in Cairo froze type of assistance we provide to the allegations, and Aya, her husband, and the assets of some of Egypt’s most Ethiopian Government to ensure it the other defendants are still awaiting prominent human rights defenders in aligns with shared interests and activi- a fair, public trial and a chance to de- an attempt to silence them and put ties that contribute to government ca- fend themselves. their organizations out of business. pacity in a manner that addresses local Aya Hijazi’s case fits a pattern. We The State Department responded by concerns. have seen it time and again, not only urging the Egyptian Government to This is not without its challenges, in Egypt, but in other repressive soci- ease restrictions on association and ex- and the only government that has the eties where governments are unac- pression. countable and abuse the judicial proc- ability to successfully reform Ethiopia These and other incidents have cast a is its own. Prime Minister dark cloud over efforts to find a com- ess to silence dissent and intimidate Hailemariam Desalegn and the rest of mon way forward with the al-Sisi gov- those who are perceived, rightly or the Ethiopian leadership should begin ernment. wrongly, to be engaged in activities by reassessing its crowd control tactics In May 2015, after repeated appeals that may reflect poorly on the authori- and ensuring accountability for those by me, Secretary of State Kerry, and ties. who have committed abuses. I support others, the Egyptian Government fi- We all want relations with Egypt to the call by the Office of the UN High nally released Mohammed Soltan, a improve, just as we want the Egyptian Commissioner for Human Rights for an young Egyptian-American who was im- people to enjoy the rights and opportu- independent, transparent, thorough, prisoned, along with his father, for nities they deserve. With ISIS and and effective investigation into viola- nearly 2 years. His crime, if one can other extremist groups infiltrating tions of human rights committed dur- call it that, was taking part in a public throughout the Middle East and being the unrest, and if the Ethiopian protest. In return for his release, he yond, impoverished Egyptian youths, Government is interested in dem- was forced to give up his Egyptian citi- who have few educational and profes- onstrating its legitimacy, it would wel- zenship, a Hobson’s choice that no cit- sional options, are particularly vulner- come such an inquiry. izen of any country should have to able to ISIS recruitment. I look forward to working with other make. But the more governments curtail Members of Congress, the Obama ad- In the meantime, on May 1, 2014, the the rights and ability of people with ministration, and their successors to government arrested Aya Hijazi, 29 grievances to express themselves and determine how best we can ensure that years old and also an Egyptian-Amer- to seek redress through peaceful the assistance U.S. taxpayers provide ican, whose husband, an Egyptian cit- means, the more likely it is that they to Ethiopia serves our long-term inter- izen, was also arrested, along with will resort to violence. This is not a ests in the region. Sherif Talaat Mohammed, Amira new concept. Anyone who has read the f Farag, and eventually Ibrahim Abd Declaration of Independence under- Rabbo, Karim Magdi, and Mohammed stands it. It is what ultimately brought IMPRISONMENT OF AYA HIJAZI al-Sayyed Mohammed, for operating a about the downfall of President Muba- Mr. LEAHY. Mr. President, I want to nonprofit organization called the rak. speak about a matter in Egypt, a long- Belady Foundation, which is dedicated The Egyptian Government has im- time ally of the United States, a coun- to helping abandoned and homeless prisoned Aya without trial for more try with a rich history and culture, but children. than 850 days. That alone is inexcus- whose people have suffered for years Backing up for a moment, Aya’s able and a violation of Egyptian law, due to corrupt, repressive governments mother and father came to the United which holds that no one can be sub- and an anemic economy that stagnates States to pursue master’s degrees and jected to pretrial detention for more under excessive statist control. This is because Aya’s grandmother, who lived than 2 years without being released the situation despite more than $75 bil- in Virginia, wanted her family nearby. with or without bail. On February 3, lion in U.S. economic and military aid Three of Aya’s uncles, an aunt, and 2016, the Egyptian Initiative for Per- for Egypt over the past 50 years. their families live in Houston and are sonal Rights published a petition Today, more than 5 years after public all American citizens. Aya grew up signed by 25 Egyptian human rights or- protests led to the resignation of Presi- here, went to middle school and high ganizations against the detention of dent Mubarak, followed by the election school in Virginia, and graduated from the Belady founders and volunteers. On of the Muslim Brotherhood, the mili- George Mason University. At George May 20, 2016, the Robert F. Kennedy tary-supported coup that forcibly re- Mason, she was a volunteer for Search Human Rights organization submitted moved and imprisoned President Morsi for Common Ground, a respected Aya’s case to the UN Working Group and thousands of his followers, and the peacebuilding organization based in on Arbitrary Detention, seeking her reelection that brought President al-Sisi, Washington. lease. On May 21, Aya’s trial date was

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.041 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6128 CONGRESSIONAL RECORD — SENATE September 27, 2016 postponed, yet again, to November 19, been prevented from working in Egypt in the vicious cycle of addiction. To 2016. Last week, White House officials on behalf of the Egyptian people. the contrary, if President Duterte is called for her release. f serious about improving conditions in Aya has suffered emotionally and the Philippines, he should be focusing RECENT DEVELOPMENTS IN THE physically. She is often prohibited on improving services for Filipinos, not PHILIPPINES AND INDONESIA from writing to or receiving cor- casting them aside; holding law en- respondence from her family, and her Mr. LEAHY. Mr. President, according forcement accountable, not giving reputation and that of the other de- to recent reports, more than 3,000 peo- them a blanket license to kill suspects; fendants, as well as her organization, ple have been killed in the Philippines and strengthening the judiciary, not has been tarnished by unproven allega- in the 12 weeks since President Duterte undercutting it. tions. She and the others should be im- announced his campaign to wipe out il- In a troubling sign that these con- mediately released. Absent proof, made licit drug use. cerns are falling on deaf ears, President available for all to see, that they have More than 1,000 of those deaths were Duterte’s most vocal opponent of his committed a punishable offense, the at the hands of the Philippine National antidrug policies, whom President charges should be dismissed. Police during counternarcotic oper- Duterte has publicly accused of being Egypt was among the 48 countries ations, compared to 68 such killings involved in drug trafficking and at- that voted for the Universal Declara- this year in the months prior to Presi- tempting to smear him, was recently tion of Human Rights on December 10, dent Duterte taking office, half of removed from her position as the head 1948. That is a vote to be proud of, but which happened in the period between of the senate human rights panel inves- the al-Sisi government’s persecution of his election and inauguration. The rest tigating the killings. She was replaced Aya Hijazi and others who have been were killed apart from police oper- by a senator who supports giving the subjected to lengthy imprisonment ations, incited by President Duterte’s police the authority to arrest anyone without trial or whose only offense is violent rhetoric, which has been well without a warrant. to criticize government corruption and documented. The vast majority of I know that as ranking member of abuse or to participate in nonviolent these individuals were low-level drug the Foreign Relations Committee, Sen- social activism makes a mockery of users, victims of a government seeking ator CARDIN also has concerns with the Egypt’s vote. to make up for years of ineffective, situation in the Philippines, and I yield The Universal Declaration, among corrupt law enforcement and rampant to him for any remarks he may wish to other rights, includes the following: ar- crime by terrorizing the population make. ticle 9, No one shall be subjected to ar- into submission. Mr. CARDIN. I thank my friend from bitrary arrest, detention, or exile; arti- As the ranking member or chairman Vermont for his raising this important cle 10, Everyone is entitled in full for more than 25 years of the Senate issue and appreciate the opportunity to equality to a fair and public hearing by Appropriations subcommittee that join him today. an independent and impartial tribunal, funds U.S. foreign assistance programs, The relationship between the United in determination of his rights and obli- I have been frustrated that we often States and the Philippines is tremen- gations and of any criminal charge fail to learn obvious lessons when it dously important for both our nations against him; article 11(1), Everyone comes to foreign assistance invest- and both of our people; yet I fear that charged with a penal offense has the ments. One example is that economic today, because of the way in which the right to be presumed innocent until opportunity and security alone cannot new government of President Duterte proven guilty according to law in a assure stability. Stability requires le- is approaching this issue, we may find public trial at which he has had all the gitimate governance and the protec- ourselves at something of a crossroads. guarantees necessary for his defense; tion of human rights. This is not just If the current trends continue, we article 19, Everyone has the right to an aspiration; it is a practical, stra- can expect that over 6,000 people will freedom of opinion and expression; this tegic imperative. be dead as a result of extrajudicial right includes freedom to hold opinions As a former prosecutor and now killings in the Philippines by the end without interference and to seek, re- ranking member of the Judiciary Com- of this year—6,000 people. This is not a ceive and impart information and ideas mittee, I know the difference between situation in which there is occasional through any media and regardless of those who need help versus those who error or the overzealous application of frontiers; and article 20, Everyone has deserve to be punished. I also know, as force. This is systematic, widespread, the right to freedom of peaceful assem- do most people, that, when govern- brutal, and beyond the bounds for a bly and association. ments condone extrajudicial killings constitutional democracy. Each of these articles has been vio- and forced disappearances and prey on And as my colleague from Vermont lated in Aya Hijazi’s case. vulnerable populations, they are sow- pointed out, these dead are not just On January 20, 2017, the next Presi- ing the seeds of instability, not pre- drug dealers—although that would be dent of the United States will take the venting it. troubling enough given the lack of due oath of office. That is 116 days from For roughly 700,000 Filipino drug process—but also include addicts, who today. The next President will imme- users, the prospect of being summarily need help, as well as innocent bystand- diately face every imaginable chal- executed on the street has led them to ers. lenge, foreign and domestic, including turn themselves into the authorities. I understand President Duterte’s de- the instability and violence in the Mid- That would seem to be a good thing. sire to stop the devastation caused by dle East and North Africa. But given the shortage of drug treat- illegal narcotics. I believe that most of I therefore urge the Government of ment centers, these individuals are ei- my colleagues do. We, too, have seen Egypt, in the remaining months of the ther told to pledge that they will re- what drug trafficking and addiction Obama administration, and in par- main drug free and sent home to re- can do in our communities. We also ticular President al-Sisi, who also has cover on their own, or they are impris- have a long history of both successful a daughter named Aya and who I be- oned in overcrowded, inhumane condi- and unsuccessful efforts to combat nar- lieve, if he examined this case, would tions. By failing to address the needs of cotics, but we have learned that there agree that Aya Hijazi does not belong those who have risked coming forward, is a right way to approach this issue— in prison, to recognize this opportunity President Duterte is missing an oppor- with law enforcement, due process and and take steps to enable our next tunity to combat the drug trade in one rule of law, with treatment—and a President to immediately engage with of the most sustainable ways possible: wrong way. President Duterte, in advo- Egypt in a manner that brings our by helping hundreds of thousands of cating and endorsing what amounts to countries closer together, not farther people get the help they want to beat mass murder, has chosen the wrong apart. A key step would be the satisfac- their addiction. way. Senator LEAHY is absolutely right tory resolution of the cases of Aya No amount of killing will result in when he said that a lack of respect for Hijazi, her husband, and the Belady reforms that improve the judiciary, rule of law and democratic governance volunteers and of United States non- end corruption and impunity in law en- breeds instability, distrust, and some- governmental organizations that have forcement, or rehabilitate those caught times violence.

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.042 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6129 Filipino police have attributed most ippines, of the importance of democ- interest in this issue. I look forward to of the killings to suspects who ‘‘re- racy, of rule of law, of due process, of working with him to respond to the sisted arrest and shot at police offi- the proper application of justice, and of challenges President Duterte’s policies cers.’’ Yet it has been impossible to as- constitutional order. It is because pose to our relations with his govern- sess police claims that the killings these extrajudicial killings shake the ment, as we seek to continue our stra- were all lawful, since President very foundation of that shared vision tegic cooperation with the Philippines. Duterte has rejected calls to inves- of shared values that I find these devel- Mr. President, on a separate but re- tigate these deaths. He has instead de- opments so deeply troubling. lated matter, we are seeing another clared the killings as proof of the ‘‘suc- So I would also ask my colleague his missed opportunity to reform the cess’’ of his antidrug campaign and, opinion, as the author of the ‘‘Leahy criminal justice system in Indonesia. along with other more forceful and Law,’’ whether he thinks that the ap- President Joko Widodo took office in ‘‘colorful’’ statements which appear to plication of ordinary U.S. policy and 2014 amid the hopes of many that he endorse vigilante killings, urged police law, and the Leahy Law in particular, would improve on the country’s history to ‘‘seize the momentum.’’ Human is sufficient to meet the challenges of human rights abuses. Instead, he re- rights groups, the United Nations, the that we see in the Philippines. Given instated the death penalty for drug U.S. Government, and a Philippine the nature of these extrajudicial trafficking, and the head of his govern- Senate panel have expressed concerns killings, how would unit-level vetting ment’s antinarcotics agency recently about the killings, which allegedly apply? And if the United States is un- expressed his approval of President have been carried out without legal able to use the normal tools available, Duterte’s approach to combating illicit proceedings as provided for under Phil- what are the other options that we drugs. To the contrary, it is a serious ippine law and international obliga- might need to consider? mistake, and I urge President Joko to tions. Mr. LEAHY. I share the Senator’s reverse course and focus on improving As the distinguished gentleman from views about the importance of the his police force and judicial system. Vermont knows, I have been a strong U.S.-Philippines alliance and his con- Any government that uses capital supporter of the Philippines’ law en- cerns with the implications of Presi- punishment risks taking innocent life. forcement institutions, including re- dent Duterte’s antidrug policies for But it is a particularly egregious prac- cently introducing legislation which that alliance. I wrote the Leahy Law, tice in a country like Indonesia, where would increase law enforcement co- which applies worldwide, to ensure executions are peddled as effective jus- operation between our two countries. that the U.S. is not complicit in human tice despite a weak judicial system But these recent reports of thousands rights violations committed by forces that is vulnerable to abuse, and to the of extrajudicial killings, as well as de- that might receive U.S. assistance and detriment of its reform—nor is tor- tentions and a lack of respect for inter- to encourage foreign governments to turing and burying those suspected of national human rights commitments, hold accountable perpetrators of such involvement in the drug trade effective are profoundly troubling. They under- abuses. While there are ways we can law enforcement. It is an abuse of mine our mutual goals of upholding find out which units were involved in power, it prevents remedies to deeply liberal democratic values in the region these abuses, if President Duterte’s flawed practices within the security and to strengthening international government is unwilling to work with forces, and it belies the legitimacy of law. us, including by refusing to investigate the government. Indeed, as the Senator from Vermont allegations of abuses, then we are faced We have a complex relationship with knows, just this past week, President with a broader issue that cannot be both Indonesia and the Philippines due Duterte said that he intends to recon- remedied simply by withholding assist- to our own history in the region. How- stitute the constabulary, the most abu- ance from specific units or individuals. ever, we also share many interests. I sive parapolice under the Marcos re- The Leahy Law should be used to en- have supported assistance for both gime. For any historian of human courage reform and accountability, but countries, but I have also supported rights abuses in the Philippines, this is to address these systemic challenges, it conditions on U.S. assistance related to a deeply troubling development. may be necessary to consider further progress on human rights and reform of I would ask my friend and colleague conditions on assistance to the Duterte the judiciary, police, and armed forces. if he shares my concerns with the di- government to ensure that U.S. tax- Unfortunately, I fear that the progress rection that the Philippines appears to payer funds are property spent and that has been made is now at risk of be going and the implications for the until that government demonstrates a being eroded. US-Filipino relationship. commitment to the rule of law. I have Often, we are presented with the false Mr. LEAHY. Yes, like the Senator asked the State Department to discuss choice of supporting human rights or from Maryland, I am deeply concerned this with us to help inform our delib- national security. I see no such dichot- with these events, and I believe that, if erations on current assistance for the omy here. Consider the impact of our the extrajudicial killings and state- Philippines and on decisions we will complicity in these governments’ ac- sanctioned violence continue and there make for appropriations in fiscal year tions, both on our own legacy and on is no accountability for the abuses that 2017. the efforts we are undertaking to help have been committed, there will need Mr. CARDIN. I thank my colleague improve security and stability in the to be an appropriate response by the for his thoughtful response. I, too, am region. The Philippines and Indonesia U.S. Government. greatly concerned that, unless we are cannot combat extremism or profess to Mr. CARDIN. Indeed, as we celebrate able to see a more constructive ap- govern legitimately by murdering in- the 70th anniversary of diplomatic re- proach on these issues from the govern- nocent and nonviolent people, by cre- lations between our two countries, we ment of President Duterte—an ap- ating a culture of lawlessness and im- should underscore that our alliance is proach that is just as serious about punity. needed now more than ever. With a combatting the scourge of narcotics, The United States is far from perfect. more assertive China in the maritime but approaches the issue in a legal We have not done as well as we should domain, a changing global economic framework—that we may need to con- in addressing the illicit drug problem landscape, and an increase of sider taking these steps. This is an im- in our own country. Many Americans transnational challenges confronting portant relationship. I have many Fili- need and want treatment and cannot the region, the U.S.-Philippines alli- pino-American citizens in Maryland, get it. But we should not support those ance is critical to both our nations. and I care deeply about strengthening who make a practice of using excessive But this alliance is about more than the US-Philippines Alliance, especially force or the death penalty, rather than just interests narrowly construed. The given the challenges that the regional protecting the rights of due process relationship between our nations is order faces from a rising China, but and fair trials. more than an alliance. It is a genuine this issue is critical as well. I ask unanimous consent that two ar- friendship. This is a deep relationship Mr. LEAHY. I thank my friend from ticles on this subject, both published in built on shared values and a deep ap- Maryland for his leadership on the For- the New York Times last month, be preciation, both here and in the Phil- eign Relations Committee and for his printed in the RECORD.

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.045 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6130 CONGRESSIONAL RECORD — SENATE September 27, 2016 There being no objection, the mate- Also executed in April was Rodrigo Province with their three children, said in an rial was ordered to be printed in the Gularte, 42, a Brazilian convicted of drug interview. A spokesman for Mr. Joko, Johan Budi, de- RECORD, as follows: smuggling who had repeatedly been given a diagnosis of schizophrenia and bipolar dis- nied that the judicial system was dysfunc- [From the New York Times, Aug. 13, 2016] order. Indonesian law forbids the execution tional, saying the executions had followed INDONESIA’S PUSH TO EXECUTE DRUG CON- of mentally ill convicts. legal procedures. VICTS UNDERLINES FLAWS IN JUSTICE SYS- Dave McRae, a senior research fellow at Mr. Ali, along with Mr. Singh and several TEM the Asia Institute at the University of Mel- of the other convicts who were given re- (By Joe Cochrane) bourne in Australia who has researched the prieves, is still in prison on Nusakambangan JAKARTA, INDONESIA.—Sixteen years ago, use of capital punishment in Indonesia, said Island, where Indonesia conducts executions. Zulfiqar Ali left his native Pakistan for In- that the deficiencies in the justice system Ms. Siti said she and her husband’s family in donesia in search of a new life. Last month, here could be found in most countries that Pakistan were in a torturous state of limbo. that life was on the verge of ending in front still used the death penalty. ‘‘We’re just confused because there is no certainty about my husband’s fate,’’ she of a firing squad. ‘‘A lot of the objections to Indonesia’s use Mr. Ali has been on Indonesia’s death row of the death penalty—inconsistent and arbi- said. M. Rum, a spokesman for the attorney since 2005, after he was convicted of heroin trary sentencing and application of the general’s office, declined to explain why Mr. trafficking. A government-ordered inquiry death penalty, allegations of corruption and Ali and the other convicts had been given re- later found that he was probably innocent. wrongful convictions, questions over access prieves, saying only that it was ‘‘for judicial Still, in July, he was one of 14 convicts, most to lawyers and interpreters and adequacy of and nonjudicial reasons.’’ But he said the of them foreigners, who were taken to the representation—are questions that are raised executions would eventually be carried out. prison island of Nusakambangan off Java’s all over the world,’’ he said. Such concerns have been raised about the southern coast to be put to death. [From the New York Times, Aug. 2, 2016] Minutes before they were to be executed, cases against some of the convicts spared BODY COUNT RISES AS PHILIPPINE PRESIDENT on July 29, Mr. Ali and nine other convicts last month—and some who were executed, WAGES WAR ON DRUGS were given a reprieve, for reasons the gov- including the Nigerian, Humphrey Jefferson ernment has yet to explain. But four were Ejike Eleweke. (By Jason Gutierrez) Mr. Eleweke was arrested in 2003 after the shot dead as scheduled, including a Nigerian MANILA.—Since Rodrigo Duterte became police found heroin at a restaurant he ran in who supporters say was framed. And Mr. Ali, president of the Philippines just over a Jakarta, the capital; he said an employee like the rest who were spared, remains con- month ago, promising to get tough on crime had planted it. His lawyers say that the po- demned. by having the police and the military kill lice beat him until he confessed. drug suspects, 420 people have been killed in More than a year after Indonesia drew They also say that by law, an 11th-hour ap- the campaign, according to tallies of police international censure by putting to death 12 peal for clemency issued to Mr. Joko should reports by the local news media. foreigners convicted of drug crimes, the have automatically halted his execution. country has resumed a war on narcotics by Most were killed in confrontations with Last week, legal activists filed a complaint the police, while 154 were killed by unidenti- way of executions—and has again put a spot- with a judicial watchdog against Indonesia’s light on its profoundly flawed justice sys- fied vigilantes. This has prompted 114,833 attorney general, saying that Mr. Eleweke’s people to turn themselves in, as either drug tem. execution and those of two others should Critics in Indonesia and abroad say those addicts or dealers, since Mr. Duterte took of- have been stopped because of those appeals, fice, according to national police logs. flaws go so deep that the country should not according to local news reports. employ the death penalty at all. Researchers Addressing Congress last week in his first ‘‘We cannot have the death penalty here State of the Nation address, Mr. Duterte re- have found that many condemned convicts because of the judicial system—it’s problem- were tortured by the police into confessing, iterated his take-no-prisoners approach, or- atic, it’s dysfunctional,’’ said Ricky dering the police to ‘‘triple’’ their efforts did not receive access to lawyers or were Gunawan, director of the Community Legal otherwise denied fair trials. against crime. Aid Institute, a nongovernmental organiza- ‘‘We will not stop until the last drug lord, The resumption of executions means ‘‘that tion that represented Mr. Eleweke. the government has ignored that there is the last financier and the last pusher have Another allegation of corruption emerged surrendered or been put behind bars or below something seriously wrong with our judici- just before the executions last month, when the ground, if they so wish,’’ he said. ary and law enforcers,’’ said Robertus Robet, one of the men put to death, an Indonesian But human rights groups, Roman Catholic a lecturer and researcher at the State Uni- named Freddy Budiman, was quoted as say- activists and the families of many of those versity of Jakarta’s sociology department. ing that he had paid senior law enforcement killed during the crackdown say that the He characterized the government as ‘‘trig- officials more than $40 million to let his drug vast majority were poor Filipinos, many of ger-happy.’’ smuggling operation continue before he was whom had nothing to do with the drug trade. ‘‘When you execute someone, you execute arrested. They were not accorded an accusation and a the possibility of finding out the truth,’’ he That accusation was included in a report trial, but were simply shot down in the said. released by a rights activist, Haris Azhar, streets, the critics say. Amnesty International has denounced ‘‘the who had interviewed Mr. Budiman in prison; ‘‘These are not the wealthy and powerful manifestly flawed administration of justice shortly thereafter, the police, the military drug lords who actually have meaningful in Indonesia that resulted in flagrant human and Indonesia’s anti-narcotics board, all of control over supply of drugs on the streets in rights violations.’’ Similar concerns have which were implicated in the report, filed a the Philippines,’’ said Phelim Kine, a deputy been raised by the United Nations and the criminal defamation complaint against Mr. director of Human Rights Watch in Asia. European Union, which sent a delegation to Azhar. On Thursday, Mr. Joko ordered those Critics of the president’s campaign have try to persuade Indonesia to spare inmates agencies to investigate the corruption alle- rallied around the case of Michael Siaron, a who were condemned to die last year. gations. 29-year-old rickshaw driver in Manila, who Indonesia has long had the death penalty, The case of Mr. Ali, the Pakistani who was was shot one night by unidentified gunmen but its use was sporadic in the years before spared execution, has also raised concerns. as he pedaled his vehicle in search of a pas- President Joko Widodo took office in Octo- Mr. Ali, who immigrated to Indonesia in senger. When his wife rushed to the scene, a ber 2014. Declaring drug abuse a ‘‘national 2000, was accused of drug dealing in 2004 by a photographer took a picture of her cradling emergency,’’ Mr. Joko denied clemency ap- friend, Gurdip Singh, who had been caught his body in the street, and the photograph peals from 64 death row inmates who had with heroin; Mr. Singh later said the police quickly gained wide attention. been convicted of drug crimes, most of them had pressured him and offered a reduced sen- Scribbled in block letters on a cardboard foreigners, and the government set a goal of tence to name accomplices. Mr. Al’s lawyers sign left near his body was the word ‘‘push- executing all of them by the end of 2015. say their client was arrested without a war- er.’’ His family members insist that he was That did not happen, but five drug convicts rant at his home, where no drugs were found, not involved in the drug trade, though they were put to death in January of that year, and signed a confession after being beaten so said he sometimes used meth. and eight more in April. (An Indonesian was badly in custody that he needed two oper- Indirectly acknowledging criticism that also executed for murder in January.) ations. his policies trample over the standard judi- Among the convicts executed in April, seven Though Mr. Ali retracted his confession cial process, Mr. Duterte said that human of whom were foreigners, were Andrew Chan, and Mr. Singh withdrew his accusation, both rights ‘‘cannot be used as a shield to destroy 31, and Myuran Sukumaran, 34, Australians men were sentenced to death in 2005. But the the country.’’ who were arrested in 2005 trying to smuggle severity of Mr. Ali’s beating drew attention He has called for drug users and sellers to heroin out of Bali, the resort island. to the case, and the government ordered an turn themselves in or risk being hunted The men admitted their guilt, but their unusual inquiry, which concluded that he down, a threat backed up by the bodies pil- lawyers said the judge in the case was cor- was likely to be innocent. ing up near daily on the streets of Philippine rupt, having offered a lesser sentence in ex- The government never acted on those find- cities. change for a bribe. Indonesia rejected ap- ings, and Mr. Ali and Mr. Singh were among The approach appears to be driving down peals by the Australian government to spare those who nearly faced a firing squad. crime: The police say that they have ar- them, and Australia withdrew its ambas- ‘‘He was never involved in drugs,’’ Mr. Ali’s rested more than 2,700 people on charges re- sador in protest. wife, Siti Rohani, who lives in West Java lated to using or selling illegal drugs, and

VerDate Sep 11 2014 05:33 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A27SE6.040 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6131 that crime nationwide has fallen 13 percent street, burst through police lines and col- Marcelle, owes our love of the sport, di- since the election, to 46,600 reported crimes lapsed next to him on the asphalt. The pho- rectly or indirectly, to Johnny. He got in June, from 52,950 in May. tographer snapped the picture: a distraught us started. He convinced us to not be Mr. Duterte’s crackdown has been hugely woman cradling her lifeless husband under a deterred by up hills or down hills or popular. Filipinos, pummeled by years of streetlight, a Pieta` of the Manila slums. violent crime and corrupt, ineffective law The police have not commented publicly subfreezing temperatures and to get enforcement, handed him an overwhelming about the case and have not accused Mr. outside and enjoy a sport that requires victory in the May presidential election, and Siaron of selling drugs. nothing more than a pair of narrow have largely embraced his approach. ‘‘My husband was a simple man,’’ Ms. skis and poles, a bit of wax, and a love A national opinion poll conducted after his Olayres said at his wake several days later. of using your own power to glide si- election and just before he took office found ‘‘He may have used drugs, but he was not lently over the snow. that 84 percent of Filipinos had ‘‘much violent and never bothered anyone. His only Johnny has a way with words, and trust’’ in him. concern was looking for passengers so we can the Rutland Herald article captures a The model for Mr. Duterte’s policies is eat three meals a day.’’ Davao City, where he was mayor for most of During his speech to Congress, Mr. Duterte bit of it. He is dry wit who doesn’t suf- the past 20 years. Draconian laws there, in- dismissed the photo, which had appeared on fer fools easily, a fiercely loyal cluding a strict curfew and a smoking ban as the front page of The Philippine Daily In- Vermonter who I think it is fair to as- well as a zero-tolerance approach to drug quirer the previous day under the banner sume finds a lot to like in the words of users and sellers, have been credited with headline ‘‘Thou shall not kill.’’ Robert Frost, whose poem ‘‘New Hamp- turning the city into an oasis of safety in a ‘‘There you are sprawled on the ground, shire,’’ a long poem that compares the region plagued by violence. and you are portrayed in a broadsheet like The dark side of that approach was that people, geography, and traditions of Mother Mary cradling the dead cadaver of various States, ends with these lines: more than 1,000 people were killed by govern- Jesus Christ,’’ he said. ‘‘That’s just drama.’’ ment-sanctioned death squads during his ad- But if the antidrug campaign has targeted ‘‘Well, if I have to choose one or the other, ministration, according to several inde- people on the margins of society, Mr. Siaron I choose to be a plain New Hampshire farmer pendent investigations. is an apt symbol. With an income in cash of, say, a thousand Mr. Duterte has denied having direct ‘‘We’re small people, insignificant,’’ Ms. (From, say, a publisher in New York City). knowledge of death squads, but he has long Olayres said through sobs as she stood next It’s restful to arrive at a decision, called for addressing crime by killing sus- to her husband’s coffin. ‘‘We may be invisible And restful just to think about New Hamp- pects, whom he calls criminals and has re- to you, but we are real. Please stop the shire. ferred to as ‘‘a legitimate target of assas- killings.’’ At present I am living in Vermont.’’ sination.’’ f There is a lot more I could say about He has repeatedly said that those hooked John Caldwell, who besides coaching on meth, the most popular drug here, were TRIBUTE TO JOHN HOMER and writing about skiing, among other beyond saving or rehabilitation. CALDWELL He ran for president largely on the pledge things taught mathematics for 35 year of applying the same policies nationwide, Mr. LEAHY. Mr. President, I want to at the Putney School, has been a long- promising to kill 100,000 criminals in his first briefly call the Senate’s attention to a time gardener and wood splitter and six months in office. While the number may Vermonter who, more than any other for years was a tireless maker of maple have been typical Duterte bravado, the individual, has been responsible for the syrup. threat of mass killing appears to have been sport of cross-country skiing becoming But most important are his personal real. On Tuesday, the International Drug Policy a winter pastime and passion for count- qualities: a devoted husband to his Consortium, a network of nongovernmental less Americans of all ages. I count my- wife, Hester, affectionately known to organizations, issued a letter urging the self and my wife, Marcelle, among everyone as ‘‘Hep,’’ who he first met at United Nations drug control agencies ‘‘to de- them. the Putney School 75 years ago; a role mand an end to the atrocities currently tak- There have been many articles writ- model for his children and grand- ing place in the Philippines’’ and to state un- ten about former Olympic combined children in good times and sad times; equivocally that extrajudicial killings ‘‘do skier John Caldwell of Putney, VT, an inspiration to everyone who puts on not constitute acceptable drug control meas- who in 1964 wrote the how-to guide to boots and skis and propels themselves ures.’’ Ramon Casiple, a political analyst at the cross-country skiing, and about his forward in all kinds of weather; and an Institute for Political and Electoral Reform, sons and daughter and granddaughter octogenarian who will be out on skis said that he shared those concerns but that Sophie and grandson Patrick, each of for years to come, even if it is just to it was too early to decide whether Mr. them outstanding cross-country skiers cheer on others a fraction his age, who Duterte’s approach is effective. ‘‘Let’s give in their own right, two of whom, son has contributed in exceptional and him his 100 days,’’ Mr. Casiple said. Tim and Sophie, have represented the lasting ways to the sport of skiing, to Mr. Duterte has recently raised his sights United States at the winter Olympics. the Putney community, to Vermont, beyond street-level users and dealers, accus- and to this country. ing five police generals of protecting drug Chances are they are not going to be lords, though he presented no specific evi- the last Vermonters with the Caldwell There being no objection, the mate- dence. name to do so. rial was ordered to be printed in the He also publicly accused a mayor, the may- I will not repeat what those articles RECORD, as follows: or’s son and a prominent businessman of have said, but I ask unanimous consent [From the Rutland Herald, Feb. 23, 2014] drug trafficking, threatening their lives if that one of them, published in the Rut- VT. SKI PIONEER SUSTAINS OLYMPIC SPIRIT they did not surrender. land Herald on February 23, 2014, enti- (By Kevin O’Connor) But the people killed on the street tend to tled ‘‘Vt. ski pioneer sustains Olympic be more like Mr. Siaron, the rickshaw driver. John Caldwell, the Vermonter who lit- Mr. Siaron lived with his wife in a shack spirit,’’ be printed in the RECORD at the erally wrote the book on cross-country ski- above a garbage-strewn creek. Having never end of my remarks. It gives you a pret- ing 50 years ago—his trailblazing 1964 how-to finished high school, he survived on odd jobs ty good idea of the 87-year-old guide reaped the Boston Globe rave ‘‘the like house painting and working in fast-food Vermonter I am talking about. bible of the sport’’—stopped writing updated restaurants. John Caldwell, known to his many editions after the eighth a quarter-century Lately he had been pedaling a rickshaw, friends as Johnny, is a pioneer and leg- ago. Now 85, he’s entitled to sleep in. But the man considered the father of U.S. earning about $2 a day ferrying passengers end in every sense of the words. After through the warren of alleyways in a run- Nordic is also the grandfather of 2014 Olym- down part of metropolitan Manila. the 1952 Olympics, he embarked on a pian Sophie Caldwell, 23, of the Green Moun- On the night he died, he had stopped by his lifelong campaign to teach and coach tain town of Peru. That’s why he has risen father’s fruit stand to ask for an apple. others to enjoy the sport of cross-coun- the past two weeks before dawn to watch the Then he told his father he would seek one try skiing as he did, whether as a sim- third generation of his family compete in the more fare before heading home. As he rode ple way to get out in wintertime and Winter Games. off, gunmen on motorcycles sped by, pump- experience the snow-filled woods and ‘‘Despite what the governor says, and he’s ing several bullets into him. fields of Vermont or to ski competi- a Putney boy, we don’t have high-speed What happened next turned him into a na- Internet here,’’ says Caldwell, who has been tional symbol of the human toll of Mr. tively. I think it is fair to say that just waking in the town he shares with Peter Duterte’s war. about every cross-country skier in this Shumlin as early as 4 a.m., then driving to When she heard he had been shot, Mr. country, from the fastest racers to the his nephew’s ski shop down the road to Siaron’s wife, Jennilyn Olayres, ran into the recreational ski tourers like me and watch live online races from Sochi.

