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, THURSDAY, MAY 26, 2016 No. 84 House of Representatives The House met at 9 a.m. and was quorum is not present and make the For 26 years, she worked tirelessly to called to order by the Speaker. point of order that a quorum is not help seniors who were having trouble f present. obtaining their Social Security bene- The SPEAKER. Pursuant to clause 8, fits or to help veterans in search of PRAYER rule XX, further proceedings on this medical care or military acknowledge- The Chaplain, the Reverend Patrick question will be postponed. ment of their service, and she spear- J. Conroy, offered the following prayer: The point of no quorum is considered headed the U.S. annual Congressional Almighty and merciful God of the withdrawn. Art Competition to showcase the universe, we give You thanks for giving f young talent in Illinois. us another day. PLEDGE OF ALLEGIANCE To many, Ruth has been a strong ally We pray for the gift of wisdom to all navigating the intricate and arcane with great responsibility in this House The SPEAKER. Will the gentleman Federal bureaucracy. I was thrilled for the leadership of our Nation. from Illinois (Mr. HULTGREN) come for- Ruth joined my team when I first en- As the Members disperse to their var- ward and lead the House in the Pledge tered Congress in 2011, and she has de- ious districts and our Nation prepares of Allegiance. livered professional and caring service to celebrate Memorial Day, may we all Mr. HULTGREN led the Pledge of Al- to the 14th District residents. Everyone retreat from the busyness of life to re- legiance as follows: who comes in contact with Ruth is member our citizen ancestors who I pledge allegiance to the Flag of the warmed by her selfless heart and will- served our Nation in the armed serv- United States of America, and to the Repub- ingness to help. In many ways, she is ices. lic for which it stands, one nation under God, indivisible, with liberty and justice for all. irreplaceable, and we will greatly miss Grant that their sacrifice of self, and her as she retires at the end of this for so many, of life, would inspire all of f month. America’s citizens to step forward, in ANNOUNCEMENT BY THE SPEAKER Ruth, it is now time for you to enjoy whatever their path of life, to make a The SPEAKER. The Chair will enter- your family and your next adventure in positive contribution to the strength of tain up to five requests for 1-minute life. Don’t be a stranger to the office. our democracy. speeches on each side of the aisle. And may God bless you in your retire- Bless us this day and every day, and f ment. may all that is done within these hal- f lowed Halls be for Your greater honor CELEBRATING THE PUBLIC and glory. SERVICE OF RUTH RICHARDSON REMEMBERING AUBURN POLICE OFFICER RONALD TARENTINO Amen. (Mr. HULTGREN asked and was f given permission to address the House (Mr. MCGOVERN asked and was for 1 minute and to revise and extend given permission to address the House THE JOURNAL his remarks.) for 1 minute and to revise and extend The SPEAKER. The Chair has exam- Mr. HULTGREN. Mr. Speaker, I rise his remarks.) ined the Journal of the last day’s pro- today to celebrate the long and fruitful Mr. MCGOVERN. Mr. Speaker, today ceedings and announces to the House public service of a member of my staff, I rise to honor Officer Ronald his approval thereof. Ruth Richardson. Tarentino, a member of the Auburn Po- Pursuant to clause 1, rule I, the Jour- With degrees from Aurora and North- lice Department in Massachusetts, who nal stands approved. ern Illinois Universities, Ruth began was tragically shot and killed in the Mr. HULTGREN. Mr. Speaker, pursu- her career as an admissions counselor line of duty this past weekend. ant to clause 1, rule I, I demand a vote at Aurora University. Officer Tarentino exemplified the on agreeing to the Speaker’s approval In 1990, she started her service to the courage and dedication that defines our of the Journal. U.S. House of Representatives as a incredible men and women in blue. His The SPEAKER. The question is on caseworker in the office of Congress- neighbors and friends described him as the Speaker’s approval of the Journal. man Dennis Hastert. The caseworker a ‘‘gentle giant,’’ a ‘‘great guy,’’ and The question was taken; and the plays a central role in a congressional ‘‘always willing to help.’’ He always Speaker announced that the ayes ap- office as the primary advocate for con- kept an eye out for the 91-year-old peared to have it. stituents having challenges with the widow living across the street. Mr. HULTGREN. Mr. Speaker, I ob- Federal Government, and Ruth ex- Remembering Officer Tarentino this ject to the vote on the ground that a celled at her job. week, Auburn Police Chief Andrew J.

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

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VerDate Sep 11 2014 23:55 May 26, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A26MY7.000 H26MYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3270 CONGRESSIONAL RECORD — HOUSE May 26, 2016 Sluckis said: ‘‘He got along with every- Marcus Deering, 22. IN SUPPORT OF VERIZON WORK- body. He was somebody who was al- f ERS AND UNITED STATES CALL ways smiling. He was an outstanding CENTER WORKER AND CON- guy, and we’re going to miss him.’’ Mr. REMEMBERING HILLIARD POLICE SUMER PROTECTION ACT Speaker, that is how he will be remem- OFFICER SEAN JOHNSON (Mr. GENE GREEN of Texas asked bered. (Mr. STIVERS asked and was given and was given permission to address In the days since this tragedy, it has permission to address the House for 1 the House for 1 minute and to revise been truly inspiring to see the Auburn, minute.) and extend his remarks.) Leicester, and surrounding commu- Mr. STIVERS. Mr. Speaker, I rise Mr. GENE GREEN of Texas. Mr. nities come together to support Officer today to honor the life and service of Speaker, I rise in support of the 39,000 Tarentino’s wife and three children. Hilliard, Ohio, Police Officer Sean R. Verizon workers currently on strike. My heart goes out to them, and I know Johnson, who passed away last week in These hardworking members of CWA I am not alone in saying that Officer a tragic training accident. and IBEW are on strike for a number of Tarentino will never be forgotten. Officer Johnson’s dedication to pub- reasons, but the number one reason is f lic service was evident when he made to keep their jobs and prevent them RECOGNIZING SCOTT MEADOR the decision to join the Air Force right from being shipped overseas to the out of high school in 1988. After serving Philippines or India. (Mr. BUCSHON asked and was given in the military and earning the rank of What Verizon is doing is not unique. permission to address the House for 1 senior airman, he was hired at the In fact, it has been the experience of minute and to revise and extend his re- Fairfield County Sheriff’s Department, too many families in my district in marks.) where he served until 1997. Houston and Harris County and fami- Mr. BUCSHON. Mr. Speaker, I rise Officer Johnson joined the Hilliard lies throughout the country. today to recognize a local act of cour- Division of Police in October 1999 and As Members of Congress, we have a age. would stay with the department for the responsibility to fight for these jobs Earlier this week, in my hometown next 16 years. Throughout his 16 years and improve the lives of average Amer- of Newburgh, Indiana, a car wreck at a with the Hilliard Division of Police, he icans. This spring, I introduced bipar- local gas station quickly turned into a was distinguished as one of the most tisan legislation, the United States life-or-death situation. In what was de- valuable members of the police depart- Call Center Worker and Consumer Pro- scribed as a scene from an action ment. He was awarded multiple tection Act, H.R. 4604, that would make movie, Boonville native Scott Meador, achievement citations during his time companies that offshore American jobs who was a bystander to the incident, for his service above the normal call of ineligible for Federal grants or loans bravely pulled the driver to safety be- duty in dangerous circumstances. and put them at the back of the line fore the car was consumed by flames, He earned his associates degree in for Federal contracts. This legislation saving the driver’s life. law enforcement from Columbus State will not stop all offshoring, but it is a Scott Meador is a hero and an exam- Community College and was a father of strong first step to protect these mid- ple for us all. Because of his selfless ac- two children, all while working to keep dle class jobs. tion, a family remains whole. That is our community safe. I urge my colleagues to cosponsor what it means to be a Hoosier—to come I want to recognize Officer Sean this bipartisan legislation, H.R. 4604. to the aid of your fellow citizen when Johnson for his incredible service to they are in need. f our community in Hilliard. Mr. Speaker, it is important to high- RELATING TO CONSIDERATION OF I also want to offer my deepest con- light the positive things that happen THE SENATE AMENDMENT TO dolences to his family at this difficult daily in our country. Regardless of H.R. 2577, TRANSPORTATION, time. what may be going on around us, HOUSING AND URBAN DEVELOP- events like this remind us what is real- f MENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016 ly important in life. ZIKA VIRUS f Mr. COLE. Mr. Speaker, by direction (Mr. DEUTCH asked and was given of the Committee on Rules, I call up VICTIMS OF GUN VIOLENCE permission to address the House for 1 House Resolution 751 and ask for its minute and to revise and extend his re- (Mr. PETERS asked and was given immediate consideration. marks.) permission to address the House for 1 The Clerk read the resolution, as fol- Mr. DEUTCH. Mr. Speaker, a new minute.) lows: Mr. PETERS. Mr. Speaker, Platte, CDC study shows a 13 percent risk that South Dakota, September 17, 2015: the Zika virus will result in H. RES. 751 Nicole Westerhuis, 41 years old; microcephaly, causing incomplete fetal Resolved, That upon adoption of this reso- Connor Westerhuis, 14; brain development. lution— (a) the House hereby takes from the Speak- Michael Westerhuis, 16; Already, nearly 300 pregnant women er’s table the bill (H.R. 2577) making appro- Jaeci Westerhuis, 10; in the United States have acquired priations for the Departments of Transpor- Kailey Westerhuis, 9. Zika. In light of these risks, how can tation, and Housing and Urban Development, Piketon, Ohio, April 22, 2016: this Congress continue to obstruct, and related agencies for the fiscal year end- Kenneth Rhoden, 44 years old; delay, and deny the necessary funding ing September 30, 2016, and for other pur- Christopher Rhoden, Sr., 40; for a response? poses, with the Senate amendment thereto, Gary Rhoden, 38; On many issues, this Congress is di- and concurs in the Senate amendment with Dana Manley Rhoden, 37; vided. I get it. But this is our most an amendment consisting of the text of Rules Committee Print 114-56; and Hanna May Rhoden, 22; basic job. This emergency will test us (b) it shall be in order for the chair of the Hannah Hazel Gilley, 20; as Americans, and it will test us as an Committee on Appropriations or his designee Clarence Rhoden, 20; institution. Will we come together to to move that the House insist on its amend- Christopher Rhoden, Jr., 16. prevent a Zika outbreak? Will we pro- ment to the Senate amendment to H.R. 2577 Macon, Georgia, December 12, 2014: tect these families? Will we act in the and request a conference with the Senate Derrick Jackson, 38 years old; common good, or will we continue to thereon. George Henley, 34; play politics, ignore the science, and The SPEAKER pro tempore (Mr. Corey Hollingshed, 25. disregard these serious risks? KELLY of Mississippi). The gentleman Dallas, Texas, January 4, 2015: The study’s author, CDC biologist from Oklahoma is recognized for 1 Deborah Lou Stanley, 57 years old; Michael Johansson, said: ‘‘We need to hour. Max Vester McEwen, 54; do whatever we can to help women Mr. COLE. Mr. Speaker, for the pur- Jose Alfredo Lopez, 21. avoid Zika virus infections during pose of debate only, I yield the cus- Norfolk, Virginia, January 1, 2014: pregnancy.’’ tomary 30 minutes to the gentleman Melvin Alston, 32 years old; Let’s listen to him. Let’s do our job. from Massachusetts (Mr. MCGOVERN),

VerDate Sep 11 2014 23:55 May 26, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.002 H26MYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE May 26, 2016 CONGRESSIONAL RECORD — HOUSE H3271 pending which I yield myself such time I have visited the infected areas and In February, President Obama re- as I may consume. During consider- have spent a lot of hours in talking to quested $1.9 billion to address the pub- ation of this resolution, all time yield- our people on the ground there who are lic health threat that is posed by the ed is for the purpose of debate only. both investigating the disease and Zika virus. Instead of taking the swift GENERAL LEAVE working with local governments to try action that was needed to confront this Mr. COLE. Mr. Speaker, I ask unani- and take care of some of the outbreak crisis, the House delayed and delayed mous consent that all Members may down there. and delayed as the Zika crisis contin- have 5 legislative days to revise and ex- We have visited extensively with our ued to spread. tend their remarks. friends up here at the National Insti- We should have sent a bill to Presi- The SPEAKER pro tempore. Is there tutes of Health and at the Centers for dent Obama’s desk months ago, but, in- objection to the request of the gen- Disease Control and Prevention. The stead, this leadership allowed months tleman from Oklahoma? only difference I have with my friends to go by without there being any ac- There was no objection. is whether or not we pay for the activ- tion on this issue until last week, when Mr. COLE. Mr. Speaker, yesterday ity. they brought to the floor a completely the Rules Committee met and reported I believe, Mr. Speaker, that, if we al- inadequate $622 million package that a rule to expedite consideration of leg- ready have the resources to confront provides only one-third of the funds islation that would deal with the immi- the crisis, which we do, we should do so that have been requested by the admin- nent threat of the Zika virus. The rule within our existing capabilities as op- istration. provides that the House concur in the posed to adding to the deficit. House Democrats, under the leader- Senate amendment with a further I look forward to working with my ship of Leader PELOSI and Appropria- amendment consisting of the text of colleagues in conference, through reg- tions Committee Ranking Member H.R. 4974, H.R. 5243, and H.R. 897, as ular order, to ensure a bipartisan LOWEY, have tried to bring to the floor passed by the House, and provides a agreement can be reached. I urge my meaningful emergency funding to ad- motion from the chair of the Com- colleagues to support the rule and the dress Zika, only to be blocked by House mittee on Appropriations to request a underlying legislation. Republicans five times. conference with the Senate. Mr. Speaker, I reserve the balance of While the administration has taken Mr. Speaker, as I said last week, the my time. significant steps to help keep Ameri- debate between Republicans and Demo- Mr. MCGOVERN. Mr. Speaker, I yield cans safe from the Zika virus, signifi- crats is not over whether or not to ad- myself such time as I may consume, cant additional appropriations are dress the Zika threat, but whether to and I thank the gentleman from Okla- needed. In a letter to Speaker RYAN, pay for it or just to add it to the na- homa (Mr. COLE), my good friend, for OMB Director Shaun Donovan and Na- tional credit card. yielding me the customary 30 minutes. tional Security Advisor Susan Rice This rule would provide for a con- (Mr. MCGOVERN asked and was said, without emergency supplemental ference between the House and the Sen- given permission to revise and extend funding, mosquito control and surveil- ate on the Zika response legislation, as his remarks.) lance may need to be suspended. passed by the House. As opposed to the Mr. MCGOVERN. Mr. Speaker, let me State and local governments that Senate approach, which adds an addi- start by saying how disappointed I am manage mosquito control may not be tional $1.2 billion to the national debt, by the inadequate and long overdue re- able to hire personnel for mosquito the House approach acts responsibly by sponse by this Republican majority to mitigation efforts, and vaccine devel- using existing funds designated for the Zika crisis. opments, which require multiyear Ebola and other infectious diseases to With nearly 1,400 Americans, includ- funding commitments, may be jeopard- pay for our response to the looming ing more than 275 pregnant women who ized. Zika threat. are currently infected with the virus To make matters worse, Mr. Speaker, b 0915 and well over a million cases expected House Republicans sent to the floor Mr. Speaker, many of my friends on before the end of the year, it is abso- last week and again this week a bill to the other side have claimed that the lutely shameful that this House has undermine the Clean Water Act and House Republicans’ response to the failed to act on legislation to ade- protections for our waterways under Zika threat has been wholly insuffi- quately fund a response to this poten- the guise of helping to contain the cient. Frankly, I disagree with that tially devastating crisis. Zika virus. view. In our view, our response is, real- Mr. Speaker, Zika is not coming to But the truth of the matter is that ly, the second of three tranches of the United States. It is here. As sum- the legislation is nothing more than a funds directed at Zika. mer arrives, along with mosquito sea- carve-out for pesticide special interests First, Chairman ROGERS, Chairman son, the mosquito that carries the Zika and it would have absolutely no effect GRANGER, and I directed the adminis- virus will be active and knocking on on spraying pesticides to combat the tration to use existing funds for Ebola the doors of our southern States and spread of the Zika virus. and other infectious diseases to deal territories. It is a bill my friends have brought to with the immediate threat. Thus far, This is an emergency, and it should the floor in the past, but they just the administration has used nearly $600 be treated as such. But my friends on couldn’t help themselves in using this million to support efforts to combat the other side of the aisle have spent crisis as an excuse to further under- Zika. months in delaying action and in mak- mine environmental protections. The second tranche of money that is ing excuse after excuse after excuse Instead of working with Democrats included in this legislation would pro- about why we don’t need to provide the to address this public health emer- vide an additional $622 million for full funding that our Nation’s public gency in a serious bipartisan way that Zika. health experts say we need. puts the health and safety of the Amer- Finally, I want to assure my col- I appreciate the fact that my friends ican people first, the Republican lead- leagues that we will commit additional on the other side of the aisle consider ership has once again brought to the resources in the FY 2017 appropriations themselves public health experts, but floor partisan legislation that will not process to ensure that the administra- there are people who are trained to be adequately meet the needs of the CDC, tion request is fully fulfilled, providing public health experts who tell us that of the NIH, of the USAID, and of other nearly $1.9 billion, which is the amount what we are doing here today is under- governmental agencies that are on the requested by the administration to funding an adequate response to this front lines in responding to this crisis. combat Zika. crisis. Let me close, Mr. Speaker, by saying In conclusion, Mr. Speaker, I think it I suppose I shouldn’t be surprised by that I have great respect for the gen- is important to reiterate that I do not this, as my friends in the majority tleman from Oklahoma. When he says disagree with my friends about the have made it a habit of ignoring the that he intends to support every effort need to confront the Zika virus quick- advice of scientists and of experts in to make sure that adequate funding is ly. In fact, I have been to Brazil. I have favor of appeasing a small group in available, if I thought this whole deci- been to Argentina. their Conference on the extreme right. sion were up to him alone, I don’t

VerDate Sep 11 2014 23:55 May 26, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.004 H26MYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3272 CONGRESSIONAL RECORD — HOUSE May 26, 2016 think I would be as nervous as I am at backfilled as needed during the normal prefer to save that money so as to this particular point, but his party appropriations process. spend it someplace else. We think it is that is in control has shut this govern- That is exactly what has been done. a crisis. We have the money. We ought ment down. No measure has failed to be imple- to spend the money right now and take We have seen them lurch from one mented because of a lack of money. care of Zika. crisis to another crisis and underfund There has been no delay in money for We are going to continue to work one priority after another priority. the Zika response, and there are sub- with our friends, and I think we will Quite frankly, I don’t trust the people stantial efforts to move ahead in this arrive at a good place. My hope is that who are running this House to do the regard. that measure that we enact at the end right thing, to be able to get a major- My friend made the point that we is fully paid for. That is what we are ity of their majority to go along with sometimes seem to ignore the advice of trying to achieve here. providing the appropriate funding. scientists. That is just simply not true. Mr. Speaker, I reserve the balance of Yes, we all want to be fiscally re- For Ebola last year, the administration my time. sponsible, but let me tell you this: if got the response it wanted out of this Mr. MCGOVERN. Mr. Speaker, I yield all you are worried about is the bottom Congress immediately. Frankly, it has myself such time as I may consume. I think what we are concerned about line—and that is the cost—by not ade- gotten an immediate response out of Zika. on this side of the aisle—and I know quately funding what is needed to com- some thoughtful Republicans are also bat this crisis, the costs that will re- I point out to my friend—he may not be aware of this because he is not on concerned about this—is the fact that, sult if this crisis gets out of control without certainty, a lot of the research will be prohibitive. You ain’t seen the Appropriations Committee—that last year the President of the United projects and a lot of initiatives that nothing yet. need to be done at the Federal and So we can nickel-and-dime this all States asked for $1 billion for addi- tional research at the National Insti- State levels will not happen because no we want, but we do so at our own peril. one knows whether the money is going We ought to be concerned primarily tutes of Health. We gave him $2 billion. He asked for a certain amount of to follow for what is needed. with the safety and well-being of the money—forgive me for not remem- I think there is a lack of certainty citizens of this country. bering the exact figure—for the Centers because we are in a House of Rep- But if that is not enough to prompt resentatives that has shut the govern- my friends on the other side of the for Disease Control and Prevention. We gave him more money than he asked ment down before. If people don’t get aisle to support the President’s re- for. This year we will do that again. He their way, people have a tantrum and quest, I would suggest that the cost of has made requests for additional they shut the government down. That ignoring this problem of not ade- money. is the history of this House of Rep- quately funding an appropriate re- We will go beyond what he has re- resentatives. sponse will be a cost like you have quested at both the National Institutes I quote here from Dr. Anthony Fauci, never seen before. of Health and at the Centers for Dis- the Director of the National Institute I urge my colleagues to defeat this ease Control and Prevention. So in sug- of Allergy and Infectious Diseases at rule and to bring up strong bipartisan gesting we are not funding these efforts the National Institutes of Health, legislation that will fully fund the ad- robustly, the truth is, if you look at whom I actually have a great deal of ministration’s request. This is a public the numbers, we are actually spending trust in. health emergency, and we must act more money than the President asked He says: now. for because we think these are national If we do not get the money that the Presi- Mr. Speaker, I reserve the balance of priorities. dent has asked for—the $1.9 billion—that is my time. going to have a very serious, negative im- While we listen to scientists, we also pact on our ability to get the job done. Mr. COLE. Mr. Speaker, I yield my- listen to economists. They tell us that That is Dr. Fauci. That is not I. That self such time as I may consume. running up a national debt willy-nilly is a highly respected scientist, whom I I begin by pointing out to my good is not a very good thing to do. In this think we all have a great deal of re- friend that, actually, we are doing, in a case, we have the money and we have spect for in this House. We ought to lis- sense, what he is urging us to do right the time to deal with this in a thought- ten to him more than to the Tea Party now. We are moving expeditiously to ful and prudent way and to advance the wing of the Republican Party. go to conference with our friends in the efforts without running up the national Mr. Speaker, I ask my friends to de- Senate, who have passed one version of debt. It is the appropriate way to pro- feat the previous question. If we do, I the Zika response. ceed. will offer an amendment to the rule We will have our version. We will sit I would just ask my friend to think that modifies the House amendment by down and work out a compromise, and back. When we hear this figure, this is replacing the Zika virus provisions I suspect we will be able to move pret- only a third of the response. Somehow with the text of H.R. 5044, which is the ty smartly through this. What we are my friends on the other side have for- Democratic alternative that fully doing here today is exactly what I gotten that the first third is already funds the administration’s request. know my friend wants us to do, and done. That was the first $600 million The Republican majority’s current that is to move and respond. that is being deployed as we speak. I also point out—and it gets lost in plan is to pass creatively named bills This is the next third. that have nothing to do with Zika and the rhetoric sometimes around this Frankly, it reaches not only the bal- to offer short-term spending commit- issue—that there is not one thing the ance for the remainder of this fiscal ments that will, unfortunately, fail to Federal Government has proposed to do year, but it reaches into next year. properly incentivize the private sector about Zika that it has been unable to This is more money, once we pass this, to help develop a vaccine. do because of a lack of money. The than the administration has proposed Federal Government has had every to deploy in this fiscal or even this cal- b 0930 cent that it has asked for. endar year. Our alternative would give our sci- Frankly, it was HAL ROGERS, the Then, in the normal appropriations entists and our doctors the resources chairman of the Appropriations Com- process, which is underway right now— they need to mount a longer-term, ro- mittee, who solicited Ms. GRANGER, the the bill will probably be presented bust response to the growing Zika cri- chairman of the Subcommittee on sometime in the middle of June to the sis. State, Foreign Operations, and Related Appropriations Committee—you will Mr. Speaker, I ask unanimous con- Agencies, and I, as the chair of the see additional money in both the State sent to insert the text of the amend- Subcommittee on Labor, Health and and Foreign Operations bill and in the ment in the RECORD, along with extra- Human Services, Education, and Re- Labor-H bill that is targeted toward neous material, immediately prior to lated Agencies, to write the adminis- Zika. The one difference is it will all the vote on the previous question. tration and tell them to start spending have been paid for. The SPEAKER pro tempore. Is there money immediately from the things I think that is what shocks my objection to the request of the gen- they had. Then that money would be friends the most. They would much tleman from Massachusetts?

VerDate Sep 11 2014 23:55 May 26, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.005 H26MYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE May 26, 2016 CONGRESSIONAL RECORD — HOUSE H3273 There was no objection. countants than responsive representa- help veterans in every part of the coun- Mr. MCGOVERN. Mr. Speaker, to dis- tives of hardworking Americans? try, every congressional district, and cuss our proposal, I yield 4 minutes to Protecting American communities is our troops throughout the world. the gentlewoman from New York (Mrs. the foremost responsibility of the Fed- The bill provides comprehensive sup- LOWEY), the distinguished ranking eral Government. Yet, the majority port for servicemembers, military fam- member of the Committee on Appro- has failed to lead the way to a response ilies, and veterans with $7.9 billion. It priations. worthy of this emergency. supports our troops with facilities and Mrs. LOWEY. Mr. Speaker, before I If the previous question is defeated, services necessary to maintain readi- make my statement, I just want to re- Mr. MCGOVERN will amend the rule to ness and morale at bases here in the spond to our distinguished chair of the offer my bill, H.R. 5044, as a substitute, States and, again, overseas. It provides Subcommittee on Labor, Health and providing the full $1.9 billion the ad- for the Department of Defense schools Human Services, Education, and Re- ministration requested, without off- and health clinics that take care of our lated Agencies. sets, to ensure an adequate response to military families. Has the chairman of the Committee Zika that doesn’t rob our Ebola re- For the VA, this bill includes $73.5 on Appropriations introduced sub- sponse. billion in discretionary funding. The committee allocations for either the I urge me colleagues to vote ‘‘no’’ on bill funds our veterans healthcare sys- Subcommittee on Labor, Health and the previous question. tems to ensure that our promise to Human Services, Education, and Re- Mr. COLE. Mr. Speaker, I yield 3 care for those who sacrificed in defense lated Agencies or the Subcommittee on minutes to the gentleman from Penn- of this great Nation continues as those State, Foreign Operations, and Related sylvania (Mr. DENT), the chairman of men and women return home. We owe Programs? the Appropriations Subcommittee on this support to our veterans and we are The answer is no. Military Construction, Veterans Af- committed to sustained oversight so Has the chairman set markup dates fairs, and Related Agencies. that programs deliver what they prom- for either the Subcommittee on Labor, Mr. DENT. Mr. Speaker, I thank the ise and taxpayers are well served by Health and Human Services, Edu- gentleman for yielding. He is obviously the investments that we make. cation, and Related Agencies or the a very thoughtful member of the Com- So I certainly support this motion to Subcommittee on State, Foreign Oper- mittee on Rules and a fine member of go to conference. I certainly urge adop- ations, and Related Programs bill? our Committee on Appropriations. tion of this motion so we can deal with The answer is no. I believe we have something really taking care of our servicemembers, our So there is no chance that Congress important to discuss today, and that is veterans, and their families. We must will send either appropriations bill to that today really does mark a return do this. Of course, we must also deal the President by September 30. This to regular order for our appropriations with the Zika threat that is affecting really is a charade. CDC Director Tom so many of us. I commend everybody Frieden says 3 months is an eternity bills and process. That statement is so significant that we need to pause and involved in that issue. for control of an outbreak. There is a The SPEAKER pro tempore. The narrow window of opportunity here, recognize it as a tremendous achieve- ment. This has been the intense focus time of the gentleman has expired. and it is closing. Mr. COLE. Mr. Speaker, I yield the of Appropriations Committee Chair- So, Mr. Speaker, I rise to urge my gentleman an additional 1 minute. colleagues to defeat the previous ques- man HAL ROGERS for more than 5 Mr. DENT. Mr. Speaker, I wanted to years. And the committee’s esteemed tion so we can support a robust and ag- commend Chairman COLE for his ef- gressive response to an imminent pub- ranking member, too, Mrs. LOWEY, has forts on this issue. I serve with him on lic health emergency. been equally determined to have reg- the Subcommittee on Labor, Health Researchers at Harvard and CDC re- ular order restored. They have worked and Human Services, Education, and ported that pregnant women who con- relentlessly to get us to this place, Related Agencies. I know he has been tract the Zika virus in their first tri- which is, in fact, a better place. So I in constant communication with our mester face as high as a 13 percent commend Chairman ROGERS and Mrs. friends at the NIH and the CDC to chance that their baby will have LOWEY and appreciate the support of make sure we get the resources nec- microcephaly. Nearly 300 pregnant the House leadership to make this hap- essary to them so they can help us deal women in the United States and its pen. This is the best way to serve our with this very real threat. territories are terrified that their child citizens, our Federal agencies, our vet- Again, I am very pleased that we will have a devastating birth defect, erans, our military services, and the have returned to regular order and that and that number increases every day. members and their families. we are going to conference this bill on Every day we learn more about the It is also my honor to have the Mili- Military Construction, Veterans Af- devastating virus, and each piece of tary Construction, Veterans Affairs, fairs, and Related Agencies, and on news is more alarming than the last. and Related Agencies appropriations Zika. It is great for the Congress, great That is why President Obama acted bill move forward as part of the con- for the country, and we need to move responsibly and requested $1.9 billion ference committee. That is very sig- forward. to research and develop vaccines and nificant to me as chairman of that sub- Mr. MCGOVERN. Mr. Speaker, I yield diagnostic tests, invest in mosquito committee. Of course, we are also myself such time as I may consume. vector control, and implement an ag- going to deal with the Zika threat as I have great respect for the gen- gressive public education and outreach we must and as we should, and that tleman from Pennsylvania, and I agree campaign. will be part of these discussions. I am with him that there are a lot of issues Yet, the House Republican Zika bill sure we are going to be able to come to that he has championed here. would provide a mere $622 million, an agreement with the Senate just on He used the words ‘‘regular order.’’ which is less than one-third of the $1.9 how we will proceed on that very im- We have no allocations, no budget reso- billion that public health experts tell portant issue, and I think everybody lution. We know that many of the ap- us is necessary to protect American here is committed to moving forward propriations bills will never see the communities. To make matters worse, both on the MILCON piece of this as light of day on the House floor. There the bill robs Peter to pay Paul, steal- well as Zika. will be this mad rush after the election ing funding still needed to protect H.R. 4974—and that is the Military to put together some big omnibus against Ebola and increase public pre- Construction, Veterans Affairs, and Re- package that most people will never be paredness at home. lated Agencies bill—demonstrates our able to read. If that is regular order, we The spread of the Zika virus is tak- firm commitment to fully supporting have a very strong difference of opinion ing a severe toll on Brazil and other our Nation’s veterans and servicemem- of what regular is all about. South and Central American countries. bers. Our investment of $81.6 billion for Mr. Speaker, I insert into the RECORD It has spread to Puerto Rico, and the Military Construction, Veterans Af- a letter that was sent to the House outbreak is knocking at our door. fairs, and Related Agencies, at $1.8 bil- leadership signed by close to 70 health Why are my friends in the majority lion over last year’s level, is unprece- organizations—every major health or- acting more like bureaucrats and ac- dented. The bill will address issues to ganization in the country—calling for