VerDate Sep 11 2014 05:33 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A27SE6.041 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6132 CONGRESSIONAL RECORD — SENATE September 27, 2016 So much has changed since Caldwell him- do it you hurt, but you feel great afterward— culture of giving by encouraging alum- self competed in the 1952 Olympics, where a like when you stop hitting your head against ni to support current and future med- lack of television coverage required family the wall. All of us must be nuts, but it’s a ical students. In 2012, the Larners con- and friends seeking results to await the lifestyle, a culture.’’ tributed $300,000 for the purchase of newspaper the next day. It’s the same for the spectator back home. ‘‘That was back in the dark ages,’’ he says ‘‘It takes me a long time to recover from five cardiopulmonary simulators for only half-jokingly. ‘‘When I was racing, no- these early mornings,’’ the grandfather says. the UVM/Fletcher Allen Clinical Sim- body knew much about cross-country, and Even so, after rising this past Wednesday ulation Laboratory. These are just people hardly knew we were there. Every- before dawn, Caldwell still stayed up for his some of the contributions that in 2013 thing is much, much better than it used to weekly 7 to 10 p.m. bridge game. Then on led the university to recognize Dr. be. All this ease of communication has Saturday, he was set to watch grandson Pat- Larner with the UVM Lifetime helped.’’ rick, a freshman at Dartmouth College, com- Achievement in Philanthropy Award. pete in the Eastern Intercollegiate Ski Asso- Caldwell has helped, too—by turning his It is through the generosity of lowest point of adversity into a lifetime of ciation championships in Middlebury. achievement. The grandfather of 10 still takes a turn Vermonters like Dr. and Mrs. Larner Some Vermonters may remember his Oslo himself. But the cross-country pioneer says that ensure bright futures for Winter Games as the ones where Rutlander he’s going downhill fast—as an alpine season Vermont’s students and the patients Andrea Mead Lawrence became the only U.S. pass holder at Stratton. they ultimately will serve. Combined woman to win two skiing gold medals. But ‘‘A guy who’s 88 and I go over together. It’s with the excellent education offered by while the late female legend experienced the slow getting the strength back. I got a new the University of Vermont, the hip in May and two new knees in October. I thrill of victory, Caldwell felt the agony of Larners’ contributions create opportu- defeat. have a plastic heart valve and fake shoulder, ‘‘I was on the combined team—cross-coun- too.’’ nities for first-class physicians and re- try and ski jumping—but I was poorly pre- So goes life. So much ‘‘s-u-f-f-a-h-ing.’’ So searchers who will undoubtedly go on pared.’’ much satisfaction. to transform the medical field. Born in Detroit in 1928, Caldwell had ‘‘I’m bionic—and still plugging along.’’ f moved to Putney with his family in 1941. f When his high school needed a cross-country RECOGNIZING CONCEPT2 OF racer for the 1946 state championships, he TRIBUTE TO DR. ROBERT LARNER MORRISVILLE, VERMONT strapped on his sister’s wooden alpine skis. Mr. LEAHY. Mr. President, those Mr. LEAHY. Mr. President, Continuing on to Dartmouth College, he bor- who call the Green Mountains home Vermont’s business landscape boasts rowed his coach’s slats before the school know that Vermonters value hard work bought him a pair. dozens of cutting-edge startups and Caldwell tried out and made the 1952 Olym- and community in equal measure. The successful small ventures. True to this pic team. But knowing little about proper two often go hand in hand when indi- entrepreneurial and independent spirit training, he toured too many Norwegian viduals give back to the institutions found throughout the Green Moun- bakeries beforehand. The onetime 145–pound and communities that played roles in tains, Concept2, based in Morrisville, athlete weighed 170 by the time he dressed their success. Today I am honored to VT, has once again put our small, rural for his event. But that wasn’t why he needed recognize both an outstanding indi- State on the world stage. help buttoning his shirt—his shoulders ached vidual and an exceptional institution Concept2 is a manufacturer of rowing from falling so often in practice. The rest is history—just not Olympic his- for their respective roles in supporting equipment, founded in 1976 by two tory. the future of medical excellence in brothers, Dick and Pete Dreissigacker, ‘‘That really inspired me to help better Vermont. dedicated to the sport of rowing. There, prepare athletes so they wouldn’t be so Dr. Robert Larner and his wife, they first designed and started selling flummoxed, overwhelmed and thoroughly Helen, recently donated $66 million in a composite racing oars. Many years and thrashed.’’ bequest to the University of Vermont, many innovative models later, these Caldwell started by coaching at his alma UVM, medical school, which has since Concept2 products have become an in- mater, the Putney School, where he worked been renamed in honor of the 1942 tegral presence in the rowing commu- with such up-and-coming skiers as Bill Koch, the first U.S. Nordic athlete to win an Olym- alumnus. The Robert Larner, M.D., nity and have unmistakably changed pic medal (silver in 1976). That, in turn, led College of Medicine at the University an international sport. him to help the American team in a succes- of Vermont will continue to provide a Propelled by these lightweight, sion of Winter Games. first-class medical education while en- Vermont-crafted Concept2 oars and Off the job, Caldwell befriended couraging groundbreaking research in sculls, 32 Olympic rowing teams re- Brattleboro publishers Stephen and Janet the medical field, from cancer to infec- cently brought home medals in the Greene. tious diseases, to neuroscience and be- summer 2016 Olympic Games regatta in ‘‘They said, ‘Are there any books on cross- country?’ I said no.’’ yond. Rio de Janeiro. Bob Beeman of Morris- Soon there was one—his simply titled ‘‘The Born in Burlington’s Old North End ville was sent to Rio as a representa- Cross-Country Ski Book’’—which he updated in 1918, Robert Larner is the youngest tive and on-site technician for until its eighth and final edition in 1987. of seven children, and the only one Concept2. As a trusted and true em- Caldwell also nurtured the sport by helping among his siblings to go to college. He ployee, Beeman, too, was recognized found the New England Nordic Ski Associa- attended the University of Vermont with a medal and certificate from the tion and by forging a family with his wife, after receiving a scholarship for win- International Olympic Committee for Hep, and their four children: Tim competed ning a Statewide debate competition Concept2’s continuous and fair support in the Olympics in 1972, 1976, 1980 and 1984. Peter raced undefeated in college. Jennifer and finished his undergraduate studies of the athletes and their equipment. made the U.S. ski team. And Sverre coached in just 3 years. After completing col- With a nod to Vermont’s core values the Americans in 1988 and fathered the latest lege in 1939, he pursued his medical de- of ethical business standards and giv- generation of family champions, Sophie. gree at the UVM College of Medicine ing back to our communities, the mis- John Caldwell has been waking in the dark and graduated in 1942. Dr. Larner then sion of Concept2 is to support the the past two weeks to drive to Putney’s served in World War II before settling international rowing community and Caldwell Sport—owned by his nephew Zach, in southern California to establish his create equal opportunity for all. Re- who’s assisting U.S. skiers in Russia, and own medical practice. gardless of nation or team flag, the wife, Amy—to watch live Sochi races that, because of the time difference, have started Though he remained in California for crew has worked with rowing teams as early as 4:15 a.m. many years, the Vermont native cred- from around the world to combine ‘‘I’m a Luddite,’’ he says, ‘‘but I emailed its his home State’s flagship university Concept2 technology with human skill Sophie before the sprint and said, ‘Go fast.’ ’’ for providing the education he needed and training. Characterized by hon- Caldwell then cheered her sixth-place fin- to succeed. To ensure that future gen- esty, fairness, and integrity, these val- ish (the best U.S. women’s Olympic cross- erations also receive a similar experi- ues of Concept2 embody the true Olym- country result ever) before, a week later, she ence, regardless of personal finances, pic spirit to level the playing field and ended up eighth in the team sprint. Seen the way skiers collapse after a race? Dr. Larner and his wife have made a allow the best team to win. As ‘‘I joke with them, ‘Are you suffering?’ I number of generous contributions to Vermonters, we are proud to see such a spell and say it ‘s-u-f-f-a-h.’ It sounds mas- his alma mater. For example, the passionate and committed company ochistic, but that’s the way it is. When you Larner Scholars Program has created a rise to the global platform and help

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A27SE6.042 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6133 athletes accomplish their Olympic For Beeman, Rio was the best of the five tivities, while continuing to discover dreams. Olympics that he has been to. Everything aspects of her life and the experiences My grandson, Roan, and I still talk of worked well logistically, there were over 200 of those who traveled on the Under- our visit to Concept2 when he was on volunteers assisting at the rowing venue, ground Railroad through continued and he had a chance to watch some of the historical and archaeological research his high school rowing team. other events, including water polo and table Mr. President, I ask unanimous con- tennis. and discovery. sent that the September 2, 2016, article, ‘‘It was great to be right in the middle of Unfortunately, few of the structures ‘‘Concept2 Oars Used in Majority of it all,’’ Beeman said. associated with the early years of Har- Olympic Rowing Wins,’’ from the This was also the first Olympics at which riet Tubman’s life remain standing Stowe Reporter be printed in the Beeman was officially recognized for his today. The landscape of the Eastern RECORD. work. Even a senior adviser thanked him, Shore of Maryland, however, is still There being no objection, the mate- and ‘‘that was a big deal,’’ he said. evocative of the time when Harriet Before leaving Brazil, Beeman received a rial was ordered to be printed in the Tubman lived there. Farm fields and thank-you medal and a certificate from the loblolly pine forests dot the lowland RECORD, as follows: International Olympic Committee for [From the Stowe Reporter, September 2, Concept2’s support of the athletes and their landscape, which is also notable for its 2016] equipment. extensive network of tidal rivers and wetlands that Tubman and the people CONCEPT2 OARS USED IN MAJORITY OF The next Summer Olympics will be in OLYMPIC ROWING WINS Tokyo in 2020, and Beeman looks forward to she guided to freedom used under cover being a rowing-equipment technician for the of night. If she were alive today, Ms. (By Kayla Friedrich) sixth time. Tubman would recognize much of the With the help of Concept2 oars and sculls, ‘‘I’m also super excited to go to some of landscape that she knew intimately as 32 rowing crews—76 percent of all medal-win- the other international regattas,’’ Beeman ning crews at the Olympic regatta—were she secretly led freedom-seekers of all said. ‘‘One is in Serbia this year, and Swit- ages to the North. This park helps con- able to step onto the platform in Rio de Ja- zerland. The World Rowing Championships neiro to receive their awards this year. will be in Florida.’’ nect people today to America’s history Nine of those medals were gold. while establishing an important des- Concept2 is one of the world’s most promi- f tination for tourists to come visit, nent manufacturers of lightweight oars. NATIONAL PARK SERVICE learn, and experience Maryland’s East- They’re built by former U.S. Olympian Dick CENTENNIAL ern Shore. Dreissigacker and his brother Pete in Mor- For 7 years I worked with my col- risville. Mr. CARDIN. Mr. President, Amer- leagues, Senator MIKULSKI, Senator The company also produces an indoor row- ican historian and author Wallace ing machine, and all of the athletes have Stegner called our national parks ‘‘the SCHUMER, Senator GILLIBRAND, and trained on the Concept2 Indoor Rower to best idea we ever had. Absolutely Senator Clinton to establish the first build their fitness to Olympic caliber. American, absolutely democratic, they national historical park to honor an The company produces 80 to 90 percent of reflect us at our best rather than our African American woman. Harriet Tub- the world’s market of competition oars, and worst.’’ The National Park Service man is an extraordinary American, and it sends an accredited technician—Bob Bee- Marylanders are extremely proud to man of Morrisville—to the Olympics to make turned 100 on August 25, 2016. I wish to celebrate a century of recreation, con- have her as a native daughter. In 2014, any equipment repairs the athletes need. I was so proud to finally get our legis- Sometimes oars are damaged in transit, servation, and historic preservation lation enacted, and I am pleased that practice or a race, and Beeman is able to pro- programs. vide replacement parts and adjustments if Congress created the agency in 1916 development and planning for this park requested. for the specific purpose of caring for is well underway. Only recently has the National Park Thanks to his decades of work at the com- America’s special places. The National Service begun establishing units dedi- pany, Beeman became a five-time Olympian Park Service was given the responsi- this year, not competing, but helping cated to the lives of African Ameri- bility not only to conserve and protect teams—regardless of what country they rep- cans. Places such as Booker T. Wash- resent. parks, but also to leave them ington National Monument on the ‘‘Everything we do is free of charge,’’ Bee- ‘‘unimpaired for the enjoyment of fu- campus of Tuskegee University in Ala- man said. ‘‘It’s all part of the service when ture generations.’’ The job got bigger bama, the George Washington Carver using Concept2 oars. as parks expanded in number and type. ‘‘Some of the athletes look at me like I’m National Monument in Missouri, the In the 1930s, military parks and na- National Historic Trail commemo- Santa Claus. There are 70 countries in row- tional monuments were added. Then ing, and we try to even the playing field. One rating the march for voting rights from team didn’t have good oars to use at the came national parkways and seashores, Selma to Montgomery, and, most re- Olympics, so we lent some out.’’ followed by urban parks in the 1960s. cently, the Martin Luther King, Jr., Beeman has been the on-site technician for During the next decade, the National Memorial on the National Mall are all Concept2 at the Atlanta Olympics in 1996; Park System nearly doubled with the important monuments and places of Sydney, Australia, in 2000; Beijing, China, in addition of 47 million acres in Alaska. historical significance that help tell 2008; London in 2012; and now Rio. I am proud of the national parks and As a result, he’s known some of the ath- the story of the African-American ex- programs in Maryland’s backyard. perience. letes for many years. Maryland is home to 18 national parks, ‘‘Athletes want to know that there is noth- In a similar, overdue spirit, the ing wrong with their equipment, and they which attract 6,443,376 visitors every Smithsonian’s National Museum of Af- rely on me. It makes me so proud,’’ Beeman year. This national park tourism gen- rican American History and Culture said. erates $216,700,000 in economic benefit. will be opening this Saturday. I at- U.S. rower Gevvie Stone was at the I am proud of the range of parks in tended the grand opening weekend of Concept2 tent every day, not because she the State, from national battlefields this extraordinary addition to the Na- needed repairs, but because it gave her a such as Antietam and Monocacy in tional Mall. The National Museum of place to relax. Beeman said Stone’s father western Maryland to Assateague Island African American History and Culture thanked him profusely. Stone took silver in National Seashore, which offers visi- the women’s single sculls using Concept2 is the only national museum devoted oars. tors sandy beaches, salt marshes, mari- exclusively to documenting African Beeman also was able to wear a gold medal time forests, and coastal bays on the American life, history, and culture. at this year’s events. The gold-medal win- edge of the continent. On August 25, 2006, the 90th anniver- ning team from New Zealand, Eric Murray I am especially proud of the recently sary of the National Park Service, and Hamish Bond, returned to the tent fol- established Harriet Tubman Under- then-Secretary of the Interior—and lowing their men’s pair final. Murray took ground Railroad National Historic former Senator—Dirk Kempthorne off his gold medal and placed it over Bee- Park in Maryland’s Dorchester, Caro- launched the National Park Centennial man’s head for a photo-op. line, and Talbot Counties. The vision ‘‘Just to be around this level of athlete is Initiative to prepare national parks for amazing,’’ Beeman said. ‘‘They train daily, for the Tubman National Historical another century of conservation, pres- many of them two or three times a day at a Park is to preserve the places signifi- ervation, and enjoyment. Since then, few hours each time. They train like that cant to the life of Harriet Tubman and the National Park Service asked citi- not just for months, but for years.’’ tell her story through interpretive ac- zens, park partners, experts, and other

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.048 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6134 CONGRESSIONAL RECORD — SENATE September 27, 2016 stakeholders what they envisioned for Reserve military servicemembers and TRIBUTE TO GROVER FUGATE a second century of national parks. A their families throughout the State. Mr. WHITEHOUSE. Mr. President, nationwide series of more than 40 lis- The USO of Illinois provides over 300 today I wish to honor the career of one tening sessions produced more than programs and services throughout the of Rhode Island’s most respected ocean 6,000 comments that helped to shape year to enhance the quality of life for and coastal experts, my friend Grover five centennial goals. The goals and our servicemembers and their families, Fugate. overarching vision were presented to including family support events like Grover has served as executive direc- President Bush and to the American tickets to the theatre or sporting tor of the Rhode Island Coastal Re- people in May 2007 in a report, ‘‘The events, programs designed for military sources Management Council, CRMC, Future of America’s National Parks.’’ children, prepare care packages for Illi- for nearly 30 years, protecting Rhode Continued and better stewardship nois servicemembers deployed abroad, Island’s coastal resources through re- was one of the five goals. and providing support and appreciation search, regulation, and restoration. We must be better stewards of na- at homecomings and deployments at One of the shining jewels of CRMC’s tional parks when it comes to clean airports. The USO of Illinois is a non- work has been its innovative Special water. More than one-half of our 407 profit organization relying on the gen- Area Management Plans, or SAMPs. national parks have waterways deemed erosity of individuals and corporations These plans are ecosystem-based man- ‘‘impaired’’ under the Clean Water Act and hundreds of volunteers. agement strategies developed in col- and in need of attention. These are I congratulate and commend the USO laboration with government agencies, parks whose local domestic water sup- and the USO of Illinois for their con- municipalities, and other stakeholders ply and protected natural resources are tinued efforts to support Illinois’ serv- to best manage coastal systems. Dur- dependent upon and often affected by icemembers, their families, and our ing Mr. Fugate’s tenure, the council the quality of surface water flowing veterans. has developed eight management plans, into and through their respective des- f including the groundbreaking ocean ignated boundaries. SAMP, the first formally adopted As stewards, we must carry out our LYME DISEASE ocean spatial plan in the country. The responsibilities with respect to clean Mr. KIRK. Mr. President, today I ocean SAMP guides future uses of water. I am particularly sensitive to wish to discuss a serious threat my Rhode Island’s marine areas. In devel- this responsibility. One hundred thou- constituents face when they travel on oping the plan, CRMC engaged a di- sand streams and rivers, as well as one of the 270 trails, spread out over 700 verse group of stakeholders and laid thousands of acres of wetlands, provide miles, in Illinois. Unfortunately, hikers the groundwork for cooperation among the freshwater that flows into the share these trails with bacteria-car- a multitude of regulatory agencies that Chesapeake Bay. Restoration of the rying ticks, which can infect travelers led the way for the successful develop- Chesapeake Bay watershed is managed with a variety of diseases, including ment of the Nation’s first offshore wind by the Chesapeake Bay Program, in Lyme disease. farm off the coast of Rhode Island. which the National Park Service serves For those infected, Lyme disease The council has also helped Rhode Is- as a Federal agency partner. In order manifests in multiple ways, including land towns and residents understand for our restoration efforts to succeed, fever, fatigue, rashes, and severe pain. the increasing effects of sea level rise we must ensure clean water flows in Current diagnostic tests are unreliable, and storm surge. Using the latest cli- the streams that lead into the Chesa- causing many people with the condi- mate change predictions and state of peake Bay. tion to be misdiagnosed. Left un- the art modeling, CRMC, in coopera- Our national parks are our legacy to treated, it can lead to even more seri- tion with the University of Rhode Is- the next generation; conserving them ous and debilitating illnesses. land and others, developed an online is our shared responsibility. The 2016 According to the Centers for Disease tool, STORMTOOLS, that gives anyone centennial of our parks is a prime op- Control and Prevention, or CDC, Lyme with an Internet connection free access portunity for renewing this commit- disease is the most commonly reported to information that can be used to help ment. vector-borne illness in the country, decide everything from what neighbor- f with an estimated 300,000 people in- hood to buy a home in to where to site fected each year. The CDC also reports a new stormwater treatment plant. Mr. 75TH ANNIVERSARY OF THE USO that the species of ticks that spread Fugate has been a key leader in estab- Mr. KIRK. Mr. President, I would Lyme disease now live in 46 percent of lishing STORMTOOLS and educating like to honor the United Service Orga- the Nation’s counties. decisionmakers about the realities of nizations, USO, and especially the USO I commend Senators BLUMENTHAL sea level rise and flooding. of Illinois, as they celebrate their 75th and AYOTTE for introducing the Lyme In addition to his work for the Coast- anniversary of keeping servicemembers and Tick-Borne Disease Prevention, al Resources Management Council, Mr. connected to their family, home, and Education, and Research Act, S. 1503, Fugate serves as the State colead for country throughout their service to and I urge my colleagues to join me as the Northeast Regional Ocean Coun- the Nation. a cosponsor of this critical bill. The cil’s Ocean Planning initiative and the Since 1941, the USO has been the Na- legislation will better coordinate the Northeast Regional Planning Body es- tion’s leading organization to serve our Federal Government’s response to tick- tablished under President Obama’s 2010 military men and women and their borne diseases by creating an advisory Executive order. He also serves as ad- families. The USO has continuously committee within the Department of junct faculty for the University of adapted to the needs of our service- Health and Human Services, or HHS, to Rhode Island’s marine affairs program members and their families as they be comprised of patients, physicians, and a guest lecturer of coastal and ma- have provided support from the mo- researchers, and government officials rine law at the Roger Williams Univer- ment servicemembers join the mili- who will be tasked with identifying sity Law School. tary, through their assignments and best scientific practices to combat Mr. Fugate has earned many awards deployments, and when they transition tick-borne diseases. The bill requires for his work, including the 2010 Susan back to their communities. the HHS Secretary to strengthen dis- Snow-Cotter Award for Excellence in USO centers are found throughout ease surveillance and reporting, de- Ocean and Coastal Resource Manage- the world at airports and military in- velop better diagnostic tests, create a ment from the National Oceanic and stallations, providing around-the-clock physician-education program, and es- Atmospheric Administration, the 2010 hospitality to service-members and tablish epidemiological research objec- Regional Sea Grant Outstanding Out- their families. In addition to sup- tives for Lyme and other tick-borne ill- reach Award, the 2008 Coastal America porting servicemembers and their fam- nesses. Award for Habitat Restoration, and the ilies at home, the USO has a tradition The prevalence of Lyme and other 2008 Rhode Island Sea Grant Lifetime of bringing American entertainment tick-borne disease cases in recent years Achievement Award. He has authored and music to our troops overseas. demands a strong and coordinated ef- numerous academic journal articles on The USO of Illinois touches the lives fort at the Federal level. Now is the coastal and natural resources manage- of over 330,000 Active-Duty, Guard, and time to pass this critical legislation. ment issues.

VerDate Sep 11 2014 06:20 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.046 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6135 Mr. Fugate’s work on the ocean the Save the Bay Center at Fields Rosemarie Steele. He will be remembered by SAMP and Northeast Regional Plan- Point in Providence, RI. The center, a grateful State and Nation for his brave ning Body has placed Rhode Island at which won the Phoenix Award for service in our time of greatest need. the forefront of ocean planning and off- brownfields redevelopment, trans- f shore wind development. He is a leader formed a former landfill into a land- TRIBUTE TO MICHELE CRAIG with a passion and commitment to pro- mark facility that provides classroom tecting ocean and coastal resources. spaces for Save the Bay’s educational Mrs. CAPITO. Mr. President, I wish His technical expertise, ability to fos- programs and serves as a living exam- to recognize a dedicated public servant ter good working relationships with ple of the organization’s approach to and advocate for the people of West key stakeholders, and talent for find- environmentally friendly shoreline de- Virginia, Michele P. Craig, on her re- ing solutions within the existing regu- velopment. Under his leadership, Save tirement. Ms. Craig stepped down from latory framework are a few of the the Bay grew into a nationally recog- her role as executive director of many reasons I wish today to recognize nized, 20,000-member environmental ad- KYOVA Interstate Planning Commis- him. vocacy and education organization. sion and Region II Planning and Devel- opment Council on July 1. Her 30 years f Administrator Spalding’s passion for his work and the environment is obvi- of service have benefited the State of TRIBUTE TO CURT SPALDING ous. His vision for a vibrant, resilient West Virginia and the Huntington Mr. WHITEHOUSE. Mr. President, New England had shaped the great area. today I wish to recognize a notable work of our region’s environmental and Michelle received a bachelor’s degree Rhode Islander. Curt Spalding, the out- coastal communities for the last three in economics from Queens College in going Administrator for the U.S. Envi- decades. I hope during his retirement Charlotte before completing graduate ronmental Protection Agency’s region Administrator Spalding finds the time work at West Virginia University and 1, is retiring this year. Throughout his to enjoy some of the very areas he has American University. After beginning career, he has demonstrated a deep spent a career protecting. her career in Washington, she returned commitment to protecting our environ- Curt, my friend, may the wind al- home after losing her father in the ment. ways be at your back. Marshall University plane crash of 1970 The iconic waters of New England are f and began working in the family busi- part of what make this region a very ness. During this time, she also served special place to live. Since taking the REMEMBERING BENJAMIN in the West Virginia House of Dele- helm of EPA region 1 in 2009, Adminis- CHARLES STEELE gates from 1973 through 1978. trator Spalding has worked to bolster Mr. TESTER. Mr. President, I ask In 1986, Michele went to work for Re- coastal resilience, clean our lakes and unanimous consent to have the state- gion II Planning and Development rivers, and improve New England comment I previously delivered about the Council; within a year, she became ex- munities through innovation and life of Benjamin Charles Steele printed ecutive director. During her tenure, science. Among his priorities was rein the RECORD. Michele oversaw a staff that grew from newing the region’s focus on bettering There being no objection, the mate- 4 to 13 individuals, serving Cabell, Lin- stormwater pollution control, a par- rial was ordered to be printed in the coln, Logan, Mason, Mingo, and Wayne ticular concern for Rhode Island’s RECORD, as follows: Counties. I have had the pleasure of coastal communities as they prepare BENJAMIN CHARLES STEELE, BILLINGS, MT working with Michele and her staff on for sea level rise and increased rainfall. I rise to honor the life of an exceptional numerous projects benefiting the citi- His focus on stakeholder engagement Montanan and a true American hero, Ben- zens of West Virginia. Her wealth of led to EPA’s first-ever, real-time water jamin Charles Steele. He passed away on knowledge, professional expertise, and quality reporting tool, which relies on Sunday, September 25 in Billings, sur- poise were integral to these accom- rounded by his loving family. He was 98. New England citizen scientists, profes- Ben was born on November 17, 1917, in plishments. My staff and I will miss sional researchers, and a myriad of Roundup, MT. He was 22 when he enlisted in Michele as she moves on, but she has other groups for data and outreach. the Army Air Corps in Missoula, MT, on Sep- left behind a strong foundation for the Administrator Spalding has rou- tember 9, 1940. A year later, assigned to serve future. tinely been a leader identifying innova- in the Philippines, he arrived in-country and Aside from her role as executive di- tive and cooperative solutions to dif- was promptly handed a rifle and told: ‘‘now rector, Michele has served her commu- ficult problems. He worked with Sen- you’re in the infantry.’’ Then, 10 hours after nity through several organizations, in- Pearl Harbor, the Japanese invaded the Phil- ator REED and me to establish the cluding the Prestera Foundation, Ron- ippines. A few weeks later, Ben’s unit was or- Southeastern New England Coastal Wa- dered to the Bataan Peninsula. Soon after, ald McDonald House, and Hospice of tershed Restoration Program, SNEP. Ben’s unit was captured, and he and his fel- Huntington. She is also an avid reader, SNEP, a collaboration between govern- low soldiers began the infamous Bataan gardener, and world traveler. Michele ment agencies, researchers, and non- Death March. Ben was a prisoner for 3.5 is married to Thomas L. Craig, and to- governmental organizations, works to years and was sent to Japan where he did gether, they have three children. protect and restore coastal watersheds hard labor in the Japanese mines. He was lib- I wish Michele all the best as she by addressing the excess nutrients and erated once the atomic bomb was dropped on spends more time with her children and other pollutants that undermine water Hiroshima, with Ground Zero less than 80 grandchildren, enjoying her favorite miles from Ben’s coal mine. quality in the region. So far SNEP has Ben was discharged from the U.S. Air activities and continuing her philan- made available over $12 million to im- Force on July 10, 1946. After beginning his thropic endeavors and service to the prove coastal water quality, restore art career drawing on the concrete floor of a Huntington area. Throughout her ca- coastal ecosystems, and address nutri- prison in the Philippines, Ben pursued a for- reer, she has made a positive difference ent pollution. mal art education. In 1955, he received a mas- in the lives of many West Virginians. It Administrator Spalding has also ter’s degree in art from the University of has been an honor working with her, championed programs to clean the Denver and then taught art at Montana and it is an honor to call her my friend waters of Cape Cod and restore Lake State University-Billings. Up until his final days, Ben continued to and fellow West Virginian. I urge my Champlain, and his work in Boston paint, even while fighting his final battle in colleagues to join me in honoring her Harbor is another national success a nursing home in Billings. Ben Steele never service. story, turning one of the most toxic requested any acclaim for his service, but he f harbors in the country in the 1980s into deserves recognition for his incredible cour- one of the cleanest urban beaches in age in the face of daunting odds. ADDITIONAL STATEMENTS the Nation today. Ben’s life story and legacy will be forever Prior to serving with region 1, Ad- remembered across Montana, and on the west end of Billings, a middle school is cur- ministrator Spalding was the executive TRIBUTE TO WANDA DRAPER rently being constructed that will bear his ∑ director of Rhode Island’s Save the Bay name. Mr. CARDIN. Mr. President, a fellow for nearly two decades. While executive Ben is survived by his wife, Shirley, and Baltimorean and dear friend of mine, director, he oversaw construction of their two daughters, Julie Jorgenson and Wanda Queen Draper, is retiring today

VerDate Sep 11 2014 06:20 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A27SE6.044 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6136 CONGRESSIONAL RECORD — SENATE September 27, 2016 from WBAL-TV, where she has worked By these measures, Wanda has been year through charitable contributions for the past 25 years. In a sense, Wanda wildly successful. Wanda is married to and volunteer hours. The company also and I grew up together professionally Dr. Robert Draper and is surrounded by is a leader in promoting energy effi- in a city we both love so much. But her wonderful family each and every ciency through a variety of means. I Wanda is not the ‘‘retiring’’ type so she day. But it seems that the residents of was proud to help secure a ‘‘smart is becoming the executive director of Baltimore are a part of her extended grid’’ stimulus grant in 2009, which was the Reginald F. Lewis Museum of family, and she is determined that they instrumental in helping BGE install 2 Maryland African American History & will all ‘‘breathe easier’’ because of her million electric and gas smart meter Culture, an important part of Balti- efforts on their behalf. I ask my Senate devices throughout central Maryland. more’s history and culture that she colleagues to join me in thanking Today the company continues to help helped to found. Wanda Draper for her extraordinary its customers take more control of Wanda joined the Hearst Corp. as a professional and personal commitment their energy supply and management, student correspondent at the Balti- to the people and city of Baltimore and and it will keep working with its cus- more News American in 1968. She congratulating her as she moves on to tomers and communities to promote worked on the Sunday paper until 1973, her next great endeavor.∑ clean energy resources while delivering when she graduated from the Univer- f energy in a safe, reliable, and clean sity of Maryland. Wanda spent the next manner. 10 years as a reporter and local editor 200TH ANNIVERSARY OF THE I would like to ask my Senate col- at the Baltimore Sun. She subse- FOUNDING OF BALTIMORE GAS leagues to join me in congratulating quently worked as an assignment man- AND ELECTRIC BGE on its 200th anniversary and ager and local show host at WJZ-TV, ∑ Mr. CARDIN. Mr. President, I would thanking the dedicated employees, cus- director of public affairs for the Gov- like to take this opportunity to con- tomers, businesses, and communities ernor’s office, and director of commu- gratulate Baltimore Gas and Electric, who helped BGE to achieve this mile- nity affairs for the National Aquarium BGE, which celebrated its 200th anni- stone.∑ in Baltimore. In 1991, she joined WBAL- versary earlier this year. BGE, f TV as public affairs manager and was headquartered in Baltimore, is Mary- ultimately promoted to director of pro- land’s largest natural gas and electric TRIBUTE TO MASTER GUNNERY gramming and public affairs, making utility, delivering power to more than SERGEANT JULIUS D. SPAIN, SR. her responsible for all of the station’s 1.25 million electric customers and ∑ Mr. ISAKSON. Mr. President, today I programming. wish to recognize MGySgt Julius D. Wanda has won numerous local and more than 650,000 natural gas cus- national awards over the years and has tomers in central Maryland. BGE’s Spain, Sr., U.S. Marine Corps, on the been cited by the National Association electric service territory is approxi- occasion of his retirement following 26 of Broadcasters for her outstanding mately 2,300 square miles, including years of service in the Marine Corps. achievements. In short, she has had a Baltimore city and all or part of Anne A native of Conway, SC, Julius en- stellar career. But she is also very ac- Arundel, Baltimore, Calvert, Carroll, tered the Marine Corps in August 1990 tive in several community endeavors, Harford, Howard, Montgomery, and as a recruit at Parris Island, SC. In the and this is what I would like to high- Prince George’s Counties. BGE’s gas years after completing school there, light: her tireless dedication to the service territory is approximately 800 Julius received several promotions, as people of Baltimore, especially those square miles, including Baltimore city well as orders to many assignments who are less fortunate. Wanda serves and all or part of Anne Arundel, Balti- within the Marine Corps, including on the boards of the WBAL Kids Cam- more, Carroll, Cecil, Frederick, Har- being deployed to combat operations in paign, St. Timothy’s School, the ford, Howard, Montgomery, and Prince support of Operation Iraqi Freedom in Brigance Brigade Foundation, and George’s Counties. The company em- 2002 and reporting to the U.S. delega- Journey Home. The WBAL Kids Cam- ploys approximately 3,200 people. tion to the North Military Committee, paign is involved in many community BGE was founded on June 17, 1816, Joint Staff, NATO Headquarters, Brus- events, the largest of which is the and has the distinction of being the Na- sels, Belgium, in 2004, where Julius pro- Coats for Kids program each fall. tion’s first and oldest gas distribution vided administrative and operational Wanda was able to partner with Bur- company. BGE’s rich heritage is inter- support for the U.S. Ambassador to lington Coat Factory and has provided twined with the city of Baltimore, dat- NATO, Secretary of State, Secretary of over 300,000 children with coats over ing back to the days of acclaimed Defense, and the President of the the past 13 years. Over the last 3 years, American portrait painter and museum United States. with Wanda’s help, the Brigance Bri- keeper Rembrandt Peale when he lit In 2010, Julius was selected as one of gade has provided services to more the first gas lamps at his museum on two staff noncommissioned officers in than 40,000 ALS survivors and has Holiday Street, which made quite an the Marine Corps to participate in the raised over $1.5 million. The Journey impression. Peale envisioned lighting 2011 Congressional Fellowship Program Home campaign supports the mayor’s the streets of Baltimore and held an on Capitol Hill. I met Julius in Janu- 10-year plan to end homelessness in important gas lighting patent. With ary 2011, when he began a 12-month Baltimore. Over the past 6 years, the some business associates, he incor- stint in my Senate office as my defense campaign has assisted 2,000 people, and porated BGE, originally known as the fellow. During that year, he assisted on Wanda has helped to raise $6 million. Gas and Light Company of Baltimore. numerous military issues and was an For the past 8 years, she has been ac- Baltimore’s first gas street lamps were excellent representative of the Marine tive in the St. Vincent DePaul Empty lit on February 1817, which was 64 Corps. Julius also was selected for pro- Bowls program, which has helped to years before Baltimore’s first electric motion to the rank of master gunnery feed 440,000 people and raised more companies appeared in the city. sergeant during his time in my office. than $2 million. In 1906, the Consolidated Gas and Since leaving my Senate office, Ju- Ralph Waldo Emerson wrote: ‘‘To Electric Light and Power Company was lius has served as the senior enlisted laugh often and much; To win the re- formed through a series of mergers, op- legislative adviser for the Marine Corps spect of intelligent people and the af- erating until 1955 when it was renamed Office of Legislative Affairs and later fection of children; To earn the appre- Baltimore Gas and Electric; today it is as a special senior enlisted detailee ciation of honest critics and endure the proudly known as BGE and supports with the Department of Defense Office betrayal of false friends; To appreciate 10,000 direct and indirect jobs in Mary- of the Inspector General. He will retire beauty, to find the best in others; To land and contributes almost $4 billion from this detailee position this month. leave the world a bit better, whether to the region’s economy each year. MGySgt Julius Spain is married to by a healthy child, a garden patch, or The company and its employees have the former Adriana Contreras of Hous- a redeemed social condition; To know a long history of investing in the com- ton, TX, and she is a Marine Corps vet- even one life has breathed easier be- munity and continue to strengthen eran herself. They have three children: cause you have lived. This is to have that commitment by supporting more Monique, 22; Julius, Jr., 21; and Leana, succeeded.’’ than 260 nonprofit organizations each 17. I wish the entire Spain family fair

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.047 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6137 winds and following seas as they enter H.R. 5459. An act to amend the Homeland and for other purposes; to the Committee on this new phase of their lives together. Security Act of 2002 to enhance preparedness Homeland Security and Governmental Af- Thank you all for your commitment to and response capabilities for cyber attacks, fairs. our Nation.∑ bolster the dissemination of homeland secu- H.R. 5460. An act to amend the Homeland rity information related to cyber threats, Security Act of 2002 to establish a review f and for other purposes. process to review applications for certain H.R. 5460. An act to amend the Homeland grants to purchase equipment or systems MESSAGES FROM THE PRESIDENT Security Act of 2002 to establish a review that do not meet or exceed any applicable Messages from the President of the process to review applications for certain national voluntary consensus standards, and United States were communicated to grants to purchase equipment or systems for other purposes; to the Committee on the Senate by Mr. Pate, one of his sec- that do not meet or exceed any applicable Homeland Security and Governmental Af- national voluntary consensus standards, and fairs. retaries. for other purposes. H.R. 5509. An act to name the Department f H.R. 5509. An act to name the Department of Veterans Affairs temporary lodging facil- of Veterans Affairs temporary lodging facility in Indianapolis, Indiana, as the ‘‘Dr. Otis EXECUTIVE MESSAGES REFERRED ity in Indianapolis, Indiana, as the ‘‘Dr. Otis Bowen Veteran House’’; to the Committee on As in executive session the Presiding Bowen Veterans House’’. Veterans’ Affairs. Officer laid before the Senate messages H.R. 5873. An act to designate the Federal H.R. 5873. An act to designate the Federal building and United States courthouse lo- from the President of the United building and United States courthouse located at 511 East San Antonio Avenue in El cated at 511 East San Antonio Avenue in El States submitting sundry nominations Paso, Texas, as the ‘‘R.E. Thomason Federal Paso, Texas, as the ‘‘R.E. Thomason Federal which were referred to the appropriate Building and United States Courthouse’’. Building and United States Courthouse’’; to committees. H.R. 5883. An act to amend the Packers and the Committee on Environment and Public (The messages received today are Stockyards Act, 1921, to clarify the duties re- Works. printed at the end of the Senate pro- lating to services furnished in connection H.R. 5978. An act to amend title 14, United ceedings.) with the buying or selling of livestock in States Code, to clarify the functions of the commerce through online, video, or other Chief Acquisition Officer of the Coast Guard, f electronic methods, and for other purposes. and for other purposes; to the Committee on Commerce, Science, and Transportation. MESSAGE FROM THE HOUSE H.R. 5943. An act to amend the Imple- menting Recommendations of the 9/11 Com- f At 12:22 p.m., a message from the mission Act of 2007 to clarify certain allow- House of Representatives, delivered by able uses of funds for public transportation MEASURES PLACED ON THE Mrs. Cole, one of its reading clerks, an- security assistance grants and establish peri- CALENDAR nounced that the House has passed the ods of performance for such grants, and for The following bill was read the first following bill with an amendment and other purposes. and second times by unanimous con- H.R. 5978. An act to amend title 14, United an amendment to the title, in which it States Code, to clarify the functions of the sent, and placed on the calendar: requests the concurrence of the Senate: Chief Acquisition Officer of the Coast Guard, H.R. 5963. An act to reauthorize and im- S. 2754. An act to designate the Federal and for other purposes. prove the Juvenile Justice and Delinquency building and United States courthouse Prevention Act of 1974, and for other pur- f located at 300 Fannin Street in Shreve- poses. port, Louisiana, as the ‘‘Tom Stagg MEASURES REFERRED f Federal Building and United States The following bills were read the first REPORTS OF COMMITTEES Courthouse’’. and the second times by unanimous The following reports of committees The message also announced that the consent, and referred as indicated: House has passed the following bills, in were submitted: H.R. 1877. An act to amend section 520J of By Mr. JOHNSON, from the Committee on which it requests the concurrence of the Public Health Service Act to authorize the Senate: Homeland Security and Governmental Af- grants for mental health first aid training fairs, with amendments: H.R. 845. An act to direct the Secretary of programs; to the Committee on Health, Edu- S. 2966. A bill to update the financial dis- Agriculture to publish in the Federal Reg- cation, Labor, and Pensions. closure requirements for judges of the Dis- ister a strategy to significantly increase the H.R. 3216. An act to amend title 38, United trict of Columbia courts, and to make other role of volunteers and partners in National States Code, to clarify the emergency hos- improvements to the District of Columbia Forest System trail maintenance, and for pital care furnished by the Secretary of Vet- courts (Rept. No. 114–359). other purposes. erans Affairs to certain veterans; to the S. 2968. A bill to reauthorize the Office of H.R. 1877. An act to amend section 520J of Committee on Veterans’ Affairs. Special Counsel, and for other purposes the Public Health Service Act to authorize H.R. 3537. An act to amend the Controlled (Rept. No. 114–360). grants for mental health first aid training Substances Act to add certain synthetic sub- S. 2975. A bill to provide agencies with dis- programs. stances to Schedule I, and for other pur- cretion in securing information technology H.R. 3216. An act to amend title 38, United poses; to the Committee on the Judiciary. and information systems (Rept. No. 114–361). States Code, to clarify the emergency hos- H.R. 3779. An act to restrict the inclusion By Mr. BARRASSO, from the Committee pital care furnished by the Secretary of Vet- of social security account numbers on docu- on Indian Affairs, without amendment: erans Affairs to certain veterans. ments sent by mail by the Federal Govern- S. 2421. A bill to provide for the convey- H.R. 3537. An act to amend the Controlled ment, and for other purposes; to the Com- ance of certain property to the Tanana Trib- Substances Act to add certain synthetic sub- mittee on Homeland Security and Govern- al Council located in Tanana, Alaska, and to stances to schedule I, and for other purposes. mental Affairs. the Bristol Bay Area Health Corporation lo- H.R. 3779. An act to restrict the inclusion H.R. 5162. An act to amend title 38, United cated in Dillingham, Alaska, and for other of social security account numbers on docu- States Code, to authorize the Secretary of purposes (Rept. No. 114–362). ments sent by mail by the Federal Govern- Veterans Affairs to disclose to non-Depart- By Mr. BARRASSO, from the Committee ment, and for other purposes. ment of Veterans Affairs health care pro- on Indian Affairs, with amendments: H.R. 5162. An act to amend title 38, United viders certain medical records of veterans S. 2959. A bill to amend the White Moun- States Code, to authorize the Secretary of who receive health care from such providers; tain Apache Tribe Water Rights Quantifica- Veterans Affairs to disclose to non-Depart- to the Committee on Veterans’ Affairs. tion Act of 2010 to clarify the use of amounts ment of Veterans Affairs health care pro- H.R. 5346. An act to amend the Homeland in the WMAT Settlement Fund (Rept. No. viders certain medical records of veterans Security Act of 2002 to make the Assistant 114–363). who receive health care from such providers. Secretary of Homeland Security for Health By Mr. THUNE, from the Committee on H.R. 5346. An act to amend the Homeland Affairs responsible for coordinating the ef- Commerce, Science, and Transportation, Security Act of 2002 to make the Assistant forts of the Department of Homeland Secu- with an amendment in the nature of a sub- Secretary of Homeland Security for Health rity related to food, agriculture, and veteri- stitute and an amendment to the title: Affairs responsible for coordinating the ef- nary defense against terrorism, and for other S. 2607. A bill to ensure appropriate spec- forts of the Department of Homeland Secu- purposes; to the Committee on Homeland Se- trum planning and interagency coordination rity related to food, agriculture, and veteri- curity and Governmental Affairs. to support the Internet of Things (Rept. No. nary defense against terrorism, and for other H.R. 5459. An act to amend the Homeland 114–364). purposes. Security Act of 2002 to enhance preparedness By Mr. THUNE, from the Committee on H.R. 5392. An act to direct the Secretary of and response capabilities for cyber attacks, Commerce, Science, and Transportation, Veterans Affairs to improve the Veterans bolster the dissemination of homeland secu- with an amendment in the nature of a sub- Crisis Line. rity information related to cyber threats, stitute:

VerDate Sep 11 2014 07:08 Nov 15, 2016 Jkt 049060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\RECORD16\SEP2016\S27SE6.REC S27SE6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6138 CONGRESSIONAL RECORD — SENATE September 27, 2016 S. 3183. A bill to prohibit the circumven- Wells, which nominations were received by 7. Sisters and Spouses: none. tion of control measures used by Internet the Senate and appeared in the Congres- ticket sellers to ensure equitable consumer sional Record on September 22, 2016. *Andrew Robert Young, of California, a Ca- access to tickets for any given event, and for Navy nominations beginning with Galo A. reer Member of the Senior Foreign Service, other purposes. Cavalcanti and ending with Audra M. Vance, Class of Counselor, to be Ambassador Ex- f which nominations were received by the Sen- traordinary and Plenipotentiary of the ate and appeared in the Congressional United States of America to Burkina Faso. EXECUTIVE REPORTS OF Record on September 22, 2016. Nominee: Andrew Robert Young. COMMITTEES Navy nominations beginning with Chris- Post: Burkina Faso. The following executive reports of topher T. Abplanalp and ending with Ryan E. (The following is a list of all members of Zyvith, which nominations were received by nominations were submitted: my immediate family and their spouses. I the Senate and appeared in the Congres- have asked each of these persons to inform By Mr. MCCAIN for the Committee on sional Record on September 22, 2016. me of the pertinent contributions made by Armed Services. Navy nominations beginning with Steven them. To the best of my knowledge, the in- Air Force nomination of Lt. Gen. John F. M. Arbogast and ending with Joseph M. formation contained in this report is com- Thompson, to be Lieutenant General. Stark, which nominations were received by plete and accurate.) Air Force nomination of Maj. Gen. Robert the Senate and appeared in the Congres- Contributions, amount, date, and donee: D. McMurry, Jr., to be Lieutenant General. sional Record on September 22, 2016. 1. Self: $300, 08/01/2012*, Jennifer Roberts for Army nomination of Maj. Gen. Reynold N. Navy nominations beginning with Dorian Congress. Hoover, to be Lieutenant General. R. Acker and ending with Jason York, which 2. Spouse: Margaret Hawley-Young: none. Mr. MCCAIN. Mr. President, for the nominations were received by the Senate and 3. Children and Spouses: Nathan Young: Committee on Armed Services I report appeared in the Congressional Record on none; Claire Young: none. favorably the following nomination September 22, 2016. 4. Parents: Robert Richard Young—de- Navy nominations beginning with Michael lists which were printed in the RECORDs ceased; Joyce Joann Young, none. A. Ammendola and ending with Michael B. 5. Grandparents: Lowell Hulsebus—de- on the dates indicated, and ask unani- Zimet, which nominations were received by mous consent, to save the expense of ceased; Betty Hulsebus—deceased; Odile the Senate and appeared in the Congres- Davis Young—deceased; Richard Young—de- reprinting on the Executive Calendar sional Record on September 22, 2016. ceased. that these nominations lie at the Sec- By Mr. CORKER for the Committee on 6. Brothers and Spouses: Daren Scott retary’s desk for the information of Foreign Relations. Young—deceased; Jonathan Richard Young, Senators . *Rena Bitter, of Texas, a Career Member of none; Blair Benton Young, none. The PRESIDING OFFICER. Without the Senior Foreign Service, Class of Min- 7. Sisters and Spouses: Danee Suzanne ister-Counselor, to be Ambassador Extraor- objection, it is so ordered. Young: $500, 03/27/2016, Sanders, Bernard via dinary and Plenipotentiary of the United Bernie 2016; $1,000, 09/19/2012, Sen. Harry Reid Air Force nomination of Scott E. Williams, States of America to the Lao People’s Demo- via Friends for Harry Reid; $1,000, 10/06/2012, to be Colonel. cratic Republic. Chris Murphy via Friends of Chris Murphy; Air Force nomination of John D. Cin- Nominee: Rena Bitter. $1,000, 09/19/2012, Sen Claire McCaskill McCas- namon, to be Colonel. Post: Laos. kill for Missouri; $500, 10/18/2010, Friends for Air Force nomination of Alfred G. Traylor (The following is a list of all members of Harry Reid; $500, 09/21/2006, Democratic Sen- II, to be Major. my immediate family and their spouses. I atorial Campaign Committee; $250, 06/30/2004, Air Force nomination of Mark C. have asked each of these persons to inform Joseph Hoeffell for Senate Committee; $250, Anarumo, to be Colonel. me of the pertinent contributions made by 06/29/2004, Paul Babbitt for Congress; $250, 06/ Air Force nomination of Steven C. M. them. To the best of my knowledge, the in- 29/2004, Lois Murphy for Congress; $250, 06/29/ Hasstedt, to be Colonel. formation contained in this report is com- 2004, Patty Wetterling for Congress; $1,000, Army nomination of Karl E. Nell, to be plete and accurate.) 03/08/2004, John Kerry for President Inc. Colonel. Contributions, amount, date, and donee: Army nomination of Todd D. Wolford, to 1. Self: $100, 2012, Barak Obama; $500, 2015, be Colonel. Hillary Clinton. * W. Stuart Symington, of Missouri, a Ca- Army nomination of Lance L. Jelks, to be 2. Spouse: NA. reer Member of the Senior Foreign Service, Major. 3. Children and Spouses: NA. Class of Minister-Counselor, to be Ambas- Army nomination of Matthew A. Levine, 4. Parents: Herbert and Frieda Bitter—de- sador Extraordinary and Plenipotentiary of to be Lieutenant Colonel. ceased. the United States of America to the Federal Army nomination of Daniel J. Donovan, to 5. Grandparents: Sylvia and Joseph Bit- Republic of Nigeria. be Colonel. ter—deceased; Sima and Morris Schuman— Nominee: W. Stuart Symington. Army nomination of Donna A. McDermott, deceased. Post: Abuja, Nigeria. to be Colonel. 6. Brothers and Spouses: Mitchell Bitter, (The following is a list of all members of Navy nominations beginning with Jordan $200, 2012, Obama; $200, last race, Udall; $200, my immediate family and their spouses. I M. Adler and ending with Richard C. Wong, last race, Bennett; $200, last race, Romanoff. have asked each of these persons to inform which nominations were received by the Sen- 7. Sisters and Spouses: Eileen and Mark me of the pertinent contributions made by ate and appeared in the Congressional Rosenzweig, $250, 2012, Obama; $100, 2012, them. To the best of my knowledge, the in- Record on September 22, 2016. DSCC; $35, 2012, Obama; $100, 2012, Obama; formation contained in this report is com- Navy nominations beginning with John A. $100, 2012, DCCC; $250, 2012, Obama; $300, 2012, plete and accurate.) Allen and ending with Timberon C. Vanzant, Obama; $54.44, 2012, DSCC. Contributions, amount, date, and donee: which nominations were received by the Sen- 1. Self: none. ate and appeared in the Congressional *Sung Y. Kim, of California, a Career Mem- 2. Spouse: $500.00, 12/2011, Klobuchar for Record on September 22, 2016. ber of the Senior Foreign Service, Class of Minn. Navy nominations beginning with Chris- Minister-Counselor, to be Ambassador Ex- 3. Children and Spouses: Daughter: Jane W. topher D. Ayala and ending with Andrew S. traordinary and Plenipotentiary of the Symington: $50.00, 9/2012, Obama for Amer- West, which nominations were received by United States of America to the Republic of ica. Jessen Wabeke (husband): none. Son: W. the Senate and appeared in the Congres- the Philippines. Stuart Symington VI: $116.00, 08/25/2015, Hil- sional Record on September 22, 2016. Nominee: Sung Y. Kim. lary for America; $25.00, 03/14/2016, Hillary for Navy nominations beginning with Francis Post: Manila. America; $20.00, 05/05/2016, Hillary for Amer- B. Carnaby and ending with Rebecca I. Sum- (The following is a list of all members of ica; $100.00, 06/15/2016, Hillary Victory Fund. mers, which nominations were received by my immediate family and their spouses. I 4. Parents: Stuart Symington Jr.: $250.00, the Senate and appeared in the Congres- have asked each of these persons to inform 12/31/2011, Klobuchar for Minn.; $250.00, 07/10/ sional Record on September 22, 2016. me of the pertinent contributions made by 2012, McCaskill for Mo.; Janey B. Symington: Navy nominations beginning with Ben- them. To the best of my knowledge, the in- $250.00, 12/31/2011, Klobuchar for Minn.; jamin R. Addison and ending with Russell P. formation contained in this report is com- $250.00, 07/10/2012, McCaskill for Mo. Wolfkiel, which nominations were received plete and accurate.) 5. Grandparents: Stuart Symington—de- by the Senate and appeared in the Congres- Contributions, amount, date, and donee: ceased; Evelyn Wadsworth Symington—de- sional Record on September 22, 2016. 1. Self: none. ceased; Jane Sante Studt—deceased; Sidney Navy nominations beginning with Joshua 2. Spouse: none. M. Studt—deceased. C. Alcazar and ending with Jui I. Yang, 3. Children and Spouses: none. 6. Brothers and Spouses: Sidney S. Sy- which nominations were received by the Sen- 4. Parents: none. mington, none; John Sante Symington, Mar- ate and appeared in the Congressional 5. Grandparents: none. garet Symington (spouse), $1,000.00, 12/29/2011, Record on September 22, 2016. 6. Brothers and Spouses: Joon Y. Kim, Klobuchar for Minn.; $1,000.00, 05/21/2012, Klo- Navy nominations beginning with Silas O. 1875.00, Sept 2014, Squire Patton Boggs Polit- buchar for Minn.; $100.00, 09/10/2012, Obama Carpenter and ending with Christopher E. ical Action Committee. for America; $100.00, 09/10/2012, Democratic

VerDate Sep 11 2014 06:20 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A27SE6.011 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6139 Senate Campaign Comm.; $50.00, 12/18/2013, (Nominations without an asterisk By Mr. DAINES (for himself and Mrs. Mark Pryor for Alaska; $150.00, 05/09/2014, were reported with the recommenda- CAPITO): DSCC; $100.00, 07/11/2015, Hillary for America; tion that they be confirmed.) S. 3405. A bill to transfer certain items $100.00, 07/11/2015, DSCC; $150.00, 02/16/2016, from the United States Munitions List to the f Hillary Victory Fund. Commerce Control List; to the Committee 7. Sisters and Spouses: Anne Wadsworth INTRODUCTION OF BILLS AND on Banking, Housing, and Urban Affairs. Symington—deceased. JOINT RESOLUTIONS f * Joseph R. Donovan Jr., of Virginia, a Ca- The following bills and joint resolu- reer Member of the Senior Foreign Service, tions were introduced, read the first SUBMISSION OF CONCURRENT AND Class of Minister-Counselor, to be Ambas- and second times by unanimous con- SENATE RESOLUTIONS sador Extraordinary and Plenipotentiary of sent, and referred as indicated: The following concurrent resolutions the United States of America to the Republic of Indonesia. By Mr. THUNE (for himself and Ms. and Senate resolutions were read, and Nominee: Joseph R. Donovan Jr. HEITKAMP): referred (or acted upon), as indicated: S. 3395. A bill to require limitations on pre- Post: Jakarta, Indonesia. By Mr. BOOKER (for himself and Mr. (The following is a list of all members of scribed burns; to the Committee on Agri- HATCH): my immediate family and their spouses. I culture, Nutrition, and Forestry. S. Res. 580. A resolution supporting the es- have asked each of these persons to inform By Mr. SCHUMER: tablishment of a President’s Youth Council; S. 3396. A bill to require an Air Force re- me of the pertinent contributions made by to the Committee on Health, Education, port on perfluorooctanoic acid (PFOA) and them. To the best of my knowledge, the in- Labor, and Pensions. perfluorooctane sulfonates (PFOS) contami- formation contained in this report is com- By Mr. BLUMENTHAL (for himself, plete and accurate.) nation at certain military installations and EAHY, Ms. BALDWIN, Mr. BEN- Contributions, amount, date, and donee: require reparation for identified contami- Mr. L 1. Self: none. nated sites and affected areas; to the Com- NET, Mr. BOOKER, Mrs. BOXER, Mr. 2. Spouse: Mei Chou Donovan: none. mittee on Armed Services. BROWN, Ms. CANTWELL, Mr. CARDIN, 3. Children and Spouses: James R. Dono- Mr. CARPER, Mr. CASEY, Mr. COONS, By Mr. RUBIO (for himself, Mr. INHOFE, van: none. Matthew W. Donovan: none. Mr. DONNELLY, Mr. DURBIN, Mrs. 4. Parents: Joseph R. Donovan: none; Mary and Mr. GARDNER): FEINSTEIN, Mr. FRANKEN, Mrs. GILLI- Helen Donovan—deceased. S. 3397. A bill to encourage visits between 5. Grandparents: James C. Donovan—de- the United States and Taiwan at all levels, BRAND, Mr. HEINRICH, Ms. HEITKAMP, ceased; Margaret Donovan—deceased; Arthur and for other purposes; to the Committee on Ms. HIRONO, Mr. KAINE, Ms. KLO- Priest—deceased; Mary Priest—deceased. Foreign Relations. BUCHAR, Mr. MARKEY, Mrs. MCCAS- 6. Brothers and Spouses: David A. Dono- By Mr. RUBIO: KILL, Mr. MENENDEZ, Mr. MERKLEY, van, none; Julia Downey, none. S. 3398. A bill to reform the inspection Ms. MIKULSKI, Mr. MURPHY, Mrs. 7. Sisters and Spouses: Marianne Donovan, process of housing assisted by the Depart- MURRAY, Mr. PETERS, Mr. REED, Mr. none. ment of Housing and Urban Development, REID, Mr. SANDERS, Mr. SCHATZ, Mr. *Christopher Coons, of Delaware, to be and for other purposes; to the Committee on SCHUMER, Mrs. SHAHEEN, Ms. STABE- Representative of the United States of Amer- Banking, Housing, and Urban Affairs. NOW, Mr. TESTER, Mr. UDALL, Mr. ica to the Seventy-first Session of the Gen- By Mr. KIRK (for himself and Mr. WARNER, Ms. WARREN, Mr. WHITE- eral Assembly of the United Nations. ENZI): HOUSE, and Mr. WYDEN): *Ronald H. Johnson, of Wisconsin, to be S. 3399. A bill to amend the Higher Edu- S. Res. 581. A resolution prohibiting the Representative of the United States of Amer- cation Act of 1965 to require the disclosure of Senate from adjourning, recessing, or con- ica to the Seventy-first Session of the Gen- the annual percentage rates applicable to vening in a pro forma session unless the Sen- eral Assembly of the United Nations. Federal student loans; to the Committee on ate has provided a hearing and a vote on the Mr. CORKER. Mr. President, for the Health, Education, Labor, and Pensions. pending nomination to the position of justice Committee on Foreign Relations I re- By Mr. MARKEY: of the Supreme Court of the United States; port favorably the following nomina- S. 3400. A bill to prohibit the conduct of a to the Committee on Rules and Administra- tion lists which were printed in the first-use nuclear strike absent a declaration tion. of war by Congress; to the Committee on RECORDS on the dates indicated, and By Mr. RUBIO (for himself and Mr. Foreign Relations. NELSON): ask unanimous consent, to save the ex- By Mr. CRAPO: S. Res. 582. A resolution recognizing and pense of reprinting on the Executive S. 3401. A bill to amend title 38, United honoring the life of Jose Fernandez; to the Calendar that these nominations lie at States Code, to consolidate and expand the Committee on the Judiciary. the Secretary’s desk for the informa- provision of health care to veterans through tion of Senators . non-Department of Veterans Affairs health f The PRESIDING OFFICER. Without care providers, and for other purposes; to the ADDITIONAL COSPONSORS objection, it is so ordered. Committee on Veterans’ Affairs. S. 248 *Foreign Service nominations beginning By Mr. DAINES (for himself, Mr. NEL- with Diana Isabel Acosta and ending with SON, and Ms. KLOBUCHAR): At the request of Mr. MORAN, the S. 3402. A bill to protect consumers from Elisa Joelle Zogbi, which nominations were name of the Senator from Arizona (Mr. deceptive practices with respect to online received by the Senate and appeared in the FLAKE) was added as a cosponsor of S. booking of hotel reservations, and for other Congressional Record on July 13, 2016. purposes; to the Committee on Commerce, 248, a bill to clarify the rights of Indi- (minus 4 nominees: Michael Ashkouri; Omar Science, and Transportation. ans and Indian tribes on Indian lands Robles; Steven James Rynecki; Ethan N. By Mr. SULLIVAN (for himself and Mr. under the National Labor Relations Takahashi) *Foreign Service nominations beginning TESTER): Act. with Jennisa Paredes and ending with S. 3403. A bill to authorize payment by the S. 314 Department of Veterans Affairs for the costs Jamoral Twine, which nominations were re- At the request of Mr. GRASSLEY, the ceived by the Senate and appeared in the associated with service by medical residents and interns at facilities operated by Indian name of the Senator from North Caro- Congressional Record on July 13, 2016. lina (Mr. BURR) was added as a cospon- (minus 1 nominee: Edward Peay) tribes, tribal organizations, and the Indian *Foreign Service nominations beginning Health Service, to require the Secretary of sor of S. 314, a bill to amend title XVIII with Jorge A. Abudei and ending with Debo- Veterans Affairs to carry out a pilot proof the Social Security Act to provide rah Kay Jones, which nominations were re- gram to expand medical residencies and infor coverage under the Medicare pro- ceived by the Senate and appeared in the ternships at such facilities, and for other gram of pharmacist services. purposes; to the Committee on Veterans’ Af- Congressional Record on September 6, 2016. S. 386 fairs. (minus 1 nominee: Leslie L. Johnson) At the request of Mr. THUNE, the *Foreign Service nominations beginning By Mr. ROUNDS (for himself, Mr. WAR- with John Robert Adams and ending with NER, Mr. SCHUMER, Mr. TESTER, Mr. names of the Senator from Wyoming David M. Zwick, which nominations were re- KIRK, Ms. HEITKAMP, Mr. SCOTT, Mr. (Mr. BARRASSO) and the Senator from ceived by the Senate and appeared in the MORAN, Mr. VITTER, and Mr. DON- North Dakota (Mr. HOEVEN) were added Congressional Record on September 6, 2016. NELLY): as cosponsors of S. 386, a bill to limit *Nomination was reported with rec- S. 3404. A bill to amend the Federal De- the authority of States to tax certain ommendation that it be confirmed sub- posit Insurance Act to require the appro- income of employees for employment priate Federal banking agencies to treat cer- duties performed in other States. ject to the nominee’s commitment to tain municipal obligations as level 2B liquid respond to requests to appear and tes- assets, and for other purposes; to the Com- S. 540 tify before any duly constituted committee on Banking, Housing, and Urban Af- At the request of Ms. HEITKAMP, the mittee of the Senate. fairs. name of the Senator from California

VerDate Sep 11 2014 06:20 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A27SE6.015 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6140 CONGRESSIONAL RECORD — SENATE September 27, 2016 (Mrs. BOXER) was added as a cosponsor S. 2598 tion of control measures used by Inter- of S. 540, a bill to amend the Richard B. At the request of Ms. WARREN, the net ticket sellers to ensure equitable Russell National School Lunch Act to name of the Senator from South Caro- consumer access to tickets for any require the Secretary of Agriculture to lina (Mr. GRAHAM) was added as a co- given event, and for other purposes. make loan guarantees and grants to fi- sponsor of S. 2598, a bill to require the S. 3198 nance certain improvements to school Secretary of the Treasury to mint At the request of Mr. HATCH, the lunch facilities, to train school food coins in recognition of the 60th anni- names of the Senator from Illinois (Mr. service personnel, and for other pur- versary of the Naismith Memorial Bas- KIRK) and the Senator from Hawaii poses. ketball Hall of Fame. (Mr. SCHATZ) were added as cosponsors S. 1085 S. 2680 of S. 3198, a bill to amend title 38, At the request of Mrs. MURRAY, the At the request of Mr. ALEXANDER, the United States Code, to improve the names of the Senator from Minnesota name of the Senator from Ohio (Mr. provision of adult day health care serv- (Mr. FRANKEN) and the Senator from PORTMAN) was added as a cosponsor of ices for veterans. Massachusetts (Mr. MARKEY) were S. 2680, a bill to amend the Public S. 3292 added as cosponsors of S. 1085, a bill to Health Service Act to provide com- At the request of Mr. PORTMAN, the expand eligibility for the program of prehensive mental health reform, and name of the Senator from Alaska (Mr. comprehensive assistance for family for other purposes. SULLIVAN) was added as a cosponsor of caregivers of the Department of Vet- S. 2795 S. 3292, a bill to amend the Tariff Act erans Affairs, to expand benefits avail- At the request of Mr. INHOFE, the of 1930 to make the Postmaster General able to participants under such pro- name of the Senator from Arizona (Mr. the importer of record for the non-let- gram, to enhance special compensation FLAKE) was added as a cosponsor of S. ter class mail and to require the provi- for members of the uniformed services 2795, a bill to modernize the regulation sion of advance electronic information who require assistance in everyday life, of nuclear energy. about shipments of non-letter class and for other purposes. S. 3026 mail to U.S. Customs and Border Pro- S. 1127 At the request of Mr. SCHUMER, the tection, and for other purposes. At the request of Mr. REED, the name name of the Senator from Connecticut S. 3304 of the Senator from Minnesota (Mr. (Mr. BLUMENTHAL) was added as a co- At the request of Mr. THUNE, the FRANKEN) was added as a cosponsor of sponsor of S. 3026, a bill to amend the names of the Senator from West Vir- S. 1127, a bill to amend the Internal Communications Act of 1934 to expand ginia (Mrs. CAPITO), the Senator from Revenue Code of 1986 to expand the de- and clarify the prohibition on inac- Minnesota (Ms. KLOBUCHAR), the Sen- nial of deduction for certain excessive curate caller identification informa- ator from Iowa (Mrs. ERNST), the Sen- employee remuneration, and for other tion and to require providers of tele- ator from Iowa (Mr. GRASSLEY) and the purposes. phone service to offer technology to Senator from Arkansas (Mr. BOOZMAN) S. 1509 subscribers to reduce the incidence of were added as cosponsors of S. 3304, a At the request of Mr. CARPER, the unwanted telephone calls, and for other bill to direct the Secretary of Veterans name of the Senator from Kansas (Mr. purposes. Affairs to improve the Veterans Crisis ROBERTS) was added as a cosponsor of Line. S. 1509, a bill to amend title XVIII of S. 3065 the Social Security Act to provide for At the request of Mr. HATCH, the S. 3311 the coordination of programs to pre- name of the Senator from Maine (Ms. At the request of Mr. SASSE, the vent and treat obesity, and for other COLLINS) was added as a cosponsor of S. name of the Senator from Nevada (Mr. purposes. 3065, a bill to amend parts B and E of HELLER) was added as a cosponsor of S. title IV of the Social Security Act to 3311, a bill to amend the Internal Rev- S. 1559 invest in funding prevention and fam- enue Code of 1986 to exempt individuals At the request of Ms. AYOTTE, the name of the Senator from North Caro- ily services to help keep children safe whose health plans under the Con- and supported at home, to ensure that sumer Operated and Oriented Plan pro- lina (Mr. BURR) was added as a cosponsor of S. 1559, a bill to protect victims children in foster care are placed in the gram have been terminated from the of domestic violence, sexual assault, least restrictive, most family-like, and individual mandate penalty. stalking, and dating violence from appropriate settings, and for other pur- S. 3346 emotional and psychological trauma poses. At the request of Mr. CRUZ, the name caused by acts of violence or threats of At the request of Mr. WYDEN, the of the Senator from Washington (Mrs. violence against their pets. name of the Senator from Massachu- MURRAY) was added as a cosponsor of setts (Ms. WARREN) was added as a co- S. 1562 S. 3346, a bill to authorize the programs sponsor of S. 3065, supra. At the request of Mr. WYDEN, the of the National Aeronautics and Space name of the Senator from California S. 3111 Administration, and for other pur- (Mrs. BOXER) was added as a cosponsor At the request of Mr. PORTMAN, the poses. of S. 1562, a bill to amend the Internal name of the Senator from North Da- S. CON. RES. 51 Revenue Code of 1986 to reform tax- kota (Mr. HOEVEN) was added as a co- At the request of Mr. GRASSLEY, the ation of alcoholic beverages. sponsor of S. 3111, a bill to amend the names of the Senator from Alaska (Ms. S. 1991 Internal Revenue Code of 1986 to extend MURKOWSKI) and the Senator from At the request of Mr. MCCAIN, the the 7.5 percent threshold for the med- Idaho (Mr. CRAPO) were added as co- name of the Senator from Arizona (Mr. ical expense deduction for individuals sponsors of S. Con. Res. 51, a concur- FLAKE) was added as a cosponsor of S. age 65 or older. rent resolution expressing the sense of 1991, a bill to eliminate the sunset date S. 3153 Congress that those who served in the for the Choice Program of the Depart- At the request of Mr. ROUNDS, the bays, harbors, and territorial seas of ment of Veterans Affairs, to expand eli- name of the Senator from Arkansas the Republic of Vietnam during the pe- gibility for such program, and for other (Mr. BOOZMAN) was added as a cospon- riod beginning on January 9, 1962, and purposes. sor of S. 3153, a bill to require the Fed- ending on May 7, 1975, should be pre- S. 2175 eral financial institutions regulatory sumed to have been exposed to the At the request of Mr. TESTER, the agencies to take risk profiles and busi- toxin Agent Orange and should be eligi- name of the Senator from Wisconsin ness models of institutions into ac- ble for all related Federal benefits that (Ms. BALDWIN) was added as a cospon- count when taking regulatory actions, come with such presumption under the sor of S. 2175, a bill to amend title 38, and for other purposes. Agent Orange Act of 1991. United States Code, to clarify the role S. 3183 S. RES. 527 of podiatrists in the Department of At the request of Ms. CANTWELL, her At the request of Mr. UDALL, the Veterans Affairs, and for other pur- name was added as a cosponsor of S. name of the Senator from Maine (Ms. poses. 3183, a bill to prohibit the circumven- COLLINS) was added as a cosponsor of S.

VerDate Sep 11 2014 07:08 Nov 15, 2016 Jkt 049060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\RECORD16\SEP2016\S27SE6.REC S27SE6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6141 Res. 527, a resolution recognizing the There being no objection, the text of spect to a hotel, a person who has entered 75th anniversary of the opening of the the bill was ordered to be printed in into an affiliation contract with the hotel. National Gallery of Art. the RECORD, as follows: (6) THIRD PARTY ONLINE HOTEL RESERVATION SELLER.—The term ‘‘third party online hotel S. RES. 553 S. 3402 reservation seller’’ means any person that— At the request of Mrs. SHAHEEN, the Be it enacted by the Senate and House of Rep- (A) sells any good or service with respect name of the Senator from Florida (Mr. resentatives of the United States of America in to a hotel in a transaction effected on the RUBIO) was added as a cosponsor of S. Congress assembled, Internet; and Res. 553, a resolution expressing the SECTION 1. SHORT TITLE. (B) is not— sense of the Senate on the challenges This Act may be cited as the ‘‘Stop Online (i) a party directly affiliated with the the conflict in Syria poses to long-term Booking Scams Act of 2016’’. hotel; or (ii) an exhibition organizer or meeting stability and prosperity in Lebanon. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) FINDINGS.—Congress finds the fol- planner or the official housing bureau for a f lowing: meeting, conference, event, or exhibition STATEMENTS ON INTRODUCED (1) The Internet has become an important held at the hotel. BILLS AND JOINT RESOLUTIONS channel of commerce in the United States, SEC. 4. REQUIREMENTS FOR THIRD PARTY ON- accounting for billions of dollars in retail LINE HOTEL RESERVATION SELL- By Mr. DAINES (for himself, Mr. sales every year. ERS. (a) IN GENERAL.—It shall be unlawful for a NELSON, and Ms. KLOBUCHAR): (2) Hotel reservation transactions can be third party online hotel reservation seller to easily made online and online commerce has S. 3402. A bill to protect consumers charge or attempt to charge any consumer’s from deceptive practices with respect created a marketplace where consumers can credit card, debit card, bank account, or to online booking of hotel reservations, shop for hotels, flights, car rentals, and other financial account for any good or serv- and for other purposes; to the Com- other travel-related services and products ice sold in a transaction effected on the mittee on Commerce, Science, and across thousands of brands on a single plat- Internet with respect to a hotel unless the form. Transportation. third party online hotel reservation seller— (3) Consumers should have the utmost clar- (1) clearly and conspicuously discloses to Mr. DAINES. Mr. President, the trav- ity as to the company with which such con- el and tourism industry plays a signifi- the consumer all material terms of the sumers are transacting business online. transaction, including— cant role in the U.S. economy. Travel (4) Actions by third party sellers that mis- (A) before the conclusion of the trans- and tourism contributed over $480 bil- appropriate brand identity, trademark, or action— lion to the U.S. GDP last year. In Mon- other marketing content are harmful to con- (i) a description of the good or service tana, tourism is one of our leading in- sumers. being offered; and dustries. Every year, visitors spend (5) Platforms offered by online travel agen- (ii) the cost of such good or service; and cies provide consumers with a valuable tool (B) in a manner that is continuously visi- over $3 billion in our state which sup- for comparative shopping for hotels and ports jobs and reduces taxes for Mon- ble to the consumer throughout the trans- should not be mistaken for the unlawful action process, the fact that the person is a tana residents. third-party actors that commit such mis- The development of the online mar- third party online hotel reservation seller appropriation. and is not— ketplace has made it easier than ever (6) The misleading and deceptive sales tac- (i) affiliated with the person who owns the for travelers to do research, plan trips, tics companies use against customers book- hotel or provides the hotel services or ac- and make reservations online. Online ing hotel rooms online have resulted in the commodations; or platforms allow customers to compare loss of sensitive financial and personal infor- (ii) an exhibition organizer or meeting thousands of brands in one place. As a mation, financial harm, and headache for planner or the official housing bureau for a consumers. result, the number of hotel reserva- meeting, conference, event, or exhibition (b) SENSE OF CONGRESS.—It is the sense of held at the hotel; or tions made online has surged over the Congress that— past several years. There are now up to (2) includes prominent and continuous dis- (1) consumers benefit from the ability to closure of the brand identity of the third 480 bookings every minute. As the shop for travel-related services and products party online hotel reservation seller number of online bookings has in- on the innovative platforms offered by on- throughout the transaction process, both on- creased, there has also been an increase line travel agencies; line and over the phone. in the number of online booking scams. (2) sellers on the Internet should provide (b) ENFORCEMENT BY COMMISSION.— Illegitimate reservation sellers pose consumers with clear, accurate information (1) UNFAIR OR DECEPTIVE ACTS OR PRAC- and such sellers should have an opportunity TICES.—A violation of subsection (a) by a as hotel websites, leading consumers to to compete fairly with one another; and believe they are booking directly with person subject to such subsection shall be (3) the Federal Trade Commission should treated as a violation of a rule defining an the hotel, when in fact they are book- revise the Internet website of the Commis- unfair or deceptive act or practice prescribed ing with an unrelated third party. sion to make it easier for consumers and under section 18(a)(1)(B) of the Federal Trade Transactions on these sites can result businesses to report complaints of deceptive Commission Act (15 U.S.C. 57a(a)(1)(B)). in additional hidden fees, loss of ex- practices with respect to online booking of (2) POWERS OF COMMISSION.— pected loyalty points, or even con- hotel reservations. (A) IN GENERAL.—The Commission shall en- firmation of reservations that were SEC. 3. DEFINITIONS. force this section in the same manner, by the never made. One study found that as In this Act: same means, and with the same jurisdiction, many as 15 million bookings a year are (1) AFFILIATION CONTRACT.—The term ‘‘af- powers, and duties as though all applicable filiation contract’’ means, with respect to a terms and provisions of the Federal Trade affected by fraudulent websites. hotel, a contract with the owner of the hotel, Commission Act (15 U.S.C. 41 et seq.) were That is why I am proud to introduce the entity that manages the hotel, or the incorporated into and made a part of this the Stop Online Booking Scams Act of franchisor of the hotel to provide online Act. 2016 with my colleague Senator NEL- hotel reservation services for the hotel. (B) PRIVILEGES AND IMMUNITIES.—Any per- SON. The bill requires third party sites (2) COMMISSION.—The term ‘‘Commission’’ son who violates this section shall be subject to disclose that they are not affiliated means the Federal Trade Commission. to the penalties and entitled to the privi- with the hotel, providing clarity and (3) EXHIBITION ORGANIZER OR MEETING PLAN- leges and immunities provided in the Federal transparency to consumers booking on- NER.—The term ‘‘exhibition organizer or Trade Commission Act (15 U.S.C. 41 et seq.). meeting planner’’ means the person respon- line. It also empowers state attorneys (C) RULEMAKING.— sible for all aspects of planning, promoting, (i) IN GENERAL.—The Commission may pro- general to pursue cases on behalf of and producing a meeting, conference, event, mulgate such rules as the Commission con- consumers who have been scammed. or exhibition, including overseeing and ar- siders appropriate to enforce this section. Providing clear disclosures that reveal ranging all hotel reservation plans and con- (ii) PROCEDURES.—The Commission shall the true identity of websites will give tracts for the meeting, conference, event, or carry out any rulemaking under clause (i) in confidence to the millions of con- exhibition. accordance with section 553 of title 5, United sumers who make reservations online (4) OFFICIAL HOUSING BUREAU.—The term States Code. every year. I ask my colleagues to join ‘‘official housing bureau’’ means the organi- (c) ENFORCEMENT BY STATES.— zation designated by an exhibition organizer (1) IN GENERAL.—In any case in which the me in cosponsoring this much needed or meeting planner to provide hotel reserva- attorney general of a State has reason to be- legislation. tion services for meetings, conferences, lieve that an interest of the residents of the Mr. President, I ask unanimous con- events, or exhibitions. State has been or is threatened or adversely sent that the text of the bill be printed (5) PARTY DIRECTLY AFFILIATED.—The term affected by the engagement of any person in the RECORD. ‘‘party directly affiliated’’ means, with re- subject to subsection (a) in a practice that