VerDate Sep 11 2014 23:55 May 26, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.007 H26MYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3274 CONGRESSIONAL RECORD — HOUSE May 26, 2016 new funding rather than repurposing dren and families, the CDC estimates that Florida (Ms. WASSERMAN SCHULTZ), the money from other high-priority pro- the average lifetime cost of caring for each ranking member of the Appropriations grams to combat Zika, also supporting child born with microcephaly will likely be Subcommittee on the Legislative millions of dollars per child. For hard-hit the President’s request. It talks about communities, an epidemic of severe birth de- Branch. how we have a brief window of oppor- fects could quickly overwhelm health care Ms. WASSERMAN SCHULTZ. Mr. tunity to slow the spread of the Zika and social services systems, and put extreme Speaker, I urge the House to take virus and avert a wave of preventable pressure on educational and other institu- meaningful action to address the public birth defects and urging Congress to tions. health crisis that the Centers for Dis- act certainly in a much more aggres- The President has requested emergency ease Control recently called scarier sive way than what we are doing here funding to educate Americans about pro- tecting themselves, reduce the mosquito than we originally thought, and to sup- today. population, and accelerate Zika vaccine re- port the President’s request for supple- APRIL 5, 2016. search. Each of these steps is vital to reduc- mental funding for the Zika virus as Hon. PAUL RYAN, ing the likelihood that pregnant women will outlined in H.R. 5044, the FY16 Zika Speaker, House of Representatives, Washington, be exposed to the Zika virus. supplemental appropriations. DC. Our nation has a brief window of oppor- I thank Appropriations Ranking Hon. FRED UPTON, tunity to slow the spread of the Zika virus Chairman, Committee on Energy and Commerce, and avert a wave of preventable birth de- Member NITA LOWEY and Labor, Health Washington, DC. fects. We urge you to act immediately to and Human Services, Education, and Hon. HAL ROGERS, provide the emergency resources necessary Related Agencies Subcommittee Rank- Chairman, Committee on Appropriations, Wash- to protect pregnant women, infants and chil- ing Member DELAURO for their ongoing ington, DC. dren from this devastating infection. leadership to help protect our constitu- Hon. NANCY PELOSI, Sincerely, ents. Minority Leader, House of Representatives, Academic Pediatric Association, American Academy of Family Physicians, American More than 120 Floridians now have Washington, DC. the Zika virus, including 36 pregnant Hon. FRANK PALLONE, Academy of Pediatrics, American Associa- Ranking Member, Committee on Energy and tion for Clinical Chemistry, American Asso- women. Last week there were an esti- Commerce, Washington, DC. ciation for Pediatric Ophthalmology and mated 157 pregnant women in the con- Hon. NITA LOWEY, Strabismus, American College of Nurse-Mid- tinental United States and 122 more in Ranking Member, Committee on Appropriations, wives, American College of Preventive Medi- the territories who have contracted Washington, DC. cine, American Congress of Obstetricians and Zika. Gynecologists, American Medical Associa- DEAR SPEAKER RYAN AND MINORITY LEADER The House must take real action to PELOSI, CHAIRMAN UPTON AND REPRESENTA- tion, American Nurses Association, Amer- protect our citizens. It is an outrage TIVE UPTON, AND CHAIRMAN ROGERS AND REP- ican Pediatric Society, American Public RESENTATIVE LOWEY: The undersigned orga- Health Association, American Sexual Health that we are not adequately responding nizations committed to the health and Association, American Society for Clinical to the calls of public health officials at wellbeing of our nation’s families and com- Pathology, American Society for Reproduc- the Federal, State, and local levels who munities urge you in the strongest terms to tive Medicine, Association for Professionals are clanging the alarm bells, imploring immediately provide emergency supple- in Infection Control and Epidemiology, Asso- Congress to act. mental funding to prepare for and respond to ciation of Maternal & Child Health Pro- grams, Association of Medical School Pedi- Last week the House approved a Zika the Zika virus here in the United States. We bill that is absolutely unacceptable. also urge that Congress provide new funding atric Department Chairs, Association of Pub- rather than repurpose money from other lic Health Laboratories, Association of Re- The bill the House passed would raid high priority programs at the Centers for productive Health Professionals, Association existing public health accounts, a dan- Disease Control and Prevention (CDC) and of Schools and Programs of Public Health, gerous precedent to set for appro- other federal agencies that ensure our health Association of State and Territorial Health priately responding to public health security and public health preparedness. Officials, Association of Women’s Health, crises. This is an approach that Dr. As you know, the Zika virus has been Obstetric and Neonatal Nurses. Children’s Environmental Health Network, Fauci of the National Institutes of linked to microcephaly, a serious birth de- Health, the so-called Zika czar, has fect of the brain, in babies of mothers who Children’s Hospital Association, Commis- contracted the virus while pregnant. Thou- sioned Officers Association of the U.S. Public called illogical. Furthermore, it only sands of devastating birth defects have been Health Service, Inc., Cooley’s Anemia Foun- authorizes use of funds through Sep- observed among infants born in South and dation, Council of State and Territorial Epi- tember 30th. Let me assure you that Central America in recent months. Zika has demiologists, Easter Seals, Every Child By mosquitos carrying the Zika virus do Two, First Candle, GBS/CIDP Foundation already been diagnosed in travelers return- International, Healthcare Ready, HIV Medi- not adhere to a congressional calendar. ing to the U.S. from these areas. As the sum- cine Association, Infectious Diseases Society The Republican bill does nothing to mer months approach and we enter mosquito of America, Intrexon, Johnson & Johnson, specifically help Puerto Rico where season, our nation can expect to be exposed March of Dimes, National Association of to mosquitos that can spread this virus. Over Zika is wreaking the most havoc and County and City Health Officials, National four million babies are born in our nation where close to 1,000 people have been Birth Defects Prevention Network, National each year, and many of their mothers could infected. Association of Pediatric Nurse Practitioners, be at risk for contracting Zika during preg- We need more funds now to equip our National Council of La Raza, National Envi- nancy. local health centers with testing kits. With emergency supplemental funding to ronmental Health Association, National Foundation for Infectious Diseases, National We need to assure the National Insti- respond to the Zika virus, state and local tutes of Health that there is sustained public health professionals would have ac- Hispanic Medical Association, National Med- cess to increased virus readiness and re- ical Association. funding to develop a vaccine as well as National Network of Public Health Insti- sponse capacity focused on areas with ongo- a cure, and we need to protect our con- tutes, National Organization for Rare Dis- ing Zika transmission; enhanced laboratory, stituents. That is our responsibility. orders, National Partnership for Women & epidemiology and surveillance capacity in It continues to baffle and frustrate so Families, National Recreation and Park As- at-risk areas to reduce the opportunities for sociation, Novavax, Inc., Nurse Practitioners many of us that the majority wishes to Zika transmission and surge capacity in Women’s Health, OraSure Technologies, address this crisis, this public health through rapid response teams to limit poten- Inc., Oregon Public Health Association, Pedi- crisis, by combatting Zika through tial clusters of Zika virus in the United atric Infectious Diseases Society, Pediatric robbing Peter to pay Paul. That is irre- States. Moreover, supplemental funding will Policy Council, Public Health Institute, Re- assist the CDC and USAID in efforts to con- sponsible. It is immoral. And the ma- search!America, Resolve: The National Infer- tain the Zika virus in Zika-endemic coun- jority will have to look in the eyes of tility Association, Save Babies Through tries and ensure that there are resources for the mothers who have contracted the Screening Foundation Society for surveillance, vector control and services for Zika virus beyond the point of which Healthcare Epidemiology of America, Soci- affected pregnant women and children. we will have lost control of the ability If we take immediate action, we may be ety for Maternal-Fetal Medicine, Society for Pediatric Research, Society for Women’s to contain this virus and this public able to dramatically slow the spread of Zika, health crisis, look those mothers in the giving scientists time to develop and test a Health Research, The Arc, The Newborn vaccine. Without action, however, we fear Foundation, Trisomy 18 Foundation, Trust eye and explain why they did nothing the number of newborns born with debili- for America’s Health. to ensure that their babies were not tating birth defects will only continue to Mr. MCGOVERN. Mr. Speaker, I yield born with birth defects. It is uncon- rise. In addition to the human toll on chil- 4 minutes to the gentlewoman from scionable, and we need to act now.

VerDate Sep 11 2014 03:07 May 27, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.008 H26MYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE May 26, 2016 CONGRESSIONAL RECORD — HOUSE H3275 I urge the House to support the full money was not available. To date, the people and for the health and welfare of request for funds and vote ‘‘no’’ on the administration has been able to do ev- many women and children in this coun- previous question. erything it wanted to do. This debate try. This is a big deal. This is an emer- Mr. COLE. Mr. Speaker, I yield my- that we are having here today is actu- gency. Shame on us for not stepping up self such time as I may consume. ally another step in that process. to the plate and doing what is right. Mr. Speaker, what is unconscionable This moves us toward conference. My Mr. Speaker, I reserve the balance of is to make charges that are simply un- friends probably look on the Senate my time. true, and to suggest that there is bill with more favor than they do the Mr. COLE. Mr. Speaker, I yield my- money that has not been deployed that House bill. Fair enough. We will go to self such time as I may consume. would otherwise have been spent is un- conference with the Senate. So the Mr. Speaker, there has been a great true. Everything the administration process is underway. It is moving as it deal of discussion this morning about has wanted to spend, it has been able should. the Ebola fund and how it is being used to spend. When the administration asked for and in what ways it is going to be used. Now, we hear a lot of talk about raid- emergency funding, they immediately Let me just go back and make a few ing funds. Let’s talk about raiding got a response from Chairman ROGERS, points to clarify that situation. funds. The administration took $500 saying: Spend whatever you need to When Congress acted, it appropriated million out of emergency response spend right now. We will back you up. almost $6 billion for Ebola. That money—I believe in December or ear- We have made good on that commit- money was to be spent over years. It lier this year—and redirected that to ment. We are going to continue to wasn’t really clear whether it was too the global climate fund. That is money make good on that commitment. much or, frankly, not enough. We sim- that was set aside that could have been Mr. Speaker, I reserve the balance of ply didn’t know. used for Zika. Instead, it is in a global my time. Now, the reality is, even after the climate fund. The administration, in Mr. MCGOVERN. Mr. Speaker, I yield amounts of money that my friend has its own budget, took $40 million out of 1 minute to the gentlewoman from New talked about that have been shifted the Ebola fund and directed it into a York (Ms. LOWEY). from Ebola to deal with Zika, that fund worthy cause, malaria suppression. So Mrs. LOWEY. As my colleague still has over $1.7 billion in it, more we don’t have objection, but the idea knows, I have great respect for the dis- than enough to finance all the planned that this money isn’t used is untrue. tinguished chairman of the Labor-HHS activity not only for this fiscal year, Now, when we hear discussions about Subcommittee, for which we don’t even but all of next fiscal year. the Ebola money, that is money that have a number right now, so we don’t This is a multiyear fund. When you was not to be spent in the next weeks know how much we have to spend. are in an emergency, it makes sense to or the next months, but in future But I also would like to respond to take money like that and move it over, years. We don’t even know if it is your comments about we have enough particularly with the assurance that enough or if it is too much. So the idea now, we may have enough next year. that money will be replaced, as needed, that using some of it now in an imme- We don’t in the United States of Amer- in the regular appropriations process. diate emergency is wrong with the idea ica respond to crises on the installment The administration itself is doing the and the commitment that that would plan. As you well know, Dr. Frieden same thing. In its own budget, it pro- be replenished later, as needed, is the and Dr. Fauci have said: This is the re- posed taking money out of the Ebola responsible thing to do. quest. We need the money. fund and spending it on something else As for NIH funding, in the Zika bill This isn’t extra money that we are that it thought was more immediate. that this House passed, there are $230 requesting. This is what the experts So the idea that this is somehow un- million that fully funds the NIH’s re- have requested to address this crisis precedented or different than what the quest for vaccination research for all of now. administration is doing is simply not next year. So, again, the idea that Mr. MCGOVERN. Mr. Speaker, let me true. money is not available and they don’t just again make clear so that every- Now, the reality is—again, my know what to do if we pass this legisla- body understands this that this House friends seem to imply or perhaps be- tion is untrue. Republican Zika bill provides less than lieve that there is something that b 0945 one-third of the funds requested by the hasn’t been done to date that the Fed- So I would just suggest again we look President to respond to the Zika eral Government wanted to do on Zika. at the real difference here. It has noth- threat. The House bill also cuts the re- That is not true. ing to do with Zika response. It has ev- quest for research and development of They have had the funds to do every- erything to do with whether or not you vaccines, treatments, and diagnostics thing they have wanted to do. They want to pay for it when you have the by $132 million, or 28.4 percent. will continue to have the funds to do money available or you just want to The House bill does not replace the everything they want to do. So to sug- add another $1.9 billion to the national more than $40 million taken from gest that somehow they are not being credit card. States and cities for public health and funded is just not the case. It is thinking like that that got us emergency preparedness that HHS was Frankly, we have effectively in the into a situation where we were running forced to move into the Zika response Zika bill advance funded money for the $1.4 trillion deficits when my friends due to the inaction by Congress. The NIH to actually begin research and were in control on the other side. House bill also does not replace the have given them all the money in that Where we still have a $450 billion, more than $500 million taken from bill they asked for for next fiscal year roughly, deficit for this fiscal year— Ebola funds that HHS was forced to on the vaccine side of this. and it will go up next year—we ought move into Zika response due to Con- So we will continue to work the proc- to be doing this in a prudent way. gress’ inaction. ess. We will continue to make sure that Now, Zika response does not happen Finally, to make matters worse, the the resources are available to fight in a single day. It is something that House bill rescinds $622 million to pay Zika because we all believe it is a dan- will last, frankly, over multiple for the Zika package, including taking ger. We will continue to do it in a re- months and years. The administra- an additional $352 million from Ebola. sponsible way by using the funds that tion’s request for $1.9 billion is not for So the total being taken from Ebola ef- are available, putting them on an im- just today. It is for at least a period of forts under the House Republican ap- mediate problem, and replenishing ac- 2 years. proach reaches nearly $900 million. counts as we need to. So they have the money they need Now, I appreciate the fact that we Again, I remind my friends that that right now. The bill provides the next don’t want to keep on adding to our na- is something the administration itself amount of money they need, and we tional credit card, but we have no prob- has been doing not only with Ebola will provide additional money in the lem adding tens of billions of dollars to funds, but with other funds, when it course of the appropriations process. the national credit card for war. has moved emergency response money I want to assure everybody that Well, this is also a war, a war for the to the global climate fund. I mean, nothing will not be done because the health and welfare of the American goodness, that was $500 million that,

VerDate Sep 11 2014 23:55 May 26, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.009 H26MYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3276 CONGRESSIONAL RECORD — HOUSE May 26, 2016 had it been left there, would have been for, the $1.9 billion, that is going to regard meeting the needs of the Amer- available right now for Zika for the re- have a very serious negative impact on ican people, along comes this incom- sponse in other parts of the world. our ability to get the job done. prehensible explanation to anybody So it is easy to get lost in the thicket Another scientist, Dr. Tom Frieden, why this might be a proposal worthy of of numbers here and this much from Director of the Centers for Disease the floor of the House, worthy of the this pot and this much from that pot. Control, the public health agency to public health challenge to the Amer- The reality is, number one, every- stop this threat, said: Never before in ican people, worthy of our concerns thing that the Federal Government has history has there been a situation about the American people. wanted to do to date they have had the where a bite from a mosquito can re- b 1000 money to do. sult in devastating fetal malformation. Number two, it has been paid for. Testimony went on to say that we My Republican colleagues, you have Number three, we are proposing to are talking about children with irre- outdone yourselves today. What you continue that, making sure they have versible brain damage who will never are doing is reckless. In this bill, we all the funds that are needed, as need- be able to walk, talk, see, or hear, chil- should be meeting this challenge the ed, but we pay for them. dren whose care over a lifetime is esti- way we meet emergencies: with ade- Number four, we are actually moving mated to cost more than $10 million. quate resources, which will end up sav- the process forward to sit down with The money is one thing. The devasta- ing money because they will be an in- the Senate by passing this rule and the tion to that child and to that family is vestment in the health of the American underlying legislation and going to far more consequential. So the $1.9 bil- people. It has been over 90 days since conference and actually hammering lion is a great deal of money. the President has made the request. out a common bill that will be accept- It is an emergency. It is a small price I will just say this one other thing. It able to all sides. to pay to prevent irreversible brain is not our role to instill fear, but we I appreciate the concern. I know it is damage in our children. It is a small have to face the challenge in a very genuine, quite frankly, but I also know price to pay instead of saying to fami- clear-eyed way. The virus from this that we are acting and acting effec- lies: Don’t think about having children mosquito is sexually transmitted. We tively to deal with the problem. have no idea—it could be as long as 18 Mr. Speaker, I reserve the balance of now because of this epidemic. The Republicans are treating the months—how long it would reside in a my time. threat of Zika with so little serious- gentleman who might be bitten by the Mr. MCGOVERN. Mr. Speaker, I yield mosquito. It could be over a year, it 1 minute to the gentlewoman from ness that they decided to use the crisis as an opportunity to eliminate protec- could be shorter, but it is not one California (Ms. PELOSI), the Demo- night. cratic leader. tions for the water that our children Ms. PELOSI. Mr. Speaker, I thank drink. Secondly, if you get bitten by this the gentleman for yielding and for his The so-called Zika Vector Control mosquito when you travel someplace forceful arguments against this reck- Act the Republicans are adding to this where it might be pervasive, you not less rule that is before us today. package this morning that they are only get bitten yourself, you bring it I rise, Mr. Speaker, in strong opposi- asking you to vote for is nothing but a home. Again, it is sexually trans- tion to the rule and, really, in a state longstanding and craven repackaged mitted. of wonderment, wonderment about how Republican effort to gut the Clean It is transmitted in even more perva- on earth this Congress of the United Water Act. It is a pesticide Trojan sive ways. Any other garden variety States can be so insensitive to a chal- horse that will do nothing to protect mosquito that would bite you, who lenge to the American people. Americans from Zika. have already been bitten by the other It is our responsibility to honor our This is really a dishonoring of our re- mosquito, now is a carrier of that preamble to the Constitution, to pro- sponsibility to protect and defend our virus. We turn garden variety mosqui- mote the general welfare. That is in fellow Americans. As our distinguished toes into an army on the assault of the the preamble of our Constitution, member of the Committee on Rules public health of the American people. which we take an oath to defend. mentioned, this is a defense issue. It is So, again, as a mother and a grand- The distinguished gentleman from about protecting the American people. mother, as a parent, and for the fathers Oklahoma, whom I respect, said just be This proposal today puts forth one- and grandfathers who serve here, think patient. No. No. Ninety-four days since third of what the President has asked of the children, think of the risk, think the President of the United States for—one-third. People say: Aren’t you of the responsibility that we have. asked for the amount of resources nec- happy with one-third of a loaf? It is not Think of the irresponsibility of this essary to address the Zika crisis, an one-third of a loaf. It is one-third of a bill before us today and the reckless amount of money that was requested shoe. You cannot get there from here disregard for public health in our coun- by the scientists, documented by the with one-third. try that the Republicans are putting urgency of this challenge for the re- It is really an insult to the scientists forth in this legislation, and vote ‘‘no.’’ search and for the prevention and for who have spoken out. Actually, it is Mr. COLE. Mr. Speaker, may I in- the resources needed to address this one-third of the President’s request, quire as to how much time we have re- public health emergency. but it is one-fifth of what the CDC has maining? I rise not only as the House Demo- requested for the public health activi- The SPEAKER pro tempore. The gen- cratic leader, I rise as a mother and a ties. tleman from Oklahoma has 13 minutes grandmother, and I speak to parents We must elevate the importance of remaining. The gentleman from Massa- and grandparents in this body because the public health responsibility that chusetts has 11 minutes remaining. that is all I am allowed to speak to. we have. If we had a natural disaster, Mr. COLE. Mr. Speaker, I yield my- The questions that I have for you are: FEMA has funds to come to the rescue self such time as I may consume. How can we ignore the President’s sci- of the American people. That is our Mr. Speaker, I want to begin by say- entifically based request expressed in compact with the American people, to ing I also have a great deal of respect the words of Dr. Fauci, the Director of help them in ways that they could for the distinguished minority leader. the National Institute of Allergy and never help themselves because of the She used in her remarks and made the Infectious Diseases at the National In- scope of the challenge. point that the President had asked for stitutes of Health, a person, a This is no less a challenge. In fact, it a number of things. healthcare leader in our country, a re- would probably result in more loss of Last year, the President asked for a searcher, a scientist who has been de- life, malformation of unborn children. billion dollars more for the NIH. We scribed by President George Herbert On top of that, think of the negative said: You know, we didn’t think you Walker Bush as a hero—as a hero—in impact it will have, distrust to travel asked for enough, so we are going to his work for the American people and to certain regions in our country. give you $2 billion. their public health? This is so reckless. Just when I Somehow, that seems to get lost. Dr. Fauci says: If we don’t get the thought I had seen it all on the part of Last year, the President sent down money that the President has asked the Republicans in the Congress to dis- his request for the Centers for Disease

VerDate Sep 11 2014 23:55 May 26, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.010 H26MYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE May 26, 2016 CONGRESSIONAL RECORD — HOUSE H3277 Control. We said: You know, we don’t money and that the NIH had some $600 Connecticut (Ms. DELAURO), the rank- think you are spending enough on pub- million that was sitting in a fund from ing member of the Appropriations Sub- lic health, Mr. President. We are going Ebola that had not been completely committee on Labor, Health and to spend more money than you asked used. A determination was made—in- Human Services, Education, and Re- for. cluding the gentleman from Oklahoma lated Agencies. This year, when the President sub- (Mr. COLE), HAL ROGERS, and NITA Ms. DELAURO. Mr. Speaker, I just mitted his budget, he decided: I am LOWEY, who were engaged in the deci- will say, what my colleague, Mr. SES- going to take a billion dollars of dis- sion—that said we will allow the SIONS, just said: that the NIH had $600 cretionary spending away from the Na- money to be switched over if you would million in unused Ebola money, that tional Institutes of Health and spend it like to do that. Switch it over and use really is false. The NIH has used all of someplace else. that money for this specific event that its Ebola funds that Congress allo- We said: No, Mr. President; we think we are now looking at. What happened cated. So the statement of the gen- that is pretty reckless. is they used the money very quickly. tleman from Texas is not factual. By the way, my Democratic friends They accelerated spending the money— The Zika virus is a public health agreed with that, too. that is fine; we want them to do what emergency. It is a crisis, and we must We said: We are not going to let you they need to do—some $600 million. treat it as such. As of last week, there take a billion dollars of discretionary As soon as that was known, the gen- were almost 1,400 confirmed cases of money away from the NIH and spend it tlewoman Mrs. LOWEY, the gentleman Zika in the United States and its terri- someplace else. We are going to keep it Mr. ROGERS, and the gentleman Mr. tories. Nearly 300 of them are pregnant right there. And, by the way, we are COLE went about looking at a request women. And one person has died. going to put more money than you to fill for the next 5 months what This Congress, when we appropriate asked for in this agency when the bill would be some $1.2 billion that would money for defense or defense spending comes out, and we are probably going be spent just this year remaining—we or for wars, Republicans say: Listen to to do the same thing for the Centers are in May—just until the end of Sep- the generals in the field; they are the for Disease Control. tember. ones who know best. Well, we are in So, to suggest that the President The President asked for $1.9 billion the midst of a war against the Zika hasn’t gotten what he has asked for is for 5 years, and we gave $1.2 billion of virus, and we should be listening to the to, frankly, misstate the facts. that $1.9 for 5 months. We are accel- generals and the experts in the field. We have had a great deal of mention erating the money that is necessary to And who are they? They are at the Cen- that the President has had the request NIH. ters for Disease Control; they are at for 94 days. What we have not had is The minority leader outlined how the National Institutes of Health; and one shred of evidence that, in those 94 terrible this destructive behavior can they are the scientists in our country. days, he has not had the money to do be to a child, to an embryo. We agree. We need to give them the resources every single thing he wanted to do. In- But to suggest that Republicans are that they need, and they have told us deed, the chairman of the committee reckless is not fair. that they need $1.9 billion. We should What is fair to say is that we are re- urged him to start spending money im- do the right thing. We should fund sponding appropriately, we are re- mediately to do that. So there has been their request. One-third of that re- sponding immediately, and we are put- no loss of effort, and the bill in front of quest, which is what the House Repub- ting it together before we are gone us now funds it for the rest of the fiscal licans have proposed, is not adequate. next week on a district work period. year. It also funds the research on the Typically, microcephaly occurs in We are doing it this week. We are mov- vaccine at the NIH into next year. 0.02 percent to 0.12 percent of all U.S. ing it as quickly as possibly. If we So, again, I am just going to simply births, but The Washington Post re- weren’t, we would be accused of the re- disagree with my friend that money ported yesterday that, among Zika-in- verse, evidently. has not been available. It has been Mr. Speaker, the Republican Party, fected pregnant women, that risk is as available; and, frankly, to the appro- high as 13 percent. the gentleman Mr. COLE, the gen- priate agencies, more money has been This summer, every woman who is tleman Mr. ROGERS, and our Speaker available than the President has asked care about people. We are doing the pregnant or trying to get pregnant will for. More money will be available next right thing. be afraid: afraid to go out on the patio, year than he asked for. Now, in the Rules Committee, the afraid to take your kids to the Little Mr. Speaker, I yield 4 minutes to the gentleman Dr. MICHAEL BURGESS, ac- League, afraid to go to a barbecue. It is gentleman from Texas (Mr. SESSIONS), knowledged some other frailties that our duty here to do everything that we the distinguished chairman of the he sees from the administration’s can to ease those fears, to stop this dis- Rules Committee and my good friend. point, and that would be: Where is the ease from spreading any further. Mr. SESSIONS. Mr. Speaker, I want alert to cities? Where is the adminis- We must not put American women in to thank the gentleman, not only a trative action to say let’s do something a predicament of choosing whether or member of the Rules Committee, but about alerting travelers? Where is the not they should get pregnant or, if they an appropriator who is directly in line information that is going to public are already pregnant, wondering with and understands the needs of not health officials? Where are we pre- whether or not their baby is going to only the American people as it relates paring ourselves to look at what would be okay. to the NIH, but also the funding mech- happen in Brazil? What is the adminis- Ron Klain, the Ebola czar, wrote in anisms. tration doing other than just accusing The Washington Post: ‘‘It is not a ques- Mr. Speaker, I stand up to really dis- us of not spending more money? tion of whether babies will be born in agree with the gentlewoman from Cali- Mr. Speaker, we all live in glass the United States with Zika-related fornia. To call my party and our efforts houses. We need to look at this the microcephaly—it is a question of when reckless and irresponsible, I believe, is same way, and calling each other and how many. For years to come, unfair. names is not a way to get there. these children will be a visible, human I believe it is unfair because, last So, Mr. COLE will be responsible and reminder of the cost of absurd wran- night at the Rules Committee, we had reasonable; HAL ROGERS, the chairman gling in Washington, of preventable this virtually same discussion. And the of our Appropriations Committee, will suffering, of a failure of our political discussion started with me when I said responsible. I said to my committee system to respond to the threat that that I had Republicans and Democrats, last night, as quickly as we need to get infectious diseases pose.’’ only Monday, with the Director of NIH, together, the Rules Committee will According to the CDC, pregnant Dr. Francis Collins, and the Director of come in, even if it is on an emergency women are already facing unacceptably the Institute of Allergy and Infectious basis, to handle this, based upon a re- long delays in learning Zika results. Diseases, Dr. Anthony Fauci, and we quest. And that is what we are going to CDC Director Tom Frieden has said talked directly about this issue. do. that experts estimate a single child What we learned, Mr. Speaker, is Mr. MCGOVERN. Mr. Speaker, I yield with birth defects can usually cost $10 that there was a request for additional 4 minutes to the gentlewoman from million to care for—or more. That says

VerDate Sep 11 2014 00:49 May 27, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.012 H26MYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3278 CONGRESSIONAL RECORD — HOUSE May 26, 2016 nothing about the life of that child This was not scheduled earlier this and I want to respond to his question. with microcephaly. They cannot eat; week. This was not have a rule until This is not a cover vote. they cannot speak; they cannot walk. 9:30 last night. So if the gentleman’s First of all, the main item here is ac- I do not often quote Senator MARCO proposition is correct, that there are tually veterans and military construc- RUBIO, but last week, he said: sufficient funds right now, we don’t tion that is over $83 billion; that, It is a mistake for Congress to try to deal need to act on this bill today. through normal order, is moving for- with the Zika virus on the cheap. If we don’t So why, my friends, are we acting on ward. Now, to also move the Zika bill spend money on the front end, I think we are it today? with it makes a lot of sense. going to spend a lot more later, because this Because the public believes we ought Frankly, one of the things in this problem is not going away. to act. And the Republicans are trying bill—and I disagree with my friend’s We could not agree more. We have to protect themselves against the at- characterization—we want to make stolen $44 million from our States to tack, that they took no action until 94 sure that misguided environmental deal with this crisis, and the Repub- days into the President’s request be- regulations don’t stop us from deploy- lican bill does not reimburse our States cause, if Mr. COLE is right, we need not ing pesticides that we may need. That for the money that they need for deal- worry: there is plenty of money avail- is in this bill. That is pretty important ing with emergencies such as this. able. to move forward. We should defeat the previous ques- But they know the American people The funding is also important. Now, tion, and we should consider the don’t agree with that. So 9:30, in the my friends seem to forget, again, the Lowey-DeLauro-Wasserman Schultz dead of night, they passed this rule, long record here of who has been will- amendment and fully fund the Presi- brought it to the floor so that they can ing to support the NIH and who has dent’s request of $1.9 billion. It is the say: Oh, we have acted. been willing to support the CDC. We responsible and moral thing to do. Nothing, my friends, will happen as a gave the NIH twice what the President The SPEAKER pro tempore (Mr. result of what we do today. The Senate asked for in additional new money last LUCAS). The time of the gentlewoman passed a bill with 69 votes, $1.1 billion, year. That is being spent right now, by has expired. not taking from Ebola defense, not the way. We also gave the Centers for Mr. MCGOVERN. Mr. Speaker, I yield taking from the other health needs of Disease Control more money than the the gentlewoman an additional 30 sec- America, as our bill does, but saying: President asked for. This year, when onds. this is an emergency. the President tried to take $1 billion of Ms. DELAURO. Months from now, Now, very frankly, my friends on discretionary money away from the NIH, both Republicans and Democrats when the results of our inaction be- your side of the aisle, Mr. COLE, when come apparent, we will ask ourselves: you want $18 billion from defense, you on the Appropriations Committee said: Why did we delay? Why did we wait? have no problem not paying for it. You No, Mr. President, we are not going to We must take appropriate action take it from OCO, which is not scored. let you raid NIH and take money away now. We must reject the previous ques- No problem. But when the President and weaken the healthcare apparatus tion. We must do what is the morally asks for $1.9 billion, about a tenth of of the United States. I made the point then—and I can as- right thing for the people of this coun- that, well, my goodness, this is a prob- sure my friends we will be happy to try who put their faith and trust in us lem. It is, after all, not the Taliban. It back it up—that we will put more to come and represent their best inter- is not Iran. We have to protect against ests and the public health. money into NIH this year for next fis- that. It is a health crisis in America, cal year than the President actually Mr. COLE. Mr. Speaker, may I in- and we have fiddled for 94 days. quire as to how much time remains? requests. If, in fact, Mr. COLE’s representation The SPEAKER pro tempore. The gen- Now, in terms of Zika, the moment is correct, there is no need to act. But tleman from Oklahoma has 7 minutes there was a crisis, the chairman of this if the actions that they are taking remaining. The gentleman from Massa- committee, HAL ROGERS, immediately speak loudly that, yes, there is a need chusetts has 61⁄2 minutes remaining. sent a letter to the President and said: to tell the American people: we get it; Mr. COLE. Mr. Speaker, I reserve the Spend all the money you need. There there is a crisis; we are going to act, balance of my time. are whole pots of it in different spots. the problem is nothing will happen as a Mr. MCGOVERN. Mr. Speaker, I yield We will replace the dollars as they are 4 minutes to the gentleman from Mary- result of this action, other than a bill needed. will go over to the Senate, with which land (Mr. HOYER), the Democratic So taking money out of funds that whip. the Senate does not agree. They passed were meant to be spent over years and a bill with 69 votes. Half of the Repub- using them in immediate crises is not b 1015 licans, all of the Democrats, said we unusual. Indeed, the administration Mr. HOYER. Mr. Speaker, I thank need the $1.1 billion. itself has done this twice in recent the gentleman for yielding. Now, the President asked for $1.9 bil- months: once taking $500 million from I want to thank Ms. DELAURO, the lion, but what they didn’t do is steal the Emergency Response Fund in the ranking member of the Subcommittee from Ebola, steal from other health Department of State and spending it on on Labor, Health and Human Services, priorities. climate change, instead of an emer- Education, and Related Agencies. And I hear the gentleman talking gency response; $40 million in their Mr. Speaker, this is the story in The about how much money is out there, own budget out of Ebola money that Washington Post. It is front page. It is but if that is true, why did we need to they were going to spend on malaria about the crisis that we confront, act in the dead of night last night and money. about the danger to Americans’ health, today, just as we walk out the door? I don’t condemn them for that, by about the dangers that young children We have not dealt with Zika. We will the way. They just simply were using will be born with microcephaly. not have dealt with Zika. something and they said: This is an ac- Dr. Frieden, the head of our commu- We haven’t acted on the Puerto count that is going to take several nicable disease operation and defense Rican debt. We haven’t acted on a years. We want to deal with malaria force, if you will, says it will cost $10 budget resolution. We haven’t acted on right now. Let’s take some of that million per baby born with the Flint water crisis. We haven’t money. If we have got a problem later, microcephaly; $10 million per child. acted on criminal justice reform. And we will fix it. That does not count the heartache that we haven’t acted on the Voting Rights That is all that is going on here. At will be counted. Act. the end of the day, the amount of re- I want to tell my friend, Mr. COLE— This is a cover vote. Vote ‘‘no.’’ sources that are necessary will be made and he is a dear friend and a good legis- Mr. COLE. Mr. Speaker, I yield my- available. The only difference here is lator—the action you take today belies self such time as I may consume. one side wants to pay for it and not add the representation you have made. Mr. Speaker, I want to reply to my to the national debt. The other side What do I mean by that? very good friend from Maryland, whom really doesn’t think that is a big con- If there is enough money now, as Mr. I have not only great esteem for, but, sideration. That is a debate worth hav- COLE argues, why take this action? frankly, great personal affection for, ing. I don’t mind having that debate.

VerDate Sep 11 2014 00:49 May 27, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.013 H26MYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE May 26, 2016 CONGRESSIONAL RECORD — HOUSE H3279 But we heard the word ‘‘reckless’’ Since the time the Administration trans- Zika and Ebola. As we have seen with both earlier. It is also shameless to exploit a mitted its request, the public health threat Ebola and Zika, there are still many un- crisis for political gain, and I think we posed by the Zika virus has increased. After knowns about the science and scale of the are seeing some of that here today. careful review of existing evidence, sci- outbreak and how it will impact mothers, entists at the Centers for Disease Control babies, and health systems domestically and Some of it is sincere, but some of it is and Prevention (CDC) concluded that the abroad. great theatrics. It doesn’t change the Zika virus is a cause of microcephaly and The Administration is pleased to learn fact that when the President made his other severe fetal brain defects. The Zika that there is bipartisan support for providing request, he has had every dime he has virus has spread in Puerto Rico, American emergency funding to address the Zika cri- needed for that 94 days. Samoa, the U.S. Virgin Islands and abroad. sis, but we remain concerned about the ade- When my friends say the Republican As of April 20, there were 891 confirmed Zika quacy and speed of this response. To properly bill only provides a third of the money, cases in the continental United States and protect the American public, and in par- they somehow forget a third had al- U.S. territories, including 81 pregnant ticular pregnant women and their newborns, women with confirmed cases of Zika. Based Congress must fund the Administration’s re- ready been provided. This is the second on similar experiences with other diseases third. The rest of it will come. The quest of $1.9 billion and find a path forward transmitted by the Aedes aegypti mosquito— to address this public health emergency im- money is to be spent as the administra- believed to be the primary carrier of the mediately. The American people deserve ac- tion requested, not over weeks or days, Zika virus—scientists at the CDC expect tion now. With the summer months fast ap- but over months and years. That is how there could be local transmission within the proaching, we continue to believe that the they have proposed to deploy it. So giv- continental U.S. in the summer months. Up- Zika supplemental should not be considered ing them the money as they need it in- dated estimate range maps show that these as part of the regular appropriations process, stead of writing them a blank check mosquitoes have been found in cities as far as it relates to funding we must receive this north as San Francisco, Kansas City and year in order to most effectively prepare for and not even paying for it ahead of New York City. time seems to us to be the prudent and and mitigate the impact of the virus. In the absence of action from Congress to We urge you to pass free-standing emer- responsible thing to do. address the Zika virus, the Administration gency supplemental funding legislation at Mr. Speaker, I reserve the balance of has taken concrete and aggressive steps to the level requested by the Administration my time. help keep America safe from this growing before Congress leaves town for the Memo- Mr. MCGOVERN. Mr. Speaker, I yield public health threat. The Administration is rial Day recess. We look forward to working myself the balance of my time. working closely with State and local govern- with you to protect the safety and health of Mr. Speaker, Dr. Thomas Frieden, ments to prepare for outbreaks in the conti- all Americans. the Director of the Centers for Disease nental United States and to respond to the Sincerely, current outbreak in Puerto Rico and other Control and Prevention, just recently SHAUN DONOVAN, U.S. territories. We are expanding mosquito Director, The Office of said in response to the way this House control surveillance and laboratory capac- Management and has handled funding for the Zika crisis: ity; developing improved diagnostics as well Budget. ‘‘This is no way to fight an epidemic. as vaccines; supporting affected expectant SUSAN RICE, Three months is an eternity for control mothers, and supporting other Zika response National Security Ad- efforts in Puerto Rico, the U.S. territories, of an outbreak. There is a narrow win- visor. dow of opportunity here and it’s clos- the continental United States, and abroad. ing. Every day that passes makes it These efforts are crucial, but they are costly Mr. MCGOVERN. Mr. Speaker, what harder to stop Zika.’’ and they fall well outside of current agency we are doing here today represents a So whether it is Dr. Frieden, or Dr. appropriations. To meet these immediate failure, a miserable failure. This rep- needs, the Administration conducted a care- resents a failure of this Congress to do Fauci, or any of our Nation’s leading ful examination of existing Ebola balances scientists or medical experts who all everything humanly possible to protect and identified $510 million to redirect to- the people of this country. It is shame- say that what is going on here today is wards Zika response activities. We have also grossly inadequate, my friends on the redirected an additional $79 million from ful. It is unbelievable. other side of the aisle seem to think other activities. This reprogramming, while A rigid, right-wing ideology is trump- that they know more than our sci- necessary, is not without cost. It is particu- ing common sense, is trumping doing entists and medical experts; at least larly painful at a time when state and local what is right, what I think most of my public health departments are already colleagues on the other side of the aisle they have convinced themselves that strained. they know more. understand. While this immediate infusion of resources We need to aggressively fight this Well, they haven’t convinced me and is necessary to enable the Administration to they haven’t convinced the majority of take critical first steps in our response to crisis. And here is the deal: if we don’t the American people who are watching the public health threat posed by Zika, it is get this right, all the talk about fiscal this in disbelief. insufficient. Without significant additional responsibility and controlling the debt This is an emergency. This is a crisis. appropriations this summer, the Nation’s ef- goes out the window because the cost Why aren’t we acting more aggres- forts to comprehensively respond to the dis- of this crisis getting out of control is sively? ease will be severely undermined. In par- astronomical. ticular, the Administration may need to sus- I include in the CONGRESSIONAL Mr. Speaker, my friends on the other pend crucial activities, such as mosquito RECORD a letter to Congress from the side of the aisle can explain away or ra- control and surveillance in the absence of tionalize or justify this inadequate re- Director of the Office of Management emergency supplemental funding. State and and Budget, and our National Security local governments that manage mosquito sponse all they want, but it is reckless Adviser, in which they talk about the control and response operations will not be and irresponsible. importance of multi-year funding, able to hire needed responders to engage in And for the life of me, I can’t under- long-term funding because they have mosquito mitigation efforts. Additionally, stand why on this issue, as we are con- multiyear commitments that they the Administration’s ability to move to the fronted with this health crisis, we all need to make to the private sector in next phase of vaccine development, which can’t come together and do what is requites multi-year commitments from the order to prioritize Zika, in order to de- right. Government to encourage the private sector When it comes to wars halfway velop vaccines and other prevention to to prioritize Zika research and development, protect the American people. could be jeopardized. Without emergency around the world, nobody cares about paying for it; but when it comes to a THE WHITE HOUSE, supplemental funding, the development of Washington, DC, April 26, 2016. faster and more accurate diagnostic tests war to confront a healthcare epidemic, Hon. PAUL D. RYAN, also will be impeded. The Administration crisis, to confront an epidemic, my Speaker, House of Representatives, may not be able to conduct follow up of chil- friends can’t find the money. Washington, DC. dren born to pregnant women with Zika to Please vote ‘‘no’’ on the previous DEAR SPEAKER RYAN: As you are aware, on better understand the range of Zika impacts, question so we can actually have an February 22, the Administration transmitted particularly those health effects that are not amendment to properly fund this. I to Congress its formal request for $1.9 billion evident at birth. The supplemental request is in emergency supplemental funding to ad- also needed to replenish the amounts that we urge my colleagues to vote ‘‘no’’ on the dress the public health threat posed by the are now spending from our Ebola accounts to previous question and ‘‘no’’ on the rule. Zika virus. Sixty-four days have passed since fund Zika-related activities. This will ensure I yield back the balance of my time. this initial request; yet still Congress has we have sufficient contingency funds to ad- Mr. COLE. Mr. Speaker, I yield my- not acted. dress unanticipated needs related to both self the balance of my time.

VerDate Sep 11 2014 00:49 May 27, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.014 H26MYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3280 CONGRESSIONAL RECORD — HOUSE May 26, 2016 I want to respond quickly to some of The material previously referred to or motion and who controls the time for de- my friend’s points, Mr. Speaker, and I by Mr. MCGOVERN is as follows: bate thereon.’’ Clearly, the vote on the previous question want to go back to the essential reality AN AMENDMENT TO H. RES. 751 OFFERED BY on a rule does have substantive policy impli- that we are facing. MR. MCGOVERN cations. It is one of the only available tools Number 1, last year, when the Presi- On page 2, line 4, insert ‘‘as modified by for those who oppose the Republican major- dent asked for $1 billion more for NIH, the amendment specified in section 2 of this ity’s agenda and allows those with alter- we said: That is not enough. We are resolution’’ before the semicolon. native views the opportunity to offer an al- going to give you two. At the end of the resolution, add the fol- ternative plan. lowing new section: Last year the President submitted a Mr. COLE. Mr. Speaker, I yield back SEC.2. The amendment referred to in sec- request for CDC. We looked at it and the balance of my time, and I move the said: You know, it is not enough. You tion 1(a) is as follows: Strike divisions B and C and insert the text of H.R. 5044 as intro- previous question on the resolution. evidently don’t care enough about pub- duced. The SPEAKER pro tempore. The lic health, Mr. President. We are going THE VOTE ON THE PREVIOUS QUESTION: WHAT question is on ordering the previous to spend more money. IT REALLY MEANS question. This year he brought us a request to This vote, the vote on whether to order the The question was taken; and the try and take $1 billion of discretionary previous question on a special rule, is not Speaker pro tempore announced that funding away from NIH. My friends on merely a procedural vote. A vote against or- the ayes appeared to have it. the other side were as appalled as we dering the previous question is a vote Mr. MCGOVERN. Mr. Speaker, on were. We said: No, Mr. President, you against the Republican majority agenda and that I demand the yeas and nays. are not going to take $1 billion out of a vote to allow the Democratic minority to The yeas and nays were ordered. NIH in a dangerous time of disease. We offer an alternative plan. It is a vote about The SPEAKER pro tempore. Pursu- what the House should be debating. are not only going to keep that money ant to clause 8 of rule XX, further pro- there, we are going to put more money, Mr. Clarence Cannon’s Precedents of the House of Representatives (VI, 308–311), de- ceedings on this question will be post- additional money than you asked for. scribes the vote on the previous question on poned. We said the same thing about the the rule as ‘‘a motion to direct or control the f CDC, and so we will do it. consideration of the subject before the House In terms of what has been done, the being made by the Member in charge.’’ To ENERGY AND WATER DEVELOP- minute the Zika virus appeared and the defeat the previous question is to give the MENT AND RELATED AGENCIES administration asked for emergency opposition a chance to decide the subject be- APPROPRIATIONS ACT, 2017 money, HAL ROGERS, the chairman of fore the House. Cannon cites the Speaker’s The SPEAKER pro tempore. Pursu- the committee, responded and said: ruling of January 13, 1920, to the effect that ant to House Resolution 743 and rule ‘‘the refusal of the House to sustain the de- Spend whatever it takes. mand for the previous question passes the XVIII, the Chair declares the House in And, indeed, the administration has control of the resolution to the opposition’’ the Committee of the Whole House on done that. in order to offer an amendment. On March the state of the Union for the further My friends seem to suggest that 15, 1909, a member of the majority party of- consideration of the bill, H.R. 5055. there is something that hasn’t been fered a rule resolution. The House defeated Will the gentleman from Wisconsin done, yet they never tell us what that the previous question and a member of the (Mr. RIBBLE) kindly take the chair. one thing is. opposition rose to a parliamentary inquiry, 1030 The reality is the administration has asking who was entitled to recognition. b had the money to do everything it has Speaker Joseph G. Cannon (R–Illinois) said: IN THE COMMITTEE OF THE WHOLE ‘‘The previous question having been refused, Accordingly, the House resolved wanted to do. This bill provides more the gentleman from New York, Mr. Fitz- money on top of that. Our Senators are gerald, who had asked the gentleman to itself into the Committee of the Whole proposing even more, so we go to con- yield to him for an amendment, is entitled to House on the state of the Union for the ference to figure out the appropriate the first recognition.’’ further consideration of the bill (H.R. amount and whether or not and to The Republican majority may say ‘‘the 5055) making appropriations for energy what degree it should be paid for. I vote on the previous question is simply a and water development and related would hope it is all paid for. It should vote on whether to proceed to an immediate agencies for the fiscal year ending Sep- be because we have the funds to do vote on adopting the resolution . . . [and] tember 30, 2017, and for other purposes, has no substantive legislative or policy im- with Mr. RIBBLE (Acting Chair) in the that. plications whatsoever.’’ But that is not what So to suggest that there is some sort they have always said. Listen to the Repub- chair. of failure of funding is simply not true, lican Leadership Manual on the Legislative The Clerk read the title of the bill. and my friends know it is not true. To Process in the United States House of Rep- The Acting CHAIR. When the Com- suggest that we are not willing to put resentatives, (6th edition, page 135). Here’s mittee of the Whole House rose on May the money here would suggest that re- how the Republicans describe the previous 25, 2016, an amendment offered by the cent history has no relevance, because question vote in their own manual: ‘‘Al- gentleman from Florida (Mr. we have put more money here than the though it is generally not possible to amend DESANTIS) had been disposed of and the President asked us to put, and we have the rule because the majority Member con- bill had been read through 80, line 15. trolling the time will not yield for the pur- committed to put even more going for- pose of offering an amendment, the same re- Mr. SIMPSON. Mr. Speaker, I move ward. sult may be achieved by voting down the pre- that the Committee do now rise and re- The only difference here, and what vious question on the rule . . . When the mo- port the bill back to the House with drives my friends into a frenzy, is that tion for the previous question is defeated, sundry amendments, with the rec- we actually want to pay for this. They control of the time passes to the Member ommendation that the amendments be simply don’t. They think, let’s just put who led the opposition to ordering the pre- agreed to and that the bill, as amend- another $1.9 billion on the national vious question. That Member, because he ed, do pass. credit card. This is a great excuse to do then controls the time, may offer an amend- The motion was agreed to. ment to the rule, or yield for the purpose of Accordingly, the Committee rose; that. amendment.’’ Well, we are not prepared to do that, In Deschler’s Procedure in the U.S. House and the Speaker pro tempore (Mr. but we are prepared to respond to the of Representatives, the subchapter titled LUCAS) having assumed the chair, Mr. legitimate needs of the American peo- ‘‘Amending Special Rules’’ states: ‘‘a refusal RIBBLE Acting Chair of the Committee ple and use the resources that we have. to order the previous question on such a rule of the Whole House on the state of the So, Mr. Speaker, in closing, I agree [a special rule reported from the Committee Union, reported that that Committee, with my colleagues on the other side. on Rules] opens the resolution to amend- having had under consideration the bill We should address the issue. We dis- ment and further debate.’’ (Chapter 21, sec- (H.R. 5055) making appropriations for agree with the other body on how to do tion 21.2) Section 21.3 continues: ‘‘Upon re- energy and water development and re- jection of the motion for the previous ques- it, and we will go on from there. tion on a resolution reported from the Com- lated agencies for the fiscal year end- Mr. Speaker, I look forward to work- mittee on Rules, control shifts to the Mem- ing September 30, 2017, and for other ing with my colleagues in conference ber leading the opposition to the previous purposes, directed him to report the on these important issues. question, who may offer a proper amendment bill back to the House with sundry

VerDate Sep 11 2014 00:49 May 27, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.016 H26MYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE May 26, 2016 CONGRESSIONAL RECORD — HOUSE H3281 amendments adopted in the Committee Shinrikyo—have made serious efforts The SPEAKER pro tempore. The gen- of the Whole, with the recommendation to buy, steal, or otherwise obtain nu- tleman from Idaho is recognized for 5 that the amendments be agreed to and clear weapons in recent years. minutes. that the bill, as amended, do pass. There is clear evidence that ISIL Mr. SIMPSON. Mr. Speaker, H.R. The SPEAKER pro tempore. Under would, if given the opportunity, strive 5055, is a good bill that invests $37.4 bil- House Resolution 743, the previous to do us great harm. After all, it only lion in priorities we can all support— question is ordered. takes a grapefruit-sized amount of national security, critical water re- Is a separate vote demanded on any highly enriched uranium to make a nu- sources, infrastructure projects for our amendment reported from the Com- clear weapon, and there are hundreds districts, and energy independence— mittee of the Whole? If not, the Chair of metric tons of material out there, through an all-of-the-above approach. will put them en gros. some of which is still vulnerable to First and foremost, this legislation is The amendments were agreed to. theft. Now, according to reports, ISIL a defense bill. $19.44 billion out of the The SPEAKER pro tempore. The has been monitoring a senior official of 37.4 billion, or 51 percent, is dedicated question is on the engrossment and a Belgian facility, by way of example, toward our national security. Carrying third reading of the bill. with substantial stocks of highly en- out our Nation’s nuclear deterrence The bill was ordered to be engrossed riched uranium. mission is, in part, the responsibility of and read a third time, and was read the We absolutely cannot assume the the Department of Energy; while DOD third time. risk that the United States would be provides delivery vehicles and opera- MOTION TO RECOMMIT ambushed by a rogue nuclear threat, tors, DOE provides nuclear warheads Mr. LANGEVIN. Mr. Speaker, I have and we must not leave ourselves ex- themselves. a motion to recommit at the desk. posed to a threat that would forever Congress provides funding for this The SPEAKER pro tempore. Is the change our American way of life. While critical defense mission through the gentleman opposed to the bill? we can never protect against every Energy and Water Development Appro- Mr. LANGEVIN. I am opposed to the threat, we can, however, mitigate it by priations bill. As we drafted this bill, bill in its current form. working with our international part- we carefully considered 2,700 Member The SPEAKER pro tempore. The ners, Federal agencies, national labora- requests. This legislation addresses 95 Clerk will report the motion to recom- tories, and the private sector to more percent of those requests in one form mit. quickly secure and eliminate vulner- or another. This included four requests The Clerk read as follows: able nuclear materials. from Democratic Members to fund non- Small investments, such as the ones proliferation programs at the budget Mr. Langevin moves to recommit the bill H.R. 5055 to the Committee on Appropria- offered in this amendment, can yield request level of $1.8 billion, which this tions with instructions to report the same significant national security benefits. bill does. back to the House forthwith with the fol- By moving $20 million into the Defense I agree that nonproliferation is a lowing amendment: Nuclear Nonproliferation account, we critical part of our overall nuclear de- In the ‘‘Defense Nuclear Nonproliferation’’ would ultimately make our country— fense strategy. We need to be doing ev- account on page 53, line 11, after the dollar and the world—a safer place to live. erything we can to keep dangerous nu- amount, insert ‘‘(increased by $20,000,000)’’. Mr. Speaker, Congress has worked clear materials away from rogue na- In the ‘‘Federal Salaries and Expenses’’ ac- across the aisle on this issue many tions and terrorists. Extra funding for count on page 54, line 14, after the dollar times before, and we have seen some DOE nonproliferation programs, how- amount relating to the National Nuclear Se- curity Administration, insert ‘‘(reduced by incredible success stories that have a ever, is not the only way to do this. We $20,000,000)’’. profound impact on the security of our must also provide for a strong defense nuclear materials. capability, and this bill accomplishes The SPEAKER pro tempore. The gen- During the fiscal year 2012 Energy that. tleman from Rhode Island is recognized and Water Development Appropriations While I appreciate the passion for the for 5 minutes. bill, the House approved an amend- nonproliferation and securing these Mr. LANGEVIN. Mr. Speaker, this is ment—by a voice vote, no less—offered materials abroad, I would also like to the final amendment to the bill, which by Congressman FORTENBERRY and see the same passion for securing these would not kill the bill or send it back Congresswoman SA´ NCHEZ to do exactly materials at home. While the prospect to committee. If adopted, the bill will what this motion to recommit seeks to of a terrorist getting hold of nuclear immediately proceed to final passage, do today. materials in the Middle East, Africa, or as amended. Their amendment to increase appro- East Asia is terrifying, the prospect of Mr. Speaker, this amendment is sim- priations for the Global Threat Reduc- them getting ahold of these materials ple. It adds $20 million to nuclear non- tion Initiative under the Defense Nu- in Tennessee, Texas, or California is proliferation accounts so that nuclear clear Nonproliferation account was en- even more so. materials do not fall into the wrong thusiastically supported on both sides In 2012, three peace activists—a drift- hands. of this Chamber, securing an important er, an 82-year-old nun, and a house The possibility that terrorists or bipartisan victory for the international painter—penetrated the exterior of the rogue nations will acquire nuclear effort to secure vulnerable fissile mate- Y–12 National Security Complex in weapons, fissile material, or radio- rial and keeping our Nation safe from Tennessee, supposedly one of the most logical material that could be used in a the threat of nuclear terrorism. secure nuclear facilities in the United dirty bomb are among the gravest Mr. Speaker, this House did not States. If they had been terrorists threats facing our Nation and the cower when faced with this challenge armed with explosives, that scenario international community. back then, and we must not do so would be frightening to imagine. That Right now, luckily—though there today. Let today be another one of is why this funding in this bill is so are, of course, exceptions—these most those bipartisan success stories. Let us critical. dangerous weapons are in the hands of redouble our efforts to prevent the pro- The bill increases funding $30 million responsible actors. We cannot allow liferation and catastrophic abuse of above the request to improve security that dynamic to shift, and we must en- sensitive nuclear materials and tech- at aging nuclear weapons facilities to sure that these weapons never fall into nologies across the globe and here at make sure our own nuclear materials the hands of bad actors who would seek home. are secure on our home soil and address to do us or the rest of the international I beseech my fellow Members, adopt a backlog of $2 billion in security up- community harm. this amendment, keep our Nation safe, grades needed at nuclear weapons fa- However, today, there is more fissile and deny the nuclear terrorists who cilities. material in the world than at any would seek to do us harm their own In a tight fiscal environment, we other time in our history, and the bad success story. need to be making these investments actors are taking notice. According to Mr. Speaker, I yield back the balance at our own nuclear facilities, not several studies conducted at Harvard, of my time. spending American taxpayer dollars to at least two terrorist groups—al Qaeda Mr. SIMPSON. Mr. Speaker, I rise in perform work in Russia’s nuclear fa- and the Japanese terror cult Aum opposition to the motion to recommit. cilities.