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A27SE6.020 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6142 CONGRESSIONAL RECORD — SENATE September 27, 2016 violates such subsection, the attorney gen- By Mr. DAINES (for himself and (3) Ammunition for such firearms exclud- eral of the State may, as parens patriae, Mrs. CAPITO): ing caseless ammunition. bring a civil action on behalf of the residents S. 3405. A bill to transfer certain (4) Silencers, mufflers, and sound and flash of the State in an appropriate district court items from the United States Muni- suppressors. of the United States to obtain appropriate tions List to the Commerce Control (5) Rifle scopes. relief. (6) Barrels, cylinders, receivers (frames), or (2) RIGHTS OF FEDERAL TRADE COMMISSION.— List; to the Committee on Banking, complete breech mechanisms. (A) NOTICE TO FEDERAL TRADE COMMIS- Housing, and Urban Affairs. (7) Related components, parts, accessories, SION.— Mr. DAINES. Mr. President, for Mon- attachments, tooling, and equipment for any (i) IN GENERAL.—Except as provided in tanans, gunsmithing goes hand-in-hand articles listed in paragraphs (1) through (6). clause (iii), the attorney general of a State with hunting and sport shooting. (c) EFFECTIVE DATE.—This section shall shall notify the Commission in writing that Sometimes the difference between a take effect 180 days after the date of the en- the attorney general intends to bring a civil successful hunt and an unfulfilled tag actment of this Act and shall not apply to action under paragraph (1) before initiating can be a needed modification on a rifle. any export license issued before such effec- the civil action against a person subject to Throughout Montana and across Amer- tive date or to any export license application subsection (a). made under the United States Munitions (ii) CONTENTS.—The notification required ica, hundreds of thousands of gun- List before such effective date. by clause (i) with respect to a civil action smiths make sure that our firearms are shall include a copy of the complaint to be setup to our custom specifications. f filed to initiate the civil action. Many of these gunsmiths do so as a SUBMITTED RESOLUTIONS (iii) EXCEPTION.—If it is not feasible for the side project or hobby, making a little attorney general of a State to provide the extra income in the process. notification required by clause (i) before ini- Recently, the Directorate of Defense tiating a civil action under paragraph (1), SENATE RESOLUTION 580—SUP- the attorney general shall notify the Com- Trade Controls, DDTC, issued guidance PORTING THE ESTABLISHMENT mission immediately upon instituting the that changed the definition of a manu- OF A PRESIDENT’S YOUTH COUN- civil action. facturer under the International Traf- CIL (B) INTERVENTION BY FEDERAL TRADE COM- fic m Arms Regulations, ITAR, to be so Mr. BOOKER (for himself and Mr. MISSION.—The Commission may— broad that could include these gun- (i) intervene in any civil action brought by HATCH) submitted the following resolu- smiths and require them to register as tion; which was referred to the Com- the attorney general of a State under para- manufacturers, which includes an an- graph (1) against a person described in sub- mittee on Health, Education, Labor, section (d)(1); and nual $2,250 fee. ITAR was intended to and Pensions: (ii) upon intervening— control the production and exportation S. RES. 580 (I) be heard on all matters arising in the of products essential to our national civil action; and security, such as those intended only Now, therefore, be it (II) file petitions for appeal of a decision in for military use, but not to unneces- Resolved, That the Senate— the civil action. (1) supports the creation of a Federal sarily hinder American business and youth advisory council, to be known as the (3) INVESTIGATORY POWERS.—Nothing in innovation or undermine the Second this subsection may be construed to prevent Presidential Youth Council (referred to in the attorney general of a State from exer- Amendment. this Act as the ‘‘Council’’), to be privately cising the powers conferred on the attorney That is why I am proud to introduce funded, which shall— general by the laws of the State to conduct the Export Control Reform Act of 2016 (A) advise the President on the creation investigations, to administer oaths or affir- with my colleague Senator CAPITO. The and implementation of new Federal policies mations, or to compel the attendance of wit- bill transfers regulatory responsibility and programs that pertain to and affect nesses or the production of documentary or for common, domestic firearms and re- American youth; other evidence. lated items from the Department of (B) provide recommendations on ways to make existing policies and programs that (4) STATE COORDINATION WITH FEDERAL State to the Commerce Department, to TRADE COMMISSION.—If the Commission insti- pertain to and affect American youth more tutes a civil action or an administrative ac- be regulated like any other commercial efficient and effective, through investment tion with respect to a violation of subsection business—allowing small business to from relevant bodies, for delivery of youth (a), the attorney general of a State shall co- continue to serve hunters and sports services nationwide; and ordinate with the Commission before bring- shooters. (C) carry out activities to solicit the ing a civil action under paragraph (1) against Mr. President, I ask unanimous con- unique views and perspectives of young peo- any defendant named in the complaint of the sent that the text of the bill be printed ple and bring those views and perspectives to the attention of the head of each department Commission for the violation with respect to in the RECORD. which the Commission instituted such ac- There being no objection, the text of or agency of the Federal Government and Congress, as needed, or on a case-by-case tion. the bill was ordered to be printed in (5) VENUE; SERVICE OF PROCESS.— basis; and (A) VENUE.—Any action brought under the RECORD, as follows: (2) recommends that the members of the paragraph (1) may be brought in— S. 3405 President’s Youth Council be composed of 24 (i) the district court of the United States Be it enacted by the Senate and House of Rep- young Americans— that meets applicable requirements relating resentatives of the United States of America in (A) of which— to venue under section 1391 of title 28, United Congress assembled, (i) four members shall be appointed by the States Code; or SECTION 1. SHORT TITLE. President; (ii) another court of competent jurisdic- This Act may be cited as the ‘‘Export Con- (ii) the Speaker of the House of Represent- tion. trol Reform Act of 2016’’. atives shall appoint— (B) SERVICE OF PROCESS.—In an action SEC. 2. EXPORT CONTROLS ON CERTAIN ITEMS. (I) if the Speaker belongs to the same po- brought under paragraph (1), process may be (a) IN GENERAL.—Notwithstanding section litical party as the President, 4 members; or served in any district in which the defend- 38(f) of the Arms Export Control Act (22 (II) if the Speaker does not belong to the ant— U.S.C. 2778(f)) or any other provision of law, same political party as the President, 6 (i) is an inhabitant; or all items described in subsection (b) that are members; (ii) may be found. on the United States Munitions List and (iii) the Minority Leader of the House of (6) ACTIONS BY OTHER STATE OFFICIALS.— controlled under section 38 of the Arms Ex- Representatives shall appoint— (A) IN GENERAL.—In addition to civil ac- port Control Act (22 U.S.C. 2778) on the date (I) if the Minority Leader belongs to the tions brought by attorneys general under of the enactment of this Act shall be trans- same political party as the President, 4 paragraph (1), any other officer of a State ferred to the Commerce Control List of dual- members; or who is authorized by the State to do so may use items in the Export Administration Reg- (II) if the Minority Leader does not belong bring a civil action under paragraph (1), sub- ulations (15 C.F.R. part 730 et seq.). to the same political party as the President, ject to the same requirements and limita- (b) TRANSFERRED ITEMS.—The items re- 6 members; tions that apply under this subsection to ferred to in subsection (a) are the following: (iv) the Majority Leader of the Senate civil actions brought by attorneys general. (1) Non-automatic and semi-automatic shall appoint— (B) SAVINGS PROVISION.—Nothing in this firearms, including all rifles, carbines, pis- (I) if the Majority Leader belongs to the subsection may be construed to prohibit an tols, revolvers and shotguns. same political party as the President, 4 authorized official of a State from initiating (2) Non-automatic and non-semi-automatic members; or or continuing any proceeding in a court of rifles, carbines, revolvers, or pistols of a cal- (II) if the Majority Leader does not belong the State for a violation of any civil or iber greater than .50 inches (12.7 mm) up to to the same political party as the President, criminal law of the State. and including .72 inches (18.0 mm). 6 members; and

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A27SE6.027 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6143 (v) the Minority Leader of the Senate shall Whereas the Senate has confirmed justices sion unless, by the date on which the period appoint— of the Supreme Court in election years in of adjournment begins or the date of the pro (I) if the Minority Leader belongs to the which the executive and legislative branches forma session, the Senate has taken action same political party as the President, 4 of the Federal Government were divided be- on any nomination made by the President members; or tween 2 political parties, including con- for a position as a justice of the Supreme (II) if the Minority Leader does not belong firming Associate Justice Anthony Kennedy Court of the United States by— to the same political party as the President, in 1988; (1) holding a hearing on the nomination in 6 members; Whereas the Committee on the Judiciary the Committee on the Judiciary of the Sen- (B) who are between 16 and 24 years of age; of the Senate has never denied a hearing to ate; (C) who have participated in a public pol- a nominee to be a justice of the Supreme (2) holding a vote on the nomination in the icy-related program, outreach initiative, in- Court since the committee began holding Committee on the Judiciary of the Senate; ternship, fellowship, or Congressional, State, public confirmation hearings for such nomi- and or local government-sponsored youth advi- nees in 1916; (3) holding a confirmation vote on the sory council; Whereas the Committee on the Judiciary nomination in the full Senate. (D) who can constructively contribute to of the Senate has a long tradition of report- (b) ADJOURNING AND RECESSING.—During policy deliberations; ing nominees to be a justice of the Supreme the period beginning on September 27, 2016 (E) who can conduct outreach to solicit the Court for consideration by the full Senate, and ending on the date on which the require- views and perspectives of peers; and even in cases in which the nominee lacked ments under paragraphs (1), (2), and (3) of (F) who have backgrounds that reflect the the support of a majority of the committee, subsection (a) are met— racial, socioeconomic, and geographic diver- including the nominations of Associate Jus- (1) a motion to adjourn or to recess the sity of the United States. tice Clarence Thomas in 1991 and Robert Senate, or any resolution or order of the f Bork in 1987; Senate including a provision that the Senate Whereas the Federal Judiciary is a coequal adjourn at a time certain, shall be decided by SENATE RESOLUTION 581—PROHIB- branch of the Federal Government and the a yea-or-nay vote, and agreed to upon an af- ITING THE SENATE FROM AD- Supreme Court serves an essential function firmative vote of two-thirds of the Senators JOURNING, RECESSING, OR CON- resolving questions of law that affect the voting, a quorum being present; VENING IN A PRO FORMA SES- economy and people of the United States and (2) if a quorum is present, the Presiding Of- SION UNLESS THE SENATE HAS the protection of the United States and its ficer shall not entertain a request to adjourn PROVIDED A HEARING AND A communities; or recess the Senate by unanimous consent Whereas forcing the Supreme Court to or to vitiate the yeas and nays on such a mo- VOTE ON THE PENDING NOMINA- function with only 8 sitting justices has cretion by unanimous consent; and TION TO THE POSITION OF JUS- ated several instances, and risks creating (3) if the Senate adjourns due to the ab- TICE OF THE SUPREME COURT more instances, in which the justices are sence of a quorum, the Senate shall recon- OF THE UNITED STATES evenly divided as to the outcome of a case, vene 2 hours after the time at which it ad- Mr. BLUMENTHAL (for himself, Mr. preventing the Supreme Court from resolv- journs and ascertain the presence of a ing conflicting interpretations of the law quorum. LEAHY, Ms. BALDWIN, Mr. BENNET, Mr. from different regions of the United States (c) NO SUSPENSION OF REQUIREMENTS.—The BOOKER, Mrs. BOXER, Mr. BROWN, Ms. and thereby undermining the constitutional Presiding Officer may not entertain a re- CANTWELL, Mr. CARDIN, Mr. CARPER, function of the Supreme Court as the final quest to suspend the operation of this resolu- Mr. CASEY, Mr. COONS, Mr. DONNELLY, arbiter of the law; tion by unanimous consent or motion. Mr. DURBIN, Mrs. FEINSTEIN, Mr. Whereas the Supreme Court recusal policy (d) CONSISTENCY WITH SENATE EMERGENCY FRANKEN, Mrs. GILLIBRAND, Mr. HEIN- adopted in 1993 and signed by Chief Justice PROCEDURES AND PRACTICES.—Nothing in RICH, Ms. HEITKAMP, Ms. HIRONO, Mr. William H. Rehnquist, Associate Justices this resolution shall be construed in a man- John Paul Stevens, Antonin Scalia, Sandra ner that is inconsistent with S. Res. 296 KAINE, Ms. KLOBUCHAR, Mr. MARKEY, Day O’Connor, Anthony Kennedy, Clarence (108th Congress) or any other emergency pro- Mrs. MCCASKILL, Mr. MENENDEZ, Mr. Thomas, and Ruth Bader Ginsburg, and later cedures or practices of the Senate. MERKLEY, Ms. MIKULSKI, Mr. MURPHY, adopted by Chief Justice John Roberts, Mrs. MURRAY, Mr. PETERS, Mr. REED, stresses that ‘‘even one unnecessary recusal f Mr. REID, Mr. SANDERS, Mr. SCHATZ, impairs the functioning of the Court’’ and Mr. SCHUMER, Mrs. SHAHEEN, Ms. STA- that ‘‘needless recusal deprives litigants of SENATE RESOLUTION 582—RECOG- BENOW, Mr. TESTER, Mr. UDALL, Mr. the nine Justices to which they are entitled, NIZING AND HONORING THE LIFE WARNER, Ms. WARREN, Mr. WHITE- produces the possibility of an even division on the merits of the case, and has a dis- OF JOSE FERNANDEZ HOUSE, and Mr. WYDEN) submitted the torting effect on the certiorari process, re- Mr. RUBIO (for himself and Mr. NEL- following resolution; which was requiring the petition to obtain (under our cur- SON) submitted the following resolu- ferred to the Committee on Rules and rent practice) four votes out of eight instead Administration: of four out of nine’’; tion; which was referred to the Com- S. RES. 581 Whereas since 1975, the average number of mittee on the Judiciary: Whereas the Constitution of the United days from nomination to confirmation vote S. RES. 582 States provides that the President shall for a nominee to be a justice of the Supreme Whereas Jose Fernandez was born in Santa ‘‘nominate, and by and with the advice and Court has been 70 days; Clara, Cuba, on July 31, 1992; consent of the Senate, shall appoint’’ jus- Whereas the vacancy on the Supreme Whereas Jose Fernandez attempted to es- tices of the Supreme Court of the United Court caused by the death of Associate Jus- cape Cuba on 4 separate occasions and was States (in this preamble referred to as the tice Antonin Scalia arose on February 13, imprisoned by the Cuban government for ‘‘Supreme Court’’); 2016, and the days since the occurrence of doing so; Whereas the constitutional duty of the that vacancy now number more than 200 Whereas during one of his attempts to es- Senate of providing advice and consent on days; and cape Cuba, Jose Fernandez saved the life of nominees to be a justice of the Supreme Whereas on March 16, 2016, President his mother by diving into the water to res- Court is one of the most important and sol- Obama nominated Merrick B. Garland, Chief cue her after she fell into the Yucatan chan- emn responsibilities of the Senate; Judge of the United States Court of Appeals nel; Whereas the Senate has taken action on for the District of Columbia Circuit, to fill Whereas Jose Fernandez came to the every pending nominee to fill a vacancy on the Supreme Court vacancy caused by the United States on April 5, 2008; the Supreme Court in the last 100 years; death of Associate Justice Antonin Scalia: Whereas Jose Fernandez was a graduate of Whereas the Senate has confirmed 13 jus- Now, therefore, be it Braulio Alonso High School in Tampa, Flor- tices of the Supreme Court in the month of Resolved, ida; September, including Chief Justice John SECTION 1. SHORT TITLE. Whereas Jose Fernandez was drafted by the Roberts and Justice Antonin Scalia; This resolution may be cited as the ‘‘No Miami Marlins in the first round of the 2011 Whereas there has never been a time in Vote No Recess Resolution’’. Major League Baseball Draft as the 14th history when an elected President has been SEC. 2. PROHIBITING ADJOURNMENT OR PRO overall selection; denied the ability to fill a Supreme Court va- FORMA SESSIONS UNTIL ACTION ON Whereas Jose Fernandez signed with the cancy, by and with the advice and consent of NOMINEE TO SUPREME COURT. Marlins on August 15, 2011; the Senate, prior to the election of the next (a) PROHIBITION.—During the period begin- Whereas Jose Fernandez started his first President; ning on September 27, 2016 and ending on the Major League Baseball game on April 7, 2013; Whereas the Senate has confirmed more last day of the 114th Congress, the Senate Whereas Jose Fernandez won the 2013 Na- than a dozen justices of the Supreme Court shall not adjourn, remain adjourned, or re- tional League Rookie of the Year award; in presidential election years, including 5 in cess for a period of more than 2 days and Whereas, in 2013, after more than 5 years the last 100 years; shall not convene solely in a pro forma ses- and with the help of the Marlins, Jose

VerDate Sep 11 2014 05:33 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A27SE6.031 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6144 CONGRESSIONAL RECORD — SENATE September 27, 2016 Fernandez was reunited with his grand- Title II—Department of Veterans Affairs this amount, not to exceed $88,230,000 shall mother, whom he called the love of his life; Title III—Related agencies be available for study, planning, design, and Whereas Jose Fernandez became a United Title IV—Overseas contingency operations architect and engineer services, as author- States citizen on April 24, 2015; Title V—General provisions ized by law, unless the Secretary of the Navy Whereas Jose Fernandez was a 2-time All- DIVISION B—ZIKA RESPONSE AND PRE- determines that additional obligations are Star, with a career record of 38 wins, 17 PAREDNESS APPROPRIATIONS ACT, necessary for such purposes and notifies the losses, 589 strikeouts, and a 2.58 earned run 2016 Committees on Appropriations of both average; Houses of Congress of the determination and DIVISION C—CONTINUING Whereas Jose Fernandez gave back to his the reasons therefor. community through charities such as Live APPROPRIATIONS ACT, 2017 MILITARY CONSTRUCTION, AIR FORCE Like Bella, the Marlins Foundation, and the DIVISION D—RESCISSIONS OF FUNDS For acquisition, construction, installation, Marlins Ayudan; SEC. 3. REFERENCES. Whereas, on September 25, 2016, Jose and equipment of temporary or permanent Except as expressly provided otherwise, public works, military installations, facili- Fernandez died in a tragic boating accident any reference to ‘‘this Act’’ contained in any with his 2 friends, Emilio Macias and ties, and real property for the Air Force as division of this Act shall be treated as refer- Eduardo Rivero; currently authorized by law, $1,491,058,000, to ring only to the provisions of that division. Whereas Emilio Macias and Eduardo remain available until September 30, 2021: Rivero graduated from G. Holmes Braddock SEC. 4. STATEMENT OF APPROPRIATIONS. Provided, That of this amount, not to exceed Senior High School in Miami, Florida; The following sums in this Act are appro- $143,582,000 shall be available for study, plan- Whereas Jose Fernandez, through his hard priated, out of any money in the Treasury ning, design, and architect and engineer work, devotion, and optimism, brought great not otherwise appropriated, for the fiscal services, as authorized by law, unless the joy to his family, especially his mother and year ending September 30, 2017. Secretary of the Air Force determines that grandmother; and SEC. 5. AVAILABILITY OF FUNDS. additional obligations are necessary for such Whereas Jose Fernandez’s pursuit of the Each amount designated in this Act by the purposes and notifies the Committees on Ap- American dream was a great source of pride Congress as an emergency requirement pur- propriations of both Houses of Congress of for the Cuban exile community of the United suant to section 251(b)(2)(A)(i) of the Bal- the determination and the reasons therefor: States: Now, therefore, be it anced Budget and Emergency Deficit Control Provided further, That none of the funds made Resolved, That the Senate— Act of 1985 shall be available (or rescinded, if available under this heading shall be for con- (1) honors the life and accomplishments of applicable) only if the President subse- struction of the Joint Intelligence Analysis Jose Fernandez; Complex Consolidation, Phase 3, at Royal (2) offers heartfelt condolences to— quently so designates all such amounts and Air Force Croughton, United Kingdom, un- (A) the family, friends, loved ones, and transmits such designations to the Congress. less authorized in an Act authorizing appro- teammates of Jose Fernandez; and SEC. 6. EXPLANATORY STATEMENT. (B) the family and friends of Emilio Macias (a) The explanatory statement regarding priations for fiscal year 2017 for military and Eduardo Rivero; this Act, printed in the Senate section of the construction. (3) commends the significant contributions Congressional Record on or about September MILITARY CONSTRUCTION, DEFENSE-WIDE that Jose Fernandez made, on and off the 22, 2016, by the Chairman of the Committee (INCLUDING TRANSFER OF FUNDS) field, to— on Appropriations of the Senate, shall have For acquisition, construction, installation, (A) the City of Tampa, Florida; the same effect with respect to the alloca- and equipment of temporary or permanent (B) the City of Miami, Florida; and tion of funds and implementation of divi- public works, installations, facilities, and (C) the State of Florida; and (4) recognizes the memory of Jose sions A through D of this Act as if it were a real property for activities and agencies of Fernandez as an inspiration for all who seek joint explanatory statement of a committee the Department of Defense (other than the freedom and a better life in the United of conference. military departments), as currently author- States. (b) Any reference to the ‘‘joint explanatory ized by law, $2,025,444,000, to remain avail- statement accompanying this Act’’ con- able until September 30, 2021: Provided, That f tained in division A of this Act shall be con- such amounts of this appropriation as may AMENDMENTS SUBMITTED AND sidered to be a reference to the explanatory be determined by the Secretary of Defense PROPOSED statement described in subsection (a). may be transferred to such appropriations of DIVISION A—MILITARY CONSTRUCTION, the Department of Defense available for SA 5103. Mr. McCONNELL submitted an VETERANS AFFAIRS, AND RELATED military construction or family housing as amendment intended to be proposed by him AGENCIES APPROPRIATIONS ACT, 2017 the Secretary may designate, to be merged to the bill H.R. 5325, making appropriations TITLE I with and to be available for the same pur- for the Legislative Branch for the fiscal year poses, and for the same time period, as the ending September 30, 2017, and for other pur- DEPARTMENT OF DEFENSE appropriation or fund to which transferred: poses; which was ordered to lie on the table. MILITARY CONSTRUCTION, ARMY Provided further, That of the amount appro- SA 5104. Mr. GRAHAM submitted an priated, not to exceed $180,775,000 shall be amendment intended to be proposed by him For acquisition, construction, installation, available for study, planning, design, and ar- to the bill H.R. 5325, supra; which was or- and equipment of temporary or permanent chitect and engineer services, as authorized dered to lie on the table. public works, military installations, facilities, and real property for the Army as cur- by law, unless the Secretary of Defense de- f rently authorized by law, including per- termines that additional obligations are nec- TEXT OF AMENDMENTS sonnel in the Army Corps of Engineers and essary for such purposes and notifies the other personal services necessary for the Committees on Appropriations of both SA 5103. Mr. MCCONNELL submitted purposes of this appropriation, and for con- Houses of Congress of the determination and an amendment intended to be proposed struction and operation of facilities in sup- the reasons therefor. by him to the bill H.R. 5325, making ap- port of the functions of the Commander in MILITARY CONSTRUCTION, ARMY NATIONAL propriations for the Legislative Branch Chief, $513,459,000, to remain available until GUARD for the fiscal year ending September 30, September 30, 2021: Provided, That, of this For construction, acquisition, expansion, 2017, and for other purposes; which was amount, not to exceed $98,159,000 shall be rehabilitation, and conversion of facilities ordered to lie on the table; as follows: available for study, planning, design, archi- for the training and administration of the tect and engineer services, and host nation Army National Guard, and contributions In lieu of the matter proposed to be in- support, as authorized by law, unless the serted, insert the following: therefor, as authorized by chapter 1803 of Secretary of the Army determines that addi- title 10, United States Code, and Military SECTION 1. SHORT TITLE. tional obligations are necessary for such pur- Construction Authorization Acts, This Act may be cited as the ‘‘Continuing poses and notifies the Committees on Appro- $232,930,000, to remain available until Sep- Appropriations and Military Construction, priations of both Houses of Congress of the tember 30, 2021: Provided, That, of the Veterans Affairs, and Related Agencies Ap- determination and the reasons therefor. amount appropriated, not to exceed $8,729,000 propriations Act, 2017, and Zika Response shall be available for study, planning, design, and Preparedness Act’’. MILITARY CONSTRUCTION, NAVY AND MARINE CORPS and architect and engineer services, as au- SEC. 2. TABLE OF CONTENTS. thorized by law, unless the Director of the Sec. 1. Short title. For acquisition, construction, installation, Sec. 2. Table of contents. and equipment of temporary or permanent Army National Guard determines that addi- Sec. 3. References. public works, naval installations, facilities, tional obligations are necessary for such pur- Sec. 4. Statement of appropriations. and real property for the Navy and Marine poses and notifies the Committees on Appro- Sec. 5. Availability of funds. Corps as currently authorized by law, includ- priations of both Houses of Congress of the Sec. 6. Explanatory statement. ing personnel in the Naval Facilities Engi- determination and the reasons therefor. DIVISION A—MILITARY CONSTRUCTION, neering Command and other personal serv- MILITARY CONSTRUCTION, AIR NATIONAL VETERANS AFFAIRS, AND RELATED ices necessary for the purposes of this appro- GUARD AGENCIES APPROPRIATIONS ACT, 2017 priation, $1,021,580,000, to remain available For construction, acquisition, expansion, Title I—Department of Defense until September 30, 2021: Provided, That, of rehabilitation, and conversion of facilities

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A27SE6.033 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6145

for the training and administration of the DEPARTMENT OF DEFENSE BASE CLOSURE SEC. 103. Funds made available in this title Air National Guard, and contributions there- ACCOUNT for construction may be used for advances to for, as authorized by chapter 1803 of title 10, For deposit into the Department of De- the Federal Highway Administration, De- United States Code, and Military Construc- fense Base Closure Account, established by partment of Transportation, for the con- tion Authorization Acts, $143,957,000, to re- section 2906(a) of the Defense Base Closure struction of access roads as authorized by main available until September 30, 2021: Pro- and Realignment Act of 1990 (10 U.S.C. 2687 section 210 of title 23, United States Code, vided, That, of the amount appropriated, not note), $240,237,000, to remain available until when projects authorized therein are cer- to exceed $10,462,000 shall be available for expended. tified as important to the national defense by the Secretary of Defense. study, planning, design, and architect and FAMILY HOUSING CONSTRUCTION, ARMY engineer services, as authorized by law, un- SEC. 104. None of the funds made available For expenses of family housing for the less the Director of the Air National Guard in this title may be used to begin construc- Army for construction, including acquisi- determines that additional obligations are tion of new bases in the United States for tion, replacement, addition, expansion, ex- necessary for such purposes and notifies the which specific appropriations have not been tension, and alteration, as authorized by Committees on Appropriations of both made. law, $157,172,000, to remain available until Houses of Congress of the determination and SEC. 105. None of the funds made available September 30, 2021. the reasons therefor. in this title shall be used for purchase of FAMILY HOUSING OPERATION AND land or land easements in excess of 100 per- MILITARY CONSTRUCTION, ARMY RESERVE MAINTENANCE, ARMY cent of the value as determined by the Army For construction, acquisition, expansion, For expenses of family housing for the Corps of Engineers or the Naval Facilities rehabilitation, and conversion of facilities Army for operation and maintenance, includ- Engineering Command, except: (1) where for the training and administration of the ing debt payment, leasing, minor construc- there is a determination of value by a Fed- Army Reserve as authorized by chapter 1803 tion, principal and interest charges, and in- eral court; (2) purchases negotiated by the of title 10, United States Code, and Military surance premiums, as authorized by law, Attorney General or the designee of the At- Construction Authorization Acts, $68,230,000, $325,995,000. torney General; (3) where the estimated to remain available until September 30, 2021: value is less than $25,000; or (4) as otherwise FAMILY HOUSING CONSTRUCTION, NAVY AND Provided, That, of the amount appropriated, determined by the Secretary of Defense to be MARINE CORPS not to exceed $7,500,000 shall be available for in the public interest. study, planning, design, and architect and For expenses of family housing for the SEC. 106. None of the funds made available engineer services, as authorized by law, un- Navy and Marine Corps for construction, in- in this title shall be used to: (1) acquire land; less the Chief of the Army Reserve deter- cluding acquisition, replacement, addition, (2) provide for site preparation; or (3) install mines that additional obligations are nec- expansion, extension, and alteration, as au- utilities for any family housing, except hous- essary for such purposes and notifies the thorized by law, $94,011,000, to remain avail- ing for which funds have been made available Committees on Appropriations of both able until September 30, 2021. in annual Acts making appropriations for Houses of Congress of the determination and FAMILY HOUSING OPERATION AND military construction. the reasons therefor. MAINTENANCE, NAVY AND MARINE CORPS SEC. 107. None of the funds made available in this title for minor construction may be MILITARY CONSTRUCTION, NAVY RESERVE For expenses of family housing for the Navy and Marine Corps for operation and used to transfer or relocate any activity For construction, acquisition, expansion, from one base or installation to another, rehabilitation, and conversion of facilities maintenance, including debt payment, leasing, minor construction, principal and inter- without prior notification to the Committees for the training and administration of the re- on Appropriations of both Houses of Con- serve components of the Navy and Marine est charges, and insurance premiums, as authorized by law, $300,915,000. gress. Corps as authorized by chapter 1803 of title SEC. 108. None of the funds made available 10, United States Code, and Military Con- FAMILY HOUSING CONSTRUCTION, AIR FORCE in this title may be used for the procurement struction Authorization Acts, $38,597,000, to For expenses of family housing for the Air of steel for any construction project or activ- remain available until September 30, 2021: Force for construction, including acquisi- ity for which American steel producers, fab- Provided, That, of the amount appropriated, tion, replacement, addition, expansion, ex- ricators, and manufacturers have been de- not to exceed $3,783,000 shall be available for tension, and alteration, as authorized by nied the opportunity to compete for such study, planning, design, and architect and law, $61,352,000, to remain available until steel procurement. engineer services, as authorized by law, un- September 30, 2021. SEC. 109. None of the funds available to the less the Secretary of the Navy determines FAMILY HOUSING OPERATION AND Department of Defense for military con- that additional obligations are necessary for MAINTENANCE, AIR FORCE struction or family housing during the cur- such purposes and notifies the Committees For expenses of family housing for the Air rent fiscal year may be used to pay real property taxes in any foreign nation. on Appropriations of both Houses of Con- Force for operation and maintenance, in- SEC. 110. None of the funds made available gress of the determination and the reasons cluding debt payment, leasing, minor con- therefor. in this title may be used to initiate a new instruction, principal and interest charges, and stallation overseas without prior notifica- ILITARY CONSTRUCTION, AIR FORCE RESERVE M insurance premiums, as authorized by law, tion to the Committees on Appropriations of For construction, acquisition, expansion, $274,429,000. both Houses of Congress. rehabilitation, and conversion of facilities FAMILY HOUSING OPERATION AND SEC. 111. None of the funds made available for the training and administration of the MAINTENANCE, DEFENSE-WIDE in this title may be obligated for architect Air Force Reserve as authorized by chapter For expenses of family housing for the ac- and engineer contracts estimated by the 1803 of title 10, United States Code, and Mili- tivities and agencies of the Department of Government to exceed $500,000 for projects to tary Construction Authorization Acts, Defense (other than the military depart- be accomplished in Japan, in any North At- $188,950,000, to remain available until Sep- ments) for operation and maintenance, leas- lantic Treaty Organization member country, tember 30, 2021: Provided, That, of the ing, and minor construction, as authorized or in countries bordering the Arabian Gulf, amount appropriated, not to exceed $4,500,000 by law, $59,157,000. unless such contracts are awarded to United shall be available for study, planning, design, DEPARTMENT OF DEFENSE FAMILY HOUSING States firms or United States firms in joint and architect and engineer services, as au- IMPROVEMENT FUND venture with host nation firms. thorized by law, unless the Chief of the Air SEC. 112. None of the funds made available For the Department of Defense Family Force Reserve determines that additional in this title for military construction in the Housing Improvement Fund, $3,258,000, to re- obligations are necessary for such purposes United States territories and possessions in main available until expended, for family and notifies the Committees on Appropria- the Pacific and on Kwajalein Atoll, or in housing initiatives undertaken pursuant to tions of both Houses of Congress of the deter- countries bordering the Arabian Gulf, may section 2883 of title 10, United States Code, mination and the reasons therefor. be used to award any contract estimated by providing alternative means of acquiring and the Government to exceed $1,000,000 to a for- NORTH ATLANTIC TREATY ORGANIZATION improving military family housing and sup- eign contractor: Provided, That this section SECURITY INVESTMENT PROGRAM porting facilities. shall not be applicable to contract awards For the United States share of the cost of ADMINISTRATIVE PROVISIONS for which the lowest responsive and respon- the North Atlantic Treaty Organization Se- SEC. 101. None of the funds made available sible bid of a United States contractor ex- curity Investment Program for the acquisi- in this title shall be expended for payments ceeds the lowest responsive and responsible tion and construction of military facilities under a cost-plus-a-fixed-fee contract for bid of a foreign contractor by greater than 20 and installations (including international construction, where cost estimates exceed percent: Provided further, That this section military headquarters) and for related ex- $25,000, to be performed within the United shall not apply to contract awards for mili- penses for the collective defense of the North States, except Alaska, without the specific tary construction on Kwajalein Atoll for Atlantic Treaty Area as authorized by sec- approval in writing of the Secretary of De- which the lowest responsive and responsible tion 2806 of title 10, United States Code, and fense setting forth the reasons therefor. bid is submitted by a Marshallese con- Military Construction Authorization Acts, SEC. 102. Funds made available in this title tractor. $177,932,000, to remain available until ex- for construction shall be available for hire of SEC. 113. The Secretary of Defense shall in- pended. passenger motor vehicles. form the appropriate committees of both

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A27SE6.035 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6146 CONGRESSIONAL RECORD — SENATE September 27, 2016

Houses of Congress, including the Commit- for operation and maintenance of family SEC. 124. None of the funds made available tees on Appropriations, of plans and scope of housing shall be the exclusive source of in this title may be obligated or expended for any proposed military exercise involving funds for repair and maintenance of all fam- planning and design and construction of United States personnel 30 days prior to its ily housing units, including general or flag projects at Arlington National Cemetery. occurring, if amounts expended for construc- officer quarters: Provided, That not more SEC. 125. For an additional amount for the tion, either temporary or permanent, are an- than $35,000 per unit may be spent annually accounts and in the amounts specified, to re- ticipated to exceed $100,000. for the maintenance and repair of any gen- main available until September 30, 2021: SEC. 114. Funds appropriated to the Depart- eral or flag officer quarters without 30 days ‘‘Military Construction, Army’’, $40,500,000; ment of Defense for construction in prior prior notification, or 14 days for a notifica- ‘‘Military Construction, Navy and Marine years shall be available for construction au- tion provided in an electronic medium pursu- Corps’’, $227,099,000; thorized for each such military department ant to sections 480 and 2883 of title 10, United ‘‘Military Construction, Air Force’’, by the authorizations enacted into law dur- States Code, to the Committees on Appro- $149,500,000; ing the current session of Congress. priations of both Houses of Congress, except ‘‘Military Construction, Army National SEC. 115. For military construction or fam- that an after-the-fact notification shall be Guard’’, $67,500,000; ily housing projects that are being com- submitted if the limitation is exceeded sole- ‘‘Military Construction, Air National pleted with funds otherwise expired or lapsed ly due to costs associated with environ- Guard’’, $11,000,000; for obligation, expired or lapsed funds may mental remediation that could not be rea- ‘‘Military Construction, Army Reserve’’, be used to pay the cost of associated super- sonably anticipated at the time of the budg- $30,000,000: vision, inspection, overhead, engineering and et submission: Provided further, That the design on those projects and on subsequent Provided, That such funds may only be obli- Under Secretary of Defense (Comptroller) is gated to carry out construction projects claims, if any. to report annually to the Committees on Ap- SEC. 116. Notwithstanding any other provi- identified in the respective military depart- propriations of both Houses of Congress all sion of law, any funds made available to a ment’s unfunded priority list for fiscal year operation and maintenance expenditures for military department or defense agency for 2017 submitted to Congress by the Secretary the construction of military projects may be each individual general or flag officer quar- of Defense: Provided further, That such obligated for a military construction project ters for the prior fiscal year. projects are subject to authorization prior to SEC. 120. Amounts contained in the Ford or contract, or for any portion of such a obligation and expenditure of funds to carry Island Improvement Account established by project or contract, at any time before the out construction: Provided further, That not subsection (h) of section 2814 of title 10, end of the fourth fiscal year after the fiscal later than 30 days after enactment of this year for which funds for such project were United States Code, are appropriated and Act, the Secretary of the military depart- made available, if the funds obligated for shall be available until expended for the pur- ment concerned, or his or her designee, shall such project: (1) are obligated from funds poses specified in subsection (i)(1) of such submit to the Committees on Appropriations available for military construction projects; section or until transferred pursuant to sub- of both Houses of Congress an expenditure and (2) do not exceed the amount appro- section (i)(3) of such section. plan for funds provided under this section. priated for such project, plus any amount by (INCLUDING TRANSFER OF FUNDS) SEC. 126. For an additional amount for which the cost of such project is increased SEC. 121. During the 5-year period after ap- ‘‘Military Construction, Navy and Marine pursuant to law. propriations available in this Act to the De- Corps’’, $89,400,000, to remain available until (INCLUDING TRANSFER OF FUNDS) partment of Defense for military construc- September 30, 2021: Provided, That, such funds may only be obligated to carry out SEC. 117. Subject to 30 days prior notification and family housing operation and main- tion, or 14 days for a notification provided in tenance and construction have expired for construction projects identified by the De- an electronic medium pursuant to sections obligation, upon a determination that such partment of the Navy in its June 8, 2016, un- 480 and 2883 of title 10, United States Code, to appropriations will not be necessary for the funded priority list submission to the Com- the Committees on Appropriations of both liquidation of obligations or for making au- mittees on Appropriations of both Houses of Houses of Congress, such additional amounts thorized adjustments to such appropriations Congress detailing unfunded reprogramming as may be determined by the Secretary of for obligations incurred during the period of and emergency construction requirements: Defense may be transferred to: (1) the De- availability of such appropriations, unobli- Provided further, That, not later than 30 days partment of Defense Family Housing Im- gated balances of such appropriations may after enactment of this Act, the Secretary of provement Fund from amounts appropriated be transferred into the appropriation ‘‘For- the Navy, or his or her designee, shall sub- for construction in ‘‘Family Housing’’ ac- eign Currency Fluctuations, Construction, mit to the Committees an expenditure plan counts, to be merged with and to be avail- Defense’’, to be merged with and to be avail- for funds provided under this section. able for the same purposes and for the same able for the same time period and for the (RESCISSIONS OF FUNDS) period of time as amounts appropriated di- same purposes as the appropriation to which SEC. 127. Of the unobligated balances avail- rectly to the Fund; or (2) the Department of transferred. able to the Department of Defense from prior Defense Military Unaccompanied Housing SEC. 122. (a) Except as provided in sub- appropriation Acts, the following funds are Improvement Fund from amounts appro- section (b), none of the funds made available hereby rescinded from the following ac- priated for construction of military unac- in this Act may be used by the Secretary of counts in the amounts specified: companied housing in ‘‘Military Construc- the Army to relocate a unit in the Army ‘‘Military Construction, Army’’, $29,602,000; tion’’ accounts, to be merged with and to be that— ‘‘Military Construction, Air Force’’, available for the same purposes and for the (1) performs a testing mission or function $51,460,000; same period of time as amounts appropriated that is not performed by any other unit in ‘‘Military Construction, Defense-Wide’’, directly to the Fund: Provided, That appro- the Army and is specifically stipulated in $171,600,000, of which $30,000,000 are to be de- priations made available to the Funds shall title 10, United States Code; and rived from amounts made available for Mis- be available to cover the costs, as defined in (2) is located at a military installation at sile Defense Agency planning and design; and section 502(5) of the Congressional Budget which the total number of civilian employ- ‘‘North Atlantic Treaty Organization Secu- Act of 1974, of direct loans or loan guaran- ees of the Department of the Army and rity Investment Program’’, $30,000,000: tees issued by the Department of Defense Army contractor personnel employed ex- Provided, That no amounts may be rescinded pursuant to the provisions of subchapter IV ceeds 10 percent of the total number of mem- from amounts that were designated by the of chapter 169 of title 10, United States Code, bers of the regular and reserve components Congress for Overseas Contingency Oper- pertaining to alternative means of acquiring of the Army assigned to the installation. ations/Global War on Terrorism or as an and improving military family housing, mili- (b) EXCEPTION.—Subsection (a) shall not emergency requirement pursuant to a con- tary unaccompanied housing, and supporting apply if the Secretary of the Army certifies current resolution on the budget or the Bal- facilities. to the congressional defense committees anced Budget and Emergency Deficit Control (INCLUDING TRANSFER OF FUNDS) that in proposing the relocation of the unit Act of 1985, as amended. SEC. 118. In addition to any other transfer of the Army, the Secretary complied with authority available to the Department of De- Army Regulation 5–10 relating to the policy, (RESCISSION OF FUNDS) fense, amounts may be transferred from the procedures, and responsibilities for Army SEC. 128. Of the unobligated balances made Department of Defense Base Closure Account stationing actions. available in prior appropriation Acts for the to the fund established by section 1013(d) of SEC. 123. Amounts appropriated or other- fund established in section 1013(d) of the the Demonstration Cities and Metropolitan wise made available in an account funded Demonstration Cities and Metropolitan De- Development Act of 1966 (42 U.S.C. 3374) to under the headings in this title may be velopment Act of 1966 (42 U.S.C. 3374) (other pay for expenses associated with the Home- transferred among projects and activities than appropriations designated by law as owners Assistance Program incurred under within the account in accordance with the being for contingency operations directly re- 42 U.S.C. 3374(a)(1)(A). Any amounts trans- reprogramming guidelines for military con- lated to the global war on terrorism or as an ferred shall be merged with and be available struction and family housing construction emergency requirement), $25,000,000 are here- for the same purposes and for the same time contained in Department of Defense Finan- by rescinded. period as the fund to which transferred. cial Management Regulation 7000.14–R, Vol- SEC. 129. For the purposes of this Act, the SEC. 119. Notwithstanding any other provi- ume 3, Chapter 7, of March 2011, as in effect term ‘‘congressional defense committees’’ sion of law, funds made available in this title on the date of enactment of this Act. means the Committees on Armed Services of