VerDate Sep 11 2014 00:49 May 27, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.019 H26MYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3282 CONGRESSIONAL RECORD — HOUSE May 26, 2016 In addition to these investments, the Hastings Lynch Sa´ nchez, Linda Rogers (AL) Shuster Walden bill also continues prohibitions on Heck (WA) Maloney, T. Rogers (KY) Simpson Walker Higgins Carolyn Sanchez, Loretta Rohrabacher Smith (MO) Walorski funding for nonproliferation projects in Himes Maloney, Sean Sarbanes Rokita Smith (NE) Walters, Mimi Russia, which is spending billions of Hinojosa Matsui Schakowsky Rooney (FL) Smith (NJ) Weber (TX) dollars on its own nuclear moderniza- Honda McCollum Schiff Ros-Lehtinen Smith (TX) Webster (FL) Roskam Stefanik Wenstrup tion. Hoyer McDermott Schrader Huffman McGovern Scott (VA) Ross Stewart Westerman In all, this is a fiscally responsible, Israel McNerney Scott, David Rothfus Stivers Westmoreland economically smart, and critically im- Jackson Lee Meeks Serrano Rouzer Stutzman Williams Jeffries Meng Sewell (AL) Royce Thompson (PA) Wilson (SC) portant national security bill. It de- Johnson, E. B. Sherman Russell Thornberry Wittman serves to be passed quickly without Moore Kaptur Moulton Sinema Salmon Tiberi Womack further changes or delays. Keating Murphy (FL) Sires Sanford Tipton Woodall Mr. Speaker, I urge my colleagues to Kelly (IL) Nadler Slaughter Scalise Trott Yoder Schweikert Turner Yoho Kennedy Napolitano Smith (WA) vote against this motion and to sup- Kildee Scott, Austin Upton Young (AK) Neal Speier Kilmer Swalwell (CA) Sensenbrenner Valadao Young (IA) port the underlying bill. Nolan Kind Takano Sessions Wagner Young (IN) Lastly, let me say, Mr. Speaker, I ap- Norcross Kirkpatrick Thompson (CA) Shimkus Walberg Zeldin Pallone preciate every Member of this body, on Kuster Thompson (MS) Pascrell both sides of the aisle, for the 2 days of Langevin Titus NOT VOTING—19 Payne Larsen (WA) Tonko Ca´ rdenas Hanna Rice (NY) debate we have put in for the amend- Pelosi Larson (CT) Torres Castro (TX) Herrera Beutler Takai ments that we have debated and the re- Perlmutter Lawrence Tsongas Cramer Jenkins (KS) Whitfield spectful debate that we have had on a Peters Lee Van Hollen Duffy Johnson (GA) Yarmuth Peterson lot of important issues. It has been a Levin Vargas Fattah Lamborn Zinke good debate, and I look forward to see- Lewis Pingree Veasey Fincher O’Rourke Lieu, Ted Pocan Vela Franks (AZ) Rangel ing my colleagues on the other side of Lipinski Polis Vela´ zquez the aisle who had some of their amend- Loebsack Price (NC) Visclosky ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ments adopted now voting for this bill Lofgren Quigley Walz The SPEAKER pro tempore (during because of the amendments that were Lowenthal Richmond Wasserman the vote). There are 2 minutes remain- Lowey Roybal-Allard Schultz adopted in the Committee of the Lujan Grisham Ruiz Waters, Maxine ing. Whole. (NM) Ruppersberger Watson Coleman So I would urge my colleagues to Luja´ n, Ben Ray Rush Welch b 1103 vote against this motion to recommit (NM) Ryan (OH) Wilson (FL) Messrs. POE of Texas, SHUSTER, and vote for passage of the bill. NAYS—236 and ROHRABACHER changed their vote from ‘‘yea’’ to ‘‘nay.’’ Mr. Speaker, I yield back the balance Abraham Farenthold Lance of my time. Aderholt Fitzpatrick Latta Ms. EDWARDS, Mr. RYAN of Ohio, The SPEAKER pro tempore. Without Allen Fleischmann LoBiondo and Ms. MCCOLLUM changed their objection, the previous question is or- Amash Fleming Long vote from ‘‘nay’’ to ‘‘yea.’’ Amodei Flores Loudermilk dered on the motion to recommit. Babin Forbes Love So the motion to recommit was re- There was no objection. Barletta Fortenberry Lucas jected. The SPEAKER pro tempore. The Barr Foxx Luetkemeyer The result of the vote was announced Barton Frelinghuysen Lummis as above recorded. question is on the motion to recommit. Benishek Garrett MacArthur The question was taken; and the Bilirakis Gibbs Marchant The SPEAKER pro tempore. The Speaker pro tempore announced that Bishop (MI) Gibson Marino question is on the passage of the bill. Bishop (UT) Gohmert Massie Under clause 10 of rule XX, the yeas the ayes appeared to have it. Black Goodlatte McCarthy Mr. SIMPSON. Mr. Speaker, on that Blackburn Gosar McCaul and nays are ordered. I demand the yeas and nays. Blum Gowdy McClintock This will be a 5-minute vote. The yeas and nays were ordered. Bost Granger McHenry The vote was taken by electronic de- Boustany Graves (GA) McKinley vice, and there were—yeas 112, nays The SPEAKER pro tempore. Pursu- Brady (TX) Graves (LA) McMorris ant to clause 8 and clause 9 of rule XX, Brat Graves (MO) Rodgers 305, not voting 16, as follows: this 15-minute vote on the motion to Bridenstine Griffith McSally [Roll No. 266] Brooks (AL) Grothman Meadows recommit will be followed by 5-minute Brooks (IN) Guinta Meehan YEAS—112 votes on passage of H.R. 5055; ordering Buchanan Guthrie Messer Ashford Granger Paulsen the previous question on House Resolu- Buck Hardy Mica Barr Green, Gene Peterson tion 751; and adoption of House Resolu- Bucshon Harper Miller (FL) Benishek Grothman Poliquin Burgess Harris Miller (MI) Bishop (UT) Hardy Pompeo tion 751, if ordered. Byrne Hartzler Moolenaar Boustany Hill Price, Tom The vote was taken by electronic de- Calvert Heck (NV) Mooney (WV) Brady (TX) Hunter Reed vice, and there were—yeas 178, nays Carter (GA) Hensarling Mullin Brooks (IN) Hurd (TX) Reichert 236, not voting 19, as follows: Carter (TX) Hice, Jody B. Mulvaney Bucshon Hurt (VA) Renacci Chabot Hill Murphy (PA) Byrne Issa Rigell [Roll No. 265] Chaffetz Holding Neugebauer Calvert Jenkins (WV) Rogers (KY) Clawson (FL) Hudson Newhouse Carter (GA) Johnson (OH) YEAS—178 Rohrabacher Coffman Huelskamp Noem Carter (TX) Jolly Rokita Adams Chu, Judy Dingell Cole Huizenga (MI) Nugent Chaffetz Joyce Rooney (FL) Aguilar Cicilline Doggett Collins (GA) Hultgren Nunes Coffman Katko Ros-Lehtinen Ashford Clark (MA) Doyle, Michael Collins (NY) Cole King (NY) Hunter Olson Royce Bass Clarke (NY) F. Comstock Hurd (TX) Palazzo Collins (NY) Kinzinger (IL) Salmon Beatty Clay Duckworth Conaway Hurt (VA) Palmer Comstock Kline Scalise Becerra Cleaver Edwards Cook Issa Paulsen Cook Knight Schweikert Bera Clyburn Ellison Costa Jenkins (WV) Pearce Costa LaHood Shimkus Beyer Cohen Engel Costello (PA) Johnson (OH) Perry Costello (PA) Lance Simpson Bishop (GA) Connolly Eshoo Crawford Johnson, Sam Pittenger Crenshaw LoBiondo Blumenauer Conyers Esty Crenshaw Jolly Pitts Cuellar Love Smith (NE) Bonamici Cooper Farr Culberson Jones Poe (TX) Culberson Lummis Smith (NJ) Boyle, Brendan Courtney Foster Curbelo (FL) Jordan Poliquin Curbelo (FL) MacArthur Stefanik F. Crowley Frankel (FL) Davis, Rodney Joyce Pompeo Davis, Rodney Massie Stewart Brady (PA) Cuellar Fudge Denham Katko Posey Denham McCarthy Stivers Brown (FL) Cummings Gabbard Dent Kelly (MS) Price, Tom Dent McClintock Thornberry Brownley (CA) Davis (CA) Gallego DeSantis Kelly (PA) Ratcliffe Diaz-Balart McHenry Tiberi Bustos Davis, Danny Garamendi DesJarlais King (IA) Reed Dold McKinley Tipton Butterfield DeFazio Graham Diaz-Balart King (NY) Reichert Donovan McMorris Turner Capps DeGette Grayson Dold Kinzinger (IL) Renacci Emmer (MN) Rodgers Upton Capuano Delaney Green, Al Donovan Kline Ribble Fitzpatrick McSally Valadao Carney DeLauro Green, Gene Duncan (SC) Knight Rice (SC) Foxx Meehan Vela Carson (IN) DelBene Grijalva Duncan (TN) Labrador Rigell Frelinghuysen Messer Walden Cartwright DeSaulnier Gutie´rrez Ellmers (NC) LaHood Roby Gibbs Newhouse Walters, Mimi Castor (FL) Deutch Hahn Emmer (MN) LaMalfa Roe (TN) Gibson Nunes Wilson (SC)

VerDate Sep 11 2014 02:08 May 27, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.020 H26MYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE May 26, 2016 CONGRESSIONAL RECORD — HOUSE H3283 Womack Young (AK) Young (IN) Trott Walker Welch Hunter Miller (FL) Sanford Woodall Young (IA) Zeldin Tsongas Walorski Wenstrup Hurd (TX) Miller (MI) Scalise Van Hollen Walz Westerman Hurt (VA) Moolenaar Schweikert NAYS—305 Vargas Wasserman Westmoreland Issa Mooney (WV) Scott, Austin Veasey Schultz Williams Jenkins (WV) Mullin Sensenbrenner Abraham Franks (AZ) McGovern Vela´ zquez Waters, Maxine Wilson (FL) Johnson (OH) Mulvaney Sessions Adams Fudge McNerney Visclosky Watson Coleman Wittman Johnson, Sam Murphy (PA) Shimkus Aderholt Gabbard Meadows Wagner Weber (TX) Yoder Jolly Neugebauer Shuster Aguilar Gallego Meeks Walberg Webster (FL) Yoho Jones Newhouse Simpson Allen Garamendi Meng Jordan Noem Smith (MO) Amash Garrett Mica NOT VOTING—16 Joyce Nugent Smith (NE) Amodei Gohmert Miller (FL) Ca´ rdenas Hanna Takai Katko Nunes Smith (NJ) Babin Goodlatte Miller (MI) Castro (TX) Herrera Beutler Whitfield Kelly (MS) Olson Smith (TX) Barletta Gosar Moolenaar Cramer Jenkins (KS) Yarmuth Kelly (PA) Palazzo Stefanik Barton Gowdy Mooney (WV) Duffy Lamborn Zinke King (IA) Palmer Stewart Bass Graham Moore Fattah O’Rourke King (NY) Paulsen Stivers Beatty Graves (GA) Moulton Fincher Rice (NY) Kinzinger (IL) Pearce Stutzman Becerra Graves (LA) Mullin Kline Perry Thompson (PA) Bera Graves (MO) Mulvaney b 1112 Knight Pittenger Thornberry Beyer Grayson Murphy (FL) Labrador Pitts Tiberi Bilirakis Green, Al Murphy (PA) So the bill was not passed. LaHood Poe (TX) Tipton Bishop (GA) Griffith Nadler The result of the vote was announced LaMalfa Poliquin Trott Bishop (MI) Grijalva Napolitano Lance Pompeo Turner Black Guinta Neal as above recorded. Latta Posey Upton Blackburn Guthrie Neugebauer A motion to reconsider was laid on LoBiondo Price, Tom Valadao ´ Blum Gutierrez Noem the table. Long Ratcliffe Wagner Blumenauer Hahn Nolan Loudermilk Reed Walberg Bonamici Harper Norcross f Love Reichert Walden Bost Harris Nugent Lucas Renacci Walker Boyle, Brendan Hartzler Olson Luetkemeyer Ribble Walorski F. Hastings Palazzo RELATING TO CONSIDERATION OF Lummis Rice (SC) Walters, Mimi Brady (PA) Heck (NV) Pallone THE SENATE AMENDMENT TO MacArthur Rigell Weber (TX) Brat Heck (WA) Palmer H.R. 2577, TRANSPORTATION, Marchant Roby Webster (FL) Bridenstine Hensarling Pascrell HOUSING AND URBAN DEVELOP- Marino Roe (TN) Wenstrup Brooks (AL) Hice, Jody B. Payne Massie Rogers (AL) Westerman Brown (FL) Higgins Pearce MENT, AND RELATED AGENCIES McCarthy Rogers (KY) Westmoreland Brownley (CA) Himes Pelosi APPROPRIATIONS ACT, 2016 McCaul Rohrabacher Williams Buchanan Hinojosa Perlmutter McClintock Rokita Wilson (SC) Buck Holding Perry The SPEAKER pro tempore. The un- McHenry Rooney (FL) Wittman Burgess Honda Peters finished business is the vote on order- McKinley Ros-Lehtinen Womack Bustos Hoyer Pingree ing the previous question on the reso- McMorris Roskam Woodall Butterfield Hudson Pittenger Rodgers Ross Yoder Capps Huelskamp Pitts lution (H. Res. 751) relating to consid- McSally Rothfus Yoho Capuano Huffman Pocan eration of the Senate amendment to Meadows Rouzer Young (AK) Carney Huizenga (MI) Poe (TX) the bill (H.R. 2577) making appropria- Meehan Royce Young (IA) Carson (IN) Hultgren Polis tions for the Departments of Transpor- Messer Russell Young (IN) Cartwright Israel Posey Mica Salmon Zeldin Castor (FL) Jackson Lee Price (NC) tation, and Housing and Urban Devel- Chabot Jeffries Quigley opment, and related agencies for the NAYS—180 Chu, Judy Johnson (GA) Rangel Adams Doggett Levin Cicilline fiscal year ending September 30, 2016, Johnson, E. B. Ratcliffe Aguilar Doyle, Michael Lewis Clark (MA) and for other purposes, on which the Johnson, Sam Ribble Ashford F. Lieu, Ted Clarke (NY) Jones Rice (SC) yeas and nays were ordered. Bass Duckworth Lipinski Clawson (FL) Jordan Richmond The Clerk read the title of the resolu- Beatty Edwards Loebsack Clay Kaptur Roby Becerra Ellison Lofgren Cleaver tion. Keating Roe (TN) Bera Engel Lowenthal Clyburn Kelly (IL) Rogers (AL) The SPEAKER pro tempore. The Beyer Eshoo Lowey Cohen Kelly (MS) Roskam question is on ordering the previous Bishop (GA) Esty Lujan Grisham Collins (GA) Kelly (PA) Ross Blumenauer Farr (NM) Conaway question. Kennedy Rothfus Bonamici Foster Luja´ n, Ben Ray Connolly This is a 5-minute vote. Kildee Rouzer Boyle, Brendan Frankel (FL) (NM) Conyers Kilmer Roybal-Allard The vote was taken by electronic de- F. Fudge Lynch Cooper Kind Ruiz vice, and there were—yeas 236, nays Brady (PA) Gabbard Maloney, Courtney King (IA) Ruppersberger Brown (FL) Gallego Carolyn Crawford 180, not voting 17, as follows: Kirkpatrick Rush Brownley (CA) Garamendi Maloney, Sean Crowley Kuster Russell [Roll No. 267] Bustos Graham Matsui Cummings Labrador Ryan (OH) Butterfield Grayson McCollum Davis (CA) ´ YEAS—236 LaMalfa Sanchez, Linda Capps Green, Al McDermott Davis, Danny Abraham Chaffetz Fortenberry Langevin T. Capuano Green, Gene McGovern DeFazio Aderholt Clawson (FL) Foxx Larsen (WA) Sanchez, Loretta Carney Grijalva McNerney DeGette Allen Coffman Franks (AZ) Larson (CT) Sanford Carson (IN) Gutie´rrez Meeks Delaney Amash Cole Frelinghuysen Latta Sarbanes Cartwright Hahn Meng DeLauro Amodei Collins (GA) Garrett Lawrence Schakowsky Castor (FL) Hastings Moore DelBene Babin Collins (NY) Gibbs Lee Schiff Chu, Judy Heck (WA) Moulton DeSantis Barletta Comstock Gibson Levin Schrader Cicilline Higgins Murphy (FL) DeSaulnier Barr Conaway Gohmert Lewis Scott (VA) Clark (MA) Himes Nadler DesJarlais Barton Cook Goodlatte Lieu, Ted Scott, Austin Clarke (NY) Hinojosa Napolitano Deutch Benishek Costello (PA) Gosar Lipinski Scott, David Clay Honda Neal Dingell Bilirakis Crawford Gowdy Loebsack Sensenbrenner Cleaver Hoyer Nolan Doggett Bishop (MI) Crenshaw Granger Lofgren Serrano Clyburn Huffman Norcross Doyle, Michael Bishop (UT) Culberson Graves (GA) Long Sessions Cohen Israel Pallone F. Black Curbelo (FL) Graves (LA) Loudermilk Sewell (AL) Connolly Jackson Lee Pascrell Duckworth Blackburn Davis, Rodney Graves (MO) Lowenthal Sherman Conyers Jeffries Payne Duncan (SC) Blum Denham Griffith Lowey Shuster Cooper Johnson (GA) Pelosi Duncan (TN) Bost Dent Grothman Lucas Sinema Costa Johnson, E. B. Perlmutter Edwards Boustany DeSantis Guinta Luetkemeyer Sires Courtney Kaptur Peters Ellison Brady (TX) DesJarlais Guthrie Lujan Grisham Slaughter Crowley Keating Peterson Ellmers (NC) Brat Diaz-Balart Hardy (NM) Smith (MO) Cuellar Kelly (IL) Pingree Engel ´ Bridenstine Dold Harper Lujan, Ben Ray Smith (TX) Cummings Kennedy Pocan Eshoo Brooks (AL) Donovan Harris (NM) Smith (WA) Davis (CA) Kildee Polis Esty Brooks (IN) Duncan (SC) Hartzler Lynch Speier Davis, Danny Kilmer Price (NC) Farenthold Buchanan Duncan (TN) Heck (NV) Maloney, Stutzman DeFazio Kind Quigley Farr Buck Ellmers (NC) Hensarling Carolyn Swalwell (CA) DeGette Kirkpatrick Rangel Fleischmann Bucshon Emmer (MN) Hice, Jody B. Maloney, Sean Takano Delaney Kuster Richmond Fleming Burgess Farenthold Hill Marchant Thompson (CA) DeLauro Langevin Roybal-Allard Flores Byrne Fitzpatrick Holding Marino Thompson (MS) DelBene Larsen (WA) Ruiz Forbes Calvert Fleischmann Hudson Matsui Thompson (PA) DeSaulnier Larson (CT) Ruppersberger Fortenberry Carter (GA) Fleming Huelskamp McCaul Titus Deutch Lawrence Rush Foster Carter (TX) Flores Huizenga (MI) McCollum Tonko Dingell Lee Ryan (OH) Frankel (FL) McDermott Torres Chabot Forbes Hultgren

VerDate Sep 11 2014 02:08 May 27, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A26MY7.007 H26MYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3284 CONGRESSIONAL RECORD — HOUSE May 26, 2016 Sa´ nchez, Linda Sires Veasey McSally Renacci Stewart NOT VOTING—20 T. Slaughter Vela Meadows Ribble Stivers Ca´ rdenas Garrett Simpson Sanchez, Loretta Smith (WA) Vela´ zquez Meehan Rice (SC) Stutzman Castro (TX) Hanna Takai Sarbanes Speier Messer Rigell Thompson (PA) Visclosky Cramer Herrera Beutler Schakowsky Swalwell (CA) Thompson (MS) Walz Mica Roby Thornberry Duffy Jenkins (KS) Schiff Takano Whitfield Wasserman Miller (FL) Roe (TN) Tiberi Eshoo Lamborn Schrader Thompson (CA) Yarmuth Schultz Miller (MI) Rogers (AL) Tipton Fattah O’Rourke Scott (VA) Titus Zinke Waters, Maxine Moolenaar Rogers (KY) Trott Fincher Rice (NY) Scott, David Tonko Watson Coleman Mooney (WV) Rohrabacher Turner Serrano Torres Welch Mullin Rokita Upton b 1125 Sewell (AL) Tsongas Wilson (FL) Mulvaney Rooney (FL) Valadao Sherman Van Hollen Murphy (PA) Ros-Lehtinen Wagner So the resolution was agreed to. Sinema Vargas Neugebauer Roskam Walberg The result of the vote was announced NOT VOTING—17 Newhouse Ross Walden as above recorded. Noem Rothfus Walker Ca´ rdenas Hanna Takai A motion to reconsider was laid on Nugent Rouzer Walorski Castro (TX) Herrera Beutler Thompson (MS) Nunes Royce Walters, Mimi the table. Cramer Jenkins (KS) Whitfield Olson Russell Weber (TX) The SPEAKER pro tempore (Ms. ROS- Duffy Lamborn Yarmuth Palazzo Salmon Webster (FL) Fattah O’Rourke LEHTINEN). Pursuant to House Resolu- Zinke Palmer Sanford Wenstrup Fincher Rice (NY) tion 751, the House concurs in the Sen- Paulsen Scalise Westerman ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Pearce Schweikert Westmoreland ate amendment to H.R. 2577, with an The SPEAKER pro tempore (during Perry Scott, Austin Williams amendment. Pittenger Sensenbrenner Wilson (SC) the vote). There are 2 minutes remain- Pitts Sessions Wittman f ing. Poe (TX) Shimkus Womack MOTION TO GO TO CONFERENCE Poliquin Shuster Woodall b 1118 Pompeo Sinema Yoder ON H.R. 2577, TRANSPORTATION, HOUSING AND URBAN DEVELOP- So the previous question was ordered. Posey Smith (MO) Yoho Price, Tom Smith (NE) Young (AK) MENT, AND RELATED AGENCIES The result of the vote was announced Ratcliffe Smith (NJ) Young (IA) APPROPRIATIONS ACT, 2016 as above recorded. Reed Smith (TX) Young (IN) The SPEAKER pro tempore. The Reichert Stefanik Zeldin Mr. ROGERS of Kentucky. Madam Speaker, pursuant to House Resolution question is on the resolution. NOES—180 The question was taken; and the 751, I have a motion at the desk. Speaker pro tempore announced that Adams Fudge Murphy (FL) The SPEAKER pro tempore. The Aguilar Gabbard Nadler Clerk will report the motion. the ayes appeared to have it. Amash Gallego Napolitano RECORDED VOTE Ashford Garamendi Neal The Clerk read as follows: Bass Graham Nolan Mr. MCGOVERN. Mr. Speaker, I de- Mr. Rogers of Kentucky moves that the Beatty Grayson Norcross House insist on its amendment to the Senate mand a recorded vote. Becerra Green, Al Pallone Bera Green, Gene amendment to H.R. 2577 and request a con- A recorded vote was ordered. Pascrell ference with the Senate thereon. Beyer Grijalva Payne The SPEAKER pro tempore. This ´ Bishop (GA) Gutierrez Pelosi The SPEAKER pro tempore. The gen- will be a 5-minute vote. Blumenauer Hahn Perlmutter Bonamici Hastings tleman from Kentucky is recognized The vote was taken by electronic de- Peters Boyle, Brendan Heck (WA) for 1 hour. vice, and there were—ayes 233, noes 180, Peterson F. Higgins Mr. ROGERS of Kentucky. Madam not voting 20, as follows: Pingree Brady (PA) Himes Speaker, I rise today on the motion to [Roll No. 268] Brooks (AL) Hinojosa Pocan Brown (FL) Honda Polis go to conference on the House amend- AYES—233 Brownley (CA) Hoyer Price (NC) ment to the Senate amendment to H.R. Abraham Denham Huelskamp Bustos Huffman Quigley 2577, which was originally the fiscal Aderholt Dent Huizenga (MI) Butterfield Israel Rangel Allen DeSantis Hultgren Capps Jackson Lee Richmond year 2016 Transportation-HUD Appro- Amodei DesJarlais Hunter Capuano Jeffries Roybal-Allard priations Act. Babin Diaz-Balart Hurd (TX) Carney Johnson (GA) Ruiz As amended, the legislation now con- Barletta Dold Hurt (VA) Carson (IN) Johnson, E. B. Ruppersberger tains H.R. 4974, the House-passed Mili- Barr Donovan Issa Cartwright Kaptur Rush Barton Duncan (SC) Jenkins (WV) Castor (FL) Keating Ryan (OH) tary Construction and Veterans Affairs Benishek Duncan (TN) Johnson (OH) Chu, Judy Kelly (IL) Sa´ nchez, Linda Appropriations bill of 2017; H.R. 5243, Bilirakis Ellmers (NC) Johnson, Sam Cicilline Kennedy T. the Zika Response Appropriations Act; Bishop (MI) Emmer (MN) Jolly Clark (MA) Kildee Sanchez, Loretta and H.R. 897, the Zika Vector Control Bishop (UT) Farenthold Jones Clarke (NY) Kilmer Sarbanes Black Fitzpatrick Jordan Clay Kind Schakowsky Act. Blackburn Fleischmann Joyce Cleaver Kirkpatrick Schiff Madam Speaker, this is a good pack- Blum Fleming Katko Clyburn Kuster Schrader age of bills that will ensure the care of Bost Flores Kelly (MS) Cohen Langevin Scott (VA) our veterans, provide needed resources Boustany Forbes Kelly (PA) Connolly Larsen (WA) Scott, David Brady (TX) Fortenberry King (IA) Conyers Larson (CT) Serrano for our troops and their families, and Brat Foxx King (NY) Cooper Lawrence Sewell (AL) allow for responsible, ample funding Bridenstine Franks (AZ) Kinzinger (IL) Costa Lee Sherman Brooks (IN) Frelinghuysen Kline Courtney Levin and authorities to fight the spread of Sires the Zika virus. Buchanan Gibbs Knight Crowley Lewis Slaughter Buck Gibson Labrador Cuellar Lieu, Ted Smith (WA) I urge my colleagues to support this Bucshon Gohmert LaHood Cummings Lipinski Speier motion so that a conference committee Burgess Goodlatte LaMalfa Davis (CA) Loebsack Swalwell (CA) Byrne Gosar Lance Davis, Danny Lofgren with the Senate can begin in short Takano Calvert Gowdy Latta DeFazio Lowenthal order and so that Congress can come to Thompson (CA) Carter (GA) Granger LoBiondo DeGette Lowey a final resolution on this critical legis- Carter (TX) Graves (GA) Long Delaney Lujan Grisham Titus Chabot Graves (LA) Loudermilk DeLauro (NM) Tonko lation. Chaffetz Graves (MO) Love DelBene Luja´ n, Ben Ray Torres I yield back the balance of my time. Clawson (FL) Griffith Lucas DeSaulnier (NM) Tsongas The SPEAKER pro tempore. Without Van Hollen Coffman Grothman Luetkemeyer Deutch Lynch objection, the previous question is or- Cole Guinta Lummis Dingell Maloney, Vargas Collins (GA) Guthrie MacArthur Doggett Carolyn Veasey dered on the motion. Collins (NY) Hardy Marchant Doyle, Michael Maloney, Sean Vela There was no objection. Comstock Harper Marino F. Matsui Vela´ zquez The SPEAKER pro tempore. The Conaway Harris Massie Duckworth McCollum Visclosky Cook Hartzler McCarthy Edwards McDermott Walz question is on the motion offered by Costello (PA) Heck (NV) McCaul Ellison McGovern Wasserman the gentleman from Kentucky (Mr. Crawford Hensarling McClintock Engel McNerney Schultz ROGERS). Crenshaw Hice, Jody B. McHenry Esty Meeks Waters, Maxine The motion was agreed to. Culberson Hill McKinley Farr Meng Watson Coleman Curbelo (FL) Holding McMorris Foster Moore Welch A motion to reconsider was laid on Davis, Rodney Hudson Rodgers Frankel (FL) Moulton Wilson (FL) the table.

VerDate Sep 11 2014 05:18 May 27, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A26MY7.008 H26MYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE May 26, 2016 CONGRESSIONAL RECORD — HOUSE H3285 b 1130 vision A, and Division D of the House minute and to revise and extend his re- APPOINTMENT OF CONFEREES ON amendment, and modifications com- marks.) Mr. LANGEVIN. Madam Speaker, H.R. 2577, TRANSPORTATION, mitted to conference: Messrs. SMITH of this week I was thrilled to participate HOUSING AND URBAN DEVELOP- Texas, WEBER of Texas, and Ms. EDDIE in the fifth annual Foster Youth Shad- MENT, AND RELATED AGENCIES BERNICE JOHNSON of Texas. ow Day. APPROPRIATIONS ACT, 2016 From the Committee on Transpor- tation and Infrastructure for consider- It was truly an honor to host Randy The SPEAKER pro tempore. Without ation of sections 1005, 1006, 1010, 1014, Colon, a young man from my home objection, the Chair appoints the fol- 1016–1019, 1022, 3001, 4724, title VII, and State of Rhode Island, as my shadow. lowing conferees on H.R. 2577: section 10331 of the Senate bill and sec- He is a bright young man full of poten- Mr. ROGERS of Kentucky, Ms. tions 2007, 3116, 3117, and 3141 of Divi- tial despite the many challenges he has GRANGER, Messrs. COLE, DENT, FORTEN- sion A, and title IX of Division B, sub- faced. Randy is now studying to be- BERRY, ROONEY of Florida, VALADAO, title D of title II of Division C of the come a veterinarian while working full Mrs. ROBY, Mrs. LOWEY, Ms. DELAURO, House amendment, and modifications time. Unfortunately, success stories Messrs. SERRANO, BISHOP of Georgia, committed to conference: Messrs. like his are all too rare, and we need to and Ms. WASSERMAN SCHULTZ. HARDY, ZELDIN, and DEFAZIO. make sure that every child has the op- There was no objection. There was no objection. portunity to reach his or her full po- f f tential. This week I introduced the All Kids APPOINTMENT OF CONFEREES ON THE JOURNAL Matter Act, which directs funds to help S. 2012, ENERGY POLICY MOD- The SPEAKER pro tempore (Mrs. children and families avoid the trauma ERNIZATION ACT OF 2016 COMSTOCK). Pursuant to clause 8 of rule of foster care placements in the first The SPEAKER pro tempore. Without XX, the unfinished business is the place and promotes family unity and objection, the Chair appoints the fol- question on agreeing to the Speaker’s stability. lowing conferees on S. 2012: approval of the Journal, which the I would like to thank the gentle- From the Committee on Energy and Chair will put de novo. woman from California (Ms. BASS) for Commerce, for the consideration of the The question is on the Speaker’s ap- organizing Foster Youth Shadow Day, Senate bill and the House amendment, proval of the Journal. and I urge all of my colleagues to join and modifications committed to con- Pursuant to clause 1, rule I, the Jour- us in this endeavor next year. ference: Messrs. UPTON, BARTON, WHIT- nal stands approved. f FIELD, SHIMKUS, LATTA, Mrs. MCMORRIS f MEMORIAL DAY RODGERS, Messrs. OLSON, MCKINLEY, HOUR OF MEETING ON TOMORROW POMPEO, GRIFFITH, JOHNSON of Ohio, (Mr. ROTHFUS asked and was given FLORES, MULLIN, PALLONE, RUSH, Mrs. Mr. WESTERMAN. Madam Speaker, permission to address the House for 1 CAPPS, Mses. MATSUI, CASTOR of Flor- I ask unanimous consent that when the minute and to revise and extend his re- ida, Messrs. SARBANES, WELCH, BEN House adjourns today, it adjourn to marks.) RAY LUJA´ N of New Mexico, TONKO, and meet at 10 a.m. tomorrow. Mr. ROTHFUS. Madam Speaker, as LOEBSACK. The SPEAKER pro tempore. Is there we approach Memorial Day weekend, From the Committee on Agriculture, objection to the request of the gen- we learn from the Book of Wisdom that for consideration of sections 3017, 3305, tleman from Arkansas? ‘‘the souls of the just are in the hand of 4501, 4502, 5002, part II of subtitle C of There was no objection. God, and no torment shall touch title X, and section 10233 of the Senate f them.’’ bill, and sections 1116 and 5013 of Divi- They seemed, in the view of the fool- CELEBRATING THE LEAGUE ish, to be dead; and their passing away sion A, Division B, and sections 1031, AGAINST CANCER 1032, 1035–1037, subtitle K of title I, sec- was thought an affliction; and their (Ms. ROS-LEHTINEN asked and was going forth from us, utter destruction. tion 2013, subtitles F, M, and Q of title given permission to address the House II, and title XXV of Division C of the But they are in peace. for 1 minute and to revise and extend ‘‘For if before men, indeed, they be House amendment, and modifications her remarks.) punished, yet is their hope full of im- committed to conference: Messrs. CON- Ms. ROS-LEHTINEN. Madam Speak- mortality; Chastised a little, they shall AWAY, THOMPSON of Pennsylvania, and er, today I rise to support La Liga be greatly blessed, because God tried PETERSON. Contra El Cancer—the League Against them and found them worthy of him- From the Committee on Natural Re- Cancer—and celebrate its 41st year of self. sources, for consideration of sections service. ‘‘As gold in the furnace, he proved 2308, 3001, part II of title II, 3017, 3104, The League Against Cancer was them, and as sacrificial offerings he 3109, 3201, 3301–3306, 3308–3312, 4006, 4401, founded in Miami in 1975 and provides took them to himself. In the time of 4403, 4405, 4407, 4410, 4412–4414, title V, free medical care for children and their visitation they shall shine, and section 6001, subtitle A of title VI, sec- adults who have no financial means to shall dart about as sparks through tion 6202, title VIII, title IX, subtitles combat their cancers. The league relies stubble; A, B, and C of title X, parts I, II, III, on doctors who volunteer their time to They shall judge nations and rule and IV of subtitle D of title X, and sec- perform screenings and medical proce- over peoples, and the Lord shall be tions 10341 and 10345 of the Senate bill, dures. their King forever. Those who trust in and sections 1115 and 1116 of Division A, Since its founding, more than 60,000 Him shall understand truth, and the Division B, and Division C of the House people from 50 different countries have faithful shall abide with Him in love: amendment, and modifications com- been served by La Liga Contra El Can- Because grace and mercy are with His mitted to conference: Messrs. BISHOP of cer. The league’s annual tele-marathon holy ones, and His care is with the Utah, YOUNG of Alaska, Mrs. LUMMIS, will take place this Saturday, June 4, elect.’’ Messrs. DENHAM, WESTERMAN, GRI- at the Miami-Dade County Fair- As we gather with our families this JALVA, HUFFMAN, and Mrs. DINGELL. grounds. Memorial Day weekend, let us always From the Committee on Science, I encourage all south Floridians to be mindful of those who gave their Space, and Technology for consider- take note of the great work that the lives for our country. May God bless ation of sections 1014, 1201, 1203, 1301– League Against Cancer has accom- them and their families always. 1304, 1306–1308, 1310, 1311, 2002, 2301, 2401, plished for our community and con- f part III of subtitle A of title III, sec- sider supporting their mission. LOOKING FORWARD TO ELECTION tions 3101, 3302, 3307, 3402, 3403, 3501, f 3502, 4001, 4002, 4006, 4101, subtitle C of SEASON title IV, sections 4402, 4404, 4406, 4720, FOSTER YOUTH SHADOW DAY (Ms. JACKSON LEE asked and was 4721, 4727, 4728, and 4737 of the Senate (Mr. LANGEVIN asked and was given given permission to address the House bill, and section 1109 of title VII of Di- permission to address the House for 1 for 1 minute.)

VerDate Sep 11 2014 02:08 May 27, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.031 H26MYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3286 CONGRESSIONAL RECORD — HOUSE May 26, 2016 Ms. JACKSON LEE. Madam Speaker, And that is just the way it is. ment finding problems in every solu- during this season when the American f tion. people are selecting the next Com- Now is not the time to nit-pick poli- mander in Chief, I would like to offer REMOVAL OF NAME OF MEMBER cies for politically charged reasons. that this is a time to discuss the issues AS COSPONSOR OF H. RES. 752 The Zika virus is a public health emer- of economic opportunity, a time for Ms. LEE. Madam Speaker, I ask gency that deserves our immediate at- discussion of furthering health care, unanimous consent to remove my tention. and working to create jobs for the name as a cosponsor of H. Res. 752. This is close to home for me. My American people. This is not the time The SPEAKER pro tempore. Is there youngest daughter is in her first tri- for the presumptive nominee of the Re- objection to the request of the gentle- mester with her third child. We need an publican Party to call for debates that woman from California? all-hands-on-deck approach to deal are frivolous and for entertainment. There was no objection. with Zika. We cannot let it get caught We in the United States Congress up in Washington politics. f have to do our jobs. We need to confirm With the summer months approach- the next United States Supreme Court HIGHLIGHTING ASIAN PACIFIC ing rapidly, we need to harness our re- Justice. The Senate needs to do its job AMERICAN HERITAGE MONTH sources and wipe out this virus. I would under the Constitution. We need to AND THE HARMFUL IMPACT OF hope that we can all agree that the pass $1.9 billion for the Zika virus be- POVERTY ON THE COMMUNITY Federal Government should not be cause right now 200-plus pregnant (Ms. LEE asked and was given per- making it harder for people to kill women are infected with the Zika virus mission to address the House for 1 mosquitoes, which could be carrying here in the United States of America, minute.) Zika, with pesticides. and one child born with the impact of Ms. LEE. Madam Speaker, I rise I strongly support this legislation, brain damage, no brain, will cost us $10 today to commemorate Asian Pacific and I encourage the administration to million, $1 million a year. Islander Heritage Month, but also to change their position on this legisla- It is time now that we respond in a highlight the harmful impact of pov- tion. The public’s health deserves it. responsible manner, and those who are erty on the AAPI community all across f seeking the Presidency of the United our Nation. States must stop the frivolousness and REMEMBERING THOSE WHO KEEP In my home district—the beautiful the downgrading of the Constitution US SAFE East Bay—and across the Nation, the and the denigrating of the people of the (Mr. BENISHEK asked and was given achievements of Asian Pacific Ameri- United States of America. permission to address the House for 1 I look forward to a vigorous debate, cans are front and center. By serving in minute and to revise and extend his re- and I look forward to an election in No- elected office, advocating for equality marks.) vember befitting the American people. and justice, and creating new busi- Mr. BENISHEK. Madam Speaker, nesses, they are an integral part of our f today I rise in celebration of our serv- vibrant community. icemen and -women, past and present. IN MEMORY OF MS. JANE But far too many Asian Pacific With Memorial Day right around the MAHARAM Americans are just making ends meet. corner, there is no better time to re- (Mr. POE of Texas asked and was It is a struggle, and the American member the people who have kept our given permission to address the House Dream seems far out of reach. The sad Nation safe. for 1 minute and to revise and extend reality is that in 2016, poverty rates for Yesterday I was proud to welcome a his remarks.) Asian Americans is over 12 percent. UP Honor Flight of veterans to the Mr. POE of Texas. Madam Speaker, And this problem is getting worse. World War II Memorial and thank Jane Maharam was, above all, a sur- Since the Great Recession, the AAPI them for their service. I am always vivor. She always rose above adversity. community has had one of the fastest deeply touched by the joy and humility She was a teacher, a music producer, a growing poverty rates in the Nation. I see on their faces as they visit the textile owner, a mother, a grand- There are also enormous disparities memorials erected in their honor. mother. She was happily married to in healthcare access, treatment, and Memorial Day is when we remember her childhood sweetheart, but 31 years outcomes for the AAPI community. the heroes America has lost defending after her marriage, her husband took Too many Asian Pacific Americans our freedoms and thank the families off in the darkness of the night with still lack the fundamental human right that have borne the brunt of that pain- the property. that is health care. ful loss. After a 15-year court battle, her ex- As chair of the Democratic Whip One of the best ways we honor those husband was ordered to return her as- Task Force on Poverty, Income In- we have lost is to care for those that sets, but instead of following the court equality, and Opportunity, I will con- came home. We have made progress at order, he snuck off again, hiding in an- tinue to fight to help all hardworking the VA, but we can do better. Our vet- other State. Jane was left with noth- Americans—all hardworking Ameri- erans deserve better. I am committed ing. She was forced to rely on public cans—including the Asian Pacific to breaking down the barriers to high- assistance. American community, achieve the quality veterans’ health care. There are many spouses like Jane American Dream. To all our veterans and servicemem- who find themselves victims of this in- f bers, on behalf of all the citizens of justice. Jane’s Law provides Federal Michigan’s First District, I say thank enforcement to retrieve stolen marital b 1145 you. We remain forever in your debt. property that is illegally taken across ZIKA VECTOR ACT f State lines. It targets stealing spouses who have deliberately evaded payment. (Mr. ALLEN asked and was given B’NAI ISRAEL 150TH ANNIVERSARY Jane’s motto, though, was: Don’t give permission to address the House for 1 (Mr. HILL asked and was given per- up. minute and to revise and extend his re- mission to address the House for 1 Her passion drove me and the gen- marks.) minute and to revise and extend his re- tleman from Tennessee (Mr. COHEN) Mr. ALLEN. Madam Speaker, I rise marks.) along with a number of other House today to commend my colleagues for Mr. HILL. Madam Speaker, I rise to Members to champion Jane’s Law. passing H.R. 897, the Zika Vector Act. congratulate the Congregation B’nai Jane Maharam died recently on April This legislation works to remove du- Israel on its 150th anniversary in Little 28, 2016, at the age of 85. She was a plicative and costly permitting re- Rock. strong-spirited woman but, Madam quirements that create barriers to Established at the close of the Civil Speaker, she died without justice. To fighting the Zika virus, barriers put in War, B’nai Israel was founded by Jew- honor her memory, we must pass place by one of America’s most polit- ish immigrants in the United States. Jane’s Law to rectify this injustice ical agencies, the EPA. It is another Over the past decades, Jewish immi- that she had to live through. classic example of the Federal Govern- grants have enhanced our State and

VerDate Sep 11 2014 02:08 May 27, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.032 H26MYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE May 26, 2016 CONGRESSIONAL RECORD — HOUSE H3287 our Nation, including the first Jewish and then continued his work in mining ficiency, and the fact that they never Federal judge in the United States, for the rest of his life. He was a mentor say no to anyone. Judge Jacob Trieber. to so many in the coal community who Our VA right now is a national dis- B’nai Israel was a founding member remember him as a friend and as a grace. Despite Congress passing numer- of the Union for Reform Judaism and is brother. ous reform laws giving the VA vir- the home for Reform Judaism in cen- Ben cared deeply about giving back, tually everything they ask for, includ- tral Arkansas. The congregation has a donating anonymously to many char- ing billions of dollars in appropria- strong link to the American civil ities and causes. He was also a man of tions, our veterans are still waiting for rights movement and has embraced di- deep faith, attending River Ridge the health care they earned. versity and inclusiveness in actions Church and supporting the Ambassador Madam Speaker, it is absolutely im- and words. Christian Academy in Williamson. perative that the VA learn from Dis- In the heart of Little Rock, B’nai Ben lived for his family. For more ney. We have to get the President and Israel’s current temple building has than 12 years, he stood by his wife the Secretary of the VA to deal with been a beacon for Jewish faith and em- Debbie as she battled cancer. You this national disgrace. Americans, our powerment in Arkansas for over 40 might say he never left her side and veterans especially, deserve better. years. was with her to the very end, where she f I would like to extend my congratu- lay waiting for him. MEMORIAL DAY lations to Congregation B’nai Israel I send my prayers to his children, his (Mr. LAMALFA asked and was given and wish it much continued success for mother, his brothers and sisters, and permission to address the House for 1 generations to come. everyone who called him a friend. Ben minute and to revise and extend his re- will be laid to rest this weekend. We f marks.) will miss him. May he rest in peace. MENTAL HEALTH MONTH Mr. LAMALFA. Madam Speaker, we f recognize Memorial Day, this last Mon- (Mr. THOMPSON of Pennsylvania day of May. We remember those who asked and was given permission to ad- INDIANAPOLIS 500 have given their lives in service to our dress the House for 1 minute and to re- (Mr. ROKITA asked and was given Nation’s Armed Forces. vise and extend his remarks.) permission to address the House for 1 Recognition of this sacrifice began Mr. THOMPSON of Pennsylvania. minute and to revise and extend his re- following the bloodiest conflict in our Madam Speaker, I rise in recognition marks.) Nation’s history, the Civil War, and of National Mental Health Month, Mr. ROKITA. Madam Speaker, I rise today remains as significant as ever. which is being observed during the today to recognize a uniquely Hoosier From the Revolutionary War to Op- month of May. event that will be taking place this eration Enduring Freedom in Afghani- According to the National Alliance weekend in honor of those who have stan, from Vietnam to today’s struggle on Mental Illness, or NAMI, approxi- given the ultimate sacrifice. against the tyranny of ISIS, Americans mately one in five adults in the United Every Memorial Day weekend since have dedicated their lives to protecting States, or more than 43 million people, 1911, with the exception of a few years freedom at home and abroad. experience mental illness in any given around World War II, hundreds of thou- As we contemplate this weekend as a year. Mental illness is responsible for sands of race fans have come to Speed- holiday, we also need to remember lost earnings of nearly $200 billion each way, Indiana, and millions more have what this really looks like for those year. tuned in on their TVs and radios to that we are truly remembering. In addition, mood disorders, includ- partake in what has been called the This morning a group of us were able ing major depression and bipolar dis- greatest spectacle in racing, the Indi- to visit Arlington Cemetery and take order, are the third most common anapolis 500. that in and remember that sacrifice as cause of hospitalization in the United This year marks the 100th running of we laid a wreath. It was a unique op- States for both youth and adults be- the 500-mile race and gives another portunity to visit with spouses of those tween the age of 18 and 44 years old. chance for Indiana to showcase our who have fallen and see what it really National Mental Health Month was Hoosier hospitality to the world and all feels like. created to draw awareness to these that our State has to offer. They were grateful not just for our conditions and attention to the efforts Though it is true every weekend visit, but also that people across Amer- to help those who are suffering. As when I head back to my beloved Indi- ica take time to pause and remember someone with a background in the ana, this weekend it will be especially and be grateful for their service and mental health care industry, including wonderful, Madam Speaker, to be back say thank you to those Gold Star fami- 28 years as a therapist, a rehabilitation home again in Indiana. lies whom we will never be able to services manager, and a licensed nurs- f repay. ing home administrator, this is some- Madam Speaker, we ask for God’s TAKE AN EXAMPLE FROM DISNEY thing that is very important to me. blessings on those families. I signed on as a cosponsor to the res- (Mr. FARENTHOLD asked and was f given permission to address the House olution declaring May as Mental COMMUNICATION FROM THE for 1 minute and to revise and extend Health Month and remain committed CLERK OF THE HOUSE to helping improve, through legislation his remarks.) here in Congress, the mental health of Mr. FARENTHOLD. Madam Speaker, The SPEAKER pro tempore laid be- people all across this Nation. I rise today, disgusted that the Sec- fore the House the following commu- nication from the Clerk of the House of f retary of the VA this week compared veterans waiting in line for much-need- Representatives: REMEMBERING BEN HATFIELD ed health care to waiting in line at Dis- OFFICE OF THE CLERK, (Mr. JENKINS of West Virginia ney. People don’t die waiting in line for HOUSE OF REPRESENTATIVES, asked and was given permission to ad- Space Mountain. Washington, DC, May 26, 2016. dress the House for 1 minute and to re- The Secretary said: We care about Hon. PAUL D. RYAN, The Speaker, House of Representatives, vise and extend his remarks.) the overall experience, like Disney Washington, DC. Mr. JENKINS of West Virginia. does, not the specifics. Well, guess DEAR MR. SPEAKER: Pursuant to the per- Madam Speaker, I rise today with a what. Disney cares about wait time. In mission granted in Clause 2(h) of Rule II of heavy heart and with profound sadness fact, there is an app for that. I can get the Rules of the U.S. House of Representa- to remember West Virginian Ben Hat- on my phone right now and tell you it tives, the Clerk received the following mes- field, who we tragically lost last Sun- takes 90 minutes to get on Space sage from the Secretary of the Senate on day. Mountain in Florida. May 26, 2016 at 8:52 a.m.: That the Senate agreed to S.J. Res. 28. Born and raised in Williamson, Ben The VA needs to take an example With best wishes, I am, knew the value of hard work. He went from Disney. They are legendary for Sincerely, into the mines to help pay for college their customer service, cleanliness, ef- KAREN L. HAAS.

VerDate Sep 11 2014 02:08 May 27, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.034 H26MYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3288 CONGRESSIONAL RECORD — HOUSE May 26, 2016 RESIGNATION AS MEMBER OF More than 2,000 Federal Government In the last 50 years, we have seen the PERMANENT SELECT COM- contracts a year are awarded to reli- Constitution used by these ideologues MITTEE ON INTELLIGENCE gious organizations and contractors to kill American children in the womb, The Speaker laid before the House that provide essential services in many eliminate family structure, elevate be- the following resignation as a member vital programs. Now many of these havior over belief, redefine marriage, of the Permanent Select Committee on services are being impacted due to con- and assault into silence and inaction Intelligence: flicting, ambiguous executive guid- any who may oppose them. Not satis- ance. fied, we see them without rest on their CONGRESS OF THE UNITED STATES, Here are some examples: HOUSE OF REPRESENTATIVES, quest to eliminate free exercise of faith Chaplain services. Multiple organiza- in the United States. Washington, DC, May 26, 2016. tions provide chaplains and related Hon. PAUL D. RYAN, services to the military and other gov- Do we really want a Nation without Speaker of the House, God? Washington, DC. ernment agencies. DEAR SPEAKER RYAN: I, Luis V. Gutie´rrez, b 1200 They would call it progress, yet our am submitting my resignation from the Per- Chaplains have faced significant reli- conscience knows differently. The manent Select Committee on Intelligence ef- Apostle Paul explains why when he fective immediately. gious liberty challenges in pursuing It has been a privilege and honor to have contracts with religious education di- said this: served the last three Congresses on this rectories, youth ministers, musicians, For the wrath of God is revealed from Committee, whose work and service is abso- and other religious service providers Heaven against all ungodliness and unright- lutely vital to the security of the United who adhere to the teachings of their eousness of men who suppress the truth in States and whose oversight over the Depart- particular faith. Without protecting unrighteousness, because what may be ment of Defense and the intelligence commu- known of God is manifest in them, for God nity safeguards the civil liberties and safety free exercise of religion, chaplains have been forced to hire people that work di- has shown it to them. For since the creation of all Americans. of the world, His invisible attributes are Stepping down from the Committee will rectly against their teachings, tenets, clearly seen, being understood by the things allow me to commit more time and energy to and faith. This is a clear violation of that are made, even His eternal power and other priority issues of my constituents, as the First Amendment. Godhead, so that they are without excuse, well as allow another one of our colleagues Here is another example: refugee because, although they knew God, they did the opportunity to serve on this important service providers. The vast majority of Committee. Serving on the Intelligence not glorify Him as God, nor were thankful, Committee has been one of my greatest hon- refugee and suffering vulnerable popu- but became futile in their thoughts, and ors while in Congress and I am deeply grate- lation relief is done by religious service their foolish hearts were darkened. Pro- ful to have had the chance to serve in this organizations. I have worked with fessing to be wise, they became fools. capacity. many on battlefields in my time as a Therefore, God also gave them up to un- Sincerely, career soldier. cleanness, in the lusts of their hearts, to dis- LUIS V. GUTIE´ RREZ, Because of bad agency guidance, now honor their bodies among themselves, who Member of Congress. these organizations are facing mount- exchanged the truth of God for the lie, and The SPEAKER pro tempore. Without ing liability related to their perform- worshiped and served the creature, rather objection, the resignation is accepted. ance under grants, contracts, and coop- than the Creator. There was no objection. erative agreements. Sadly, when these The Creator, our Nation has always f organizations cannot partner with the been anchored in the Creator, from its RELIGIOUS LIBERTY government, the relief of human suf- inception throughout our history. God The SPEAKER pro tempore. Under fering just goes away, seldom being re- has been the foundation of our Repub- the Speaker’s announced policy of Jan- placed. lic as seen in the sweeping lines of the The groups under assault are often uary 6, 2015, the gentleman from Okla- Declaration of Independence, when it the best—if not the only—organiza- homa (Mr. RUSSELL) is recognized for drove our Founders to proclaim ‘‘the 60 minutes as the designee of the ma- tions able to offer the assistance they separate and equal Station to which jority leader. perform, doing invaluable work to re- the Laws of Nature and Nature’s God Mr. RUSSELL. Madam Speaker, lieve the suffering, aid the returning entitle them, a decent Respect to the since December 15, 1791, nearly 225 combat warrior, assist in the rehabili- Opinions of Mankind requires that they years, our Congress has operated under tation of substance abuse for those not should declare the causes which impel the constitutional requirement to do adjusting well, and many other such them to the Separation. the following. Amendment 1 of the Bill services that have been going on for many decades. ‘‘We hold these Truths to be self-evi- of Rights to the Constitution of the dent, that all Men are created equal, United States of America: To curtail the blatant discrimination ‘‘Congress shall make no law respect- against these groups, I offered a simple that they are endowed by their Creator ing an establishment of religion, or amendment to protect them under ex- with certain unalienable Rights, that prohibiting the free exercise thereof; or isting law which passed in the National among these are Life, Liberty, and the abridging the freedom of speech, or the Defense Authorization, and that exist- Pursuit of Happiness.’’ press; or the right of the people to ing law upheld is the 1964 Civil Rights That life, liberty, and pursuit of hap- peaceably assemble, and to petition the Act and the 1990 Americans with Dis- piness could not be realized without government for a regress of griev- abilities Act. God in our Republic. George Wash- ances.’’ You would have thought I had killed ington spoke for all Americans in his I am saddened, Madam Speaker, that, someone’s mother. Instead of uphold- first inaugural address, that ‘‘No peo- in our current day, the greatest assault ing the Free Exercise Clause of the ple can be bound to acknowledge and on the free exercise of religion is being First Amendment, we have now seen adore the Invisible Hand which con- perpetuated, seemingly, by those most this body continue its assault on faith ducts the affairs of men more than . . . responsible to protect it: those who are in America. It is not enough to level the United States.’’ sworn to uphold the law. accusations of injustice by some. They Worse still, we see our Armed Forces, will not be satisfied until their assaults Our Nation’s survival and prosperity whose singular purpose is to support of intolerance on people of faith in this in the future were understood to be de- and defend the Constitution, now per- country has produced an elimination of pendent upon faith. When Washington petually being used as the vehicle to God in public life in America. left office in the most remarkable, subvert the very document that they We are accused of hatred, called out peaceful transfer of power the world risked their lives to defend. as shameful on this floor, and enjoined had seen, he warned of a future that In a recent example, we have seen ex- to use the whole Constitution to sup- somehow supposed that we could have ecutive guidance with regard to reli- port an opposing view that embodies order and prosperity without faith. In gious corporations, religious associa- behavior, mores, and outcomes that his last address to the Nation, he de- tions, religious educational institu- not only violate our conscience, but clared: tions, and religious societies placed in have been prohibited under the laws of Of all the dispositions and habits which jeopardy. nature and nature’s God. lead to the political prosperity, religion and