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A27SE6.035 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6147 the House of Representatives and the Senate, sistance which the Secretary is authorized to Department of Veterans Affairs and veterans the Subcommittee on Military Construction provide under subsection (a) of section 3104 described in section 1705(a) of title 38, United and Veterans Affairs of the Committee on of title 38, United States Code, other than States Code, including care and treatment in Appropriations of the Senate, and the Sub- under paragraphs (1), (2), (5), and (11) of that facilities not under the jurisdiction of the committee on Military Construction and subsection, shall be charged to this account. Department, and including medical supplies Veterans Affairs of the Committee on Appro- VETERANS INSURANCE AND INDEMNITIES and equipment, bioengineering services, food priations of the House of Representatives. services, and salaries and expenses of For military and naval insurance, national SEC. 130. None of the funds made available healthcare employees hired under title 38, by this Act may be used to carry out the clo- service life insurance, servicemen’s indem- United States Code, aid to State homes as sure or realignment of the United States nities, service-disabled veterans insurance, authorized by section 1741 of title 38, United Naval Station, Guanta´ namo Bay, Cuba. and veterans mortgage life insurance as au- States Code, assistance and support services SEC. 131. Notwithstanding any other provi- thorized by chapters 19 and 21, title 38, for caregivers as authorized by section 1720G sion of law, none of the funds appropriated or United States Code, $124,504,000, to remain of title 38, United States Code, loan repay- otherwise made available by this or any available until expended, of which ments authorized by section 604 of the Care- other Act may be used to consolidate or relo- $107,899,000 shall become available on Octo- givers and Veterans Omnibus Health Serv- cate any element of a United States Air ber 1, 2017. ices Act of 2010 (Public Law 111–163; 124 Stat. Force Rapid Engineer Deployable Heavy VETERANS HOUSING BENEFIT PROGRAM FUND 1174; 38 U.S.C. 7681 note), and hospital care Operational Repair Squadron Engineer (RED For the cost of direct and guaranteed and medical services authorized by section HORSE) outside of the United States until loans, such sums as may be necessary to 1787 of title 38, United States Code; the Secretary of the Air Force (1) completes carry out the program, as authorized by sub- $1,078,993,000, which shall be in addition to an analysis and comparison of the cost and chapters I through III of chapter 37 of title funds previously appropriated under this infrastructure investment required to con- 38, United States Code: Provided, That such heading that become available on October 1, solidate or relocate a RED HORSE squadron costs, including the cost of modifying such 2016; and, in addition, $44,886,554,000, plus re- outside of the United States versus within loans, shall be as defined in section 502 of the imbursements, shall become available on Oc- the United States; (2) provides to the Com- Congressional Budget Act of 1974: Provided tober 1, 2017, and shall remain available until mittees on Appropriations of both Houses of further, That, during fiscal year 2017, within September 30, 2018: Provided, That, of the Congress (‘‘the Committees’’) a report detail- the resources available, not to exceed amount made available on October 1, 2017, ing the findings of the cost analysis; and (3) $500,000 in gross obligations for direct loans under this heading, $1,400,000,000 shall re- certifies in writing to the Committees that are authorized for specially adapted housing main available until September 30, 2019: Pro- the preferred site for the consolidation or re- loans. vided further, That, notwithstanding any location yields the greatest savings for the In addition, for administrative expenses to other provision of law, the Secretary of Vet- Air Force: Provided, That the term ‘‘United carry out the direct and guaranteed loan erans Affairs shall establish a priority for States’’ in this section does not include any programs, $198,856,000. the provision of medical treatment for vet- territory or possession of the United States. erans who have service-connected disabil- VOCATIONAL REHABILITATION LOANS PROGRAM TITLE II ities, lower income, or have special needs: ACCOUNT Provided further, That, notwithstanding any DEPARTMENT OF VETERANS AFFAIRS For the cost of direct loans, $36,000, as au- other provision of law, the Secretary of Vet- VETERANS BENEFITS ADMINISTRATION thorized by chapter 31 of title 38, United erans Affairs shall give priority funding for COMPENSATION AND PENSIONS States Code: Provided, That such costs, in- the provision of basic medical benefits to (INCLUDING TRANSFER OF FUNDS) cluding the cost of modifying such loans, veterans in enrollment priority groups 1 For the payment of compensation benefits shall be as defined in section 502 of the Con- through 6: Provided further, That, notwith- to or on behalf of veterans and a pilot pro- gressional Budget Act of 1974: Provided fur- standing any other provision of law, the Sec- gram for disability examinations as author- ther, That funds made available under this retary of Veterans Affairs may authorize the ized by section 107 and chapters 11, 13, 18, 51, heading are available to subsidize gross obli- dispensing of prescription drugs from Vet- 53, 55, and 61 of title 38, United States Code; gations for the principal amount of direct erans Health Administration facilities to en- pension benefits to or on behalf of veterans loans not to exceed $2,517,000. rolled veterans with privately written pre- as authorized by chapters 15, 51, 53, 55, and 61 In addition, for administrative expenses scriptions based on requirements established of title 38, United States Code; and burial necessary to carry out the direct loan pro- by the Secretary: Provided further, That the benefits, the Reinstated Entitlement Pro- gram, $389,000, which may be paid to the ap- implementation of the program described in gram for Survivors, emergency and other of- propriation for ‘‘General Operating Ex- the previous proviso shall incur no addi- ficers’ retirement pay, adjusted-service cred- penses, Veterans Benefits Administration’’. tional cost to the Department of Veterans its and certificates, payment of premiums NATIVE AMERICAN VETERAN HOUSING LOAN Affairs: Provided further, That the Secretary due on commercial life insurance policies PROGRAM ACCOUNT of Veterans Affairs shall ensure that suffi- guaranteed under the provisions of title IV For administrative expenses to carry out cient amounts appropriated under this head- of the Servicemembers Civil Relief Act (50 the direct loan program authorized by sub- ing for medical supplies and equipment are U.S.C. App. 541 et seq.) and for other benefits chapter V of chapter 37 of title 38, United available for the acquisition of prosthetics as authorized by sections 107, 1312, 1977, and States Code, $1,163,000. designed specifically for female veterans: 2106, and chapters 23, 51, 53, 55, and 61 of title Provided further, That the Secretary of Vet- GENERAL OPERATING EXPENSES, VETERANS erans Affairs shall provide access to thera- 38, United States Code, $90,119,449,000, to re- BENEFITS ADMINISTRATION main available until expended and to become peutic listening devices to veterans strug- available on October 1, 2017: Provided, That For necessary operating expenses of the gling with mental health related problems, not to exceed $17,224,000 of the amount made Veterans Benefits Administration, not other- substance abuse, or traumatic brain injury. available for fiscal year 2018 under this head- wise provided for, including hire of passenger MEDICAL COMMUNITY CARE motor vehicles, reimbursement of the Gen- ing shall be reimbursed to ‘‘General Oper- For necessary expenses for furnishing eral Services Administration for security ating Expenses, Veterans Benefits Adminis- health care to individuals pursuant to chap- guard services, and reimbursement of the De- tration’’, and ‘‘Information Technology Sys- ter 17 of title 38, United States Code, at non- partment of Defense for the cost of overseas tems’’ for necessary expenses in imple- Department facilities, $7,246,181,000, plus re- employee mail, $2,856,160,000: Provided, That menting the provisions of chapters 51, 53, and imbursements, of which $2,000,000,000 shall expenses for services and assistance author- 55 of title 38, United States Code, the funding remain available until September 30, 2020; ized under paragraphs (1), (2), (5), and (11) of source for which is specifically provided as and, in addition, $9,409,118,000 shall become section 3104(a) of title 38, United States the ‘‘Compensation and Pensions’’ appropria- available on October 1, 2017, and shall remain Code, that the Secretary of Veterans Affairs tion: Provided further, That such sums as available until September 30, 2018: Provided, determines are necessary to enable entitled may be earned on an actual qualifying pa- That of the amount made available on Octo- veterans: (1) to the maximum extent fea- tient basis, shall be reimbursed to ‘‘Medical ber 1, 2017, $1,500,000,000 shall remain avail- sible, to become employable and to obtain Care Collections Fund’’ to augment the fund- able until September 30, 2021. ing of individual medical facilities for nurs- and maintain suitable employment; or (2) to achieve maximum independence in daily liv- MEDICAL SUPPORT AND COMPLIANCE ing home care provided to pensioners as au- For necessary expenses in the administra- thorized. ing, shall be charged to this account: Pro- vided further, That, of the funds made avail- tion of the medical, hospital, nursing home, READJUSTMENT BENEFITS able under this heading, not to exceed 5 per- domiciliary, construction, supply, and re- For the payment of readjustment and reha- cent shall remain available until September search activities, as authorized by law; ad- bilitation benefits to or on behalf of veterans 30, 2018. ministrative expenses in support of capital as authorized by chapters 21, 30, 31, 33, 34, 35, policy activities; and administrative and VETERANS HEALTH ADMINISTRATION 36, 39, 41, 51, 53, 55, and 61 of title 38, United legal expenses of the Department for col- States Code, $13,708,648,000, to remain avail- MEDICAL SERVICES lecting and recovering amounts owed the De- able until expended and to become available For necessary expenses for furnishing, as partment as authorized under chapter 17 of on October 1, 2017: Provided, That expenses authorized by law, inpatient and outpatient title 38, United States Code, and the Federal for rehabilitation program services and as- care and treatment to beneficiaries of the Medical Care Recovery Act (42 U.S.C. 2651 et

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A27SE6.035 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6148 CONGRESSIONAL RECORD — SENATE September 27, 2016

seq.), $6,654,480,000, plus reimbursements, INFORMATION TECHNOLOGY SYSTEMS VistA Evolution or any successor; and an im- shall become available on October 1, 2017, (INCLUDING TRANSFER OF FUNDS) plementation plan for the transition from and shall remain available until September For necessary expenses for information the Project Management Accountability 30, 2018: Provided, That, of the amount made technology systems and telecommunications System to a new project delivery framework, available on October 1, 2017, under this head- support, including developmental informa- the Veteran-focused Integration Process, ing, $100,000,000 shall remain available until tion systems and operational information that includes the methodology by which September 30, 2019. systems; for pay and associated costs; and projects will be tracked, progress measured, MEDICAL FACILITIES for the capital asset acquisition of informa- and deliverables evaluated; For necessary expenses for the mainte- tion technology systems, including manage- (3) submits to the Committees on Appro- nance and operation of hospitals, nursing ment and related contractual costs of said priations of both Houses of Congress a report homes, domiciliary facilities, and other nec- acquisitions, including contractual costs as- outlining the strategic plan to reach inter- essary facilities of the Veterans Health Ad- sociated with operations authorized by sec- operability with private sector healthcare ministration; for administrative expenses in tion 3109 of title 5, United States Code, providers, the timeline for reaching ‘‘mean- support of planning, design, project manage- $4,278,259,000, plus reimbursements: Provided, ingful use’’ as defined by the Office of Na- ment, real property acquisition and disposi- That $1,272,548,000 shall be for pay and associ- tional Coordinator for Health Information tion, construction, and renovation of any fa- ated costs, of which not to exceed $37,100,000 Technology for each data domain covered cility under the jurisdiction or for the use of shall remain available until September 30, under the VistA Evolution program, and the the Department; for oversight, engineering, 2018: Provided further, That $2,534,442,000 shall extent to which the Department of Veterans and architectural activities not charged to be for operations and maintenance, of which Affairs leverages the State Health Informa- project costs; for repairing, altering, improv- not to exceed $180,200,000 shall remain avail- tion Exchanges to share health data with ing, or providing facilities in the several hos- able until September 30, 2018: Provided fur- private sector providers; pitals and homes under the jurisdiction of ther, That $471,269,000 shall be for informa- (4) submits to the Committees on Appro- the Department, not otherwise provided for, tion technology systems development, mod- priations of both Houses of Congress, and either by contract or by the hire of tem- ernization, and enhancement, and shall re- such Committees approve, the following: a porary employees and purchase of materials; main available until September 30, 2018: Pro- report that describes the extent to which for leases of facilities; and for laundry serv- vided further, That amounts made available VistA Evolution, or any successor program, ices; $247,668,000, which shall be in addition for information technology systems develop- maximizes the use of commercially available to funds previously appropriated under this ment, modernization, and enhancement may software used by DoD and the private sector, heading that become available on October 1, not be obligated or expended until the Sec- requires an open architecture that leverages 2016; and, in addition, $5,434,880,000, plus re- retary of Veterans Affairs or the Chief Infor- best practices and rapidly adapts to tech- imbursements, shall become available on Oc- mation Officer of the Department of Vet- nologies produced by the private sector, en- tober 1, 2017, and shall remain available until erans Affairs submits to the Committees on hances full interoperability between the VA September 30, 2018: Provided, That, of the Appropriations of both Houses of Congress a and DoD and between VA and the private amount made available on October 1, 2017, certification of the amounts, in parts or in sector, and ensures the security of person- under this heading, $250,000,000 shall remain full, to be obligated and expended for each ally identifiable information of veterans and available until September 30, 2019. development project: Provided further, That beneficiaries; and MEDICAL AND PROSTHETIC RESEARCH amounts made available for salaries and ex- (5) certifies in writing to the Committees For necessary expenses in carrying out penses, operations and maintenance, and in- on Appropriations of both Houses of Con- programs of medical and prosthetic research formation technology systems development, gress that the Department of Veterans Af- and development as authorized by chapter 73 modernization, and enhancement may be fairs has met the requirements contained in of title 38, United States Code, $675,366,000, transferred among the three subaccounts the National Defense Authorization Act of plus reimbursements, shall remain available after the Secretary of Veterans Affairs re- Fiscal Year 2014 (Public Law 113–66) which until September 30, 2018: Provided, That the quests from the Committees on Appropria- require that electronic health record sys- Secretary of Veterans Affairs shall ensure tions of both Houses of Congress the author- tems of the Department of Defense and the that sufficient amounts appropriated under ity to make the transfer and an approval is Department of Veterans Affairs have reached this heading are available for prosthetic re- issued: Provided further, That amounts made interoperability, comply with national search specifically for female veterans, and available for the ‘‘Information Technology standards and architectural requirements for toxic exposure research. Systems’’ account for development, mod- identified by the DoD/VA Interagency Pro- NATIONAL CEMETERY ADMINISTRATION ernization, and enhancement may be trans- gram Office in collaboration with the Office For necessary expenses of the National ferred among projects or to newly defined of National Coordinator for Health Informa- Cemetery Administration for operations and projects: Provided further, That no project tion Technology: maintenance, not otherwise provided for, in- may be increased or decreased by more than Provided further, That the funds made avail- cluding uniforms or allowances therefor; $1,000,000 of cost prior to submitting a re- able under this heading for information tech- cemeterial expenses as authorized by law; quest to the Committees on Appropriations nology systems development, modernization, purchase of one passenger motor vehicle for of both Houses of Congress to make the and enhancement, shall be for the projects, use in cemeterial operations; hire of pas- transfer and an approval is issued, or absent and in the amounts, specified under this senger motor vehicles; and repair, alteration a response, a period of 30 days has elapsed: heading in the joint explanatory statement or improvement of facilities under the juris- Provided further, That funds under this head- accompanying this Act. diction of the National Cemetery Adminis- ing may be used by the Interagency Program OFFICE OF INSPECTOR GENERAL tration, $286,193,000, of which not to exceed 10 Office through the Department of Veterans For necessary expenses of the Office of In- percent shall remain available until Sep- Affairs to define data standards, code sets, spector General, to include information tember 30, 2018. and value sets used to enable interoper- technology, in carrying out the provisions of DEPARTMENTAL ADMINISTRATION ability: Provided further, That of the funds the Inspector General Act of 1978 (5 U.S.C. made available for information technology App.), $160,106,000, of which not to exceed 10 GENERAL ADMINISTRATION systems development, modernization, and percent shall remain available until Sep- (INCLUDING TRANSFER OF FUNDS) enhancement for VistA Evolution or any tember 30, 2018. For necessary operating expenses of the successor program, not more than 25 percent CONSTRUCTION, MAJOR PROJECTS Department of Veterans Affairs, not other- may be obligated or expended until the Sec- For constructing, altering, extending, and wise provided for, including administrative retary of Veterans Affairs: improving any of the facilities, including expenses in support of Department-wide cap- (1) submits to the Committees on Appro- parking projects, under the jurisdiction or ital planning, management and policy activi- priations of both Houses of Congress the for the use of the Department of Veterans ties, uniforms, or allowances therefor; not to VistA Evolution Business Case and sup- Affairs, or for any of the purposes set forth exceed $25,000 for official reception and rep- porting documents regarding continuation of in sections 316, 2404, 2406 and chapter 81 of resentation expenses; hire of passenger VistA Evolution or alternatives to VistA title 38, United States Code, not otherwise motor vehicles; and reimbursement of the Evolution, including an analysis of necessary provided for, including planning, architec- General Services Administration for security or desired capabilities, technical and secu- tural and engineering services, construction guard services, $345,391,000, of which not to rity requirements, the plan for modernizing management services, maintenance or guar- exceed 5 percent shall remain available until the platform framework, and all associated antee period services costs associated with September 30, 2018: Provided, That funds pro- costs; equipment guarantees provided under the vided under this heading may be transferred (2) submits to the Committees on Appro- project, services of claims analysts, offsite to ‘‘General Operating Expenses, Veterans priations of both Houses of Congress, and utility and storm drainage system construc- Benefits Administration’’. such Committees approve, the following: a tion costs, and site acquisition, where the es- BOARD OF VETERANS APPEALS report that describes a strategic plan for timated cost of a project is more than the For necessary operating expenses of the VistA Evolution, or any successor program, amount set forth in section 8104(a)(3)(A) of Board of Veterans Appeals, $156,096,000, of and the associated implementation plan in- title 38, United States Code, or where funds which not to exceed 10 percent shall remain cluding metrics and timelines; a master for a project were made available in a pre- available until September 30, 2018. schedule and lifecycle cost estimate for vious major project appropriation,

VerDate Sep 11 2014 05:33 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A27SE6.035 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6149 $528,110,000, of which $478,110,000 shall remain United States Code, $372,069,000, to remain able for services authorized by section 3109 of available until September 30, 2021, and of available until September 30, 2021, along title 5, United States Code; hire of passenger which $50,000,000 shall remain available until with unobligated balances of previous ‘‘Con- motor vehicles; lease of a facility or land or expended: Provided, That except for advance struction, Minor Projects’’ appropriations both; and uniforms or allowances therefore, planning activities, including needs assess- which are hereby made available for any as authorized by sections 5901 through 5902 of ments which may or may not lead to capital project where the estimated cost is equal to title 5, United States Code. investments, and other capital asset man- or less than the amount set forth in such sec- SEC. 204. No appropriations in this title agement related activities, including port- tion: Provided, That funds made available (except the appropriations for ‘‘Construc- folio development and management activi- under this heading shall be for: (1) repairs to tion, Major Projects’’, and ‘‘Construction, ties, and investment strategy studies funded any of the nonmedical facilities under the Minor Projects’’) shall be available for the through the advance planning fund and the jurisdiction or for the use of the Department purchase of any site for or toward the con- planning and design activities funded which are necessary because of loss or dam- struction of any new hospital or home. through the design fund, including needs as- age caused by any natural disaster or catas- SEC. 205. No appropriations in this title sessments which may or may not lead to trophe; and (2) temporary measures nec- shall be available for hospitalization or ex- capital investments, and salaries and associ- essary to prevent or to minimize further loss amination of any persons (except bene- ated costs of the resident engineers who by such causes. ficiaries entitled to such hospitalization or oversee those capital investments funded examination under the laws providing such GRANTS FOR CONSTRUCTION OF STATE benefits to veterans, and persons receiving through this account and contracting offi- EXTENDED CARE FACILITIES cers who manage specific major construction such treatment under sections 7901 through For grants to assist States to acquire or projects, and funds provided for the pur- 7904 of title 5, United States Code, or the construct State nursing home and domi- chase, security, and maintenance of land for Robert T. Stafford Disaster Relief and Emer- ciliary facilities and to remodel, modify, or the National Cemetery Administration gency Assistance Act (42 U.S.C. 5121 et seq.)), alter existing hospital, nursing home, and through the land acquisition line item, none unless reimbursement of the cost of such domiciliary facilities in State homes, for fur- of the funds made available under this head- hospitalization or examination is made to nishing care to veterans as authorized by ing shall be used for any project that has not the ‘‘Medical Services’’ account at such rates sections 8131 through 8137 of title 38, United as may be fixed by the Secretary of Veterans been notified to Congress through the budg- States Code, $90,000,000, to remain available Affairs. etary process or that has not been approved until expended. SEC. 206. Appropriations available in this by the Congress through statute, joint reso- GRANTS FOR CONSTRUCTION OF VETERANS title for ‘‘Compensation and Pensions’’, ‘‘Re- lution, or in the explanatory statement ac- adjustment Benefits’’, and ‘‘Veterans Insur- CEMETERIES companying such Act and presented to the ance and Indemnities’’ shall be available for President at the time of enrollment: Provided For grants to assist States and tribal orga- payment of prior year accrued obligations further, That funds made available under this nizations in establishing, expanding, or im- required to be recorded by law against the heading for fiscal year 2017, for each ap- proving veterans cemeteries as authorized by corresponding prior year accounts within the proved project shall be obligated: (1) by the section 2408 of title 38, United States Code, last quarter of fiscal year 2016. awarding of a construction documents con- $45,000,000, to remain available until ex- SEC. 207. Appropriations available in this tract by September 30, 2017; and (2) by the pended. title shall be available to pay prior year obli- awarding of a construction contract by Sep- ADMINISTRATIVE PROVISIONS gations of corresponding prior year appro- tember 30, 2018: Provided further, That the (INCLUDING TRANSFER OF FUNDS) priations accounts resulting from sections Secretary of Veterans Affairs shall promptly 3328(a), 3334, and 3712(a) of title 31, United submit to the Committees on Appropriations SEC. 201. Any appropriation for fiscal year States Code, except that if such obligations of both Houses of Congress a written report 2017 for ‘‘Compensation and Pensions’’, ‘‘Re- are from trust fund accounts they shall be on any approved major construction project adjustment Benefits’’, and ‘‘Veterans Insur- payable only from ‘‘Compensation and Pen- for which obligations are not incurred within ance and Indemnities’’ may be transferred as sions’’. necessary to any other of the mentioned ap- the time limitations established above: Pro- (INCLUDING TRANSFER OF FUNDS) vided further, That, of the amount made propriations: Provided, That, before a trans- SEC. 208. Notwithstanding any other provi- available under this heading, $222,620,000 for fer may take place, the Secretary of Vet- sion of law, during fiscal year 2017, the Sec- Veterans Health Administration major con- erans Affairs shall request from the Commit- tees on Appropriations of both Houses of retary of Veterans Affairs shall, from the struction projects shall not be available National Service Life Insurance Fund under until the Department of Veterans Affairs— Congress the authority to make the transfer and such Committees issue an approval, or section 1920 of title 38, United States Code, (1) enters into an agreement with an appro- the Veterans’ Special Life Insurance Fund priate non-Department of Veterans Affairs absent a response, a period of 30 days has elapsed. under section 1923 of title 38, United States Federal entity to serve as the design and/or Code, and the United States Government construction agent for any Veterans Health (INCLUDING TRANSFER OF FUNDS) Life Insurance Fund under section 1955 of Administration major construction project SEC. 202. Amounts made available for the title 38, United States Code, reimburse the with a Total Estimated Cost of $100,000,000 or Department of Veterans Affairs for fiscal ‘‘General Operating Expenses, Veterans Ben- above by providing full project management year 2017, in this or any other Act, under the efits Administration’’ and ‘‘Information services, including management of the ‘‘Medical Services’’, ‘‘Medical Community Technology Systems’’ accounts for the cost project design, acquisition, construction, and Care’’, ‘‘Medical Support and Compliance’’, of administration of the insurance programs contract changes, consistent with section 502 and ‘‘Medical Facilities’’ accounts may be financed through those accounts: Provided, of Public Law 114–58; and transferred among the accounts: Provided, That reimbursement shall be made only from (2) certifies in writing that such an agree- That any transfers among the ‘‘Medical the surplus earnings accumulated in such an ment is executed and intended to minimize Services’’, ‘‘Medical Community Care’’, and insurance program during fiscal year 2017 or prevent subsequent major construction ‘‘Medical Support and Compliance’’ accounts that are available for dividends in that pro- project cost overruns and provides a copy of of 1 percent or less of the total amount ap- gram after claims have been paid and actu- the agreement entered into and any required propriated to the account in this or any arially determined reserves have been set supplementary information to the Commit- other Act may take place subject to notifica- aside: Provided further, That if the cost of ad- tees on Appropriations of both Houses of tion from the Secretary of Veterans Affairs ministration of such an insurance program Congress. to the Committees on Appropriations of both exceeds the amount of surplus earnings accu- CONSTRUCTION, MINOR PROJECTS Houses of Congress of the amount and pur- mulated in that program, reimbursement For constructing, altering, extending, and pose of the transfer: Provided further, That shall be made only to the extent of such sur- improving any of the facilities, including any transfers among the ‘‘Medical Services’’, plus earnings: Provided further, That the Sec- parking projects, under the jurisdiction or ‘‘Medical Community Care’’, and ‘‘Medical retary shall determine the cost of adminis- for the use of the Department of Veterans Support and Compliance’’ accounts in excess tration for fiscal year 2017 which is properly Affairs, including planning and assessments of 1 percent, or exceeding the cumulative 1 allocable to the provision of each such insur- of needs which may lead to capital invest- percent for the fiscal year, may take place ance program and to the provision of any ments, architectural and engineering serv- only after the Secretary requests from the total disability income insurance included in ices, maintenance or guarantee period serv- Committees on Appropriations of both that insurance program. ices costs associated with equipment guaran- Houses of Congress the authority to make SEC. 209. Amounts deducted from en- tees provided under the project, services of the transfer and an approval is issued: Pro- hanced-use lease proceeds to reimburse an claims analysts, offsite utility and storm vided further, That any transfers to or from account for expenses incurred by that ac- drainage system construction costs, and site the ‘‘Medical Facilities’’ account may take count during a prior fiscal year for providing acquisition, or for any of the purposes set place only after the Secretary requests from enhanced-use lease services, may be obli- forth in sections 316, 2404, 2406 and chapter 81 the Committees on Appropriations of both gated during the fiscal year in which the proof title 38, United States Code, not otherwise Houses of Congress the authority to make ceeds are received. provided for, where the estimated cost of a the transfer and an approval is issued. (INCLUDING TRANSFER OF FUNDS) project is equal to or less than the amount SEC. 203. Appropriations available in this SEC. 210. Funds available in this title or set forth in section 8104(a)(3)(A) of title 38, title for salaries and expenses shall be avail- funds for salaries and other administrative

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A27SE6.035 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6150 CONGRESSIONAL RECORD — SENATE September 27, 2016

expenses shall also be available to reimburse (INCLUDING TRANSFER OF FUNDS) Houses of Congress: Provided further, That the Office of Resolution Management of the SEC. 216. Such sums as may be deposited to section 223 of title II of division J of Public Department of Veterans Affairs and the Of- the Department of Veterans Affairs Capital Law 114–113 is repealed. fice of Employment Discrimination Com- Asset Fund pursuant to section 8118 of title (INCLUDING TRANSFER OF FUNDS) plaint Adjudication under section 319 of title 38, United States Code, may be transferred to SEC. 222. Of the amounts appropriated to 38, United States Code, for all services pro- the ‘‘Construction, Major Projects’’ and the Department of Veterans Affairs which vided at rates which will recover actual costs ‘‘Construction, Minor Projects’’ accounts, to become available on October 1, 2017, for but not to exceed $47,668,000 for the Office of remain available until expended for the pur- ‘‘Medical Services’’, ‘‘Medical Community Resolution Management and $3,932,000 for poses of these accounts. Care’’, ‘‘Medical Support and Compliance’’, the Office of Employment Discrimination (RESCISSION OF FUNDS) and ‘‘Medical Facilities’’, up to $280,802,000, Complaint Adjudication: Provided, That pay- SEC. 217. Of the amounts appropriated in plus reimbursements, may be transferred to ments may be made in advance for services title II of division J of Public Law 114–113 the Joint Department of Defense-Depart- to be furnished based on estimated costs: under the heading ‘‘Medical Services’’ which ment of Veterans Affairs Medical Facility Provided further, That amounts received shall become available on October 1, 2016, Demonstration Fund, established by section be credited to the ‘‘General Administration’’ $7,246,181,000 are hereby rescinded. 1704 of the National Defense Authorization and ‘‘Information Technology Systems’’ ac- SEC. 218. Not later than 30 days after the Act for Fiscal Year 2010 (Public Law 111–84; counts for use by the office that provided the end of each fiscal quarter, the Secretary of 123 Stat. 3571) and may be used for operation service. Veterans Affairs shall submit to the Com- of the facilities designated as combined Fed- SEC. 211. No funds of the Department of mittees on Appropriations of both Houses of eral medical facilities as described by sec- Veterans Affairs shall be available for hos- Congress a report on the financial status of tion 706 of the Duncan Hunter National De- pital care, nursing home care, or medical the Department of Veterans Affairs for the fense Authorization Act for Fiscal Year 2009 services provided to any person under chap- (Public Law 110–417; 122 Stat. 4500): , preceding quarter: Provided, That, at a min- Provided ter 17 of title 38, United States Code, for a That additional funds may be transferred imum, the report shall include the direction non-service-connected disability described in from accounts designated in this section to contained in the paragraph entitled ‘‘Quar- section 1729(a)(2) of such title, unless that the Joint Department of Defense-Depart- terly reporting’’, under the heading ‘‘General person has disclosed to the Secretary of Vet- ment of Veterans Affairs Medical Facility Administration’’ in the joint explanatory erans Affairs, in such form as the Secretary Demonstration Fund upon written notifica- statement accompanying this Act. may require, current, accurate third-party tion by the Secretary of Veterans Affairs to reimbursement information for purposes of (INCLUDING TRANSFER OF FUNDS) the Committees on Appropriations of both section 1729 of such title: Provided, That the SEC. 219. Amounts made available under Houses of Congress. Secretary may recover, in the same manner the ‘‘Medical Services’’, ‘‘Medical Commu- (INCLUDING TRANSFER OF FUNDS) as any other debt due the United States, the nity Care’’, ‘‘Medical Support and Compli- SEC. 223. Such sums as may be deposited to reasonable charges for such care or services ance’’, ‘‘Medical Facilities’’, ‘‘General Oper- the Medical Care Collections Fund pursuant from any person who does not make such dis- ating Expenses, Veterans Benefits Adminis- to section 1729A of title 38, United States closure as required: Provided further, That tration’’, ‘‘General Administration’’, and Code, for healthcare provided at facilities any amounts so recovered for care or serv- ‘‘National Cemetery Administration’’ ac- designated as combined Federal medical fa- ices provided in a prior fiscal year may be counts for fiscal year 2017 may be transferred cilities as described by section 706 of the obligated by the Secretary during the fiscal to or from the ‘‘Information Technology Sys- Duncan Hunter National Defense Authoriza- year in which amounts are received. tems’’ account: Provided, That such transfers tion Act for Fiscal Year 2009 (Public Law may not result in a more than 10 percent ag- (INCLUDING TRANSFER OF FUNDS) 110–417; 122 Stat. 4500) shall also be available: gregate increase in the total amount made SEC. 212. Notwithstanding any other provi- (1) for transfer to the Joint Department of available by this Act for the ‘‘Information Defense-Department of Veterans Affairs sion of law, proceeds or revenues derived Technology Systems’’ account: Provided fur- from enhanced-use leasing activities (includ- Medical Facility Demonstration Fund, es- ther, That, before a transfer may take place, tablished by section 1704 of the National De- ing disposal) may be deposited into the the Secretary of Veterans Affairs shall re- ‘‘Construction, Major Projects’’ and ‘‘Con- fense Authorization Act for Fiscal Year 2010 quest from the Committees on Appropria- (Public Law 111–84; 123 Stat. 3571); and (2) for struction, Minor Projects’’ accounts and be tions of both Houses of Congress the author- used for construction (including site acquisi- operations of the facilities designated as ity to make the transfer and an approval is combined Federal medical facilities as de- tion and disposition), alterations, and im- issued. provements of any medical facility under the scribed by section 706 of the Duncan Hunter SEC. 220. None of the funds appropriated or National Defense Authorization Act for Fis- jurisdiction or for the use of the Department otherwise made available by this Act or any of Veterans Affairs. Such sums as realized cal Year 2009 (Public Law 110–417; 122 Stat. other Act for the Department of Veterans 4500). are in addition to the amount provided for in Affairs may be used in a manner that is in- (INCLUDING TRANSFER OF FUNDS) ‘‘Construction, Major Projects’’ and ‘‘Con- consistent with: (1) section 842 of the Trans- struction, Minor Projects’’. portation, Treasury, Housing and Urban De- SEC. 224. Of the amounts available in this SEC. 213. Amounts made available under velopment, the Judiciary, the District of Co- title for ‘‘Medical Services’’, ‘‘Medical Com- ‘‘Medical Services’’ are available— lumbia, and Independent Agencies Appro- munity Care’’, ‘‘Medical Support and Com- (1) for furnishing recreational facilities, priations Act, 2006 (Public Law 109–115; 119 pliance’’, and ‘‘Medical Facilities’’, a min- supplies, and equipment; and Stat. 2506); or (2) section 8110(a)(5) of title 38, imum of $15,000,000 shall be transferred to (2) for funeral expenses, burial expenses, United States Code. the DOD–VA Health Care Sharing Incentive and other expenses incidental to funerals and Fund, as authorized by section 8111(d) of title (INCLUDING TRANSFER OF FUNDS) burials for beneficiaries receiving care in the 38, United States Code, to remain available Department. SEC. 221. Of the amounts appropriated to until expended, for any purpose authorized the Department of Veterans Affairs for fiscal by section 8111 of title 38, United States (INCLUDING TRANSFER OF FUNDS) year 2017 for ‘‘Medical Services’’, ‘‘Medical Code. SEC. 214. Such sums as may be deposited to Community Care’’, ‘‘Medical Support and SEC. 225. None of the funds available to the the Medical Care Collections Fund pursuant Compliance’’, ‘‘Medical Facilities’’, ‘‘Con- Department of Veterans Affairs, in this or to section 1729A of title 38, United States struction, Minor Projects’’, and ‘‘Informa- any other Act, may be used to replace the Code, may be transferred to the ‘‘Medical tion Technology Systems’’, up to $274,731,000, current system by which the Veterans Inte- Services’’ and ‘‘Medical Community Care’’ plus reimbursements, may be transferred to grated Service Networks select and contract accounts to remain available until expended the Joint Department of Defense-Depart- for diabetes monitoring supplies and equip- for the purposes of these accounts. ment of Veterans Affairs Medical Facility ment. SEC. 215. The Secretary of Veterans Affairs Demonstration Fund, established by section SEC. 226. The Secretary of Veterans Affairs may enter into agreements with Federally 1704 of the National Defense Authorization shall notify the Committees on Appropria- Qualified Health Centers in the State of Act for Fiscal Year 2010 (Public Law 111–84; tions of both Houses of Congress of all bid Alaska and Indian tribes and tribal organiza- 123 Stat. 3571) and may be used for operation savings in a major construction project that tions which are party to the Alaska Native of the facilities designated as combined Fed- total at least $5,000,000, or 5 percent of the Health Compact with the Indian Health eral medical facilities as described by sec- programmed amount of the project, which- Service, to provide healthcare, including be- tion 706 of the Duncan Hunter National De- ever is less: Provided, That such notification havioral health and dental care, to veterans fense Authorization Act for Fiscal Year 2009 shall occur within 14 days of a contract iden- in rural Alaska. The Secretary shall require (Public Law 110–417; 122 Stat. 4500): Provided, tifying the programmed amount: Provided participating veterans and facilities to com- That additional funds may be transferred further, That the Secretary shall notify the ply with all appropriate rules and regula- from accounts designated in this section to Committees on Appropriations of both tions, as established by the Secretary. The the Joint Department of Defense-Depart- Houses of Congress 14 days prior to the obli- term ‘‘rural Alaska’’ shall mean those lands ment of Veterans Affairs Medical Facility gation of such bid savings and shall describe which are not within the boundaries of the Demonstration Fund upon written notifica- the anticipated use of such savings. municipality of Anchorage or the Fairbanks tion by the Secretary of Veterans Affairs to SEC. 227. None of the funds made available North Star Borough. the Committees on Appropriations of both for ‘‘Construction, Major Projects’’ may be