VerDate Sep 11 2014 05:18 May 27, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.036 H26MYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE May 26, 2016 CONGRESSIONAL RECORD — HOUSE H3289 morality are indispensable supports. In vain dictates of his own conscience, and rea- holding office; nor otherwise suffer on would that men claim the tribute of patriot- son; and no subject shall be hurt, mo- account of such person’s religious be- ism, who would subvert the great pillars of lested, or restrained, in his person, lib- lief; and that every person shall be free human happiness, these firmest props of the erty, or estate, for worshipping God in to worship God according to the dic- duties of men and citizens. The mere politi- cian, equally with the pious man, ought to the manner and season most agreeable tates of such person’s conscience, and respect and cherish them. And let us with to the dictates of his own conscience; to profess and by argument to main- caution indulge in the supposition that mo- or for his religious profession, senti- tain such person’s opinion in matters rality can be maintained without religion. ments, or persuasion.’’ of religion; and that the same shall in None of the Founders of this country Vermont, article 3: ‘‘That all persons no wise diminish, enlarge, or affect the believed that a governmental connec- have a natural and unalienable right, civil capacity of any person.’’ tion to religion was an evil in itself. to worship Almighty God, according to Pennsylvania, article 1, sections 3 They opposed the establishment of a the dictates of their own consciences and 4: national religion because it could pro- and understandings, as in their opinion ‘‘All men have a natural and indefea- hibit the free exercise of faith but that shall be regulated by the word of God; sible right to worship Almighty God faith would and should be freely exer- and that no person ought to, or of right according to the dictates of their own cised. This same foundational belief ex- can be compelled to attend any reli- consciences; no man can of right be tended to a prohibition of a national gious worship, or erect or support any compelled to attend, erect or support press so that it could express freely, so place of worship, or maintain any min- any place of worship or to maintain people could speak and assemble freely, ister, contrary to the dictates of con- any ministry against his consent; no and that their grievance would not science, nor can any person be justly human authority can, in any case only become known, but redressed. deprived or abridged of any civil right whatever, control or interfere with the This was embodied in the First Amend- as a citizen, on account of religious rights of conscience, and no preference ment of the Bill of Rights. sentiments, or peculiar mode of reli- shall ever be given by any law to any The Framers of our Constitution un- gious worship; and that no authority religious establishments or modes of derstood that restriction on religious can, or ought to be vested in, or as- worship . . . No person who acknowl- conduct should not be from application sumed by, any power whatever, that edges the being of a God and a future of general laws but, rather, should be shall in any case interfere with, or in state of rewards and punishments applied to those laws that target reli- any manner control the rights of con- shall, on account of his religious senti- gion. Laws that ‘‘substantially burden’’ science, in the free exercise of religious ments, be disqualified to hold any of- religion, even if they are generally ap- worship.’’ fice or place of trust or profit under plicable, must be justified as the ‘‘least Massachusetts, part 1, articles II and this Commonwealth.’’ III: ‘‘It is the right as well as the duty restrictive means’’ of achieving a b 1215 ‘‘compelling interest.’’ of all men in society, publicly, and at The same day the Bill of Rights was stated seasons to worship the Supreme New Jersey: Article 1, sections 3–5: introduced, July 13, 1787, this Congress Being, the great Creator and Preserver ‘‘No person shall be deprived of the in- also introduced the Northwest Ordi- of the universe. And no subject shall be estimable privilege of worshipping Al- nance that laid guidelines and instruc- hurt, molested, or restrained, in his mighty God in a manner agreeable to tion on new territory acquired for a fu- person, liberty, or estate, for worship- the dictates of his own conscience; nor ture United States. ping God in the manner and season under any pretense whatever be com- Article 3 of that Ordinance stated: most agreeable to the dictates of his pelled to attend any place of worship ‘‘Religion, and morality, and knowl- own conscience; or for his religious contrary to his faith and judgement; edge, being necessary to good govern- profession or sentiments . . . As the nor shall any person be obliged to pay ment and the happiness of mankind, happiness of a people, and the good tithes, taxes, or other rates for build- schools and the means of education order and preservation of civil govern- ing or repairing any church or church- shall be forever encouraged.’’ ment, essentially depend upon piety, es, place or places of worship, or for the ‘‘Forever be encouraged.’’ Some in religion and morality; and as these maintenance of any minister or min- this body today, Madam Speaker, cannot be generally diffused through a istry, contrary to what he believes to would believe forever stops in 2016 and community, but by the institution of be right or has deliberately and volun- should have stopped much sooner. They the public worship of God, and of public tarily engaged to perform. claim that Congress grants these instructions in piety, religion and mo- ‘‘There shall be no establishment of unalienable rights and uses the powers rality.’’ one religious sect in preference to an- of the government, without the con- Connecticut, article I, section 3: other; no religious or racial test shall sent of the governed, to regulate and ‘‘The exercise and enjoyment of reli- be required as a qualification for any diminish faith and eliminate it from gious profession and worship, without office or public trust. public life. discrimination, shall be free to all per- ‘‘No person shall be denied the enjoy- In 1798, in response to the claim that sons in the state.’’ ment of any civil or military right, nor Congress could regulate First Amend- Rhode Island, article I, section 3: be discriminated against in the exer- ment freedoms without abridging ‘‘Whereas Almighty God hath created cise of any civil or military right, nor them, James Madison condemned it the mind free; and all attempts to in- be segregated in the militia or in the saying: the liberty of conscience and fluence it by temporal punishments or public schools, because of religious the freedom the press were completely burdens, or by civil incapacitations, principles . . .’’ exempted from all congressional au- tend to beget habits of hypocrisy and North Carolina: Article 1, section 13: thority whatever. meanness; and whereas a principal ob- ‘‘All persons have a natural and in- Every constitution of our Thirteen ject to our venerable ancestors, in alienable right to worship Almighty Original States, and all thereafter fol- their migration to this country and God according to the dictates of their lowing their example, understood this their settlement of this state, was, as own consciences, and no human au- and embodied such language in their they expressed it, to hold forth a lively thority shall, in any case whatever, State constitutions, which survive experiment that a flourishing civil control or interfere with the rights of today. state may stand and be maintained conscience.’’ New York, article I, section 3: ‘‘The with full liberty and religious Maryland: Article 36: ‘‘That as it is free exercise and enjoyment of reli- concernments; we, therefore, declare the duty of every man to worship God gious profession and worship, without that no person shall be compelled to in such manner as he thinks most ac- discrimination or preference, shall for- frequent or to support any religious ceptable to Him, all persons are equal- ever be allowed in this State to all hu- worship, place, or ministry whatever, ly entitled to protection in their reli- mankind.’’ except in fulfillment of such person’s gious liberty; wherefore, no person New Hampshire, article 5: ‘‘Every in- voluntary contract; nor enforced, re- ought by any law to be molested in his dividual has a natural and unalienable strained, molested, or burdened in any person or estate, on account of his reli- right to worship God according to the body or goods; nor disqualified from gious persuasion, or profession, or for

VerDate Sep 11 2014 02:08 May 27, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.038 H26MYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3290 CONGRESSIONAL RECORD — HOUSE May 26, 2016 his religious practice . . . nor shall any We have seen discreet behaviors and Speaker’s announced policy of January person, otherwise competent, be private sexual preferences promoted to 6, 2015, the Chair recognizes the gen- deemed incompetent as a witness, or public display while what is constitu- tleman from Texas (Mr. GOHMERT) for juror, on account of his religious belief; tionally guaranteed to be able to ex- 30 minutes. provided, he believes in the existence press—religion—is now being publicly Mr. GOHMERT. Mr. Speaker, it is in- of God, and that under His dispensation prohibited. This Nation, at its highest spiring to hear my friend, Mr. RUSSELL, such person will be held morally ac- level, has taken a position against God. speak such inspiring words. It is inter- countable for his acts, and be rewarded Is it possible, if that be the case, that esting that the book from which he or punished therefor either in this we can form a more perfect union? Can kept quoting is the best-seller book of world or in the world to come.’’ we establish justice absent the giver of all time and also happens to be the Virginia: Article 1, sections 11 and 16: law? Can domestic tranquility be en- most quoted book in U.S. history here ‘‘That religion or the duty which we sured that when we abandon His pre- in both the House and the Senate. owe to our Creator, and the manner of cepts? Can we provide for a common There was a time when most legisla- discharging it, can be directed only by defense absent a mighty fortress and tors felt it was helpful in getting legis- reason and conviction, not by force or an unfailing bulwark? lation passed if they had a verse of violence; and, therefore, all men are How do we promote the general wel- Scripture from the Bible that sup- equally entitled to the free exercise of fare when every American is ported their position. religion, according to the dictates of unanchored, adrift to do what seems Then we arrive at the point today conscience; and that it is the mutual right in his own eyes? Do we suppose where, if someone in Congress makes duty of all to practice Christian for- that we can secure the blessings of lib- the statement in quoting Jesus Himself bearance, love, and charity towards erty without Him? Can those of our when He discussed marriage and di- each other . . . all men shall be free to posterity expect to obtain His blessing vorce and was asked about it, that He, profess and by argument to maintain without acknowledging His existence? God, made male and female. Haven’t their opinions in matters of religion, So, Madam Speaker, like our fore- you read? Don’t you understand He cre- bears, I cannot be silent. My faith di- and the same shall in nowise diminish, ated male and female? rects that I act with love and civility enlarge, or affect their civil capacities So you would have to believe, if you in a gentlemanly manner. As a warrior . . . it shall be left free to every person supported the agenda that was exhib- on battlefields, I have seen the worst to select his religious instructor, and ited today, that Jesus didn’t know that human beings have to offer. what He was talking about because to make his support such private con- But my optimism is secured by eter- God not only created male and female, tract as he shall please.’’ nal hope and everlasting truth. My South Carolina: Article 1, section 2: He created a lot of question marks, conscience speaks to God’s eternal like the cartoon that somebody did of a ‘‘The general assembly shall make no Being. So I am without excuse. His love doctor holding a newborn and the law respecting an establishment of re- and mercy cannot be separated from mother asks, ‘‘What did I have?’’ and ligion or prohibiting the free exercise those that answer His call. thereof . . . ’’ I take solace in the words of Christ the doctor says, ‘‘The baby hasn’t de- Last among them, the State of Geor- when He encourages: ‘‘Blessed are you cided yet.’’ gia: Article 1, section 1, paragraph 4: when they revile and persecute you, We have come so far. We thought we ‘‘No inhabitant of this state shall be and say all kinds of evil against you had advanced so far. Yet, as Solomon molested in person or property or be falsely for My sake. Rejoice and be ex- said: ‘‘There is nothing new under the prohibited from holding any public of- ceedingly glad, for great is your reward sun.’’ I know Justice Ginsburg was fice or trust on account of religious in Heaven, for so they persecuted the talking about same-sex marriage when opinions.’’ prophets who were before you.’’ she said: Well, we just know so much These constitutions are still in effect Like the Founders of our Nation and more now than we used to know. in each of these States today. All speak Framers of our great Constitution, I In some ways—but in the nature of of the exceptions on maintaining the speak with many as a Representative human nature, things haven’t changed. peace and safety of each State. in this august body ‘‘with a firm reli- Things from 3,000 years ago, just as Forever—forever—be encouraged. ance on the protections of Divine Prov- Abraham Lincoln said in quoting That is the way it was phrased. Is that idence, we mutually pledge to each Scripture in his second inaugural, are where we stand today? Shall religious other our Lives, our Fortunes, and our just as true today as they were 3,000 freedom, the hallmark of Columbia’s sacred Honor.’’ years ago or 2,000 years ago. It is why shores, continue to be forever encour- So, Madam Speaker, I will stand with Lincoln quoted them. aged or do we who are so humbly hon- Joshua when he said: ‘‘And if it seems But when we get to the place as a Na- ored to serve in these Chambers now evil to you to serve the Lord, choose tion that truth is not important, every- just step aside and see the indispen- for yourselves this day whom you will thing is relative, and there is no abso- sable supports of religion and morality serve . . . But as for me and my house, lute, unqualified, black-and-white jus- knocked from under our foundation? we will serve the Lord.’’ tice or injustice, then our prisons fill Madam Speaker, I cannot be silent. I stand with the Apostle Paul when up. Since I was 18 years of age, I have he said: ‘‘Putting away falsehood, let You have more people committing pledged to support and defend the Con- each one of you speak truth with his suicide than ever. You have more peo- stitution of this great Republic. I have neighbor, for we are members of one ple using drugs and trying to escape by been moved by conscience and dictates another. For we do not wrestle against using drugs. You have all kinds of to speak out against the coercion of flesh and blood, but against principal- problems in schools and in society. people of faith who are being discrimi- ities, against powers, against the rulers Things are turned upside down because nated against because they merely hold of the darkness of this age, against a society loses its way, says there is no to the laws of nature and nature’s God. spiritual hosts of wickedness in the absolutes and everything is relative. Our institutions, once based on the heavenly places. Therefore take up the But as C.S. Lewis pointed out, what Creator of life, have now appointed whole armor of God, that you may be led him from being an atheist to be- themselves to usurp the authority of able to withstand in the evil day, and lieving in God was in poking fun at God, who is the author of life, mar- having done all, to stand.’’ Christians and saying: Why don’t you riage, and family. The most elemental So I ask America: Who will stand just admit it. Wouldn’t it just be easier sovereign unit, our families, has been with me? to admit that there cannot be a just destroyed by our foolish decisions. Madam Speaker, I yield back the bal- God when there is so much injustice in We are told instead by those of us ance of my time. the world? sworn to uphold the law that murder is f After doing that for years, this bril- not murder, marriage is not marriage, liant man finally realized: If there were and family is not family. We have al- ISSUES OF THE DAY no just God, if there were no absolute- lowed constitutional constructs to kill The SPEAKER pro tempore (Mr. in-the-universe standard of justice and a child and call it a choice. MOONEY of West Virginia). Under the injustice, right and wrong, if that

VerDate Sep 11 2014 05:18 May 27, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.040 H26MYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE May 26, 2016 CONGRESSIONAL RECORD — HOUSE H3291 standard did not exist, then I would give a very light slap on the wrist. So said in the last few days in eliminating have no way of knowing whatsoever Congress came back and said, look, we that our rights were endowed by our that injustice even existed. are going to have to have some sen- Creator. As he illustrated, if a man is blind tencing guidelines and keep judges There was no accident in the first from birth, then he would not ever within these guidelines. There was part of the Bill of Rights, the First know what light was like. If there were nothing wrong with that, as long as Amendment, having to do with reli- no absolute standard of justice in the you give a judge at least some ability gious liberty: ‘‘Congress shall make no universe, we could never know when to discriminate between more serious law respecting an establishment of re- there was injustice. We just wouldn’t and less serious, some ability to use ju- ligion, or prohibiting the free exercise know the difference. dicial decisionmaking. thereof.’’ They knew if that freedom is Over time, we have seen the serious b 1230 abridged in any way, the rest of them crime rates go down. Murders, assaults, will not matter. But there is that standard. And as he rapes, a lot of those numbers have gone Once the government, for example, points out, although some have a more down for some time. They were a result recognizes secular humanism as the of- heightened understanding of justice not of society becoming more lawful ficial religion of the United States, and injustice, of fairness and unfair- and concerned, but actually just en- then it can dictate to people of all ness, and some of those standards dif- forcing the law more strictly. Society faiths exactly what they can believe fer, it doesn’t mean the standards don’t has taken a turn for the worse as we and disbelieve. That is exactly what exist any more than the fact that some have continued to say through the has happened. people can hit a musical note more media, through entertainment, and There is a prior Supreme Court case closely than others. And just because through Congress everything is rel- that, in the footnotes, lists the dif- somebody doesn’t hit it exactly the ative, there are no absolutes. same does not mean the music does not Well, the Founders knew there were ferent religions in the United States. exist. some absolutes. They knew the only Secular humanism was one of them. So we arrive at all these massive way we could ever be considered to Secular humanism does not recognize a problems, and we are told the cure for have rights that government could not creator. the problems of society is if we start take is to make clear that our rights There has been so much misinforma- letting more people out of prison much do not come from the government. The tion and miseducation of our young sooner. And then people misrepresent government is the protector of the people. People were told that Ben and mischaracterize the reason why rights that came from our Creator. Franklin didn’t believe in God. You people are in prison in order to justify Once people decide your rights are have to be totally fraudulent in your having a massive prison break that is given by the government, then obvi- representation of Benjamin Franklin authorized by the President of the ously the government can take them to tell any student that, when he said United States. He is already author- away. But if those rights come from in his own words—which were later il- izing prison breaks from Guantanamo our Creator, as our Founders made lustrated in his own handwriting ex- Bay and is continuing to do that. very clear in the Declaration of Inde- actly what he said when he spoke in There is an article from the National pendence, then the government is sup- 1787, the end of June, to the Constitu- Review by Sean Kennedy this week. posed to protect them and not let any- tional Convention imploring them that The subtitle is, ‘‘The Truth About the one take them away. they needed to be praying—when he Sentencing Reform Act is Scary, and That is why it was a bit heart- told them: Not a Reason to Support It.’’ The title breaking to hear the President say—I We have been going nearly 5 weeks with is, ‘‘Our Prisons Are Crowded Because believe he was in Hawaii, but saying more noes than ayes on virtually every vote. We Have a Lot of Criminals.’’ The arti- this week—oh, no. He was in a foreign How has it happened, sir, that we have not cle points out, ‘‘mandatory minimums country at the time. But he was ex- once thought of humbly applying to the Fa- are for real bad guys.’’ plaining that, in the United States, we ther of Lights to illuminate our under- standings? In the beginning of the contest In Texas, as in many States, we have have these founding documents, and with Great Britain, when we were sensible of what we call ranges of punishment. If they indicate that we are endowed with danger, we had daily prayer in this room for you do something wrong—you commit certain unalienable rights. He went the Divine Protection. Our prayers, sir, were a felony, for example—then, depending ahead and rewrote—actually, omitted— heard, and they were graciously answered. on how serious that has been judged to the most important words of that line He went on and eventually said: be—it could be a State jail felony, a in the Declaration, not where it just third-degree felony, a second-degree said we are endowed with certain I have lived, sir, a long time. felony, or a first-degree felony, being unalienable rights, but we are endowed He was 80 years old. He had gout. He the most serious. Well, actually, a cap- by our Creator. He just failed to men- had arthritis very bad. He was over- ital felony would be the most serious, tion ‘‘endowed by our Creator.’’ Maybe weight. He had trouble getting up and where the death penalty is authorized it bothers him to say that, I don’t down. under certain, very strict conditions. know, but he left it out. And there is He said: But for noncapital, there is a range of the problem: when people who are in And the longer I live, the more convincing punishment. leadership of the government of the proofs I see of this truth: that God governs in For example, a third-degree, min- United States think that they are the the affairs of men. And if a sparrow cannot imum of 2 years, maximum of 10 years; source of their rights. fall to the ground without his notice, is it second-degree, minimum of 2 years, The oral argument in the Little Sis- probable that an empire can rise without his maximum of 20 years; first-degree, ters of the Poor case should have got- aid? We have been assured, Sir, in the sacred minimum of 5 years, maximum of life ten more notoriety than they got be- writings that ‘‘except the Lord build, they or 99 years. cause some of the positions taken by labor in vain that build it.’’ Some say we should not have those President Obama’s attorneys were ab- That is the basis on which this Na- minimums, and certainly not a manda- solutely outrageous. The indications tion was built. We were endowed by our tory minimum that says you can’t go basically were that the government Creator with certain unalienable below this point. For some of us, you can tell, potentially even a church, rights. are saying we have got to get rid of the which religious beliefs you can practice Ben Franklin knew what the Dec- bottom of the range. and which you are not allowed to prac- laration of Independence said. It was But as we saw, and with the cir- tice. The government has that right, Adams who told Jefferson, basically: cumstances that motivated the origi- which would mean those rights didn’t You do the first draft. In essence: You nal sentencing guidelines in Federal come from our Creator; they came are the best writer we have. It was court 30 years or so ago, we had Fed- from the government. So the govern- Adams that Jefferson showed the first eral judges appointed for life, com- ment giveth and the government will draft to, and then they both showed it pletely unaccountable, that would face take away, which makes it very con- to Franklin. Apparently, Franklin some heinous, despicable act, and then sistent with what the President just made some little interlineations. It

VerDate Sep 11 2014 05:18 May 27, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.041 H26MYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3292 CONGRESSIONAL RECORD — HOUSE May 26, 2016 was brought up for debate, and some okay. We have a spaceship that can—as vided more than anyone else—have things were knocked out. Matt Damon did in the movie—plant a turned away from me; so I allowed the He knew exactly what was important colony somewhere. We can have hu- Assyrians to come in and attack and in that Declaration that would stand as mans survive this terrible disaster harm them. I pulled back the hand of the building foundation for this Nation about to befall. protection. for our rights. When that foundation is If you could decide what 40 people Back in those days, the Assyrians cracked, when parts of it are elimi- you would put on the spacecraft who were known as the true fathers of ter- nated, the building on which it stands would save humanity, how many of rorism. They came in and attacked and would no longer stand. That is the kind those would be same-sex couples? did the strange thing of going back to of erosion that has occurred. You are wanting to save humankind Assyria. When the Federal Government of the for posterity—basically, a modern-day God is telling Isaiah: I have given United States can tell the Little Sis- Noah. You have that ability to be a them a warning to turn back to me. ters of the Poor—these incredibly eth- modern-day Noah. You can preserve I know that for 90 days, churches all ical, loving, caring, giving women, who life. over America were packed after 9/11. devoted their lives to helping others, How many same-sex couples would Basically, we saw people say: Never far more than anybody in this city in you take from the animal kingdom and mind, God. We don’t have to worry government—and people in this city from humans to put on the spacecraft anymore. We have got this. God said: They didn’t turn back to would tell them, no, you cannot prac- to perpetuate humanity and the wild- me. I am going to let them go. tice your religious beliefs because we life kingdom? That is why it has been called part of Ten years later, he allowed the As- are secular humanists, and we will tell the natural law, natural law given by syrians to come in and wipe them out. you you cannot believe and practice the Creator; but when we continue to The southern kingdom, where Jeru- what the Bible tells you. abolish the first words of the Bill of salem was, continued to turn away Of course, Moses said it came from Rights—the First Amendment—and we from him. Then, over 100 years later, God. That is why he is right up there as continue to prohibit the free exercise he allowed them to be attacked as a the only full-face image in this whole of religion, we don’t have much longer warning. They didn’t heed the warning. room of lawgivers, considered the to go. Now, they got about 19 years before greatest lawgivers of all time. Moses is Jonathan Cahn has a great book—in- God withdrew his hand of protection the only full-face, because he was con- teresting. The dialogue could be a lit- and allowed the children of Israel to be sidered for most of our history to be tle stronger, but ‘‘The Harbinger,’’ and taken into exile, and the nation of the greatest lawgiver of all time. the more recent one, ‘‘The Mystery of Israel ceased to exist. The northern This is the guy that says it is coming the Shemitah Unlocked,’’ really are kingdom and the southern kingdom of from God, but a man shall leave his thought-provoking even if you are a Judah ceased to exist because they mother and father, a woman shall leave secular humanist. He makes the com- wouldn’t turn back. her home, and the two will become one parison that the United States, just as If Jonathan Cahn is accurate in that flesh. And when Jesus was asked about the Founders said, was founded by the comparison—well, we are beyond 10 it, he said: Haven’t you read? Don’t you grace of God and as an instrument to years since that warning. Maybe people understand? God made them male and bless the world. believe there is a God and believe as female. Even for those who have not recog- our Founders did and as Ben Franklin He didn’t mention question marks. nized the exceptional nature of the said in his talking about the Bible, in These are people we need to love and United States, it is still a fact that you quoting it, and as Jefferson did in the encourage. The diagnostic statistical can’t find nations throughout history quote that is still engraved in his me- manuals for most of existence have that have done what this one has, morial: that he trembles for our coun- pointed out that these are mental dis- where we have sent our best and try when he realizes God is just, but he orders. These are people that we are to brightest and our most valuable com- is not going to remain silent forever— love, encourage, and help every way we modity—American blood, sweat, toil— well, the southern kingdom got 19 can. For among educated, compas- and fought for the freedom of others. years after their warning, and then God sionate people, for our civilized his- We have fought to protect others, not let them go. tory, a man that didn’t know which he just ourselves. You don’t find nations Tough times are upon us. We have a was was pitied, loved, and encouraged. through history that did that. This Na- President who has now got an agenda But educated people said that is basi- tion had because they believed there to release more murderers, killers, hat- cally where the word ’perverse’ is most was a higher power. They believe our ers of America to go forth and continue widely used. rights come from our Creator, and we to kill and murder and hate Americans. Now we have a government that says have an obligation to that same Cre- I mean, I know some people are saying: forget what the Bible says, forget what ator. But it has been 15 years; they have got Moses said, forget what Jesus said This Nation has spread goodness to be released. when he quoted Moses verbatim and around the world despite those who No. The way it has always worked then added, ‘‘What therefore God has would say otherwise. It has happened. among civilized nations when it has joined together, let not man separate.’’ We have been the most generous, chari- come to prisoners of war is, when Even if you don’t believe Jesus was table, helping, loving nation in the his- someone declared war on a nation or on part of the Holy Trinity, as our Found- tory of the world. We have more oppor- a people, and when some of those war- ers did, do you really want to leave tunities and more assets per individual riors were captured, they were held in this life and potentially, whether you than even Solomon’s Israel. We have a civil manner; they were held until believe in a judge, a maker, or not, say, been blessed beyond measure. those at war said: We are no longer at ‘‘Oh, I didn’t think you were serious Jonathan Cahn makes the compari- war. when you said those things about mar- son to the ninth chapter of Isaiah, Then the prisoners were released un- riage’’? where at that point, long after Saul less they had committed war crimes for and long after David and Solomon, we which they could be tried. At any time b 1245 come to 732 B.C. By that time, Israel is in the last 15 years, all of them could I didn’t think you were serious. You divided into two parts—the northern have been released—unless war crimes just weren’t smart enough to know kingdom of Israel and the southern had been committed—if their friends, that he didn’t just create male and fe- kingdom of Judah. The southern king- their allies, had said: Okay. We are the male. I really wonder how many people dom of Judah is where Jerusalem was. Muslim Brotherhood, we are radical in this body who had the ultimate Jonathan Cahn draws the parallel, Islam, and we are no longer at war with power to decide whether humanity which is actually scary when you start the Great Satan, the United States. We would go forward or not, whether there looking at the things that actually are want peace. We won’t be terrorizing was an asteroid coming or something parallel to that time. and attacking you and trying to de- that would end humanity on Earth as God is telling Isaiah: Look, the peo- stroy your way of life anymore. We are dinosaurs were ended at one time— ple whom I have blessed—I have pro- done.