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A27SE6.035 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6151 used for a project in excess of the scope spection and shall be available for the same pur- (3) Has passed the Association of Marital ified for that project in the original jus- poses as originally appropriated: Provided and Family Therapy Regulatory Board Ex- tification data provided to the Congress as further, That before a transfer may take amination in Marital and Family Therapy or part of the request for appropriations unless place, the Secretary of Veterans Affairs shall a related examination for licensure adminis- the Secretary of Veterans Affairs receives request from the Committees on Appropria- tered by a State (as so defined). approval from the Committees on Appropria- tions of both Houses of Congress the author- SEC. 240. None of the funds in this or any tions of both Houses of Congress. ity to make the transfer and receive ap- other Act may be used to close Department SEC. 228. Not later than 30 days after the proval of that request. of Veterans Affairs (VA) hospitals, domicil- iaries, or clinics, conduct an environmental end of each fiscal quarter, the Secretary of (INCLUDING TRANSFER OF FUNDS) Veterans Affairs shall submit to the Com- assessment, or to diminish healthcare serv- SEC. 233. Amounts made available for the mittees on Appropriations of both Houses of ices at existing Veterans Health Administra- Department of Veterans Affairs for fiscal Congress a quarterly report containing per- tion medical facilities located in Veterans year 2017, under the ‘‘Board of Veterans Ap- formance measures and data from each Vet- Integrated Service Network 23 as part of a peals’’ and the ‘‘General Operating Expenses, erans Benefits Administration Regional Of- planned realignment of VA services until the Veterans Benefits Administration’’ accounts fice: Provided, That, at a minimum, the re- Secretary provides to the Committees on Ap- may be transferred between such accounts: port shall include the direction contained in propriations of both Houses of Congress a re- Provided, That before a transfer may take the section entitled ‘‘Disability claims back- port including the following elements: place, the Secretary of Veterans Affairs shall log’’, under the heading ‘‘General Operating (1) a national realignment strategy that request from the Committees on Appropria- Expenses, Veterans Benefits Administra- includes a detailed description of realign- tions of both Houses of Congress the author- tion’’ in the joint explanatory statement ac- ment plans within each Veterans Integrated ity to make the transfer and receive ap- companying this Act. Service Network (VISN), including an up- proval of that request. dated Long Range Capital Plan to imple- SEC. 229. Of the funds provided to the De- SEC. 234. The Secretary of Veterans Affairs partment of Veterans Affairs for fiscal year ment realignment requirements; may not reprogram funds among major con- 2017 for ‘‘Medical Support and Compliance’’ a (2) an explanation of the process by which struction projects or programs if such in- maximum of $40,000,000 may be obligated those plans were developed and coordinated stance of reprogramming will exceed from the ‘‘Medical Support and Compliance’’ within each VISN; $5,000,000, unless such reprogramming is ap- (3) a cost vs. benefit analysis of each account for the VistA Evolution and elec- proved by the Committees on Appropriations planned realignment, including the cost of tronic health record interoperability of both Houses of Congress. replacing Veterans Health Administration projects: Provided, That funds in addition to services with contract care or other these amounts may be obligated for the (RESCISSION OF FUNDS) outsourced services; VistA Evolution and electronic health record SEC. 235. Of the unobligated balances avail- (4) an analysis of how any such planned re- interoperability projects upon written notifi- able within the ‘‘DOD–VA Health Care Shar- alignment of services will impact access to cation by the Secretary of Veterans Affairs ing Incentive Fund’’, $40,000,000 are hereby care for veterans living in rural or highly to the Committees on Appropriations of both rescinded. rural areas, including travel distances and Houses of Congress. (RESCISSIONS OF FUNDS) transportation costs to access a VA medical SEC. 230. The Secretary of Veterans Affairs SEC. 236. Of the discretionary funds made facility and availability of local specialty shall provide written notification to the available in Public Law 114–113 for the De- and primary care; Committees on Appropriations of both partment of Veterans Affairs for fiscal year (5) an inventory of VA buildings with his- Houses of Congress 15 days prior to organiza- 2017, $134,000,000 are rescinded from ‘‘Medical toric designation and the methodology used tional changes which result in the transfer of Services’’, $26,000,000 are rescinded from to determine the buildings’ condition and 25 or more full-time equivalents from one or- ‘‘Medical Support and Compliance’’, and utilization; ganizational unit of the Department of Vet- $9,000,000 are rescinded from ‘‘Medical Facili- (6) a description of how any realignment erans Affairs to another. ties’’. will be consistent with requirements under SEC. 231. The Secretary of Veterans Affairs SEC. 237. The amounts otherwise made the National Historic Preservation Act; and shall provide on a quarterly basis to the available by this Act for the following ac- (7) consideration given for reuse of historic Committees on Appropriations of both counts of the Department of Veterans Affairs buildings within newly identified realign- Houses of Congress notification of any single are hereby reduced by the following ment requirements: Provided, That, this pro- national outreach and awareness marketing amounts: vision shall not apply to capital projects in campaign in which obligations exceed (1) ‘‘Veterans Health Administration— VISN 23, or any other VISN, which have been $2,000,000. Medical and Prosthetic Research’’, $2,000,000. authorized or approved by Congress. (INCLUDING TRANSFER OF FUNDS) (2) ‘‘Departmental Administration—Board SEC. 241. None of the funds appropriated in SEC. 232. The Secretary of Veterans Affairs, of Veterans Appeals’’, $500,000. this or prior appropriations Acts or other- upon determination that such action is nec- (3) ‘‘Veterans Benefits Administration— wise made available to the Department of essary to address needs of the Veterans General Operating Expenses, Veterans Bene- Veterans Affairs may be used to transfer any Health Administration, may transfer to the fits Administration’’, $12,000,000. amounts from the Filipino Veterans Equity ‘‘Medical Services’’ account any discre- (4) ‘‘Departmental Administration—Infor- Compensation Fund to any other account tionary appropriations made available for mation Technology Systems’’, $8,000,000. within the Department of Veterans Affairs. SEC. 242. Paragraph (3) of section 403(a) of fiscal year 2017 in this title (except appro- (5) ‘‘Departmental Administration—Office the Veterans’ Mental Health and Other Care priations made to the ‘‘General Operating of Inspector General’’, $500,000. Improvements Act of 2008 (Public Law 110– Expenses, Veterans Benefits Administra- SEC. 238. The Secretary of Veterans Affairs 387; 38 U.S.C. 1703 note) is amended to read as tion’’ account) or any discretionary unobli- shall ensure that the toll-free suicide hotline follows: gated balances within the Department of under section 1720F(h) of title 38, United ‘‘(3) DURATION.—A veteran may receive Veterans Affairs, including those appro- States Code— health services under this section during the priated for fiscal year 2017, that were pro- (1) provides to individuals who contact the period beginning on the date specified in vided in advance by appropriations Acts: Pro- hotline immediate assistance from a trained paragraph (2) and ending on September 30, vided, That transfers shall be made only with professional; and 2017.’’. the approval of the Office of Management (2) adheres to all requirements of the SEC. 243. (a) Section 1722A(a) of title 38, and Budget: Provided further, That the trans- American Association of Suicidology. United States Code, is amended by adding at fer authority provided in this section is in SEC. 239. (a) The Secretary of Veterans Af- the end the following new paragraph: addition to any other transfer authority pro- fairs shall treat a marriage and family thera- ‘‘(4) Paragraph (1) does not apply to opioid vided by law: Provided further, That no pist described in subsection (b) as qualified antagonists furnished under this chapter to a amounts may be transferred from amounts to serve as a marriage and family therapist veteran who is at high risk for overdose of a that were designated by Congress as an in the Department of Veterans Affairs, re- specific medication or substance in order to emergency requirement pursuant to a con- gardless of any requirements established by reverse the effect of such an overdose.’’. current resolution on the budget or the Bal- the Commission on Accreditation for Mar- (b) Section 1710(g)(3) of such title is amend- anced Budget and Emergency Deficit Control riage and Family Therapy Education. ed— Act of 1985: Provided further, That such au- (b) A marriage and family therapist de- (1) by striking ‘‘with respect to home thority to transfer may not be used unless scribed in this subsection is a therapist who health services’’ and inserting ‘‘with respect for higher priority items, based on emergent meets each of the following criteria: to the following:’’ healthcare requirements, than those for (1) Has a masters or higher degree in mar- ‘‘(A) Home health services’’; and which originally appropriated and in no case riage and family therapy, or a related field, (2) by adding at the end the following new where the item for which funds are requested from a regionally accredited institution. subparagraph: has been denied by Congress: Provided fur- (2) Is licensed as a marriage and family ‘‘(B) Education on the use of opioid antago- ther, That, upon determination that all or therapist in a State (as defined in section nists to reverse the effects of overdoses of part of the funds transferred from an appro- 101(20) of title 38, United States Code) and specific medications or substances.’’. priation are not necessary, such amounts possesses the highest level of licensure of- SEC. 244. Section 312 of title 38, United may be transferred back to that appropria- fered from the State. States Code, is amended in subsection (c)(1)

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A27SE6.035 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6152 CONGRESSIONAL RECORD — SENATE September 27, 2016 by striking the phrase ‘‘that makes a rec- tions that the supervisor will take to address ‘‘(B) is not headed by an official who re- ommendation or otherwise suggests correc- the complaint. ports to the General Counsel; tive action,’’. ‘‘(d) FILING COMPLAINT WITH NEXT-LEVEL ‘‘(C) does not provide, or receive from, the SEC. 245. Of the funds provided to the De- SUPERVISORS.—(1) If any circumstance de- General Counsel any information regarding a partment of Veterans Affairs for each of fis- scribed in paragraph (3) is met, an employee whistleblower complaint except pursuant to cal year 2017 and fiscal year 2018 for ‘‘Medical may file a whistleblower complaint in ac- an action regarding the complaint before an Services’’, funds may be used in each year to cordance with subsection (g) with the next- administrative body or court; and carry out and expand the child care program level supervisor who shall treat such com- ‘‘(D) does not provide advice to the General authorized by section 205 of Public Law 111– plaint in accordance with this section. Counsel. 163, notwithstanding subsection (e) of such ‘‘(2) An employee may file a whistleblower ‘‘(2) The central whistleblower office shall section. complaint with the Secretary if the em- be responsible for investigating all whistle- SEC. 246. Section 5701(l) of title 38, United ployee has filed the whistleblower complaint blower complaints of the Department, re- States Code, is amended by striking ‘‘may’’ to each level of supervisors between the em- gardless of whether such complaints are and inserting ‘‘shall’’. ployee and the Secretary in accordance with made by or against an employee who is not VA PATIENT PROTECTION ACT OF 2016 paragraph (1). a member of the Senior Executive Service. ‘‘(3) A circumstance described in this para- ‘‘(3) The Secretary shall ensure that the SEC. 247. (a) PROCEDURE AND ADMINISTRA- graph is any of the following circumstances: central whistleblower office maintains a TION.— ‘‘(A) A supervisor does not make a timely toll-free hotline to anonymously receive (1) IN GENERAL.—Chapter 7 of title 38, determination under subsection (b)(1) re- whistleblower complaints. United States Code, is amended by adding at garding a whistleblower complaint. ‘‘(4) The Secretary shall ensure that the the end the following new subchapter: ‘‘(B) The employee who made a whistle- central whistleblower office has such staff ‘‘SUBCHAPTER II—WHISTLEBLOWER blower complaint determines that the super- and resources as the Secretary considers nec- COMPLAINTS visor did not adequately address the com- essary to carry out the functions of the cen- ‘‘§ 731. Whistleblower complaint defined plaint pursuant to subsection (c). tral whistleblower office. ‘‘(C) The immediate supervisor of the em- ‘‘(5) In this subsection, the term ‘central ‘‘In this subchapter, the term ‘whistle- whistleblower office’ means the Office of Ac- ployee is the basis of the whistleblower com- blower complaint’ means a complaint by an countability Review or a successor office plaint. employee of the Department disclosing, or that is established or designated by the Sec- ‘‘(e) TRANSFER OF EMPLOYEE WHO FILES assisting another employee to disclose, a po- retary to investigate whistleblower com- WHISTLEBLOWER COMPLAINT.—If a supervisor tential violation of any law, rule, or regula- plaints filed under this section or any other makes a positive determination under sub- tion, or gross mismanagement, gross waste method established by law. of funds, abuse of authority, or substantial section (b)(1) regarding a whistleblower complaint filed by an employee, the Secretary ‘‘§ 733. Adverse actions against supervisory and specific danger to public health and safe- employees who commit prohibited per- ty. shall— ‘‘(1) inform the employee of the ability to sonnel actions relating to whistleblower ‘‘§ 732. Treatment of whistleblower com- volunteer for a transfer in accordance with complaints plaints section 3352 of title 5; and ‘‘(a) IN GENERAL.—(1) In accordance with ‘‘(a) FILING.—(1) In addition to any other ‘‘(2) give preference to the employee for paragraph (2), the Secretary shall carry out method established by law in which an em- such a transfer in accordance with such sec- the following adverse actions against super- ployee may file a whistleblower complaint, tion. visory employees (as defined in section an employee of the Department may file a ‘‘(f) PROHIBITION ON EXEMPTION.—The Sec- 7103(a) of title 5) whom the Secretary, an ad- whistleblower complaint in accordance with retary may not exempt any employee of the ministrative judge, the Merit Systems Pro- subsection (g) with a supervisor of the em- Department from being covered by this sec- tection Board, the Office of Special Counsel, ployee. tion. an adjudicating body provided under a union ‘‘(2) Except as provided by subsection ‘‘(g) WHISTLEBLOWER COMPLAINT FORM.—(1) contract, a Federal judge, or the Inspector (d)(1), in making a whistleblower complaint A whistleblower complaint filed by an em- General of the Department determines com- under paragraph (1), an employee shall file ployee under subsection (a) or (d) shall con- mitted a prohibited personnel action de- the initial complaint with the immediate su- sist of the form described in paragraph (2) scribed in subsection (c): pervisor of the employee. and any supporting materials or documenta- ‘‘(A) With respect to the first offense, an ‘‘(b) NOTIFICATION.—(1)(A) Not later than tion the employee determines necessary. adverse action that is not less than a 12-day four business days after the date on which a ‘‘(2) The form described in this paragraph suspension and not more than removal. supervisor receives a whistleblower com- is a form developed by the Secretary, in con- ‘‘(B) With respect to the second offense, re- plaint by an employee under this section, the sultation with the Special Counsel, that in- moval. supervisor shall notify, in writing, the em- cludes the following: ‘‘(2)(A) An employee against whom an ad- ployee of whether the supervisor determines ‘‘(A) An explanation of the purpose of the verse action under paragraph (1) is proposed that there is a reasonable likelihood that the whistleblower complaint form. is entitled to written notice. complaint discloses a violation of any law, ‘‘(B) Instructions for filing a whistleblower ‘‘(B)(i) An employee who is notified under rule, or regulation, or gross mismanagement, complaint as described in this section. subparagraph (A) of being the subject of a gross waste of funds, abuse of authority, or ‘‘(C) An explanation that filing a whistle- proposed adverse action under paragraph (1) substantial and specific danger to public blower complaint under this section does not is entitled to 14 days following such notifica- health and safety. preclude the employee from any other meth- tion to answer and furnish evidence in support of the answer. ‘‘(B) The supervisor shall retain written od established by law in which an employee ‘‘(ii) If the employee does not furnish any documentation regarding the whistleblower may file a whistleblower complaint. such evidence as described in clause (i) or if complaint and shall submit to the next-level ‘‘(D) A statement directing the employee the Secretary determines that such evidence supervisor and the central whistleblower of- to information accessible on the Internet is not sufficient to reverse the determination fice described in subsection (h) a written re- website of the Department as described in to propose the adverse action, the Secretary port on the complaint. section 735(d). shall carry out the adverse action following ‘‘(2)(A) On a monthly basis, the supervisor ‘‘(E) Fields for the employee to provide— such 14-day period. shall submit to the appropriate director or ‘‘(i) the date that the form is submitted; ‘‘(C) Paragraphs (1) and (2) of subsection (b) other official who is superior to the super- ‘‘(ii) the name of the employee; of section 7513 of title 5, subsection (c) of visor a written report that includes the num- ‘‘(iii) the contact information of the em- such section, paragraphs (1) and (2) of sub- ber of whistleblower complaints received by ployee; section (b) of section 7543 of such title, and the supervisor under this section during the ‘‘(iv) a summary of the whistleblower com- subsection (c) of such section shall not apply month covered by the report, the disposition plaint (including the option to append sup- with respect to an adverse action carried out of such complaints, and any actions taken porting documents pursuant to paragraph under paragraph (1). because of such complaints pursuant to sub- (1)); and ‘‘(b) LIMITATION ON OTHER ADVERSE AC- section (c). ‘‘(v) proposed solutions to the complaint. TIONS.—With respect to a prohibited per- ‘‘(B) In the case in which such a director or ‘‘(F) Any other information or fields that sonnel action described in subsection (c), if official carries out this paragraph, the direc- the Secretary determines appropriate. the Secretary carries out an adverse action tor or official shall submit such monthly re- ‘‘(3) The Secretary, in consultation with against a supervisory employee, the Sec- port to the supervisor of the director or offi- the Special Counsel, shall develop the form retary may carry out an additional adverse cial and to the central whistleblower office described in paragraph (2) by not later than action under this section based on the same described in subsection (h). 60 days after the date of the enactment of prohibited personnel action if the total se- ‘‘(c) POSITIVE DETERMINATION.—If a super- this section. verity of the adverse actions do not exceed visor makes a positive determination under ‘‘(h) CENTRAL WHISTLEBLOWER OFFICE.—(1) the level specified in subsection (a). subsection (b)(1) regarding a whistleblower The Secretary shall ensure that the central ‘‘(c) PROHIBITED PERSONNEL ACTION DE- complaint of an employee, the supervisor whistleblower office— SCRIBED.—A prohibited personnel action de- shall include in the notification to the em- ‘‘(A) is not an element of the Office of the scribed in this subsection is any of the fol- ployee under such subsection the specific ac- General Counsel; lowing actions:

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A27SE6.035 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6153 ‘‘(1) Taking or failing to take a personnel ‘‘§ 735. Training regarding whistleblower ‘‘(B) the disposition of such complaints; action in violation of section 2302 of title 5 complaints and against an employee relating to the em- ‘‘(a) TRAINING.—Not less frequently than ‘‘(C) the ways in which the Secretary ad- ployee— once each year, the Secretary, in coordina- dressed such complaints; and ‘‘(A) filing a whistleblower complaint in tion with the Whistleblower Protection Om- ‘‘(3) with respect to disclosures made by a accordance with section 732 of this title; budsman designated under section 3(d)(1)(C) contractor under section 4705 or 4712 of title ‘‘(B) filing a whistleblower complaint with of the Inspector General Act of 1978 (5 U.S.C. 41— the Inspector General of the Department, the App.), shall provide to each employee of the ‘‘(A) the number of complaints relating to Special Counsel, or Congress; Department training regarding whistle- such disclosures that were investigated by ‘‘(C) providing information or partici- blower complaints, including— the Inspector General of the Department of pating as a witness in an investigation of a ‘‘(1) an explanation of each method estab- Veterans Affairs during the year covered by whistleblower complaint in accordance with lished by law in which an employee may file the report; section 732 or with the Inspector General of a whistleblower complaint; ‘‘(B) the disposition of such complaints; the Department, the Special Counsel, or Con- ‘‘(2) an explanation of prohibited personnel and gress; actions described by section 733(c) of this ‘‘(C) the ways in which the Secretary ad- ‘‘(D) participating in an audit or investiga- title; dressed such complaints. tion by the Comptroller General of the ‘‘(3) with respect to supervisors, how to ‘‘(b) NOTICE OF OFFICE OF SPECIAL COUNSEL United States; treat whistleblower complaints in accord- DETERMINATIONS.—Not later than 30 days ‘‘(E) refusing to perform an action that is ance with section 732 of this title; after the date on which the Secretary re- unlawful or prohibited by the Department; ‘‘(4) the right of the employee to petition ceives from the Special Counsel information or Congress regarding a whistleblower com- relating to a whistleblower complaint pursu- ‘‘(F) engaging in communications that are plaint in accordance with section 7211 of title ant to section 1213 of title 5, the Secretary related to the duties of the position or are 5; shall notify the appropriate committees of otherwise protected. ‘‘(5) an explanation that the employee may Congress of such information, including the ‘‘(2) Preventing or restricting an employee not be prosecuted or reprised against for dis- determination made by the Special Counsel. from making an action described in any of closing information to Congress, the Inspec- ‘‘(c) APPROPRIATE COMMITTEES OF CON- subparagraphs (A) through (F) of paragraph tor General, or another investigatory agency GRESS.—In this section, the term ‘appro- (1). in instances where such disclosure is per- priate committees of Congress’ means— ‘‘(3) Conducting a negative peer review or mitted by law, including under sections 5701, ‘‘(1) the Committee on Veterans’ Affairs opening a retaliatory investigation because 5705, and 7732 of this title, under section 552a and the Committee on Homeland Security of an activity of an employee that is proof title 5 (commonly referred to as the Pri- and Governmental Affairs of the Senate; and tected by section 2302 of title 5. vacy Act), under chapter 93 of title 18, and ‘‘(2) the Committee on Veterans’ Affairs ‘‘(4) Requesting a contractor to carry out pursuant to regulations promulgated under and the Committee on Oversight and Govern- an action that is prohibited by section section 264(c) of the Health Insurance Port- ment Reform of the House of Representa- 4705(b) or section 4712(a)(1) of title 41, as the ability and Accountability Act of 1996 (Pub- tives.’’. case may be. lic Law 104–191); (2) CONFORMING AND CLERICAL AMEND- MENTS.— ‘‘§ 734. Evaluation criteria of supervisors and ‘‘(6) an explanation of the language that is (A) CONFORMING AMENDMENT.—Such chap- treatment of bonuses required to be included in all nondisclosure policies, forms, and agreements pursuant to ter is further amended by inserting before ‘‘(a) EVALUATION CRITERIA.—(1) In evalu- section 115(a)(1) of the Whistleblower Protec- section 701 the following: ating the performance of supervisors of the tion Enhancement Act of 2012 (5 U.S.C. 2302 ‘‘SUBCHAPTER I—GENERAL EMPLOYEE Department, the Secretary shall include the note); and MATTERS’’. criteria described in paragraph (2). ‘‘(7) the right of contractors to be pro- (B) CLERICAL AMENDMENTS.—The table of ‘‘(2) The criteria described in this sub- tected from reprisal for the disclosure of cer- sections at the beginning of such chapter is section are the following: tain information under section 4705 or 4712 of amended— ‘‘(A) Whether the supervisor treats whis- title 41. (i) by inserting before the item relating to tleblower complaints in accordance with sec- ‘‘(b) MANNER TRAINING IS PROVIDED.—The section 701 the following new item: tion 732 of this title. Secretary shall ensure that training pro- ‘‘(B) Whether the appropriate deciding offi- vided under subsection (a) is provided in per- ‘‘SUBCHAPTER I—GENERAL EMPLOYEE cial, performance review board, or perform- son. MATTERS’’; ance review committee determines that the ‘‘(c) CERTIFICATION.—Not less frequently and supervisor was found to have committed a than once each year, the Secretary shall pro- (ii) by adding at the end the following new prohibited personnel action described in sec- vide training on merit system protection in items: tion 733(b) of this title by an administrative a manner that the Special Counsel certifies ‘‘SUBCHAPTER II—WHISTLEBLOWER judge, the Merit Systems Protection Board, as being satisfactory. COMPLAINTS the Office of Special Counsel, an adjudi- ‘‘(d) PUBLICATION.—(1) The Secretary shall ‘‘731. Whistleblower complaint defined. cating body provided under a union contract, publish on the Internet website of the De- ‘‘732. Treatment of whistleblower com- a Federal judge, or, in the case of a settle- partment, and display prominently at each plaints. ment of a whistleblower complaint (regard- facility of the Department, the rights of an ‘‘733. Adverse actions against supervisory less of whether any fault was assigned under employee to file a whistleblower complaint, employees who commit prohib- such settlement), the Secretary. including the information described in para- ited personnel actions relating graphs (1) through (7) of subsection (a). ‘‘(b) BONUSES.—(1) The Secretary may not to whistleblower complaints. pay to a supervisor described in subsection ‘‘(2) The Secretary shall publish on the Internet website of the Department, the ‘‘734. Evaluation criteria of supervisors and (a)(2)(B) an award or bonus under this title treatment of bonuses. or title 5, including under chapter 45 or 53 of whistleblower complaint form described in section 732(g)(2). ‘‘735. Training regarding whistleblower com- such title, during the one-year period begin- plaints. ning on the date on which the determination ‘‘§ 736. Reports to Congress ‘‘736. Reports to Congress.’’. was made under such subsection. ‘‘(a) ANNUAL REPORTS.—Not less frequently (b) TREATMENT OF CONGRESSIONAL TESTI- ‘‘(2) Notwithstanding any other provision than once each year, the Secretary shall sub- MONY BY DEPARTMENT OF VETERANS AFFAIRS of law, the Secretary shall issue an order di- mit to the appropriate committees of Con- EMPLOYEES AS OFFICIAL DUTY.— recting a supervisor described in subsection gress a report that includes— (1) IN GENERAL.—Subchapter I of chapter 7 (a)(2)(B) to repay the amount of any award ‘‘(1) with respect to whistleblower com- of title 38, United States Code, as designated or bonus paid under this title or title 5, in- plaints filed under section 732 of this title by section 2(a)(2)(A), is amended by adding at cluding under chapter 45 or 53 of such title, during the year covered by the report— the end the following new section: if— ‘‘(A) the number of such complaints filed; ‘‘(A) such award or bonus was paid for per- ‘‘(B) the disposition of such complaints; ‘‘§ 715. Congressional testimony by employees: formance during a period in which the super- and treatment as official duty visor committed a prohibited personnel ac- ‘‘(C) the ways in which the Secretary ad- ‘‘(a) CONGRESSIONAL TESTIMONY.—An em- tion as determined pursuant to such sub- dressed such complaints in which a positive ployee of the Department is performing offi- section (a)(2)(B); determination was made by a supervisor cial duty during the period with respect to ‘‘(B) the Secretary determines such repay- under subsection (b)(1) of such section; which the employee is testifying in an offi- ment appropriate pursuant to regulations ‘‘(2) the number of whistleblower com- cial capacity in front of either chamber of prescribed by the Secretary to carry out this plaints filed during the year covered by the Congress, a committee of either chamber of section; and report that are not included under paragraph Congress, or a joint or select committee of ‘‘(C) the supervisor is afforded notice and (1), including— Congress. an opportunity for a hearing before making ‘‘(A) the method in which such complaints ‘‘(b) TRAVEL EXPENSES.—The Secretary such repayment. were filed; shall provide travel expenses, including per

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A27SE6.035 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6154 CONGRESSIONAL RECORD — SENATE September 27, 2016

diem in lieu of subsistence, in accordance SEC. 249. Section 322(d)(1) of title 38, United (A) is not part of the Federal Government; with applicable provisions under subchapter States Code, is amended— (B) operates as a not-for-profit entity; and I of chapter 57 of title 5, to any employee of (1) by striking ‘‘allowance to a veteran’’ (C) has expertise and objectivity com- the Department of Veterans Affairs per- and inserting the following: ‘‘allowance to— parable to that of the Joint Commission on forming official duty described under sub- ‘‘(A) a veteran’’; Accreditation of Hospital Organizations. section (a).’’. (2) in subparagraph (A), as designated by (c) REMEDIATION PLAN.— (2) CLERICAL AMENDMENT.—The table of paragraph (1), by striking the period at the (1) INITIAL FAILURE.—If a kitchen or food sections at the beginning of such chapter, as end and inserting ‘‘; and’’; and service area of a medical facility of the De- amended by section 2(a)(2)(B), is further (3) by adding at the end the following new partment is determined pursuant to an in- amended by inserting after the item relating subparagraph: spection conducted under subsection (a) not to section 713 the following new item: ‘‘(B) a veteran with a VA service-connected to meet the standards for kitchens and food ‘‘715. Congressional testimony by employees: disability rated as 30 percent or greater by service areas in hospitals in the private sec- treatment as official duty.’’. the Department of Veterans Affairs who is tor, that medical facility fails the inspection selected by the United States Olympic Com- and the Secretary shall— SEC. 248. (a) IN GENERAL.—For the purposes (A) implement a remediation plan for that of verifying that an individual performed mittee for the United States Olympic Team for any month in which the veteran is com- medical facility within 72 hours; and service under honorable conditions that sat- (B) Conduct a second inspection under sub- isfies the requirements of a coastwise mer- peting in any event sanctioned by the Na- tional Governing Bodies of the United States section (a) at that medical facility within 14 chant seaman who is recognized pursuant to days of the failed inspection. section 401 of the GI Bill Improvement Act of Olympic Sports.’’. SEC. 250. (a) IN GENERAL.—Section 111(b)(1) (2) SECOND FAILURE.—If a medical facility 1977 (Public Law 95–202; 38 U.S.C. 106 note) as of title 38, United States Code, is amended by of the Department fails the second inspec- having performed active duty service for the adding at the end the following new subpara- tion conducted under paragraph (1)(B), the purposes described in subsection (c)(1), the graph: Secretary shall close the kitchen or food Secretary of Defense shall accept the fol- ‘‘(G) A veteran with vision impairment, a service area at that medical facility that did lowing: veteran with a spinal cord injury or disorder, not meet the standards for kitchens and food (1) In the case of an individual who served or a veteran with double or multiple amputa- service areas in hospitals in the private sec- on a coastwise merchant vessel seeking such tions whose travel is in connection with care tor until full remediation is completed and recognition for whom no applicable Coast provided through a special disabilities reha- all kitchens and food service areas at that Guard shipping or discharge form, ship log- bilitation program of the Department (in- medical facility meet such standards. book, merchant mariner’s document or Z- cluding programs provided by spinal cord in- (3) PROVISION OF FOOD.—If a kitchen or food card, or other official employment record is jury centers, blind rehabilitation centers, service area is closed at a medical facility of available, the Secretary of Defense shall pro- and prosthetics rehabilitation centers) if the Department pursuant to paragraph (2), vide such recognition on the basis of applica- such care is provided— the Director of the Veterans Integrated ble Social Security Administration records ‘‘(i) on an in-patient basis; or Service Network in which the medical facil- submitted for or by the individual, together ‘‘(ii) during a period in which the Sec- ity is located shall enter into a contract with validated testimony given by the indi- retary provides the veteran with temporary with a vendor approved by the General Serv- vidual or the primary next of kin of the indi- lodging at a facility of the Department to ices Administration to provide food at the vidual that the individual performed such make such care more accessible to the vet- medical facility. service during the period beginning on De- (d) QUARTERLY REPORTS.—Not less fre- eran.’’. cember 7, 1941, and ending on December 31, quently than quarterly, the Under Secretary (b) REPORT.—Not later than 180 days after 1946. the date of the enactment of this Act, the of Health shall submit to Congress a report on inspections conducted under this section, (2) In the case of an individual who served Secretary of Veterans Affairs shall submit to and their detailed findings and actions on a coastwise merchant vessel seeking such the Committee on Veterans’ Affairs of the taken, during the preceding quarter at med- recognition for whom the applicable Coast Senate and the Committee on Veterans’ Af- ical facilities of the Department. Guard shipping or discharge form, ship log- fairs of the House of Representatives a re- book, merchant mariner’s document or Z- SEC. 252. (a) IN GENERAL.—Not later than 90 port on the beneficiary travel program under days after the date of the enactment of this card, or other official employment record section 111 of title 38, United States Code, as has been destroyed or otherwise become un- Act, the Secretary of Veterans Affairs shall amended by subsection (a), that includes the establish a program to conduct risk-based in- available by reason of any action committed following: by a person responsible for the control and spections for mold and mold issues at each (1) The cost of the program. medical facility of the Department of Vet- maintenance of such form, logbook, or (2) The number of veterans served by the record, the Secretary of Defense shall accept erans Affairs. Such facilities will be rated program. high, medium, or low risk for mold. Such in- other official documentation demonstrating (3) Such other matters as the Secretary spections at facilities rated high risk shall that the individual performed such service considers appropriate. occur not less frequently than annually, and during period beginning on December 7, 1941, (c) EFFECTIVE DATE.—The amendment such inspections at facilities rated medium and ending on December 31, 1946. made by subsection (a) shall take effect on or low risk shall occur not less frequently (3) For the purpose of determining whether the first day of the first fiscal year that be- than biennially. to recognize service allegedly performed dur- gins after the date of the enactment of this (b) AGREEMENT.— ing the period beginning on December 7, 1941, Act. (1) IN GENERAL.—The Secretary shall seek and ending on December 31, 1946, the Sec- SEC. 251. (a) IN GENERAL.—Not later than 90 to enter into an agreement with the Joint retary shall recognize masters of seagoing days after the date of the enactment of this Commission on Accreditation of Hospital Or- vessels or other officers in command of simi- Act, the Secretary of Veterans Affairs shall ganizations under which the Joint Commis- larly organized groups as agents of the establish a program to conduct inspections sion on Accreditation of Hospital Organiza- United States who were authorized to docu- of kitchens and food service areas at each tions conducts the inspections required ment any individual for purposes of hiring medical facility of the Department of Vet- under subsection (a). the individual to perform service in the mer- erans Affairs. Such inspections shall occur (2) ALTERNATE ORGANIZATION.—If the Sec- chant marine or discharging an individual not less frequently than annually. The pro- retary is unable to enter into an agreement from such service. gram’s goal is to ensure that the same stand- described in paragraph (1) with the Joint (b) TREATMENT OF OTHER DOCUMENTA- ards for kitchens and food service areas at Commission on Accreditation of Hospital Or- TION.—Other documentation accepted by the hospitals in the private sector are being met ganizations on terms acceptable to the Sec- Secretary of Defense pursuant to subsection at kitchens and food service areas at medical retary, the Secretary shall seek to enter into (a)(2) shall satisfy all requirements for eligi- facilities of the Department. such an agreement with another appropriate bility of service during the period beginning (b) AGREEMENT.— organization that— on December 7, 1941, and ending on December (1) IN GENERAL.—The Secretary shall seek (A) is not part of the Federal Government; 31, 1946. to enter into an agreement with the Joint (B) operates as a not-for-profit entity; and (c) BENEFITS ALLOWED.— Commission on Accreditation of Hospital Or- (C) has expertise and objectivity com- (1) MEDALS, RIBBONS, AND DECORATIONS.— ganizations under which the Joint Commis- parable to that of the Joint Commission on An individual whose service is recognized as sion on Accreditation of Hospital Organiza- Accreditation of Hospital Organizations. active duty pursuant to subsection (a) may tions conducts the inspections required (c) REMEDIATION PLAN.—If a medical facil- be awarded an appropriate medal, ribbon, or under subsection (a). ity of the Department is determined pursu- other military decoration based on such (2) ALTERNATE ORGANIZATION.—If the Sec- ant to an inspection conducted under sub- service. retary is unable to enter into an agreement section (a) to have a mold issue, the Sec- (2) STATUS OF VETERAN.—An individual described in paragraph (1) with the Joint retary shall— whose service is recognized as active duty Commission on Accreditation of Hospital Or- (1) implement a remediation plan for that pursuant to subsection (a) shall be honored ganizations on terms acceptable to the Sec- medical facility within 7 days; and as a veteran but shall not be entitled by rea- retary, the Secretary shall seek to enter into (2) Conduct a second inspection under sub- son of such recognized service to any benefit such an agreement with another appropriate section (a) at that medical facility within 90 that is not described in this subsection. organization that— days of the initial inspection.