VerDate Sep 11 2014 02:08 May 27, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.043 H26MYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE May 26, 2016 CONGRESSIONAL RECORD — HOUSE H3293 That is when they cease the violence Development, Department of Agriculture, pursuant to 5 U.S.C. 801(a)(1)(A); Public Law against the United States. We can re- transmitting the Department’s Major final 104-121, Sec. 251; (110 Stat. 868); to the Com- lease the prisoners unless war crimes rule — Guaranteed Loanmaking and Serv- mittee on Small Business. have been committed. Then at that icing Regulations (RIN: 0570-AA85) received f May 24, 2016, pursuant to 5 U.S.C. point, as in Nuremberg, you try them 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 REPORTS OF COMMITTEES ON for their war crimes. This President is Stat. 868); to the Committee on Agriculture. PUBLIC BILLS AND RESOLUTIONS jumping the gun. They are still at war. 5504. A letter from the Director, Regu- Muslim leaders in the Middle East latory Management Division, Environmental Under clause 2 of rule XIII, reports of and Africa have asked me: Why is it Protection Agency, transmitting the Agen- committees were delivered to the Clerk you don’t understand that radical cy’s direct final rule — Air Plan Approval; for printing and reference to the proper Islamists, the Muslim Brotherhood, ME; Control of Volatile Organic Compound calendar, as follows: Emissions from Fiberglass Boat Manufac- Mr. HENSARLING: Committee on Finan- have been at war with you since 1979, turing and Surface Coating Facilities [EPA- and you are helping them? Iran is the cial Services. H.R. 4166. A bill to amend the R01-OAR-2015-0801; A-1-FRL-9946-94-Regio n Securities Exchange Act of 1934 to provide greatest supporter of terrorism. You 1] received May 25, 2016, pursuant to 5 U.S.C. specific credit risk retention requirements are helping them more than you are 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 to certain qualifying collateralized loan obli- willing to help us. What is wrong with Stat. 868); to the Committee on Energy and gations; with an amendment (Rept. 114–596). you? Commerce. Referred to the Committee of the Whole The answer is: We have turned away 5505. A letter from the Director, Regu- House on the state of the Union. latory Management Division, Environmental from the Creator, the source of our Mr. HENSARLING: Committee on Finan- Protection Agency, transmitting the Agen- cial Services. H.R. 4620. A bill to amend the rights and our blessings. cy’s final rule — EPAAR Clause for Level of I believe God exists. For those who Securities Exchange Act of 1934 to exempt Effort — Cost-Reimbursement Contract certain commercial real estate loans from think that maybe he does, maybe they [EPA-HQ-OARM-2012-0478; FRL-9946-47- risk retention requirements, and for other are agnostic. OARM] received May 25, 2016, pursuant to 5 purposes (Rept. 114–597). Referred to the If God exists, the question is: Does he U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. Committee of the Whole House on the state love us more than he loved Jerusalem? 251; (110 Stat. 868); to the Committee on En- of the Union. ergy and Commerce. Because, if he doesn’t, it is doubtful 5506. A letter from the Director, Regu- f we have more than 4 or 5 years to go. latory Management Division, Environmental PUBLIC BILLS AND RESOLUTIONS Mr. Speaker, I yield back the balance Protection Agency, transmitting the Agen- of my time. cy’s final rule — Approval and Promulgation Under clause 2 of rule XII, public f of Implementation Plans; State of Cali- bills and resolutions of the following fornia; Revised Format of 40 CFR Part 52 for titles were introduced and severally re- AUTHORIZING THE SPEAKER TO Materials Incorporated by Reference [CA130- ferred, as follows: NBK; FRL-9942-49-Region 9] received May 25, DECLARE A RECESS ON WEDNES- By Mrs. ELLMERS of North Carolina: 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Public DAY, JUNE 8, 2016, FOR THE PUR- H.R. 5336. A bill to require Members of the Law 104-121, Sec. 251; (110 Stat. 868); to the POSE OF RECEIVING IN JOINT House of Representatives to post informa- Committee on Energy and Commerce. MEETING HIS EXCELLENCY 5507. A letter from the Director, Inter- tion on their official public websites on the NARENDRA MODI, PRIME MIN- national Cooperation, Office of the Under costs of trips taken by Members for which ISTER OF INDIA Secretary of Defense, Acquisition, Tech- expenses were paid by the Department of De- fense, the Department of State, or other of- Mr. GOHMERT. Mr. Speaker, I ask nology and Logistics, Department of De- fense, transmitting the Department’s intent fices of the House of Representatives, to di- unanimous consent that it may be in to sign an agreement between the Depart- rect the Committee on House Administra- order at any time on Wednesday, June ment of Defense of the United States of tion of the House of Representatives to 8, 2016, for the Speaker to declare a re- America and the Ministry of Defence of the maintain an online clearinghouse on its offi- cess, subject to the call of the Chair, Republic of Estonia, Transmittal No. 15-16, cial public website of all such information for the purpose of receiving in joint pursuant to Sec. 27(f) of the Arms Export for all Members, and for other purposes; to Control Act, and Executive Order 13637; to the Committee on House Administration. meeting His Excellency Narendra By Mr. O’ROURKE (for himself, Mr. Modi, Prime Minister of India. the Committee on Foreign Affairs. 5508. A letter from the Acting Director, Of- COFFMAN, Miss RICE of New York, and The SPEAKER pro tempore. Is there fice of Personnel Management, transmitting Ms. TITUS): objection to the request of the gen- the Office’s final rule — Prevailing Rate Sys- H.R. 5337. A bill to ensure that an indi- tleman from Texas? tems; Abolishment of the Newburgh, NY, Ap- vidual who is transitioning from receiving There was no objection. propriated Fund Federal Wage System Wage medical treatment furnished by the Sec- Area (RIN: 3206-AN26) received May 16, 2016, retary of Defense to medical treatment fur- f pursuant to 5 U.S.C. 801(a)(1)(A); Public Law nished by the Secretary of Veterans Affairs ADJOURNMENT 104-121, Sec. 251; (110 Stat. 868); to the Com- receives the pharmaceutical agents required mittee on Oversight and Government Re- for such transition; to the Committee on Mr. GOHMERT. Mr. Speaker, I move form. Veterans’ Affairs. that the House do now adjourn. 5509. A letter from the Board Chairman and By Mr. KATKO (for himself, Mr. The motion was agreed to; accord- Chief Executive Officer, Farm Credit Admin- MCCAUL, Mr. KEATING, Mr. KING of ingly (at 12 o’clock and 55 minutes istration, transmitting the Administration’s New York, Miss RICE of New York, p.m.), under its previous order, the final rule — Rules of Practice and Procedure; Mr. DONOVAN, Ms. MCSALLY, Mr. House adjourned until tomorrow, Fri- Adjusting Civil Money Penalties for Infla- MARCHANT, Mr. JOYCE, and Mr. DOLD): day, May 27, 2016, at 10 a.m. tion (RIN: 3052-AD16) received May 25, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Public Law H.R. 5338. A bill to reduce passenger wait f 104-121, Sec. 251; (110 Stat. 868); to the Com- times at airports, and for other purposes; to mittee on the Judiciary. the Committee on Homeland Security. EXECUTIVE COMMUNICATIONS, 5510. A letter from the Management and By Mr. PRICE of North Carolina (for ETC. Program Analyst, FAA, Department of himself and Mr. ISSA): Under clause 2 of rule XIV, executive Transportation, transmitting the Depart- H.R. 5339. A bill to amend title 18, United States Code, to clarify and expand Federal communications were taken from the ment’s final rule — Airworthiness Direc- tives; Airbus Airplanes [Docket No.: FAA- criminal jurisdiction over Federal contrac- Speaker’s table and referred as follows: 2015-1277; Directorate Identifier 2014-NM-155- tors and employees outside the United 5502. A letter from the Director, Issuances AD; Amendment 39-18459; AD 2016-07-14] (RIN: States, and for other purposes; to the Com- Staff, Office of Policy and Program Develop- 2120-AA64) received May 17, 2016, pursuant to mittee on the Judiciary. ment, Food Safety and Inspection Service, 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. By Mr. DEFAZIO (for himself, Mr. Department of Agriculture, transmitting the 251; (110 Stat. 868); to the Committee on DOLD, and Mr. THOMPSON of Mis- Department’s final rule — Classes of Poultry Transportation and Infrastructure. sissippi): [Docket No.: FSIS-2015-0026] (RIN: 0583-AD60) 5511. A letter from the Deputy General H.R. 5340. A bill to amend title 49, United received May 23, 2016, pursuant to 5 U.S.C. Counsel, Office of Surety Guarantees, Small States Code, to ensure that revenues col- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Business Administration, transmitting the lected from passengers as aviation security Stat. 868); to the Committee on Agriculture. Administration’s final rule — Surety Bond fees are used to help finance the costs of 5503. A letter from the Administrator, Guarantee Program; Miscellaneous Amend- aviation security screening by repealing a Rural Business-Cooperative Service, Rural ments (RIN: 3245-AG70) received May 23, 2016, requirement that a portion of such fees be

VerDate Sep 11 2014 02:08 May 27, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.045 H26MYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3294 CONGRESSIONAL RECORD — HOUSE May 26, 2016 credited as offsetting receipts and deposited By Mr. KNIGHT: H.R. 5358. A bill to establish Penn School - in the general fund of the Treasury; to the H.R. 5349. A bill to reduce government-im- Reconstruction Era National Monument in Committee on Homeland Security. posed obstacles to profitability and accessi- the State of South Carolina as a unit of the By Mr. MICA: bility for new electric energy projects; to the National Park System, and for other pur- H.R. 5341. A bill to amend title 5, United Committee on Oversight and Government poses; to the Committee on Natural Re- States Code, to provide for recalculation of Reform, and in addition to the Committees sources. basic annuity benefits for certain air traffic on Energy and Commerce, and Natural Re- By Mr. HUFFMAN: controllers, and for other purposes; to the sources, for a period to be subsequently de- H.R. 5359. A bill to revise Federal flamma- Committee on Oversight and Government termined by the Speaker, in each case for bility standards for motor vehicle child re- Reform. consideration of such provisions as fall with- straint systems; to the Committee on En- By Mr. NOLAN: in the jurisdiction of the committee con- ergy and Commerce. H.R. 5342. A bill to amend title II of the So- cerned. By Mr. JORDAN (for himself, Mr. By Mr. HONDA (for himself, Mr. REED, cial Security Act to provide a midyear cost- MEADOWS, Mr. DESJARLAIS, Mr. GOH- Mr. GIBSON, and Mr. TAKANO): of-living increase to account for the lack of MERT, and Mr. CHABOT): H.R. 5350. A bill to amend the Internal Rev- an automatic increase for 2016, to apply the H.R. 5360. A bill to help individuals receiv- enue Code of 1986 to provide for an energy in- Consumer Price Index for the Elderly (CPI- vestment credit for energy storage property ing assistance under means-tested welfare E) to future Social Security COLAs, and for connected to the grid, and for other pur- programs obtain self-sufficiency, to provide other purposes; to the Committee on Ways poses; to the Committee on Ways and Means. information on total spending on means- and Means, and in addition to the Committee By Mrs. WALORSKI (for herself, Mr. tested welfare programs, to provide an over- on Education and the Workforce, for a period all spending limit on means-tested welfare WILSON of South Carolina, Mr. ZINKE, to be subsequently determined by the Speak- programs, and for other purposes; to the and Ms. STEFANIK): er, in each case for consideration of such pro- H.R. 5351. A bill to prohibit the transfer of Committee on Ways and Means, and in addi- visions as fall within the jurisdiction of the any individual detained at United States tion to the Committees on Agriculture, En- committee concerned. Naval Station, Guantanamo Bay, Cuba; to ergy and Commerce, Financial Services, and By Mrs. DINGELL (for herself and Mr. the Committee on Armed Services. the Budget, for a period to be subsequently WALBERG): By Mr. GRAYSON (for himself, Mr. determined by the Speaker, in each case for H.R. 5343. A bill to require increased re- ELLISON, and Mr. CONYERS): consideration of such provisions as fall with- porting regarding certain surgeries sched- H.R. 5352. A bill to amend the National in the jurisdiction of the committee con- uled at medical facilities of the Department Voter Registration Act of 1993 to prohibit cerned. of Veterans Affairs; to the Committee on States from disqualifying individuals con- By Mr. KELLY of Pennsylvania (for Veterans’ Affairs. victed of criminal offenses, other than indi- himself, Mr. BLUMENAUER, Mr. By Mr. CARTWRIGHT (for himself, Mr. viduals convicted of murder, manslaughter, NOLAN, Mr. HASTINGS, Mr. KIND, and GRIJALVA, Mr. HONDA, Ms. EDDIE or sex crimes, from registering to vote or Mr. ZELDIN): BERNICE JOHNSON of Texas, Mr. voting in elections for Federal office; to the H.R. 5361. A bill to amend the Internal Rev- POLIS, Mr. RANGEL, Mr. YOUNG of Committee on House Administration. enue Code of 1986 to provide for the tax-ex- Alaska, Mr. MARINO, and Mr. POSEY): By Mr. REED (for himself, Mr. KATKO, empt financing of certain government-owned H.R. 5344. A bill to clarify that pilot pro- Ms. SLAUGHTER, Mr. SERRANO, Mr. buildings; to the Committee on Ways and grams that honor and reward organ donation TONKO, Mr. CROWLEY, Mr. GIBSON, Ms. Means. are not preempted by Federal criminal law CLARKE of New York, Mr. HIGGINS, By Mr. KENNEDY: and that offering and accepting such benefits and Mr. COLLINS of New York): H.R. 5362. A bill to amend title XIX of the in accordance with a pilot program are not H.R. 5353. A bill to authorize the Secretary Social Security Act to provide a higher Fed- criminal acts; to the Committee on Energy of the Interior to conduct a study to assess eral matching rate for increased expendi- and Commerce. the suitability and feasibility of designating tures under Medicaid for mental and behav- By Mr. YOUNG of Iowa (for himself and certain land as the Finger Lakes National ioral health services, and for other purposes; Ms. SINEMA): Heritage Area, and for other purposes; to the to the Committee on Energy and Commerce. H.R. 5345. A bill to require the Attorney Committee on Natural Resources. By Mr. LANCE (for himself and Mr. General to establish procedures for expedited By Mr. DANNY K. DAVIS of Illinois: NEAL): review of the case of any person who unlaw- H.R. 5354. A bill to amend title IV of the H.R. 5363. A bill to authorize the President fully solicits personal information for pur- Social Security Act to improve supports for to award the Medal of Honor posthumously poses of committing identity theft, while kinship caregivers in child welfare programs to Corporal David Dunnels White of the purporting to be acting on behalf of the IRS, and the program of block grants to States United States Army for his capture of Con- for temporary assistance for needy families; and for other purposes; to the Committee on federate Major General George Washington to the Committee on Ways and Means. the Judiciary, and in addition to the Com- Custis Lee at the Battle of Sailor’s Creek, By Mr. ASHFORD (for himself and Mr. mittee on Ways and Means, for a period to be Virginia, during the Civil War; to the Com- JONES): subsequently determined by the Speaker, in H.R. 5355. A bill to amend title 49, United mittee on Armed Services. each case for consideration of such provi- States Code, to assist veterans to obtain cer- By Mr. LANGEVIN (for himself, Mr. sions as fall within the jurisdiction of the tain public transportation jobs, and for other MARINO, Ms. BASS, Mr. HASTINGS, Ms. committee concerned. purposes; to the Committee on Transpor- EDDIE BERNICE JOHNSON of Texas, Mr. By Mr. YOUNG of Iowa: tation and Infrastructure. CARTWRIGHT, and Mrs. DINGELL): H.R. 5346. A bill to amend the Homeland By Mr. BRADY of Texas (for himself, H.R. 5364. A bill to provide States with Security Act of 2002 to make the Assistant Mr. BURGESS, Mr. CARTER of Texas, flexibility to use Federal IV-E funding for Secretary of Homeland Security for Health Mr. CONAWAY, Mr. GOHMERT, Mr. State child welfare programs to improve Affairs responsible for coordinating the ef- GENE GREEN of Texas, Mr. HEN- safety, permanency, and well-being out- forts of the Department of Homeland Secu- SARLING, Mr. HURD of Texas, Ms. comes for all children who need child welfare rity related to food, agriculture, and veteri- EDDIE BERNICE JOHNSON of Texas, Mr. services; to the Committee on Ways and nary defense against terrorism, and for other SAM JOHNSON of Texas, Mr. MARCH- Means. purposes; to the Committee on Homeland Se- ANT, Mr. MCCAUL, Mr. NEUGEBAUER, By Mr. MULLIN (for himself and Mr. ENNEDY curity, and in addition to the Committees on Mr. OLSON, Mr. RATCLIFFE, Mr. SES- K ): Energy and Commerce, and Agriculture, for SIONS, Mr. SMITH of Texas, Mr. H.R. 5365. A bill to amend the Professional a period to be subsequently determined by THORNBERRY, Mr. VELA, Mr. VEASEY, Boxing Safety Act of 1996 to include fighters the Speaker, in each case for consideration Mr. BARTON, Ms. GRANGER, Mr. WIL- of combat sports in the safety provisions of of such provisions as fall within the jurisdic- LIAMS, and Mr. HINOJOSA): such Act; to the Committee on Education tion of the committee concerned. H.R. 5356. A bill to designate the facility of and the Workforce, and in addition to the By Mr. RODNEY DAVIS of Illinois (for the United States Postal Service located at Committee on Energy and Commerce, for a himself and Mr. KIND): 14231 TX-150 in Coldspring, Texas, as the ‘‘E. period to be subsequently determined by the H.R. 5347. A bill to provide for phased-in Marie Youngblood Post Office’’; to the Com- Speaker, in each case for consideration of payment of Social Security Disability Insur- mittee on Oversight and Government Re- such provisions as fall within the jurisdic- ance payments during the waiting period for form. tion of the committee concerned. individuals with a terminal illness; to the By Mr. CARSON of Indiana (for him- By Mr. MURPHY of Florida (for him- Committee on Ways and Means. self, Mr. SCHRADER, and Mr. HANNA): self and Mr. FITZPATRICK): By Ms. SCHAKOWSKY (for herself, Mr. H.R. 5357. A bill to amend the Elementary H.R. 5366. A bill to amend the Internal Rev- SEAN PATRICK MALONEY of New York, and Secondary Education Act of 1965 to au- enue Code of 1986 to exclude from gross in- and Ms. KUSTER): thorize an interstate teaching application come for seven years amounts earned from H.R. 5348. A bill to amend the Federal program; to the Committee on Education the sale of drugs that demonstrate break- Power Act to establish an Office of Public and the Workforce. through therapies for treating Alzheimer’s Participation and Consumer Advocacy; to By Mr. CLYBURN (for himself and Mr. disease; to the Committee on Ways and the Committee on Energy and Commerce. SANFORD): Means.

VerDate Sep 11 2014 02:08 May 27, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\L26MY7.100 H26MYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE May 26, 2016 CONGRESSIONAL RECORD — HOUSE H3295 By Mr. NORCROSS: Asian Americans and Pacific Islanders to the By Mrs. ELLMERS of North Carolina: H.R. 5367. A bill to amend title II of the So- history of the United States; to the Com- H.R. 5336. cial Security Act to provide for cost-of-liv- mittee on Oversight and Government Re- Congress has the power to enact this legis- ing adjustments indexed to the Consumer form. lation pursuant to the following: Price Index for the Elderly, and for other By Mr. CICILLINE (for himself, Ms. Article 1, Section 8, Clause 18: purposes; to the Committee on Ways and SCHAKOWSKY, Ms. MATSUI, Ms. To make all Laws which shall be necessary Means, and in addition to the Committees on CLARKE of New York, Ms. KAPTUR, and proper for carrying into Execution the Education and the Workforce, Energy and Ms. WILSON of Florida, Mr. COHEN, foregoing Powers, and all Powers vested by Commerce, Armed Services, and Oversight Ms. MICHELLE LUJAN GRISHAM of New this Constitution in the Government of the and Government Reform, for a period to be Mexico, Mr. DEFAZIO, Ms. United States or in any Department or Offi- subsequently determined by the Speaker, in VELA´ ZQUEZ, Ms. MENG, Mrs. DINGELL, cer thereof. each case for consideration of such provi- Mr. GARAMENDI, Ms. PINGREE, Mr. By Mr. O’ROURKE: sions as fall within the jurisdiction of the LANGEVIN, Mr. POCAN, Ms. BONAMICI, H.R. 5337. committee concerned. Ms. TITUS, Mrs. CAROLYN B. MALONEY Congress has the power to enact this legis- By Ms. NORTON: of New York, Mr. GALLEGO, Mr. MUR- lation pursuant to the following: H.R. 5368. A bill to direct the Department PHY of Florida, Mr. SERRANO, Mr. Under Article I, Section 8 of the Constitu- of Transportation to issue regulations to re- KEATING, and Mr. GRIJALVA): tion, Congress has the power ‘‘to make all quire enhanced security measures for ship- H. Res. 758. A resolution amending the Laws which shall be necessary and proper for ments of security sensitive material, and for Rules of the House of Representatives to es- carrying into Execution the foregoing Pow- other purposes; to the Committee on Trans- tablish a Permanent Select Committee on ers, and all other Powers vested by this Con- portation and Infrastructure. Aging; to the Committee on Rules. stitution in the Government of the United By Mr. RYAN of Ohio (for himself, Mr. By Mr. FOSTER: States, or any Department or Officer there- YARMUTH, Mr. JENKINS of West Vir- H. Res. 759. A resolution expressing the of’. ginia, Mr. CONYERS, Ms. JACKSON sense of the House of Representatives in sup- By Mr. KATKO: LEE, Mr. HASTINGS, Mr. QUIGLEY, Ms. port of the International Atomic Energy H.R. 5338. MOORE, Mr. CUMMINGS, and Mrs. DIN- Agency’s (IAEA) nuclear security role; to the Congress has the power to enact this legis- GELL): Committee on Foreign Affairs. lation pursuant to the following: H.R. 5369. A bill to amend the Public By Ms. LEE (for herself, Ms. CLARKE of Article I, Section 8, Clause 3—To regulate Health Service Act to reauthorize the New York, Mr. BISHOP of Georgia, Commerece with foreign Nations, and among Healthy Start for Infants Program; to the Mr. RUSH, Ms. BROWN of Florida, Ms. the several States, and with Indian Tribes. Committee on Energy and Commerce. NORTON, Mr. ENGEL, Mr. MEEKS, Ms. By Mr. PRICE of North Carolina: By Mr. SHERMAN (for himself and Mr. MAXINE WATERS of California, Ms. H.R. 5339. FORTENBERRY): WILSON of Florida, Ms. MOORE, Mr. Congress has the power to enact this legis- H.R. 5370. A bill to provide for restrictions HASTINGS, Mr. VAN HOLLEN, Mr. lation pursuant to the following: related to nuclear cooperation with the Peo- LEWIS, Ms. JACKSON LEE, Mr. SABLAN, Congress has the power to enact this legis- ple’s Republic of China, and for other pur- Mr. CONYERS, Mr. AL GREEN of Texas, lation under Article 1 Section 8, Clause 1 poses; to the Committee on Foreign Affairs, Mr. DEUTCH, Ms. HAHN, Mr. (‘‘[To] provide for the common Defense and and in addition to the Committee on Energy GUTIE´ RREZ, Ms. MENG, Mr. GRIJALVA, general Welfare of of the United States’’) and and Commerce, for a period to be subse- Mr. COHEN, and Mr. PAYNE): 10 ([t]o define and punish...offensense against quently determined by the Speaker, in each H. Res. 760. A resolution recognizing the the laws of Nations.’’) case for consideration of such provisions as significance of National Caribbean American By Mr. DEFAZIO: fall within the jurisdiction of the committee Heritage Month; to the Committee on Over- H.R. 5340. concerned. sight and Government Reform. Congress has the power to enact this legis- By Ms. TSONGAS: By Ms. NORTON: lation pursuant to the following: H.R. 5371. A bill to revise repayment terms H. Res. 761. A resolution recognizing the Clause I, Section 8, of Article I of the for certain loans made under the Lowell Na- lack of full voting rights in Congress for ac- United States Constitution tional Historical Park Historic Preservation tive duty service members, National Guard By Mr. MICA: Loan Program; to the Committee on Natural members, reservists, veterans, and their fam- H.R. 5341. Congress has the power to enact this legis- Resources. ilies who are District of Columbia residents; lation pursuant to the following: By Ms. LEE (for herself, Mr. HINOJOSA, to the Committee on Oversight and Govern- Article I, Section 8, Clause 18 Ms. JUDY CHU of California, Mr. ment Reform. To make all Laws which shall be necessary HONDA, Mr. GRIJALVA, and Mr. By Ms. SLAUGHTER (for herself, Mr. and proper for carrying into Execution the BUTTERFIELD): COLE, Ms. NORTON, Mr. CONNOLLY, foregoing Powers, and all other Powers vest- H. Con. Res. 134. Concurrent resolution ex- Mrs. CAROLYN B. MALONEY of New ed by this Constitution in the Government of pressing the sense of the Congress regarding York, Mr. HECK of Washington, Ms. the United States, or in any Department or the need for increased diversity and inclu- DELAURO, Ms. EDWARDS, Ms. WILSON Officer thereof. sion in the tech sector, and increased access of Florida, Miss RICE of New York, By Mr. NOLAN: to opportunity in science, technology, engi- Mr. HASTINGS, Ms. TITUS, Mr. H.R. 5342. AMODEI, Mr. MICA, Ms. MCCOLLUM, neering, arts, and mathematics (STEAM) Congress has the power to enact this legis- Mr. NADLER, Ms. CLARKE of New education; to the Committee on Education lation pursuant to the following: York, Mr. HONDA, Mr. JOHNSON of and the Workforce. Article I, Section 8 of the Constitution. Georgia, Mr. TONKO, Mr. PRICE of By Mr. JONES: By Mrs. DINGELL: North Carolina, Mr. GRIJALVA, Mr. H. Res. 755. A resolution amending the H.R. 5343. Rules of the House of Representatives to ob- TED LIEU of California, Mr. Congress has the power to enact this legis- ´ serve a moment of silence in the House on CARDENAS, Mr. MOULTON, Mr. CAL- lation pursuant to the following: the first legislative day of each month for VERT, Mr. ROKITA, Mr. SIMPSON, Ms. The constitutional authority of Congress those killed or wounded in United States en- EDDIE BERNICE JOHNSON of Texas, to enact this legislation is provided by Arti- gagements in Iraq, Afghanistan, and other Mrs. MILLER of Michigan, Mr. VAN cle I, section 8 of the United States Constitu- countries where Americans are serving in HOLLEN, Mr. FRELINGHUYSEN, Ms. tion. harms way; to the Committee on Rules. PINGREE, Mr. ISRAEL, Mr. JOYCE, Mr. By Mr. CARTWRIGHT: By Ms. BONAMICI (for herself, Mr. LANCE, Mr. KILMER, and Mr. JENKINS H.R. 5344. RODNEY DAVIS of Illinois, Mr. SCOTT of West Virginia): Congress has the power to enact this legis- of Virginia, Ms. FUDGE, Mr. COSTELLO H. Res. 762. A resolution recognizing the lation pursuant to the following: of Pennsylvania, Mr. CURBELO of 75th anniversary of the opening of the Na- Article I, Section 8, Clause 3 (relating to Florida, Ms. STEFANIK, and Mr. tional Gallery of Art; to the Committee on the power of Congress to regulate Commerce JEFFRIES): House Administration. with foreign Nations, and among the several H. Res. 756. A resolution expressing support f States, and with the Indian Tribes.) for a whole child approach to education and By Mr. YOUNG of Iowa: recognizing the role of parents, educators, CONSTITUTIONAL AUTHORITY H.R. 5345. and community members in providing a STATEMENT Congress has the power to enact this legis- whole child approach to education for each Pursuant to clause 7 of rule XII of lation pursuant to the following: student; to the Committee on Education and the Rules of the House of Representa- Article I, Section 8, Clauses 1 and 18 the Workforce. tives, the following statements are sub- By Mr. YOUNG of Iowa: By Ms. JUDY CHU of California: H.R. 5346. H. Res. 757. A resolution recognizing the mitted regarding the specific powers Congress has the power to enact this legis- significance of Asian/Pacific American Herit- granted to Congress in the Constitu- lation pursuant to the following: age Month in May as an important time to tion to enact the accompanying bill or Article I, Section 8, Clause 18 of the United celebrate the significant contributions of joint resolution. States Constitution.