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A27SE6.035 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6155

(d) QUARTERLY REPORTS.—Not less fre- ly assistance allowances to veterans pursu- (3) funds available for Construction, Major quently than quarterly, the Under Secretary ant to 38 U.S.C. 322(d) and up to $8,000,000 Projects, for a fiscal year after fiscal year for Health shall submit to Congress a report shall be available for the payment of grants 2016 that remain available for obligation; on inspections conducted under this section, pursuant to 38 U.S.C. 521A. (4) funds appropriated for Construction, and their detailed findings and actions SEC. 258. (a) In fiscal year 2017 and each fis- Major Projects, for fiscal year 2016 for a cat- taken, during the preceding quarter at med- cal year hereafter, beginning with the fiscal egory of activity not specific to a project; ical facilities of the Department. year 2018 budget request submitted to Con- (5) funds appropriated for Construction, SEC. 253. Section 1706(b)(5)(A) of title 38, gress pursuant to section 1105(a) of title 31, Major Projects, for a fiscal year before fiscal United States Code, is amended, in the first United States Code, the budget justification year 2016 for a category of activity not spe- sentence, by striking ‘‘through 2008’’. documents submitted for the ‘‘Construction, cific to a project; and SEC. 254. (a) The Secretary of Veterans Af- Major Projects’’ account of the Department (6) funds appropriated for Construction, fairs may use amounts appropriated or oth- of Veterans Affairs shall include, at a min- Major Projects, for a fiscal year after fiscal erwise made available in this title to ensure imum, the information required under sub- year 2016 for a category of activity not spe- that the ratio of veterans to full-time em- section (b). cific to a project. ployment equivalents within any program of (b) The budget justification documents SEC. 260. (a) Notwithstanding any other rehabilitation conducted under chapter 31 of submitted pursuant to subsection (a) shall provision of law, the amounts appropriated title 38, United States Code, does not exceed include, for each project— or otherwise made available to the Depart- 125 veterans to one full-time employment (1) the estimated total cost of the project; ment of Veterans Affairs for the ‘‘Medical equivalent. (2) the funding provided for each fiscal year Services’’ account may be used to provide— (b) Not later than 180 days after the date of prior to the budget year; (1) fertility counseling and treatment the enactment of this Act, the Secretary (3) the amount requested for the budget using assisted reproductive technology to a shall submit to Congress a report on the pro- year; covered veteran or the spouse of a covered grams of rehabilitation conducted under (4) the estimated funding required for the veteran; or chapter 31 of title 38, United States Code, in- project for each of the 4 fiscal years suc- (2) adoption reimbursement to a covered cluding— ceeding the budget year; and veteran. (1) an assessment of the veteran-to-staff (5) such additional information as is enu- (b) In this section: ratio for each such program; and merated under the heading relating to the (1) The term ‘‘service-connected’’ has the (2) recommendations for such action as the ‘‘Construction, Major Projects’’ account of meaning given such term in section 101 of Secretary considers necessary to reduce the the Department of Veterans Affairs in the title 38, United States Code. veteran-to-staff ratio for each such program. joint explanatory statement accompanying (2) The term ‘‘covered veteran’’ means a SEC. 255. (a) None of the funds made avail- this Act. veteran, as such term is defined in section able in this Act may be used to deny an In- (c) Not later than 45 days after the date of 101 of title 38, United States Code, who has a spector General funded under this Act timely enactment of this Act, the Secretary of Vet- service-connected disability that results in access to any records, documents, or other erans Affairs shall submit to the Committees the inability of the veteran to procreate materials available to the department or on Appropriations of both Houses of Con- without the use of fertility treatment. agency over which that Inspector General gress a proposed budget justification tem- (3) The term ‘‘assisted reproductive tech- has responsibilities under the Inspector Gen- plate that complies with the requirements of nology’’ means benefits relating to reproduc- eral Act of 1978 (5 U.S.C. App.), or to prevent this section. tive assistance provided to a member of the or impede that Inspector General’s access to SEC. 259. (a) The Secretary of Veterans Af- Armed Forces who incurs a serious injury or such records, documents, or other materials, fairs may carry out the following major med- illness on active duty pursuant to section under any provision of law, except a provi- ical facility projects, with each project to be 1074(c)(4)(A) of title 10, United States Code, sion of law that expressly refers to the In- carried out in an amount not to exceed the as described in the memorandum on the sub- spector General and expressly limits the In- amount specified for that project: ject of ‘‘Policy for Assisted Reproductive spector General’s right of access. (1) Seismic corrections to buildings, in- Services for the Benefit of Seriously or Se- (b) A department or agency covered by this cluding retrofitting and replacement of high- verely Ill/Injured (Category II or III) Active section shall provide its Inspector General risk buildings, in San Francisco, California, Duty Service Members’’ issued by the Assist- with access to all such records, documents, in an amount not to exceed $180,480,000. ant Secretary of Defense for Health Affairs and other materials in a timely manner. (2) Seismic corrections to facilities, includ- on April 3, 2012, and the guidance issued to (c) Each Inspector General shall ensure ing facilities to support homeless veterans, implement such policy, including any limita- compliance with statutory limitations on at the medical center in West Los Angeles, tions on the amount of such benefits avail- disclosure relevant to the information pro- California, in an amount not to exceed able to such a member. vided by the establishment over which that $105,500,000. (4) The term ‘‘adoption reimbursement’’ Inspector General has responsibilities under (3) Seismic corrections to the mental means reimbursement for the adoption-re- the Inspector General Act of 1978 (5 U.S.C. health and community living center in Long lated expenses for an adoption that is final- App.). Beach, California, in an amount not to ex- ized after the date of the enactment of this (d) Each Inspector General covered by this ceed $287,100,000. Act under the same terms as apply under the section shall report to the Committees on (4) Construction of an outpatient clinic, adoption reimbursement program of the De- Appropriations of the House of Representa- administrative space, cemetery, and col- partment of Defense, as authorized in De- tives and the Senate within 5 calendar days umbarium in Alameda, California, in an partment of Defense Instruction 1341.09, in- any failures to comply with this require- amount not to exceed $87,332,000. cluding the reimbursement limits and re- ment. (5) Realignment of medical facilities in quirements set forth in such instruction. SEC. 256. None of the funds appropriated or Livermore, California, in an amount not to (c) Amounts made available for the pur- otherwise made available in this title may exceed $194,430,000. poses specified in subsection (a) of this sec- be used by the Secretary of Veterans Affairs (6) Construction of a medical center in tion are subject to the requirements for to enter into an agreement related to resolv- Louisville, Kentucky, in an amount not to funds contained in section 508 of division H ing a dispute or claim with an individual exceed $150,000,000. of the Consolidated Appropriations Act, 2016 that would restrict in any way the individual (7) Construction of a replacement commu- (Public Law 114–113). from speaking to members of Congress or nity living center in Perry Point, Maryland, TITLE III their staff on any topic not otherwise prohib- in an amount not to exceed $92,700,000. RELATED AGENCIES ited from disclosure by Federal law or re- (8) Seismic corrections and other renova- quired by Executive Order to be kept secret tions to several buildings and construction AMERICAN BATTLE MONUMENTS COMMISSION in the interest of national defense or the of a specialty care building in American SALARIES AND EXPENSES conduct of foreign affairs. Lake, Washington, in an amount not to ex- For necessary expenses, not otherwise pro- SEC. 257. Appropriations made available in ceed $16,260,000. vided for, of the American Battle Monu- this Act under the heading ‘‘Medical Serv- (b) There is authorized to be appropriated ments Commission, including the acquisition ices’’ shall be available to carry out sections to the Secretary of Veterans Affairs for fis- of land or interest in land in foreign coun- 322(d) and 521A of title 38, United States cal year 2016 or the year in which funds are tries; purchases and repair of uniforms for Code, to include the payment of the adminis- appropriated for the Construction, Major caretakers of national cemeteries and monu- trative expenses necessary to carry out such Projects, account, $1,113,802,000 for the ments outside of the United States and its sections. Of the amount appropriated for fis- projects authorized in subsection (a). territories and possessions; rent of office and cal year 2017, up to $2,000,000 shall be avail- (c) The projects authorized in subsection garage space in foreign countries; purchase able for the payment of monthly assistance (a) may only be carried out using— (one-for-one replacement basis only) and hire allowances to veterans pursuant to 38 U.S.C. (1) funds appropriated for fiscal year 2016 of passenger motor vehicles; not to exceed 322(d) and up to $8,000,000 shall be available pursuant to the authorization of appropria- $7,500 for official reception and representa- for the payment of grants pursuant to 38 tions in subsection (b); tion expenses; and insurance of official U.S.C. 521A. Of the amounts appropriated in (2) funds available for Construction, Major motor vehicles in foreign countries, when re- advance for fiscal year 2018, up to $2,000,000 Projects, for a fiscal year before fiscal year quired by law of such countries, $75,100,000, shall be available for the payment of month- 2016 that remain available for obligation; to remain available until expended.

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A27SE6.035 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6156 CONGRESSIONAL RECORD — SENATE September 27, 2016

FOREIGN CURRENCY FLUCTUATIONS ACCOUNT ations/Global War on Terrorism pursuant to provided in, this or any other appropriations For necessary expenses, not otherwise pro- section 251(b)(2)(A)(ii) of the Balanced Budg- Act. vided for, of the American Battle Monu- et and Emergency Deficit Control Act of SEC. 506. None of the funds made available ments Commission, such sums as may be 1985. in this Act may be used for a project or pro- necessary, to remain available until ex- MILITARY CONSTRUCTION, NAVY AND MARINE gram named for an individual serving as a pended, for purposes authorized by section CORPS Member, Delegate, or Resident Commis- sioner of the United States House of Rep- 2109 of title 36, United States Code. For an additional amount for ‘‘Military resentatives. UNITED STATES COURT OF APPEALS FOR Construction, Navy and Marine Corps’’, SEC. 507. (a) Any agency receiving funds $59,809,000, to remain available until Sep- VETERANS CLAIMS made available in this Act, shall, subject to tember 30, 2021, for projects outside of the SALARIES AND EXPENSES subsections (b) and (c), post on the public United States: Provided, That such amount is For necessary expenses for the operation of Web site of that agency any report required designated by the Congress for Overseas Con- the United States Court of Appeals for Vet- to be submitted by the Congress in this or tingency Operations/Global War on Ter- erans Claims as authorized by sections 7251 any other Act, upon the determination by rorism pursuant to section 251(b)(2)(A)(ii) of through 7298 of title 38, United States Code, the head of the agency that it shall serve the the Balanced Budget and Emergency Deficit $30,945,000: Provided, That $2,500,000 shall be national interest. Control Act of 1985. available for the purpose of providing finan- (b) Subsection (a) shall not apply to a re- cial assistance as described, and in accord- MILITARY CONSTRUCTION, AIR FORCE port if— ance with the process and reporting proce- For an additional amount for ‘‘Military (1) the public posting of the report com- dures set forth, under this heading in Public Construction, Air Force’’ $88,291,000, to re- promises national security; or Law 102–229. main available until September 30, 2021, for (2) the report contains confidential or pro- DEPARTMENT OF DEFENSE—CIVIL projects outside of the United States: Pro- prietary information. vided, That such amount is designated by the (c) The head of the agency posting such re- CEMETERIAL EXPENSES, ARMY Congress for Overseas Contingency Oper- port shall do so only after such report has SALARIES AND EXPENSES ations/Global War on Terrorism pursuant to been made available to the requesting Com- For necessary expenses for maintenance, section 251(b)(2)(A)(ii) of the Balanced Budg- mittee or Committees of Congress for no less operation, and improvement of Arlington et and Emergency Deficit Control Act of than 45 days. National Cemetery and Soldiers’ and Air- 1985. SEC. 508. (a) None of the funds made available in this Act may be used to maintain or men’s Home National Cemetery, including MILITARY CONSTRUCTION, DEFENSE-WIDE the purchase or lease of passenger motor ve- establish a computer network unless such For an additional amount for ‘‘Military network blocks the viewing, downloading, hicles for replacement on a one-for-one basis Construction, Defense-Wide’’, $5,000,000, to only, and not to exceed $1,000 for official re- and exchanging of pornography. remain available until September 30, 2021, for (b) Nothing in subsection (a) shall limit ception and representation expenses, projects outside of the United States: Pro- $70,800,000, of which not to exceed $15,000,000 the use of funds necessary for any Federal, vided, That such amount is designated by the State, tribal, or local law enforcement agen- shall remain available until September 30, Congress for Overseas Contingency Oper- 2019. In addition, such sums as may be nec- cy or any other entity carrying out criminal ations/Global War on Terrorism pursuant to investigations, prosecution, or adjudication essary for parking maintenance, repairs and section 251(b)(2)(A)(ii) of the Balanced Budg- replacement, to be derived from the ‘‘Lease activities. et and Emergency Deficit Control Act of SEC. 509. None of the funds made available of Department of Defense Real Property for 1985. Defense Agencies’’ account. in this Act may be used by an agency of the ADMINISTRATIVE PROVISION executive branch to pay for first-class travel ARMED FORCES RETIREMENT HOME SEC. 401. Each amount designated in this by an employee of the agency in contraven- TRUST FUND Act by the Congress for Overseas Contin- tion of sections 301–10.122 through 301–10.124 For expenses necessary for the Armed gency Operations/Global War on Terrorism of title 41, Code of Federal Regulations. Forces Retirement Home to operate and pursuant to section 251(b)(2)(A)(ii) of the Bal- SEC. 510. None of the funds made available maintain the Armed Forces Retirement anced Budget and Emergency Deficit Control in this Act may be used to execute a con- Home—Washington, District of Columbia, Act of 1985 shall be available only if the tract for goods or services, including con- and the Armed Forces Retirement Home— President subsequently so designates all struction services, where the contractor has Gulfport, Mississippi, to be paid from funds such amounts and transmits such designa- not complied with Executive Order No. 12989. available in the Armed Forces Retirement tions to the Congress. SEC. 511. None of the funds made available by this Act may be used by the Department Home Trust Fund, $64,300,000, of which TITLE V $1,000,000 shall remain available until ex- of Defense or the Department of Veterans Af- GENERAL PROVISIONS pended for construction and renovation of fairs to lease or purchase new light duty ve- the physical plants at the Armed Forces Re- SEC. 501. No part of any appropriation con- hicles for any executive fleet, or for an agen- tirement Home—Washington, District of Co- tained in this Act shall remain available for cy’s fleet inventory, except in accordance lumbia, and the Armed Forces Retirement obligation beyond the current fiscal year un- with Presidential Memorandum—Federal Home—Gulfport, Mississippi: Provided, That less expressly so provided herein. Fleet Performance, dated May 24, 2011. of the amounts made available under this SEC. 502. None of the funds made available SEC. 512. (a) IN GENERAL.—None of the heading from funds available in the Armed in this Act may be used for any program, funds appropriated or otherwise made avail- Forces Retirement Home Trust Fund, project, or activity, when it is made known able to the Department of Defense in this $22,000,000 shall be paid from the general fund to the Federal entity or official to which the Act may be used to construct, renovate, or of the Treasury to the Trust Fund. funds are made available that the program, expand any facility in the United States, its project, or activity is not in compliance with territories, or possessions to house any indi- ADMINISTRATIVE PROVISIONS any Federal law relating to risk assessment, vidual detained at United States Naval Sta- SEC. 301. Funds appropriated in this Act the protection of private property rights, or tion, Guanta´ namo Bay, Cuba, for the pur- under the heading ‘‘Department of Defense— unfunded mandates. poses of detention or imprisonment in the Civil, Cemeterial Expenses, Army’’, may be SEC. 503. All departments and agencies custody or under the control of the Depart- provided to Arlington County, Virginia, for funded under this Act are encouraged, within ment of Defense. the relocation of the federally owned water the limits of the existing statutory authori- (b) The prohibition in subsection (a) shall main at Arlington National Cemetery, mak- ties and funding, to expand their use of ‘‘E- not apply to any modification of facilities at ing additional land available for ground bur- Commerce’’ technologies and procedures in United States Naval Station, Guanta´ namo ials. the conduct of their business practices and Bay, Cuba. SEC. 302. Amounts deposited into the spe- public service activities. (c) An individual described in this sub- cial account established under 10 U.S.C. 4727 SEC. 504. Unless stated otherwise, all re- section is any individual who, as of June 24, are appropriated and shall be available until ports and notifications required by this Act 2009, is located at United States Naval Sta- expended to support activities at the Army shall be submitted to the Subcommittee on tion, Guanta´ namo Bay, Cuba, and who— National Military Cemeteries. Military Construction and Veterans Affairs, (1) is not a citizen of the United States or TITLE IV and Related Agencies of the Committee on a member of the Armed Forces of the United OVERSEAS CONTINGENCY OPERATIONS Appropriations of the House of Representa- States; and tives and the Subcommittee on Military (2) is— DEPARTMENT OF DEFENSE Construction and Veterans Affairs, and Re- (A) in the custody or under the effective MILITARY CONSTRUCTION, ARMY lated Agencies of the Committee on Appro- control of the Department of Defense; or For an additional amount for ‘‘Military priations of the Senate. (B) otherwise under detention at United Construction, Army’’, $18,900,000, to remain SEC. 505. None of the funds made available States Naval Station, Guanta´ namo Bay, available until September 30, 2021, for in this Act may be transferred to any depart- Cuba. projects outside of the United States: Pro- ment, agency, or instrumentality of the This division may be cited as the ‘‘Military vided, That such amount is designated by the United States Government except pursuant Construction, Veterans Affairs, and Related Congress for Overseas Contingency Oper- to a transfer made by, or transfer authority Agencies Appropriations Act, 2017’’.

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A27SE6.035 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6157

DIVISION B—ZIKA RESPONSE AND development and purchase of vaccines, TRANSFER AUTHORITIES PREPAREDNESS therapeutics, diagnostics, necessary medical SEC. 102. Funds appropriated by this title TITLE I supplies, and administrative activities; for may be transferred to, and merged with, carrying out section 501 of the Social Secu- other appropriation accounts under the DEPARTMENT OF HEALTH AND HUMAN rity Act; and for carrying out sections 330 SERVICES headings ‘‘Centers for Disease Control and through 336 and 338 of the PHS Act: Provided, Prevention’’, ‘‘Public Health and Social CENTERS FOR DISEASE CONTROL AND That funds appropriated in this paragraph Services Emergency Fund’’, and ‘‘National PREVENTION may be used to procure security counter- Institutes of Health’’ for the purposes speci- CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT measures (as defined in section 319F– fied in this title following consultation with 2(c)(1)(B) of the PHS Act): Provided further, For an additional amount for fiscal year the Office of Management and Budget: Pro- That paragraphs (1) and (7)(C) of subsection 2016 for ‘‘CDC-Wide Activities and Program vided, That the Committees on Appropria- (c) of section 319F–2 of the PHS Act, but no Support’’, $394,000,000, to remain available tions shall be notified 10 days in advance of other provisions of such section, shall apply any such transfer: Provided further, That, until September 30, 2017, to prevent, prepare to such security countermeasures procured upon a determination that all or part of the for, and respond to Zika virus, health condi- with funds appropriated in this paragraph: funds transferred from an appropriation are tions related to such virus, and other vector- Provided further, That products purchased not necessary, such amounts may be trans- borne diseases, domestically and inter- with funds appropriated in this paragraph nationally: Provided, That products pur- may, at the discretion of the Secretary of ferred back to that appropriation: Provided chased with these funds may, at the discre- Health and Human Services, be deposited in further, That none of the funds made avail- tion of the Secretary of Health and Human the Strategic National Stockpile under sec- able by this title may be transferred pursu- Services, be deposited in the Strategic Na- tion 319F–2 of the PHS Act: Provided further, ant to the authority in section 205 of division tional Stockpile under section 319F–2 of the That funds appropriated in this paragraph H of Public Law 114–113 or section 241(a) of Public Health Service (‘‘PHS’’) Act: Provided may be transferred to the fund authorized by the PHS Act. further, That funds may be used for purchase section 319F–4 of the PHS Act: Provided fur- REPORTING REQUIREMENTS and insurance of official motor vehicles in ther, That of the funds appropriated under SEC. 103. Not later than 30 days after enact- foreign countries: Provided further, That the this heading, $75,000,000, in addition to the ment of this Act, the Secretary of Health provisions in section 317S of the PHS Act purposes specified above, shall also be avail- and Human Services shall provide a detailed shall apply to the use of funds appropriated able for necessary expenses for support to spend plan of anticipated uses of funds made in this paragraph as determined by the Di- States, territories, tribes, or tribal organiza- available in this title, including estimated rector of the Centers for Disease Control and tions with active or local transmission cases personnel and administrative costs, to the Prevention to be appropriate: Provided fur- of the Zika virus, as confirmed by the Cen- Committees on Appropriations: Provided, ther, That funds appropriated in this para- ters for Disease Control and Prevention, to That such plans shall be updated and sub- graph may be used for grants for the con- reimburse the costs of health care for health mitted to the Committees on Appropriations struction, alteration, or renovation of non- conditions related to the Zika virus, other every 60 days until September 30, 2017. federally owned facilities to improve pre- than costs that are covered by private health OVERSIGHT paredness and response capability at State insurance, of which not less than $60,000,000 and local laboratories: Provided further, That shall be for territories with the highest rates SEC. 104. Of the funds appropriated by this of the amount appropriated in this para- of Zika transmission: Provided further, That title under the heading ‘‘Public Health and graph, $44,000,000 is included to supplement of the funds appropriated under this heading, Social Services Emergency Fund’’, up to— either fiscal year 2016 or fiscal year 2017 $20,000,000 shall be awarded, notwithstanding (1) $500,000 shall be transferred to, and funds for the Public Health Emergency Pre- section 502 of the Social Security Act, for merged with, funds made available under the paredness cooperative agreement program to projects of regional and national significance heading ‘‘Office of the Secretary, Office of restore fiscal year 2016 funds that were rein Puerto Rico and other territories author- Inspector General’’, and shall remain avail- programmed for Zika virus response prior to ized under section 501 of the Social Security able until expended, for oversight of activi- the enactment of this Act: Provided further, Act: Provided further, That of the funds ap- ties supported with funds appropriated by That such amount is designated by the Con- propriated under this heading, $40,000,000 this title: Provided, That the Secretary of gress as an emergency requirement pursuant shall be used to expand the delivery of pri- Health and Human Services shall consult to section 251(b)(2)(A)(i) of the Balanced mary health services authorized by section with the Committees on Appropriations Budget and Emergency Deficit Control Act 330 of the PHS Act in Puerto Rico and other prior to obligating such funds: Provided fur- of 1985. territories: Provided further, That of the ther, That the transfer authority provided by funds appropriated under this heading, this paragraph is in addition to any other NATIONAL INSTITUTES OF HEALTH $6,000,000 shall, for purposes of providing pri- transfer authority provided by law; and NATIONAL INSTITUTE OF ALLERGY AND mary health services in areas affected by (2) $500,000 shall be made available to the INFECTIOUS DISEASES Zika virus or other vector-borne diseases, be Comptroller General of the United States, (INCLUDING TRANSFER OF FUNDS) used to assign National Health Service Corps and shall remain available until expended, For an additional amount for fiscal year (‘‘NHSC’’) members to Puerto Rico and other for oversight of activities supported with 2016 for ‘‘National Institute of Allergy and territories, notwithstanding the assignment funds appropriated by this title: Provided, Infectious Diseases’’, $152,000,000, to remain priorities and limitations in or under sec- That the Comptroller General shall consult available until September 30, 2017, for re- tions 333(a)(1)(D), 333(b), or 333A(a) of the with the Committees on Appropriations search on the virology, natural history, and PHS Act, and to make NHSC Loan Repay- prior to obligating such funds. pathogenesis of the Zika virus infection and ment Program awards under section 338B of TITLE II preclinical and clinical development of vac- such Act: Provided further, That for purposes DEPARTMENT OF STATE of the previous proviso, section 331(a)(3)(D) of cines and other medical countermeasures for ADMINISTRATION OF FOREIGN AFFAIRS the PHS Act shall be applied as if the term the Zika virus and other vector-borne dis- DIPLOMATIC AND CONSULAR PROGRAMS eases, domestically and internationally: Pro- ‘‘primary health services’’ included health (INCLUDING TRANSFER OF FUNDS) vided, That such funds may be transferred by services regarding pediatric subspecialists: the Director of the National Institutes of Provided further, That such amount is des- For an additional amount for fiscal year ignated by the Congress as an emergency re- Health (‘‘NIH’’) to other accounts of the NIH 2016 for ‘‘Diplomatic and Consular Pro- quirement pursuant to section 251(b)(2)(A)(i) for the purposes provided in this paragraph: grams’’, $14,594,000, to remain available until of the Balanced Budget and Emergency Def- Provided further, That such amount is des- September 30, 2017, for necessary expenses to icit Control Act of 1985. ignated by the Congress as an emergency re- support response efforts related to the Zika quirement pursuant to section 251(b)(2)(A)(i) GENERAL PROVISIONS—THIS TITLE virus, health conditions related to such of the Balanced Budget and Emergency Def- (INCLUDING TRANSFER OF FUNDS) virus, and other vector-borne diseases: Pro- icit Control Act of 1985. DIRECT HIRES vided, That such funds may be made available for medical evacuation costs of any SEC. 101. Funds appropriated by this title OFFICE OF THE SECRETARY other department or agency of the United may be used by the heads of the Department PUBLIC HEALTH AND SOCIAL SERVICES of Health and Human Services, Department States under Chief of Mission authority, and EMERGENCY FUND of State, and the United States Agency for may be transferred to any other appropria- (INCLUDING TRANSFER OF FUNDS) International Development to appoint, with- tion of such department or agency for such For an additional amount for fiscal year out regard to the provisions of sections 3309 costs: Provided further, That such amount is 2016 for ‘‘Public Health and Social Services through 3319 of title 5 of the United States designated by the Congress as an emergency Emergency Fund’’, $387,000,000, to remain Code, candidates needed for positions to per- requirement pursuant to section available until September 30, 2017, to pre- form critical work relating to Zika response 251(b)(2)(A)(i) of the Balanced Budget and vent, prepare for, and respond to Zika virus, for which— Emergency Deficit Control Act of 1985. health conditions related to such virus, and (1) public notice has been given; and EMERGENCIES IN THE DIPLOMATIC AND other vector-borne diseases, domestically (2) the Secretary of Health and Human CONSULAR SERVICE and internationally; to develop necessary Services has determined that such a public For an additional amount for fiscal year countermeasures and vaccines, including the health threat exists. 2016 for ‘‘Emergencies in the Diplomatic and

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A27SE6.035 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6158 CONGRESSIONAL RECORD — SENATE September 27, 2016 Consular Service’’, $4,000,000 for necessary ation Loans Program Account’’, and ‘‘Oper- States and abroad, subject to prior consulta- expenses to support response efforts related ating Expenses’’ may be transferred to, and tion with, and the notification procedures of, to the Zika virus, health conditions related merged with, funds appropriated by this title the Committees on Appropriations: Provided, to such virus, and other vector-borne dis- under such headings to carry out the pur- That such individuals may not be deemed eases, to remain available until September poses of this title. employees of the United States for the pur- 30, 2017: Provided, That such amount is des- (b) The transfer authorities provided by pose of any law administered by the Office of ignated by the Congress as an emergency re- this section are in addition to any other Personnel Management: Provided further, quirement pursuant to section 251(b)(2)(A)(i) transfer authority provided by law. That the authority made available pursuant of the Balanced Budget and Emergency Def- (c) Upon a determination that all or part of to this section shall expire on September 30, icit Control Act of 1985. the funds transferred pursuant to the au- 2017. REPATRIATION LOANS PROGRAM ACCOUNT thorities provided by this section are not DESIGNATION RETENTION necessary for such purposes, such amounts For an additional amount for fiscal year SEC. 303. Any amount appropriated by this may be transferred back to such appropria- 2016 for ‘‘Repatriation Loans Program Ac- division, designated by the Congress as an tions. emergency requirement pursuant to section count’’ for the cost of direct loans, $1,000,000, (d) No funds shall be transferred pursuant to support response efforts related to the 251(b)(2)(A)(i) of the Balanced Budget and to this section unless at least 5 days prior to Emergency Deficit Control Act of 1985 and Zika virus, health conditions related to such making such transfer the Secretary of State virus, and other vector-borne diseases, to re- subsequently so designated by the President, or the Administrator of the United States and transferred pursuant to transfer authori- main available until September 30, 2017: Pro- Agency for International Development, as vided, That such costs, including costs of ties provided by this division shall retain appropriate, notifies the Committees on Ap- such designation. modifying such loans, shall be as defined in propriations in writing of the details of any EFFECTIVE DATE section 502 of the Congressional Budget Act such transfer. of 1974: Provided further, That such funds are SEC. 304. This division shall become effec- available to subsidize an additional amount NOTIFICATION REQUIREMENT tive immediately upon enactment of this of gross obligations for the principal amount SEC. 202. Funds appropriated by this title Act. of direct loans not to exceed $1,880,406: Pro- shall only be available for obligation if the This division may be cited as the ‘‘Zika vided further, That such amount is des- Secretary of State or the Administrator of Response and Preparedness Appropriations ignated by the Congress as an emergency re- the United States Agency for International Act, 2016’’. quirement pursuant to section 251(b)(2)(A)(i) Development, as appropriate, notifies the DIVISION C—CONTINUING of the Balanced Budget and Emergency Def- Committees on Appropriations in writing at APPROPRIATIONS ACT, 2017 icit Control Act of 1985. least 15 days in advance of such obligation. The following sums are hereby appro- UNITED STATES AGENCY FOR CONSOLIDATED REPORTING REQUIREMENT priated, out of any money in the Treasury INTERNATIONAL DEVELOPMENT SEC. 203. Not later than 30 days after enact- not otherwise appropriated, and out of applicable corporate or other revenues, receipts, FUNDS APPROPRIATED TO THE PRESIDENT ment of this Act and prior to the initial obligation of funds made available by this title, and funds, for the several departments, agen- OPERATING EXPENSES the Secretary of State and the Adminis- cies, corporations, and other organizational For an additional amount for fiscal year trator of the United States Agency for Inter- units of Government for fiscal year 2017, and 2016 for ‘‘Operating Expenses’’, $10,000,000, to national Development shall submit a con- for other purposes, namely: remain available until September 30, 2017, for solidated report to the Committees on Ap- SEC. 101. (a) Such amounts as may be nec- necessary expenses to support response ef- propriations on the anticipated uses of such essary, at a rate for operations as provided forts related to the Zika virus, health condi- funds on a country and project basis, includ- in the applicable appropriations Acts for fis- tions related to such virus, and other vector- ing estimated personnel and administrative cal year 2016 and under the authority and borne diseases: Provided, That such amount costs: Provided, That such report shall be up- conditions provided in such Acts, for con- is designated by the Congress as an emer- dated and submitted to the Committees on tinuing projects or activities (including the gency requirement pursuant to section Appropriations every 60 days until Sep- costs of direct loans and loan guarantees) 251(b)(2)(A)(i) of the Balanced Budget and tember 30, 2017. that are not otherwise specifically provided Emergency Deficit Control Act of 1985. for in this Act, that were conducted in fiscal OVERSIGHT BILATERAL ECONOMIC ASSISTANCE year 2016, and for which appropriations, SEC. 204. Of the funds appropriated by this funds, or other authority were made avail- FUNDS APPROPRIATED TO THE PRESIDENT title, up to— able in the following appropriations Acts: GLOBAL HEALTH PROGRAMS (1) $500,000 shall be transferred to, and (1) The Agriculture, Rural Development, For an additional amount for fiscal year merged with, funds available under the head- Food and Drug Administration, and Related 2016 for ‘‘Global Health Programs’’, ing ‘‘United States Agency for International Agencies Appropriations Act, 2016 (division A $145,500,000, to remain available until Sep- Development, Funds Appropriated to the of Public Law 114–113), except section 728. tember 30, 2017, for necessary expenses to President, Office of Inspector General’’, and (2) The Commerce, Justice, Science, and prevent, prepare for, and respond to the Zika shall remain available until expended, for Related Agencies Appropriations Act, 2016 virus, health conditions related to such oversight of activities supported with funds (division B of Public Law 114–113). virus, and other vector-borne diseases: Pro- appropriated by this title: Provided, That the (3) The Department of Defense Appropria- vided, That funds appropriated under this transfer authority provided by this para- tions Act, 2016 (division C of Public Law 114– heading shall be made available for vector graph is in addition to any other transfer au- 113). control activities, vaccines, diagnostics, and thority provided by law; and (4) The Energy and Water Development and vector control technologies: Provided further, (2) $500,000 shall be made available to the Related Agencies Appropriations Act, 2016 That funds appropriated under this heading Comptroller General of the United States, (division D of Public Law 114–113). may be made available as contributions to and shall remain available until expended, (5) The Financial Services and General the World Health Organization, the United for oversight of activities supported with Government Appropriations Act, 2016 (divi- Nations Children’s Fund, the Pan American funds appropriated by this title: Provided, sion E of Public Law 114–113), which for pur- Health Organization, the International That the Secretary of State and the Comp- poses of this Act shall be treated as includ- Atomic Energy Agency, and the Food and troller General, as appropriate, shall consult ing section 707 of division O of Public Law Agriculture Organization: Provided further, with the Committees on Appropriations 114–113. That funds made available under this head- prior to obligating such funds. (6) The Department of Homeland Security ing shall be subject to prior consultation TITLE III Appropriations Act, 2016 (division F of Public with the Committees on Appropriations: Pro- GENERAL PROVISIONS—THIS DIVISION Law 114–113). (7) The Department of the Interior, Envi- vided further, That none of the funds appro- EXTENSION OF AUTHORITIES AND PROVISIONS priated under this heading may be made ronment, and Related Agencies Appropria- SEC. 301. Unless otherwise provided for by available for the Grand Challenges for Devel- tions Act, 2016 (division G of Public Law 114– this division, the additional amounts appro- opment program: Provided further, That such 113). priated pursuant to this division are subject amount is designated by the Congress as an (8) The Departments of Labor, Health and to the requirements for funds contained in emergency requirement pursuant to section Human Services, and Education, and Related the Consolidated Appropriations Act, 2016 251(b)(2)(A)(i) of the Balanced Budget and Agencies Appropriations Act, 2016 (division H (Public Law 114–113). Emergency Deficit Control Act of 1985. of Public Law 114–113). PERSONAL SERVICE CONTRACTORS GENERAL PROVISIONS—THIS TITLE (9) The Legislative Branch Appropriations SEC. 302. Funds made available by this di- Act, 2016 (division I of Public Law 114–113). TRANSFER AUTHORITIES vision may be used to enter into contracts (10) The Department of State, Foreign Op- (INCLUDING TRANSFER OF FUNDS) with individuals for the provision of personal erations, and Related Programs Appropria- SEC. 201. (a) Funds appropriated by this services (as described in section 104 of part 37 tions Act, 2016 (division K of Public Law 114– title under the headings ‘‘Diplomatic and of title 48, Code of Federal Regulations (48 113), except title IX. Consular Programs’’, ‘‘Emergencies in the CFR 37.104)) to support the purposes of titles (11) The Transportation, Housing and Diplomatic and Consular Service’’, ‘‘Repatri- I and II of this division, within the United Urban Development, and Related Agencies

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A27SE6.035 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6159

Appropriations Act, 2016 (division L of Public SEC. 110. This Act shall be implemented so withstanding section 104, an additional Law 114–113), except section 420. that only the most limited funding action of amount is provided to the Secretary of (b) The rate for operations provided by sub- that permitted in the Act shall be taken in Health and Human Services to carry out the section (a) is hereby reduced by 0.496 percent. order to provide for continuation of projects authorizations in the Comprehensive Addic- SEC. 102. (a) No appropriation or funds and activities. tion and Recovery Act of 2016 (Public Law made available or authority granted pursu- SEC. 111. (a) For entitlements and other 114–198), at a rate for operations of ant to section 101 for the Department of De- mandatory payments whose budget author- $17,000,000. fense shall be used for: (1) the new produc- ity was provided in appropriations Acts for (b) In addition to the amounts otherwise tion of items not funded for production in fiscal year 2016, and for activities under the provided by section 101, and notwithstanding fiscal year 2016 or prior years; (2) the in- Food and Nutrition Act of 2008, activities section 104, an additional amount is provided crease in production rates above those sus- shall be continued at the rate to maintain to the Attorney General to carry out the au- tained with fiscal year 2016 funds; or (3) the program levels under current law, under the thorizations in the Comprehensive Addiction initiation, resumption, or continuation of authority and conditions provided in the ap- and Recovery Act of 2016 (Public Law 114– any project, activity, operation, or organiza- plicable appropriations Act for fiscal year 198), at a rate for operations of $20,000,000. tion (defined as any project, subproject, ac- 2016, to be continued through the date speci- (c) Notwithstanding any other provision of tivity, budget activity, program element, fied in section 106(3). this Act, in addition to the purposes other- and subprogram within a program element, (b) Notwithstanding section 106, obliga- wise provided for amounts that become and for any investment items defined as a P– tions for mandatory payments due on or available on October 1, 2016, under the head- 1 line item in a budget activity within an ap- about the first day of any month that begins ing ‘‘Department of Veterans Affairs—Vet- propriation account and an R–1 line item after October 2016 but not later than 30 days erans Health Administration—Medical Serv- that includes a program element and subpro- after the date specified in section 106(3) may ices’’ in division J of Public Law 114–113, gram element within an appropriation ac- continue to be made, and funds shall be such amounts shall be used to implement the count) for which appropriations, funds, or available for such payments. Jason Simcakoski Memorial and Promise SEC. 112. Amounts made available under other authority were not available during Act (title IX of Public Law 114–198) and the section 101 for civilian personnel compensa- fiscal year 2016. amendments made by that Act. (b) No appropriation or funds made avail- tion and benefits in each department and SEC. 117. Notwithstanding section 101, able or authority granted pursuant to sec- agency may be apportioned up to the rate for amounts are provided for ‘‘Department of tion 101 for the Department of Defense shall operations necessary to avoid furloughs Agriculture—Domestic Food Programs— be used to initiate multi-year procurements within such department or agency, con- Food and Nutrition Service—Commodity As- sistent with the applicable appropriations utilizing advance procurement funding for sistance Program’’ at a rate for operations of Act for fiscal year 2016, except that such au- economic order quantity procurement unless $310,139,000, of which $236,120,000 shall be for thority provided under this section shall not specifically appropriated later. the Commodity Supplemental Food Pro- be used until after the department or agency SEC. 103. Appropriations made by section gram. has taken all necessary actions to reduce or 101 shall be available to the extent and in the SEC. 118. Amounts provided by section 111 manner that would be provided by the perti- defer non-personnel-related administrative to the Department of Agriculture for ‘‘Cor- nent appropriations Act. expenses. porations—Commodity Credit Corporation SEC. 113. Funds appropriated by this Act SEC. 104. Except as otherwise provided in Fund—Reimbursement for Net Realized may be obligated and expended notwith- section 102, no appropriation or funds made Losses’’ may be used, prior to the completion standing section 10 of Public Law 91–672 (22 available or authority granted pursuant to of the report described in section 2 of the Act U.S.C. 2412), section 15 of the State Depart- section 101 shall be used to initiate or re- of August 17, 1961 (15 U.S.C. 713a–11), to reim- ment Basic Authorities Act of 1956 (22 U.S.C. sume any project or activity for which ap- burse the Commodity Credit Corporation for 2680), section 313 of the Foreign Relations propriations, funds, or other authority were Authorization Act, Fiscal Years 1994 and 1995 net realized losses sustained, but not pre- not available during fiscal year 2016. (22 U.S.C. 6212), and section 504(a)(1) of the viously reimbursed, as reflected in the June SEC. 105. Appropriations made and author- National Security Act of 1947 (50 U.S.C. 2016 report of its financial condition. ity granted pursuant to this Act shall cover SEC. 119. Amounts made available by sec- 3094(a)(1)). all obligations or expenditures incurred for tion 101 for ‘‘Department of Agriculture— SEC. 114. (a) Each amount incorporated by any project or activity during the period for reference in this Act that was previously Rural Housing Service—Rental Assistance which funds or authority for such project or designated by the Congress for Overseas Con- Program’’ may be apportioned up to the rate activity are available under this Act. tingency Operations/Global War on Ter- for operations necessary to pay ongoing debt SEC. 106. Unless otherwise provided for in rorism pursuant to section 251(b)(2)(A) of the service for the multi-family direct loan pro- this Act or in the applicable appropriations Balanced Budget and Emergency Deficit grams under sections 514 and 515 of the Hous- Act for fiscal year 2017, appropriations and Control Act of 1985 or as being for disaster ing Act of 1949 (42 U.S.C. 1484 and 1485). funds made available and authority granted relief pursuant to section 251(b)(2)(D) of such SEC. 120. Section 529(b)(5) of the Federal pursuant to this Act shall be available until Act is designated by the Congress for Over- Food, Drug, and Cosmetic Act (21 U.S.C. whichever of the following first occurs: (1) seas Contingency Operations/Global War on 360ff(b)(5)) shall be applied by substituting the enactment into law of an appropriation Terrorism pursuant to section 251(b)(2)(A) of the date specified in section 106(3) of this Act for any project or activity provided for in such Act or as being for disaster relief pursu- for ‘‘September 30, 2016’’. this Act; (2) the enactment into law of the ant to section 251(b)(2)(D) of such Act, re- SEC. 121. Notwithstanding sections 101 and applicable appropriations Act for fiscal year spectively. 102, within amounts provided for ‘‘Depart- 2017 without any provision for such project (b) The reduction in section 101(b) of this ment of Defense—Operation and Mainte- or activity; or (3) December 9, 2016. Act shall not apply to— nance, Defense-Wide’’ and ‘‘Department of SEC. 107. Expenditures made pursuant to (1) amounts designated under subsection Defense—Research, Development, Test and this Act shall be charged to the applicable (a) of this section; Evaluation, Defense-Wide’’, except for appropriation, fund, or authorization when- (2) amounts made available by section amounts designated for Overseas Contin- ever a bill in which such applicable appro- 101(a) by reference to the second paragraph gency Operations/Global War on Terrorism priation, fund, or authorization is contained under the heading ‘‘Social Security Adminis- pursuant to section 251(b)(2)(A)(ii) of the Bal- is enacted into law. tration—Limitation on Administrative Ex- anced Budget and Emergency Deficit Control SEC. 108. Appropriations made and funds penses’’ in division H of Public Law 114–113; Act of 1985, the Secretary of Defense may de- made available by or authority granted pur- or velop, replace, and sustain Federal Govern- suant to this Act may be used without re- (3) amounts made available by section ment security and suitability background in- gard to the time limitations for submission 101(a) by reference to the paragraph under vestigation information technology system and approval of apportionments set forth in the heading ‘‘Centers for Medicare and Med- requirements of the Office of Personnel Man- section 1513 of title 31, United States Code, icaid Services—Health Care Fraud and Abuse agement at a rate for operations of but nothing in this Act may be construed to Control Account’’ in division H of Public $95,000,000. waive any other provision of law governing Law 114–113. SEC. 122. Section 1215(f)(1) of the National the apportionment of funds. (c) Section 6 of Public Law 114–113 shall Defense Authorization Act for Fiscal Year SEC. 109. Notwithstanding any other provi- apply to amounts designated in subsection 2012 (Public Law 112–81; 10 U.S.C. 113 note), as sion of this Act, except section 106, for those (a) for Overseas Contingency Operations/ most recently amended by section 1221 of the programs that would otherwise have high Global War on Terrorism. National Defense Authorization Act for Fis- initial rates of operation or complete dis- SEC. 115. During the period covered by this cal Year 2016 (Public Law 114–92), shall be ap- tribution of appropriations at the beginning Act, discretionary amounts appropriated for plied by substituting ‘‘2017’’ for ‘‘2016’’ of fiscal year 2017 because of distributions of fiscal year 2017 that were provided in ad- through the earlier of the date specified in funding to States, foreign countries, grant- vance by appropriations Acts covered by sec- section 106(3) of this Act or the date of the ees, or others, such high initial rates of oper- tion 101 of this Act shall be available in the enactment of an Act authorizing appropria- ation or complete distribution shall not be amounts provided in such Acts, reduced by tions for fiscal year 2017 for military activi- made, and no grants shall be awarded for the percentage in section 101(b). ties of the Department of Defense. such programs funded by this Act that would SEC. 116. (a) In addition to the amounts SEC. 123. (a) Funds made available by sec- impinge on final funding prerogatives. otherwise provided by section 101, and not- tion 101 for ‘‘Department of Energy—Energy

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A27SE6.035 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6160 CONGRESSIONAL RECORD — SENATE September 27, 2016 Programs—Uranium Enrichment Decon- Act of 1978’’), at a rate for operations of ations needed, for necessary expenses of ac- tamination and Decommissioning Fund’’ $4,850,000. tivities described in section 26(b)(1) of the may be apportioned up to the rate for oper- SEC. 129. Amounts made available by sec- Toxic Substances Control Act (15 U.S.C. ations necessary to avoid disruption of con- tion 101 for ‘‘Small Business Administra- 2625(b)(1)): Provided, That fees collected pur- tinuing projects or activities funded in this tion—Business Loans Program Account’’ suant to such section of such Act and depos- appropriation. may be apportioned up to the rate for oper- ited in the ‘‘TSCA Service Fee Fund’’ as dis- (b) The Secretary of Energy shall notify ations necessary to accommodate increased cretionary offsetting receipts in fiscal year the Committees on Appropriations of the demand for commitments for general busi- 2017 shall be retained and used for necessary House of Representatives and the Senate not ness loans authorized under section 7(a) of salaries and expenses under the above head- later than 3 days after each use of the au- the Small Business Act (15 U.S.C. 636(a)). ing and shall remain available until ex- thority provided in subsection (a). SEC. 130. Amounts provided by section 101 pended: Provided further, That the sum pro- SEC. 124. (a) Notwithstanding any other for the Department of Homeland Security vided by this section of this Act from the provision of this Act, except section 106, the may be obligated in the account and budget general fund for fiscal year 2017 shall be re- District of Columbia may expend local funds structure set forth in the table provided by duced by the amount of discretionary offset- under the heading ‘‘District of Columbia the Chief Financial Officer of the Depart- ting receipts received during fiscal year 2017, Funds’’ for such programs and activities ment to the Committees on Appropriations so as to result in a final fiscal year 2017 ap- under the District of Columbia Appropria- of the Senate and the House of Representa- propriation from the general fund estimated tions Act, 2016 (title IV of division E of Pub- tives prior to the end of fiscal year 2016 pur- at not more than $0: Provided further, That to lic Law 114–113) at the rate set forth under suant to section 563(e) of the Department of the extent that amounts realized from such ‘‘Part A—Summary of Expenses’’ as included Homeland Security Appropriations Act, 2016 receipts exceed $3,000,000, those amounts in in the Fiscal Year 2017 Local Budget Act of (division F of Public Law 114–113). excess of $3,000,000 shall be deposited in the 2016 (D.C. Act 21–414), as modified as of the SEC. 131. (a) Amounts made available by ‘‘TSCA Service Fee Fund’’ as discretionary date of the enactment of this Act. section 101 for ‘‘Department of Homeland Se- offsetting receipts in fiscal year 2017, shall be (b) During the period in which this Act is curity—U.S. Customs and Border Protec- retained and used for necessary salaries and in effect, the authority and conditions pro- tion—Operations and Support’’ may be ap- expenses in this account, and shall remain vided in the Financial Services and General portioned up to the rate for operations nec- available until expended: Provided further, Government Appropriations Act, 2016 (divi- essary to maintain not less than the number That of the amounts provided under this sion E of Public Law 114–113) which were ap- of staff achieved on September 30, 2016. heading by section 101, the Chemical Risk plicable to the obligation or expenditure of (b) Amounts made available by section 101 Review and Reduction program project shall funds by the District of Columbia for any for ‘‘Department of Homeland Security— be allocated for this fiscal year, excluding program, project, or activity during fiscal Transportation Security Administration— the amount of any fees made available, not year 2016 shall apply to the obligation or ex- Operations and Support’’ may be apportioned less than the amount of appropriations for penditure of funds by the District of Colum- up to the rate for operations necessary to that program project for fiscal year 2014. bia with respect to such program, project, or maintain not less than the number of screen- SEC. 138. Section 114(f) of the Higher Edu- activity under any authority. ers achieved on September 30, 2016. cation Act of 1965 (20 U.S.C. 1011c(f)) shall be SEC. 125. (a) Notwithstanding section 101, SEC. 132. The authority provided by section applied by substituting the date specified in amounts are provided for ‘‘General Services 831 of the Homeland Security Act of 2002 (6 section 106(3) of this Act for ‘‘September 30, Administration—Expenses, Presidential U.S.C. 391) shall continue in effect through 2016’’. Transition’’ for necessary expenses to carry the date specified in section 106(3) of this SEC. 139. The first proviso under the head- out the Presidential Transition Act of 1963 (3 Act. ing ‘‘Department of Health and Human Serv- U.S.C. 102 note), at a rate for operations of SEC. 133. Section 810 of the Federal Lands ices—Administration for Children and Fami- $9,500,000, of which not to exceed $1,000,000 is Recreation Enhancement Act (16 U.S.C. 6809) lies—Payments to States for the Child Care for activities authorized by sections 3(a)(8) is amended by striking ‘‘September 30, 2017’’ and Development Block Grant’’ in title II of and 3(a)(9) of such Act: Provided, That such and inserting ‘‘September 30, 2018’’. division H of Public Law 114–113 shall not amounts may be transferred and credited to SEC. 134. (a) The authority provided by sub- apply during the period covered by this Act. the ‘‘Acquisition Services Fund’’ or ‘‘Federal section (m)(3) of section 8162 of the Depart- SEC. 140. (a) The second proviso under the Buildings Fund’’ to reimburse obligations in- ment of Defense Appropriations Act, 2000 (40 heading ‘‘Department of Health and Human curred prior to enactment of this Act for the U.S.C. 8903 note; Public Law 106–79) shall Services—Administration for Children and purposes provided herein related to the Pres- continue in effect through the date specified Families—Children and Families Services idential election in 2016: Provided further, in section 106(3) of this Act. Programs’’ in title II of division H of Public That amounts available under this section (b) Section 419(b) of division G of Public Law 114–113 shall be applied during the pe- shall be in addition to any other amounts Law 114–113 shall not apply during the period riod covered by this Act as if the following available for such purposes. covered by this Act. were struck from such proviso: ‘‘, of which (b) Notwithstanding section 101, no funds SEC. 135. Notwithstanding section 101, sub- $141,000,000 shall be available for a cost of liv- are provided by this Act for ‘‘General Serv- section 35(d) of the Mineral Leasing Act (30 ing adjustment notwithstanding section ices Administration—Pre-Election Presi- U.S.C. 191(d)) shall be applied, at a rate for 640(a)(3)(A) of such Act’’. dential Transition’’. operations, through the date specified in sec- (b) Amounts made available in the third SEC. 126. Notwithstanding section 101, for tion 106(3), as if the following new paragraph proviso under the heading ‘‘Department of expenses of the Office of Administration to were added at the end— Health and Human Services—Administration carry out the Presidential Transition Act of ‘‘(5) There is appropriated to the Fee Ac- for Children and Families—Children and 1963, as amended, and similar expenses, in count established in subsection (c)(3)(B)(ii) Families Services Programs’’ in title II of di- addition to amounts otherwise appropriated of this section, out of any money in the vision H of Public Law 114–113 shall not be by law, amounts are provided to ‘‘Presi- Treasury not otherwise appropriated, included in the calculation of the ‘‘base dential Transition Administrative Support’’ $26,000,000 for fiscal year 2017, to remain grant’’, as such term is used in section at a rate for operations of $7,582,000: Pro- available until expended, for the coordina- 640(a)(7)(A) of the Head Start Act (42 U.S.C. vided, That such funds may be transferred to tion and processing of oil and gas use author- 9835(a)(7)(A)), during the period described in other accounts that provide funding for of- izations, to be reduced by amounts collected section 106 of this Act. fices within the Executive Office of the by the Bureau and transferred to such Fee SEC. 141. (a) Section 529 of division H of President and the Office of the Vice Presi- Account pursuant to subsection (d)(3)(A)(ii) Public Law 114–113 shall be applied by sub- dent in this Act or any other Act, to carry of this section, so as to result in a final fiscal stituting ‘‘in the Child Enrollment Contin- out such purposes. year 2017 appropriation from the general gency Fund from the appropriation to the SEC. 127. In addition to the amounts other- fund estimated at not more than $0.’’. Fund for the first semi-annual allotment pe- wise provided by section 101, an additional SEC. 136. In addition to the amounts other- riod for fiscal year 2017 under section amount is provided for ‘‘District of Colum- wise provided by section 101, an additional 2104(n)(2)(A)(ii) of the Social Security Act’’ bia—Federal Payment for Emergency Plan- amount is provided for ‘‘Department of the for ‘‘or available in the Child Enrollment ning and Security Costs in the District of Interior—National Park Service—Operation Contingency Fund from appropriations to Columbia’’ for costs associated with the of the National Park System’’ for security the Fund under section 2104(n)(2)(A)(i) of the Presidential Inauguration, at a rate for oper- and visitor safety activities related to the Social Security Act’’; and ations of $19,995,000. Presidential Inaugural Ceremonies, at a rate (b) Section 530 of division H of Public Law SEC. 128. In addition to the amounts other- for operations of $4,200,000. 114–113 shall be applied by substituting wise provided by section 101, an additional SEC. 137. In addition to amounts otherwise ‘‘$541,900,000’’ for ‘‘$4,678,500,000’’ and by add- amount is provided for ‘‘National Archives made available by section 101, and notwith- ing at the end the following: ‘‘and of the and Records Administration—Operating Ex- standing section 104, amounts are provided funds made available for the purposes of car- penses’’ to carry out the Presidential transi- for ‘‘Environmental Protection Agency—En- rying out section 2105(a)(3) of the Social Se- tion responsibilities of the Archivist of the vironmental Programs and Management’’ at curity Act, $5,669,100,000 are hereby re- United States under sections 2201 through a rate for operations of $3,000,000, to remain scinded’’. 2207 of title 44, United States Code (com- available until expended, and such amounts SEC. 142. Notwithstanding any other provi- monly known as the ‘‘Presidential Records may be apportioned up to the rate for oper- sion of this Act, there is appropriated for

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A27SE6.035 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6161 payment to Sami A. Takai, widow of Kyle scinded immediately upon enactment of this this Act: Provided, That such amounts are Mark Takai, late a Representative from the Act: Provided, That such amounts are des- designated by the Congress as an emergency State of Hawaii, $174,000. ignated by the Congress as an emergency re- requirement pursuant to section SEC. 143. (a) Amounts made available by quirement pursuant to section 251(b)(2)(A)(i) 251(b)(2)(A)(i) of the Balanced Budget and section 101 for ‘‘Department of Transpor- of the Balanced Budget and Emergency Def- Emergency Deficit Control Act of 1985. tation—Federal Railroad Administration— icit Control Act of 1985. (l) Of the unobligated balances available to Operating Grants to the National Railroad (d) Of the unobligated balances available Passenger Corporation’’ and ‘‘Department of under the heading ‘‘Department of Homeland the Department of Transportation from Transportation—Federal Railroad Adminis- Security, U.S. Customs and Border Protec- amounts provided under section 108 of Public tration—Capital and Debt Service Grants to tion, Salaries and Expenses’’ from emer- Law 101–130, $37,400,000 is rescinded imme- the National Railroad Passenger Corpora- gency funds in Public Law 107–206 and earlier diately upon enactment of this Act: Provided, tion’’ shall be obligated in the account and laws transferred to the Department of Home- That such amounts are designated by the budget structure, and under the authorities land Security when it was created in 2003, Congress as an emergency requirement pur- and conditions, set forth for ‘‘Department of $39,246 is rescinded immediately upon enact- suant to section 251(b)(2)(A)(i) of the Bal- Transportation—Federal Railroad Adminis- ment of this Act: Provided, That such anced Budget and Emergency Deficit Control tration—Northeast Corridor Grants to the amounts are designated by the Congress as Act of 1985. National Railroad Passenger Corporation’’ an emergency requirement pursuant to sec- SEC. 102. The first sections 1 through 6 and and ‘‘Department of Transportation—Fed- tion 251(b)(2)(A)(i) of the Balanced Budget divisions A through D of the ‘‘Continuing eral Railroad Administration—National Net- and Emergency Deficit Control Act of 1985. Appropriations and Military Construction, work Grants to the National Railroad Pas- (e) Of the unobligated balances available Veterans Affairs, and Related Agencies Ap- senger Corporation’’ in H.R. 5394 and S. 2844, from amounts provided under the heading propriations Act, 2017, and Zika Response ‘‘Department of Homeland Security, United as introduced in the One Hundred Four- and Preparedness Act’’ shall have no force or States Coast Guard, Acquisition, Construc- teenth Congress. effect. (b) Amounts made available pursuant to tion, and Improvements’’ in Public Law 110– subsection (a) are provided for ‘‘Department 329, Public Law 109–148 and Public Law 109– of Transportation—Federal Railroad Admin- 234, $48,075,920 is rescinded immediately upon SA 5104. Mr. GRAHAM submitted an istration—Northeast Corridor Grants to the enactment of this Act: Provided, That such amendment intended to be proposed by amounts are designated by the Congress as National Railroad Passenger Corporation’’ at him to the bill H.R. 5325, making ap- a rate for operations of $235,000,000, to re- an emergency requirement pursuant to sec- main available until expended, and for ‘‘De- tion 251(b)(2)(A)(i) of the Balanced Budget propriations for the Legislative Branch partment of Transportation—Federal Rail- and Emergency Deficit Control Act of 1985. for the fiscal year ending September 30, road Administration—National Network (f) Of the unobligated balances available 2017, and for other purposes; which was Grants to the National Railroad Passenger under the heading ‘‘Department of Homeland ordered to lie on the table; as follows: Corporation’’ at a rate for operations of Security, Federal Emergency Management $1,155,000,000, to remain available until ex- Agency, Administrative and Regional Oper- At the appropriate place, insert the fol- pended. ations’’ in Public Law 109–234, $731,790 is re- lowing: SEC. 144. Amounts made available by sec- scinded immediately upon enactment of this Act: Provided, That such amounts are des- SEC. lll. QUORUM REQUIREMENT FOR BOARD tion 101 for ‘‘Maritime Administration—Mar- OF DIRECTORS OF EXPORT-IMPORT itime Security Program’’ shall be allocated ignated by the Congress as an emergency re- BANK OF THE UNITED STATES. at an annual rate across all vessels covered quirement pursuant to section 251(b)(2)(A)(i) by operating agreements, as that term is of the Balanced Budget and Emergency Def- (a) IN GENERAL.—Notwithstanding section used in chapter 531 of title 46, United States icit Control Act of 1985. 3(c)(6) of the Export-Import Bank Act of 1945 Code, and the Secretary shall distribute (g) Of the unobligated amounts made avail- (12 U.S.C. 635a(c)(6)), not more than 2 ex offi- equally all such funds for payments due able under section 1323(c)(1) of the Patient cio members of the Board of Directors of the under all operating agreements in equal Protection and Affordable Care Act (42 Export-Import Bank of the United States amounts notwithstanding title 46, United U.S.C. 18043(c)(1)), $168,100,000 is rescinded shall be counted toward a quorum only for States Code, section 53106: Provided, That no immediately upon enactment of this Act. the purposes of decisions of the Board repayment shall exceed an annual rate of (h) Of the unobligated balances available garding loans, guarantees, insurance, cred- $3,500,000 per operating agreement. under the heading ‘‘Operating Expenses’’ in its, and other financing activities of the This division may be cited as the ‘‘Con- title IX of the Department of State, Foreign Bank, during the period that begins on the tinuing Appropriations Act, 2017’’. Operations, and Related Programs Appro- date of the enactment of this Act, and ends priations Act, 2015 (division J of Public Law DIVISION D—RESCISSIONS OF FUNDS on September 30, 2017, if, during that period, 113–235), $7,522,000 is rescinded immediately there are fewer than 3 individuals holding of- SEC. 101. (a) Of the unobligated balances upon enactment of this Act: Provided, That fice on the Board who were appointed to the available from prior year appropriations such amounts are designated by the Congress Board by the President. under the heading ‘‘Department of Com- as an emergency requirement pursuant to merce, Economic Development Administra- section 251(b)(2)(A)(i) of the Balanced Budget (b) EX OFFICIO BOARD MEMBER DEFINED.— tion, Economic Development Assistance Pro- and Emergency Deficit Control Act of 1985. In this section, the term ‘‘ex officio Board grams’’ designated by the Congress as an (i) Of the unobligated balances of appro- member’’ means an individual who— emergency requirement pursuant to the Con- priations made available under the heading (1) holds a position, identified in section 1 current Resolution on the Budget or the Bal- ‘‘Bilateral Economic Assistance, Funds Ap- of article I of the bylaws of the Export-Im- anced Budget and Emergency Deficit Control propriated to the President’’ in title IX of port Bank of the United States, for which Act of 1985, $10,000,000 is rescinded imme- the Department of State, Foreign Oper- the individual serves as an ex officio member diately upon enactment of this Act: Provided, ations, and Related Programs Appropria- of the Board of Directors of the Bank; and That such amounts are designated by the tions Act, 2015 (division J of Public Law 113– (2) has been confirmed by the Senate to Congress as an emergency requirement pur- 235), $109,478,000 is rescinded immediately that position. suant to section 251(b)(2)(A)(i) of the Bal- upon enactment of this Act: Provided, That anced Budget and Emergency Deficit Control SEC. ll. INTERNET DOMAIN NAME SYSTEM such amounts are designated by the Congress FUNCTIONS. Act of 1985. as an emergency requirement pursuant to (b) Of the unobligated balances available section 251(b)(2)(A)(i) of the Balanced Budget (a) Notwithstanding subsection (b) of sec- from amounts provided under the heading and Emergency Deficit Control Act of 1985. tion 539 of division B of the Consolidated Ap- ‘‘Department of Commerce, National Oce- (j) Of the unobligated balances available propriations Act, 2016 (Public Law 114–113; anic and Atmospheric Administration, Oper- from amounts provided under the heading 129 Stat. 2332), subsection (a) of that section ations, Research, and Facilities’’ in title II ‘‘Department of Transportation, Federal shall continue in effect through September of Public Law 111–212 for responding to eco- Aviation Administration, Facilities and 30, 2017, and shall apply to funds made avail- nomic impacts of fisherman and fishery de- Equipment’’ in Public Law 109–148, $4,384,920 able by that Act and by this Act. pendent businesses, $13,000,000 is rescinded is rescinded immediately upon enactment of (b) The Department of Commerce shall immediately upon enactment of this Act: this Act: Provided, That such amounts are maintain and not relinquish, terminate, Provided, That such amounts are designated designated by the Congress as an emergency lapse, cancel, or otherwise cease responsibil- by the Congress as an emergency require- requirement pursuant to section ities held at any time during fiscal year 2016 ment pursuant to section 251(b)(2)(A)(i) of 251(b)(2)(A)(i) of the Balanced Budget and with respect to Internet domain name sys- the Balanced Budget and Emergency Deficit Emergency Deficit Control Act of 1985. tem functions, including responsibility with Control Act of 1985. (k) Of the unobligated balances available respect to the authoritative root zone file (c) Of the unobligated balances available from amounts provided under the heading from amounts provided under the heading ‘‘Department of Transportation, Federal and the Internet Assigned Numbers Author- ‘‘Department of Homeland Security, Office Aviation Administration, Facilities and ity functions, through September 30, 2017. of the Secretary and Executive Manage- Equipment’’ in Public Law 102–368, $990,277 is (c) This section shall take effect on the ment’’ in Public Law 109–148, $279,045 is re- rescinded immediately upon enactment of date of enactment of this Act.

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A27SE6.035 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6162 CONGRESSIONAL RECORD — SENATE September 27, 2016 AUTHORITY FOR COMMITTEES TO journ until 9:30 a.m., Wednesday, Sep- leagues have said. Waiting would allow MEET tember 28; that following the prayer the next President to ‘‘nominate a justice who will continue Justice Scalia’s COMMITTEE ON ARMED SERVICES and pledge, the morning hour be deemed expired, the Journal of pro- unwavering belief in the founding prin- Mrs. CAPITO. Mr. President, I ask ceedings be approved to date, and the ciples we hold dear.’’ Another said that unanimous consent that the Com- time for the two leaders be reserved for we should wait so as to ‘‘preserve the mittee on Armed Services be author- their use later in the day; further, that conservative legacy of the late Antonin ized to meet during the session of the following leader remarks, the Senate Scalia.’’ By taking this position, they Senate on September 27, 2016, at 9:30 resume consideration of H.R. 5325 until have made clear that they want the a.m. 10 a.m.; finally, that at 10 a.m., the next President—perhaps Donald The PRESIDING OFFICER. Without Senate resume consideration of the Trump—to replace an originalist such objection, it is so ordered. veto message to accompany S. 2040, as as Antonin Scalia with another COMMITTEE ON COMMERCE, SCIENCE, AND under the previous order. originalist. But by taking this ap- TRANSPORTATION The PRESIDING OFFICER. Is there proach, the majority leader has radi- Mrs. CAPITO. Mr. President, I ask objection? cally departed from the plain language unanimous consent that the Com- Without objection, it is so ordered. of the Constitution and more than 200 mittee on Commerce, Science, and years of historic precedent in this f Transportation be authorized to meet Chamber. during the session of the Senate on ORDER FOR ADJOURNMENT As an originalist—and he certainly September 27, 2016, at 10 a.m., in room Mr. BOOZMAN. Mr. President, if was—Justice Scalia would interpret SR–253 of the Russell Senate Office there is no further business to come be- the Constitution by examining the Building to conduct a hearing entitled fore the Senate, I ask unanimous con- meaning of the words when it was en- ‘‘Oversight of the Federal Trade Com- sent that it stand adjourned under the acted. mission.’’ previous order, following the remarks Article II, section 2 of the Constitu- The PRESIDING OFFICER. Without of the Senator from Colorado, Mr. BEN- tion states: ‘‘[The President] shall objection, it is so ordered. NET. nominate, and by and with the Advice COMMITTEE ON HOMELAND SECURITY AND The PRESIDING OFFICER. Without and Consent of the Senate shall ap- GOVERNMENTAL AFFAIRS objection, it is so ordered. point . . . Judges of the Supreme Mrs. CAPITO. Mr. President, I ask The Senator from Colorado. Court.’’ When a vacancy arises, the President has an affirmative duty to unanimous consent that the Com- f mittee on Homeland Security and Gov- nominate a replacement, and the Sen- ernmental Affairs be authorized to NOMINATION OF MERRICK ate, in return, has an affirmative duty meet during the session of the Senate GARLAND to advise and consent. That is what the on September 27, 2016, at 10 a.m., to Mr. BENNET. Mr. President, I am plain language of the Constitution re- conduct a hearing entitled ‘‘Fifteen privileged to be here with the Presiding quires, and that is what the original Years After 9/11: Threats to the Home- Officer this evening. I thank my col- meaning would have been. land.’’ league from Arkansas for allowing me But beyond the text of the Constitu- The PRESIDING OFFICER. Without to speak at this time. tion, we should also consider the tradi- objection, it is so ordered. I rise to discuss the vacancy on the tions of our predecessors in this Cham- Supreme Court. Nearly 200 days have ber. Members of the majority seem COMMITTEE ON FOREGN RELATIONS eager to make this point. One of our Mrs. CAPITO. Mr. President, I ask passed since the President nominated Judge Merrick Garland to fill the Su- colleagues said that ‘‘we should follow unanimous consent that the Com- a tradition embraced by both parties mittee on Foreign Relations be author- preme Court vacancy. Yet the majority still refuses to hold a hearing on his and allow his successor to select the ized to meet during the session of the next Supreme Court Justice.’’ Another Senate on September 27, 2016, at 2:30 record or a vote on his nomination. As a result, Judge Garland is now the said: ‘‘There is significant precedent p.m. for holding a Supreme Court vacancy longest pending nominee in the Na- The PRESIDING OFFICER. Without open through the end of a president’s tion’s history. objection, it is so ordered. term in an election year.’’ The truth is Next week, the Supreme Court will SELECT COMMITTEE ON INTELLIGENCE exactly the opposite. In fact, the ma- reconvene for a new term with one seat Mrs. CAPITO. Mr. President, I ask jority’s position today is absolutely still vacant. I remember reading Jus- unanimous consent that the Select unprecedented in the history of the tice Scalia’s opinion in a case where he Committee on Intelligence be author- United States or the history of the U.S. described an eight-member Court as a ized to meet during the session of the Senate. diminished Court. That was the lan- Senate on September 27, 2016, at 10 Recently, Professors Robert Kar and guage he used. We now have a Supreme a.m., in room SH–216 of the Hart Sen- Jason Mazzone combed through the Court that, not just in one term but in ate Office Building. history of Supreme Court nominations two terms, has been diminished by the The PRESIDING OFFICER. Without and Senate confirmations for a piece I inability of this Senate to confirm a objection, it is so ordered. believe appeared in the NYU law jour- nominee. nal. Since the founding of the country, f There is no doubt that anybody with there have been 103 instances similar APPOINTMENT any sense can see this has been an un- to the moment we face today, where an conventional period in American poli- The PRESIDING OFFICER. The elected President nominated a person tics, to say the least, but in many to fill a vacancy before the election of Chair, on behalf of the President pro cases, the majority’s refusal to even the successor—where an elected Presi- tempore, pursuant to Public Law 110– consider Judge Garland’s nomination is dent nominated an individual to fill a 315, announces the reappointment of the most egregious example of Wash- vacancy before the election of his suc- the following individual to be a mem- ington dysfunction I have seen. cessor. ber of the National Advisory Com- Within an hour of Justice Scalia’s The professors found that in all 103 mittee on Institutional Quality and In- death, the majority leader unilaterally instances, the sitting President was tegrity: Dr. Paul LeBlanc of New decided the Senate would not consider able to both nominate and appoint a Hampshire. the President’s nominee, even though replacement Justice by and with the f 342 days remained in the President’s advice and consent of the Senate. The term. By taking this unprecedented ac- professors further wrote: ‘‘This is true ORDERS FOR WEDNESDAY, tion, the majority leader hoped that even of all eight such cases where the SEPTEMBER 28, 2016 the next President would nominate nomination process began during an Mr. BOOZMAN. Mr. President, I ask someone with the same originalist ju- election year.’’ unanimous consent that when the Sen- dicial philosophy as Justice Scalia. In- That is the history. That is the ate completes its business today, it ad- deed, that is what some of my col- precedent. So when we hear people

VerDate Sep 11 2014 05:33 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A27SE6.036 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE September 27, 2016 CONGRESSIONAL RECORD — SENATE S6163 come to the floor and say the cus- nore the President’s nominee for a Su- lic debate on the merits of the nomi- tomary practice has been to do this or preme Court vacancy and wait for the nee. that, it is not true. I sometimes wonder successor—but none of these cases is In fact, as the professors found, only why people who are committed analogous in any way to the vacancy 12 nominations out of 160 over the en- originalists are out here talking about we face in this Senate. tire course of the history of the United the customary practice at all because In those six cases, there were ques- States failed to reach the Senate floor. it ought to be the plain meaning of the tions about the sitting President’s le- Most of these were made near the end Constitution folks are following, but if gitimacy, either because that Presi- of a legislative session or were later we are going to talk about the cus- dent had assumed office by succession, withdrawn by the President, but in tomary practice, let’s talk about what unlike the current President, who was every other instance, the Senate has actually happened rather than in- elected to the Presidency and then re- brought the nomination to the Senate venting it on the floor of the Senate. elected to the Presidency, or because floor for a full debate and consider- For the last 200 days, the majority the nominations came after the elec- ation. has argued we should, for the first time tion of the next President, which we If today’s majority is concerned with ever—ever—depart from this 200-year know is not the case today because the the American people having a voice on tradition. I will say this on this floor: vacancy occurred 340 or so days before who the next Supreme Court Justice is, There is nothing conservative about the end of the President’s term, and we should follow our ordinary proce- that position. That is a radical posi- anybody watching television last night dures and allow our representatives in tion, at war with the Founders’ view of would know we have yet to select the the Senate to consider the merits of this. When the chairman of the Judici- next President of the United States. the President’s nominee. We have de- ary Committee said that ‘‘the fact of What is amazing is that even in the nied the American people a debate in a the matter is that it’s been standard remaining 13 cases, where there was runup to an election. When we should practice’’—his language—‘‘to not con- some question about legitimacy or it be debating what the composition of firm Supreme Court nominees during a was after the successor had been elect- the Supreme Court should look like, presidential election year,’’ he was in- ed, the Senate still confirmed a major- when we should be debating what is at correct. ity of the President’s nominees. Six stake in this Presidential election, our The fact is, the standard practice in were the minority, where they weren’t floor is empty. the Senate is just as clear as the plain confirmed. The rest they confirmed. I say, again, this action has been text and the original meaning. If the To suggest this President, whom the taken in the name of conservatism. sitting President nominates an indi- American people elected twice, should There is nothing conservative about vidual to fill a Supreme Court vacancy, not be able to fill a Supreme Court va- this—nothing. This is a radical depar- the Senate acts with an up-or-down cancy is a radical departure from the ture from standard practice. It is a vote. Constitution’s text and the Senate’s threat to our democracy. It is a threat I should say I am not here to say historical practice. As the professors to judicial oversight. It is a threat to anybody should vote for the nominee. conclude, the majority’s actions are the rule of law. It is lawless. That is a matter of conscience for ‘‘unprecedented in the history of Su- What makes this even worse is that every single Member of the Senate, but preme Court appointments.’’ the majority’s failure to fulfill our con- our job is to have a vote. When Mem- Whether by interpreting the original stitutional responsibilities isn’t even bers of the majority say things like, meaning of the Constitution or by fol- about policy, it is about politics. It is ‘‘It’s been 80 years since any President lowing standard practice, every other about rolling the dice on an election, was permitted to immediately fill a va- Senate has acted, not by refusing to instead of following the plain text of cancy that arose in a presidential elec- consider the nomination or stalling the Constitution and more than two tion year,’’ they fail to mention that in until after an election or waiting for centuries of Senate tradition in the the past 80 years a vacancy has not the next President to make a nomina- history of the United States. arisen on the Supreme Court in an tion but by having a debate in full view We have had more than enough time election year at all. of the American people and to give the to consider the merits of Judge Gar- The 80-year time period the majority nominee an up-or-down vote. land’s nomination. The American peo- highlights is precisely the 80-year pe- As I said earlier, of course the major- ple have watched the U.S. Senate take riod in which no Supreme Court vacan- ity can withhold its consent by voting the entire summer off and not do our cies occurred during an election year. no. That is their constitutional prerog- job. In fact, as some of my colleagues If you go back just one more election— ative. That is what it did in 1987, when have noted, this Senate has worked 84 years ago—you will find a case from the full Senate voted against Robert fewer days this year than any Senate 1932 that is very similar to ours today. Bork, even after the Judiciary Com- in 60 years, and a lot of those Senates On February 25 of that election year, mittee conducted full hearings and a didn’t have a Supreme Court vacancy President Hoover nominated Benjamin majority voted against his nomination. to fill. Cardozo to replace Justice Holmes on The Constitution doesn’t say the Ju- By refusing to consider the Presi- the Supreme Court. The Senate con- diciary Committee shall advise and dent’s Supreme Court nominee for firmed Cardozo 9 days later. consent. It says the Senate shall advise nearly 200 days, the majority is cre- So when Senators come to the floor and consent, and that is what a major- ating, I fear—I hope not—a new prece- and say we have an 80-year precedent ity of the Senate did in 1795, when it dent, one that threatens to shape fu- of not confirming Justices at this mo- rejected George Washington’s nomina- ture vacancies to the Court and further ment in a President’s term, that is tion of Justice John Rutledge as Chief politicizes the one branch of our gov- only because there hasn’t been a va- Justice. By the way, that Senate— ernment that is meant to be above the cancy. I might as well say we have an which unlike ours actually included partisan bickering that has paralyzed 84-year precedent where we do confirm some of the Framers who wrote the this institution. Justices in the last year because that Constitution—went on to confirm three It is one thing for people in this body is what happened 84 years ago with nominees, all in the fourth year of to drive the approval rating of the U.S. Justice Cardozo. George Washington’s second term—all Congress down to 9 percent, and that is The Senate also confirmed three in the eighth year that George Wash- a feat—that is a feat—but to denigrate other Supreme Court nominees in elec- ington was President. another institution of government this tion years in the 20th Century—twice This was true in 1968, when there cavalierly for politics is wrong. in 1916 and once in 1912. So I can extend were serious concerns about President The longer this vacancy remains, the my 84-year precedent farther back into Johnson’s nominee, Justice Abe more uncertainty and confusion the history. Fortas, to replace the outgoing Chief American people will suffer. Petty poli- Through their research, Professors Justice. Even then, in President John- tics is now jeopardizing, as I said ear- Kar and Mazzone found only six cases son’s final months in office, the Senate lier, not just one but two terms of the where the Senate acted consistent with held confirmation hearings and floor Supreme Court. We have to reject this today’s majority—to deliberately ig- debates. The Senate had a full and pub- unprecedented abdication of our most

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\G27SE6.069 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE S6164 CONGRESSIONAL RECORD — SENATE September 27, 2016 basic constitutional obligation. This is Believe me, I know it has become ADJOURNMENT UNTIL 9:30 A.M. one of those things that is written in fashionable for Washington to tear TOMORROW the Constitution, and there is no one down rather than work to improve the The PRESIDING OFFICER (Mr. else assigned the duty of doing it other democratic institutions generations of DAINES). The Senate stands adjourned than the Senate. The House has no re- Americans have built, but as I said, to until 9:30 a.m. tomorrow. sponsibility. Thereupon, the Senate, at 6:44 p.m., Some people here have said let the impair so cavalierly the judicial adjourned until Wednesday, September people decide. As I said earlier, the best branch of our government is unaccept- way of letting the people decide is by able. It doesn’t meet the standard of a 28, 2016, at 9:30 a.m. having an open debate in the Senate. great nation or a great parliamentary f But the Constitution doesn’t actually body. Comity and cooperation will not NOMINATIONS say let the people decide, it sets up be restored overnight or with a single what we ought to be doing. decision in this Senate. It has taken Executive nominations received by I fear that if we start here, where the Senate: far too long for us to travel down this will it end? If a President can’t have destructive road to deadlock, ideolog- THE JUDICIARY his nominee considered over 300 days JULIE REBECCA BRESLOW, OF THE DISTRICT OF CO- from an election, why not 2 years or 4 ical rigidity, and bitter partisanship. LUMBIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR years from an election? Why not rou- Even with all of that, the least we COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM OF FIFTEEN YEARS, VICE RHONDA REID WINSTON, RE- tinely hobble the Supreme Court until could do is follow centuries of tradition TIRED. you get your way, until you have your and practice, preserve the judiciary DEBORAH J. ISRAEL, OF THE DISTRICT OF COLUMBIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT President and your majority? Until from the partisanship that has para- OF THE DISTRICT OF COLUMBIA FOR THE TERM OF FIF- then, we will not do the American peo- TEEN YEARS, VICE MELVIN R. WRIGHT, RETIRED. lyzed much of the other two branches, CARMEN GUERRICAGOITIA MCLEAN, OF THE DISTRICT ple’s business. and act as conservatives by fulfilling OF COLUMBIA, TO BE AN ASSOCIATE JUDGE OF THE SU- Even if the Constitution does not in PERIOR COURT OF THE DISTRICT OF COLUMBIA FOR THE one of our most fundamental duties as TERM OF FIFTEEN YEARS, VICE STUART GORDON NASH, fact oblige us to consider President elected representatives. RETIRED. Obama’s nominee, it is, nevertheless, it IN THE NAVY seems to me, our duty as responsible It is long past time for the Senate to THE FOLLOWING NAMED OFFICER FOR APPOINTMENT public servants to do so and the Amer- do its job, as every Senate before us IN THE UNITED STATES NAVY TO THE GRADE INDICATED ican people’s obligation to hold elected since its founding has done. UNDER TITLE 10, U.S.C., SECTION 624: officials accountable and demand a To be rear admiral (lower half) Mr. President, I yield the floor. full, functioning judiciary. CAPT. PAUL A. STADER

VerDate Sep 11 2014 04:14 Sep 28, 2016 Jkt 059060 PO 00000 Frm 00074 Fmt 4624 Sfmt 9801 E:\CR\FM\G27SE6.070 S27SEPT1 smartinez on DSK3GLQ082PROD with SENATE