VerDate Sep 11 2014 02:08 May 27, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\L26MY7.100 H26MYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3296 CONGRESSIONAL RECORD — HOUSE May 26, 2016 By Mr. RODNEY DAVIS of Illinois: The Congress shall have Power . . . To reg- ADDITIONAL SPONSORS H.R. 5347. ulate Commerce with foreign Nations, and Congress has the power to enact this legis- among the several States, and with the In- Under clause 7 of rule XII, sponsors lation pursuant to the following: dian Tribes. were added to public bills and resolu- The constitutional authority on which this By Mr. JORDAN: tions, as follows: bill rests is the power of Congress as stated H.R. 5360. H.R. 24: Mr. GRAVES of Missouri and Mr. in Article I, Section 8, Clause 1 of the United Congress has the power to enact this legis- JENKINS of West Virginia. States Constitution. lation pursuant to the following: H.R. 194: Mrs. BROOKS of Indiana, Mr. DIAZ- By Ms. SCHAKOWSKY: The bill makes specific changes to existing BALART, Mr. HILL, Mr. DUNCAN of Tennessee, H.R. 5348. law in a manner that returns power to the Mr. WESTMORELAND, Mr. BUTTERFIELD, Mr. Congress has the power to enact this legis- States and to the people, in accordance with WALDEN, Mr. YODER, Mr. KLINE, and Mr. lation pursuant to the following: Amendment X of the United States Constitu- COLE. Article I, Section VIII tion. H.R. 266: Mr. FINCHER. By Mr. KNIGHT: By Mr. KELLY of Pennsylvania: H.R. 448: Mr. LARSEN of Washington. H.R. 5349. H.R. 5361. H.R. 662: Mr. CARTER of Georgia. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 711: Mr. KIND and Mr. CONNOLLY. lation pursuant to the following: lation pursuant to the following: H.R. 738: Mr. PERLMUTTER. Article I, Section 8 Article I Section 8 of the United States H.R. 775: Mrs. LOVE. By Mr. HONDA: Constitution. H.R. 827: Mr. POSEY. H.R. 5350. By Mr. KENNEDY: H.R. 923: Mr. WOMACK. Congress has the power to enact this legis- H.R. 5362. H.R. 1218: Mr. LOWENTHAL, Mr. TED LIEU of lation pursuant to the following: Congress has the power to enact this legis- California, Mr. RYAN of Ohio, Mr. AUSTIN section 8 of article I of the Constitution. lation pursuant to the following: SCOTT of Georgia, Mr. REICHERT, and Mr. By Mrs. WALORSKI: Article 8, Section 8—to provide for the gen- CARTWRIGHT. H.R. 5351. eral welfare and to regulate commerce H.R. 1266: Mr. JODY B. HICE of Georgia. Congress has the power to enact this legis- among the states. H.R. 1342: Mrs. ELLMERS of North Carolina. lation pursuant to the following: By Mr. LANCE: H.R. 1399: Mrs. DINGELL and Mr. WITTMAN. Article I, Section 8 of the Constitution. H.R. 5363. H.R. 1453: Mr. BUTTERFIELD. ‘‘To provide for the common defense,’’ ‘‘to H.R. 1549: Mr. GUINTA. Congress has the power to enact this legis- raise and support Armies,’’ ‘‘to provide and H.R. 1859: Ms. KUSTER. lation pursuant to the following: maintain a Navy,’’ and ‘‘to make rules for H.R. 1962: Mr. GRIJALVA. Article I, Sec. 8, Clause 1, of the United the government and regulation of the land H.R. 1963: Mr. CARTWRIGHT. State Constitution and naval forces.’’ H.R. 2058: Mr. BILIRAKIS. This states that ‘‘Congress shall have By Mr. GRAYSON: H.R. 2087: Ms. GRAHAM and Mrs. WATSON power to . . . lay and collect taxes, duties, H.R. 5352. COLEMAN. imposts and excises, to pay the debts and Congress has the power to enact this legis- H.R. 2315: Mr. WILLIAMS. provide for the common defense and general lation pursuant to the following: H.R. 2350: Mr. NEWHOUSE and Mr. PETER- welfare of the United States.’’ Article I, Section 8, of the United States SON. By Mr. LANGEVIN: Constitution. H.R. 2368: Ms. MCCOLLUM. By Mr. REED: H.R. 5364. H.R. 2449: Mrs. DINGELL, Mr. TAKANO, Ms. H.R. 5353. Congress has the power to enact this legis- LINDA T. SA´ NCHEZ of California, and Mr. Congress has the power to enact this legis- lation pursuant to the following: RYAN of Ohio. lation pursuant to the following: Article I, Section 8, Clause 1. H.R. 2450: Mr. BEYER and Ms. MCCOLLUM. Article I, Section 8, Clause 18: ‘‘To make By Mr. MULLIN: H.R. 2477: Mr. PAULSEN. all laws which shall be necessary and proper H.R. 5365. H.R. 2638: Mr. COHEN. for carrying into execution the foregoing Congress has the power to enact this legis- H.R. 2694: Mr. LEVIN. powers, and all other powers vested by this lation pursuant to the following: H.R. 2698: Mr. MICA. Constitution in the government of the clause 3 of section 8 of article I of the Con- H.R. 2712: Mr. BOUSTANY. United States, or in any department or offi- stitution H.R. 2737: Mr. CLAY, Ms. LORETTA SANCHEZ cer thereof.’’ By Mr. MURPHY of Florida: of California, Mr. FATTAH, Mr. SIRES, Mr. By Mr. DANNY K. DAVIS of Illinois: H.R. 5366. KIND, Mrs. KIRKPATRICK, Mr. KILDEE, Mrs. H.R. 5354. Congress has the power to enact this legis- DINGELL, Mr. KENNEDY, Mr. MOULTON, Mr. Congress has the power to enact this legis- lation pursuant to the following: GRAVES of Louisiana, Mr. BISHOP of Georgia, lation pursuant to the following: Article I, Section 8 of the United States Ms. SINEMA, Ms. DELAURO, Ms. KUSTER, and Article I of the Constitution and its subse- Constitution. Mr. AGUILAR. quent amendments and further clarified and By Mr. NORCROSS: H.R. 2948: Mr. KING of Iowa, Mr. PETERSON, interpreted by the Supreme Court of the H.R. 5367. and Ms. PINGREE. United States. Congress has the power to enact this legis- H.R. 2992: Mr. TIPTON, Mr. RICE of South By Mr. ASHFORD: lation pursuant to the following: Carolina, Mr. MURPHY of Pennsylvania, Mrs. H.R. 5355. Article I, Section 8 of the US Constitution LUMMIS, Mr. COFFMAN, Mrs. BLACK, Mr. BAR- Congress has the power to enact this legis- By Ms. NORTON: TON, Mr. SIMPSON, Mr. WOMACK, Mr. LUETKE- lation pursuant to the following: H.R. 5368. MEYER, Mr. WALBERG, Mr. FARENTHOLD, Mr. Article I, section 8 of the Constitution of Congress has the power to enact this legis- MICA, Mr. REED, Mr. WALDEN, Mr. MULLIN, the United States lation pursuant to the following: Mr. WOODALL, Mr. CRENSHAW, Mr. BUCHANAN, By Mr. BRADY of Texas: clause 3 of section 8 of article I of the Con- Mr. YOUNG of Iowa, Mr. FORBES, Mr. WITT- H.R. 5356. stitution. MAN, Mr. RIGELL, Mr. RIBBLE, Mr. JOYCE, Mr. Congress has the power to enact this legis- By Mr. RYAN of Ohio: FRELINGHUYSEN, Mr. NUNES, Mr. DONOVAN, lation pursuant to the following: H.R. 5369. Mr. ROUZER, Mr. GIBBS, Mr. MARINO, Mr. Article 1, Section 8, Clause 7: ‘‘The Con- Congress has the power to enact this legis- YOUNG of Alaska, Mr. HARPER, Mr. gress shall have power . . . to establish Post lation pursuant to the following: GROTHMAN, and Mr. MASSIE. Offices and Post Roads.’’ [Page H1802] Article I, Section 8: To make all Laws H.R. 3012: Mrs. LOVE. By Mr. CARSON of Indiana: which shall be necessary and proper for car- H.R. 3080: Mr. MEEHAN. H.R. 5357. rying into Execution the foregoing Powers, H.R. 3094: Mr. CARTER of Texas. Congress has the power to enact this legis- and all other Powers vested by this Constitu- H.R. 3164: Ms. KAPTUR. lation pursuant to the following: tion in the Government of the United States, H.R. 3220: Mr. PAULSEN. Clause 1 of section 8 of Article I of the Con- or in any Department or Officer thereof. H.R. 3238: Mr. FARR, Mr. MCGOVERN, Ms. stitution. By Mr. SHERMAN: LEE, Ms. MCCOLLUM, Mr. ASHFORD, Mr. MI- By Mr. CLYBURN: H.R. 5370. CHAEL F. DOYLE of Pennsylvania, Ms. ESHOO, H.R. 5358. Congress has the power to enact this legis- Mr. POCAN, Mr. PERLMUTTER, Ms. DELAURO, Congress has the power to enact this legis- lation pursuant to the following: and Mr. BEYER. lation pursuant to the following: Article I, Section 8, Clause 3, the com- H.R. 3255: Mrs. ELLMERS of North Carolina. Article 1, Section 8 of the United States merce clause. H.R. 3308: Ms. CASTOR of Florida, Mr. Constitution. By Ms. TSONGAS: CUELLAR, Mr. KILDEE, Mr. PETERS, and Ms. By Mr. HUFFMAN: H.R. 5371. SPEIER. H.R. 5359. Congress has the power to enact this legis- H.R. 3323: Mr. COLLINS of New York. Congress has the power to enact this legis- lation pursuant to the following: H.R. 3515: Mr. WENSTRUP. lation pursuant to the following: Clause 1 of Section 8 of Article 1 of the H.R. 3550: Mr. COHEN. Article I, Section 8, Clause 3 United States Constitution. H.R. 3798: Mr. EMMER of Minnesota.

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H.R. 3815: Mr. CROWLEY, Mr. GIBSON, Mr. H.R. 4620: Mr. BARR. H.R. 5180: Mr. KELLY of Mississippi, Mrs. COLLINS of New York, and Mr. POLIQUIN. H.R. 4625: Mr. FRELINGHUYSEN. ELLMERS of North Carolina, Mr. ISSA, and H.R. 3880: Mr. PITTENGER. H.R. 4662: Mr. CHABOT, Ms. DEGETTE, Mr. Mr. VEASEY. H.R. 3884: Mr. NUGENT and Mr. CALVERT. COHEN, Mr. BEN RAY LUJA´ N of New Mexico, H.R. 5224: Mr. WILSON of South Carolina. H.R. 3885: Mr. CALVERT. and Mr. TONKO. H.R. 5240: Mr. KING of Iowa, Mr. YOUNG of H.R. 3929: Mrs. DINGELL, Mr. BARLETTA, Mr. H.R. 4715: Mr. BARTON and Mr. GUINTA. Iowa, and Mr. GUTHRIE. BYRNE, Mr. HULTGREN, Mr. MCCLINTOCK, Mrs. H.R. 4729: Ms. PINGREE. H.R. 5258: Mrs. DINGELL and Ms. MICHELLE MCMORRIS RODGERS, Mrs. NOEM, Mrs. MILLER H.R. 4740: Ms. MCCOLLUM. LUJAN GRISHAM of New Mexico. of Michigan, Mr. REED, Mr. ROTHFUS, Mr. H.R. 4760: Mr. DUNCAN of South Carolina. H.R. 5263: Ms. BONAMICI, Mr. RUSH, and Mr. WALDEN and Mr. LIPINSKI. H.R. 4764: Mr. BARTON. YARMUTH. H.R. 4770: Mr. LARSON of Connecticut. H.R. 4062: Mr. KIND and Mr. ALLEN. H.R. 5275: Mr. CRAMER and Mr. ALLEN. H.R. 4773: Mr. SCHWEIKERT, Mr. H.R. 4065: Mr. CURBELO of Florida. H.R. 5276: Mr. FRANKS of Arizona, Mr. CUL- BRIDENSTINE and Mr. MCCLINTOCK. H.R. 4166: Mr. HILL. BERSON, Mr. NEUGEBAUER, Mrs. WALORSKI, H.R. 4794: Ms. BROWNLEY of California. H.R. 4352: Ms. SINEMA, Mr. YOUNG of Iowa, Mr. ROUZER, and Mr. WEBER of Texas. H.R. 4796: Mr. YARMUTH. Mr. COLLINS of Georgia, Mr. YOHO, Mr. HILL, H.R. 5294: Mr. PITTS and Mr. MARCHANT. H.R. 4819: Mr. TIPTON. Mr. SCALISE, Ms. SLAUGHTER, Mr. CRENSHAW, H.R. 4938: Mr. FARENTHOLD, Mr. MEADOWS, H.J. Res. 94: Mr. MCGOVERN. Mr. BENISHEK, Mr. MOOLENAAR, Mr. VAN HOL- and Mr. DOLD. H. Con. Res. 40: Mr. HANNA, Mrs. CAROLYN LEN, Mr. TED LIEU of California, Mr. H.R. 4958: Mr. CARTWRIGHT. B. MALONEY of New York, Mr. SERRANO, and GARAMENDI, Mrs. WALORSKI, Mr. COSTELLO of H.R. 4959: Mr. WALBERG. Mr. LIPINSKI. Pennsylvania, Mr. WILLIAMS, Mr. WALDEN, H.R. 5003: Mr. KLINE. H. Con. Res. 89: Mr. ISSA. Mr. WILSON of South Carolina, Mr. CICILLINE, H.R. 5027: Mr. SMITH of Texas. H. Con. Res. 128: Mr. ROKITA. Ms. HAHN, Mr. DELANEY, Ms. SCHAKOWSKY, H.R. 5044: Ms. FUDGE, Mr. PETERS, Mr. CLY- H. Con. Res. 129: Mr. MURPHY of Florida Mr. HIMES, Mr. VELA, Mr. GENE GREEN of BURN, Mr. POLIS, Ms. SPEIER, Ms. KELLY of Il- and Ms. VELA´ ZQUEZ. Texas, Mr. AGUILAR, Mr. SWALWELL of Cali- linois, Mr. HINOJOSA, Mr. LYNCH, Ms. EDDIE H. Res. 220: Mr. JOYCE, Mr. COOK, Ms. JUDY fornia, Mr. NEAL, Mr. SANFORD, Mr. BERNICE JOHNSON of Texas, Mrs. DAVIS of CHU of California, and Mr. WELCH. LAMALFA, Mr. ROKITA, Mr. BROOKS of Ala- California, Mrs. KIRKPATRICK, Mr. H. Res. 251: Mr. LEVIN. bama, Mr. DUNCAN of South Carolina, Mr. DESAULNIER, Mr. LARSON of Connecticut, H. Res. 289: Mr. MEEKS. TURNER, Mr. GRAVES of Louisiana, Mr. Mrs. BEATTY, Mr. SEAN PATRICK MALONEY of H. Res. 343: Mr. PRICE of North Carolina. KINZINGER of Illinois, Mr. HUNTER, Mr. SMITH New York, Ms. WILSON of Florida, Ms. H. Res. 360: Mr. FARENTHOLD. of New Jersey, Mr. RODNEY DAVIS of Illinois, BORDALLO, Ms. SEWELL of Alabama, Ms. H. Res. 377: Mr. MCGOVERN. Mr. STUTZMAN, Mr. FORTENBERRY, Mr. SMITH HAHN, Mr. ASHFORD, Mr. TAKANO, Ms. H. Res. 591: Mr. DUNCAN of South Carolina, of Missouri, Mr. STEWART, Mr. ZINKE, Mr. SLAUGHTER, Mr. LARSEN of Washington, Ms. Mr. FARENTHOLD, Mr. FINCHER, Mr. DUFFY, Mr. STIVERS, Mrs. WAGNER, Mr. KUSTER, Mr. THOMPSON of California, Mr. DESJARLAIS, Ms. PLASKETT, and Mr. ALLEN. LUCAS, Mr. ROE of Tennessee, Mrs. TED LIEU of California, Mr. LOEBSACK, Mr. H. Res. 667: Mr. RYAN of Ohio, Mr. JOYCE, HARTZLER, Mrs. MILLER of Michigan, Mr. JOHNSON of Georgia, Mr. ELLISON, Mr. Mr. COSTELLO of Pennsylvania, Mr. WALKER, Mr. AMODEI, Mr. NEWHOUSE, Mr. MOULTON, Mr. HECK of Washington, Mr. CICILLINE, Ms. SPEIER, Mr. BEYER, Mr. YOUNG TIBERI, Mr. ABRAHAM, Mr. BOST, Mr. JENKINS PERLMUTTER, Ms. CLARKE of New York, Mr. of Indiana, and Mr. KILMER. of West Virginia, Mr. CHAFFETZ, Mr. GUTH- CARSON of Indiana, Mr. SABLAN, Ms. H. Res. 694: Mr. KEATING and Ms. NORTON. RIE, Mr. PALAZZO, Mr. CALVERT, Mr. BUR- DELBENE, and Mrs. BUSTOS. H. Res. 712: Mr. KEATING. GESS, Mrs. BLACK, Mr. RUPPERSBERGER, Mr. H.R. 5067: Mr. CLYBURN, Mr. MEEKS, Ms. H. Res. 717: Mr. COLLINS of New York and FARR, Mr. KIND, Mr. MCDERMOTT, Mr. SMITH WILSON of Florida, Mrs. WATSON COLEMAN, Mr. COHEN. of Washington, Mr. DEUTCH, Mr. PETERSON, Mr. CROWLEY, Mr. MCGOVERN, and Mr. H. Res. 729: Ms. BROWNLEY of California, Mr. BERA, Mr. MASSIE, Mr. DESAULNIER, Mr. THOMPSON of California. Mr. BISHOP of Michigan, Mr. SALMON, Mr. NOLAN, Mr. COOPER, and Mr. HUELSKAMP. H.R. 5076: Mr. WITTMAN and Mr. TIPTON. ROGERS of Alabama, Mr. LARSON of Con- H.R. 4365: Mr. RICHMOND. H.R. 5090: Mr. DESAULNIER, Mr. BISHOP of necticut, Mr. OLSON, Mr. ASHFORD, Mr. H.R. 4428: Mr. BARR. Georgia, Mr. FOSTER, Mr. KILDEE, Mr. CART- BYRNE, Mr. TAKANO, Mr. MCCLINTOCK, Mr. H.R. 4445: Ms. LOFGREN. WRIGHT, and Ms. WILSON of Florida. LUETKEMEYER, Mrs. ELLMERS of North Caro- H.R. 4480: Ms. BROWNLEY of California. H.R. 5094: Mr. MEEHAN. lina, Mr. HOLDING, Ms. JUDY CHU of Cali- H.R. 4488: Mr. CARTWRIGHT and Ms. PIN- H.R. 5121: Mr. CARTWRIGHT. fornia, Mr. HIMES, Mr. MICA, Mr. HASTINGS, GREE. H.R. 5124: Ms. WILSON of Florida, Mr. Mr. WOMACK, Mr. BISHOP of Georgia, Mr. H.R. 4514: Mr. DESANTIS and Ms. COHEN and Mrs. LAWRENCE. DESANTIS, and Mr. GENE GREEN of Texas. WASSERMAN SCHULTZ. H.R. 5129: Mr. NEWHOUSE. H. Res. 730: Mr. KEATING. H.R. 4559: Mr. DAVID SCOTT of Georgia. H.R. 5131: Mr. GRIJALVA. H. Res. 746: Mr. YARMUTH. H.R. 4592: Mrs. WATSON COLEMAN, Mr. H.R. 5143: Mr. EMMER of Minnesota. H. Res. 749: Mr. KENNEDY. NOLAN, Mr. PETERSON, Mr. BLUMENAUER, Mr. H.R. 5149: Ms. DELAURO. RUIZ, Mr. MACARTHUR, Mr. PIERLUISI, Mr. H.R. 5166: Mr. YODER, Mr. SAM JOHNSON of f COSTELLO of Pennsylvania, Mr. CRAMER, Mr. Texas, Mr. BLUMENAUER, Mr. JOYCE, Mr. STIVERS, Ms. TITUS, Ms. CLARKE of New VALADAO, Mr. TIPTON, Mr. DONOVAN, Mr. York, Mr. CLEAVER, Mr. CLYBURN, Mrs. PITTENGER, Mr. BLUM, Mr. NEWHOUSE, Mrs. DELETIONS OF SPONSORS FROM DAVIS of California, Ms. FUDGE, Mr. MCMORRIS RODGERS, Mr. WALBERG, Mr. PUBLIC BILLS AND RESOLUTIONS GARAMENDI, Mr. HOYER, and Mr. LARSEN of MASSIE, Mr. GARRETT, Mr. MESSER, Mr. WIL- Washington. SON of South Carolina, Mr. SMITH of Texas, Under clause 7 of rule XII, sponsors were H.R. 4606: Ms. MCCOLLUM. and Mr. DUNCAN of Tennessee. deleted from public bills and resolutions, as H.R. 4613: Mr. DONOVAN. H.R. 5168: Mrs. MCMORRIS RODGERS and Mr. follows: H.R. 4615: Mrs. DAVIS of California. VAN HOLLEN. H. Res. 752: Ms. LEE.

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Vol. 162 WASHINGTON, THURSDAY, MAY 26, 2016 No. 84 Senate The Senate met at 9:30 a.m. and was WELCOMING THE GUEST otherwise and blame these rates on called to order by the President pro CHAPLAIN something like uncertainty over tempore (Mr. HATCH). Mr. PERDUE. Mr. President, I want Kynect’s future. As the story notes, f to take just a moment today to recog- ‘‘the only company that will offer plans statewide on the exchange next PRAYER nize Dr. Benny Tate of Rock Springs Church in Milner, GA, for being here year said the requested rate increase The PRESIDENT pro tempore. To- with us to deliver this morning’s open- has nothing to do with the end of day’s opening prayer will be offered by ing prayer. Kynect.’’ Yesterday I shared stories Dr. Benny Tate, senior pastor of Rock Benny is my personal pastor, my from Kentuckians who continue to suf- Springs Church in Milner, GA. dear friend, and inspiration for both fer under this law. The guest Chaplain offered the fol- my wife and me. He offered us constant Thanks to what we learned last lowing prayer: prayer and support as I entered this po- night, I am afraid we will be hearing Let us pray. litical journey and continues to do so even more. ObamaCare’s defenders Our most kind and gracious Heavenly today. need to own up to what their partisan Father, as we bow our heads and hearts Before I was sworn in to the Senate, law is doing to the middle class and not before You, we come with a grateful we joined Benny on a personal mission waste another moment trying to de- heart. I lift this esteemed body of indi- trip to Haiti. It was a life-changing flect attention elsewhere. They need to viduals to Your care and blessing. My trip. We went to a community that had work with us to relieve the pain of prayer is that You will illuminate their been stricken by the earthquake in ObamaCare and start over with real understanding because, as Ben Frank- 2010. We saw kids who were still sleep- care. lin reminded us, You are the Father of ing and eating on the ground in tents. f lights. I pray for every Member that Yet we saw hope, and that is hope I will NATIONAL DEFENSE they would follow the direction of carry with me the rest of my life be- AUTHORIZATION BILL President Abraham Lincoln and be cause of this man, Benny Tate. Mr. MCCONNELL. Mr. President, the driven to their knees by an over- Thank you, Brother Benny, for your men and women who sign up to defend whelming conviction that they had no- faith, your life, and your service. We our Nation don’t ask for much, but our where else to go. God, give our leaders are all honored to have you here today. Nation certainly asks a lot of them. direction and guidance. I ask You to Mr. President, I yield the floor. They sacrifice on our behalf every day. unify the hearts of the men and women f They deserve the kind of support that serving in this body, for unity is where RECOGNITION OF THE MAJORITY the National Defense Authorization You commanded the blessing. May LEADER Act before us can provide. It will honor every Member remember the goal is The PRESIDING OFFICER. The ma- commitments to veterans, servicemem- more important than any role, and our jority leader is recognized. bers, and their families. It will author- Lord teaches us that the greatest of all f ize raises, support Wounded Warriors, is the one who serves, and anyone can and improve military benefits and be great because anyone can serve. OBAMACARE health care. We need to pass it. The We pray this prayer, respecting all Mr. MCCONNELL. Mr. President, Democratic leader needs to stop pre- faiths, but we pray this prayer in the here is the headline too many Kentuck- venting us from doing so. Name of our Lord and Savior, Jesus ians had to wake up to this morning: Yesterday in his opening remarks, he Christ. ‘‘Health insurance rate hike requests claimed he was holding up the bill be- Until You come, we pray. Amen. average 17 percent in [my home cause he hadn’t had the chance to read f State].’’ it—then talked about a new book he is The story noted that these double- PLEDGE OF ALLEGIANCE reading. digit premium increases continue a na- Today in his opening remarks he will The President pro tempore led the tional trend of hefty hikes as insurers surely make more excuses for Demo- Pledge of Allegiance, as follows: adapt to a market reshaped by Presi- crats not to do their jobs—then head to I pledge allegiance to the Flag of the dent Obama’s signature health care a press conference titled ‘‘Do Your United States of America, and to the Repub- law—in other words, more unaffordable Job.’’ lic for which it stands, one nation under God, premium increases, thanks to You can’t make this stuff up. But it indivisible, with liberty and justice for all. ObamaCare. is not funny. The PRESIDING OFFICER (Mr. It was unfortunate to hear some of Look, we get it. Democrats want to HELLER). The Senator from Georgia. ObamaCare’s defenders try to pretend run TV ads claiming the Senate can’t

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

S3231

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VerDate Sep 11 2014 00:47 May 27, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.000 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3232 CONGRESSIONAL RECORD — SENATE May 26, 2016 get anything done. They know that is a edly proved them wrong with meaning- bills to date in the 114th Congress really tough sell. They know the only ful and substantial reforms instead. ‘‘than any single Congress since 1980’’; chance to make it work is by slow- That is certainly true of the new edu- like the fact that we got the appropria- walking bills they actually support. cation reform law we passed. It re- tions process started this year at the Democrats don’t actually want to be placed No Child Left Behind with ‘‘the earliest point in the modern budgeting on record opposing our troops before largest devolution of federal control to era—in other words, in about 40 years; Memorial Day, so they support the bill the states in a quarter-century.’’ It is a like the fact that we passed the first of in public then bog it down in private hugely important reform that empow- these three appropriations bills at the and cover with one embarrassing ex- ers parents and prevents Washington earliest point in the modern budgeting cuse after the next: We haven’t read it. from imposing Common Core. That is a era as well. It was written in secret. The dog ate it. notable conservative achievement. It is good to see the appropriations It is just embarrassing. The same could be said of the deci- process finally getting back on track As the chairman of the Armed Serv- sive action we took to enact permanent after so many years of dysfunction. It ices Committee said, ‘‘We need to move tax relief for families and small busi- is incredibly important for the Senate, forward with this legislation. We need nesses or to bring an end to a job-kill- it is definitely healthy for the demo- to move forward with it now, for the ing energy embargo from the 1970s or cratic process, and it will certainly sake of our men and women who are to place on President Obama’s desk a allow us to address a variety of funding serving and defending this Nation and bill that would finally end issues in a more thoughtful and delib- putting their lives on the line.’’ He is ObamaCare’s cycle of broken promises erative way. right. and pain for the middle class. Take Zika, for instance. Combating So here is an idea. How about Demo- We secured pay raises for our troops, the spread of the Zika virus has been a crats skip talking about doing their help for our veterans, and hope for the priority for both parties, so Repub- jobs at a press conference and actually victims of human trafficking. We licans and Democrats deliberated and do their jobs instead? They can follow passed a landmark cyber security law forged a compromise in committee. the lead of this Republican majority— that will help safeguard America’s per- Senators debated that compromise out a majority that continues to do its sonal information. We achieved the here on the floor and voted to pass it. job—and show how important things most significant transportation solu- Now Members of the Senate and the can be accomplished for the American tion in years, one that will finally House are preparing the process of people as a result. So no more needless allow us to rebuild roads, bridges, and going to conference so we can get this delays, no more embarrassing excuses, crumbling infrastructure without rais- measure down to the President. That is and no more blocking benefits for the ing taxes by a penny. how you get good legislation to the men and women of our military. Let’s We got a lot done for the American President. That is what is known as work together to get this done. We people in 2015. We are continuing to get doing your job around here. Of course, it will not be easy to get have already seen what is possible in a lot done for the American people in the appropriations process back on the Republican-led Senate when we do. 2016. track completely after so many years f In just a few months, the Republican- led Senate has passed legislation pro- of dysfunction, but we are committed THE REPUBLICAN-LED SENATE viding real solutions on a range of to doing all we can. We have clearly Mr. MCCONNELL. Mr. President, so issues: Addressing the prescription demonstrated strong and steady much has changed since the American opioid and heroin epidemic that is rav- progress already, and that is something people elected a new Republican major- aging our country with critical, com- that benefits both parties. It means ity to get the Senate back to work. prehensive legislation; modernizing more Members get a say. It means Americans have told us to break American energy with the first broad more scrutiny is brought to bear on the through the gridlock and get the Sen- energy bill since the Bush administra- funds that are spent. It means more ate focused on real solutions again. We tion; improving airport security and regular order and more of a Senate have, and we are. consumer protections with the most that functions even better for every- This doesn’t mean our colleagues pro-passenger, pro-security FAA reau- one. I am proud of all we have accom- across the aisle will always cooperate; thorization in years; deterring North plished in such a short time. We have we have certainly seen an unfortunate Korea’s growing aggression with com- put the Senate back to work, we have example of that this particular week. prehensive sanctions; keeping the continued to get our jobs done, and But what is clear is how the underlying Internet open and accessible by perma- that has allowed us to pass important fundamentals have changed: Commit- nently banning government from tax- legislation for the American people tees are now functioning; legislative ing your access to the Internet; sup- who, after all, sent us all here. processes are now working; we now porting American manufacturing by re- I thank Senators from both sides who continue to get important things done ducing tariffs that make it harder for have worked with us to restore this for the people who sent us here. American businesses to compete and to Chamber to a place of higher purpose. I It all started with a simple philos- grow; defending American innovation know there is more we can accomplish ophy: Give Senators and the people and entrepreneurship protections together, so let’s keep working to en- they represent more of a say in the leg- against the theft of intellectual prop- sure that we do. islative process, and they will take erty; and just this week, combating more of a stake in the legislative out- sexual assault and human trafficking f come, regardless of party. So we did, with new protections for victims and RECOGNITION OF THE MINORITY and the results have been encouraging. enhanced tools for law enforcement. LEADER This is how we have been able to trans- These are just some of the things we The PRESIDING OFFICER. The form gridlock into progress and dys- have been able to accomplish the past Democratic leader is recognized. function into solutions. few months alone. But we are not fin- f To give an example of what I mean, ished. None of this would have been we recently took as many rollcall votes possible without functioning commit- ISSUES BEFORE THE SENATE on one bill, the Energy Policy Mod- tees and capable leaders to guide them. Mr. REID. Mr. President, it is not ernization Act, as the Senate took in Those chairs often choose to focus on necessary to go into great detail about all—all—of 2014 under the previous ma- ideas where Republicans and Demo- the past, but it is important to talk jority. It is remarkable how far we crats can agree, not just where the two about the past so we understand what have come in such a short time. parties disagree, and we have gotten is going on now and what the future Consider what we were able to some really important legislation holds. achieve for our constituents in 2015 passed as a result. The biggest change coming from the alone. Some said Congress could never We have seen some truly notable Republican majority is what the Demo- break old traditions of short-term fixes anecdotes, too, like the fact that the cratic minority has done. We have co- and patches and punts, but we repeat- Finance Committee has approved more operated. We are not in the business of

VerDate Sep 11 2014 00:47 May 27, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.002 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3233 filibustering everything. During the and there have been efforts made to try, and I am sorry to report they won first 6 years of the Obama administra- correct that mistake. That hasn’t been and America lost, but now we have an tion, the Republicans initiated more done yet. opportunity to have the American peo- than 600 filibusters. They filibustered The House of Representatives, led by ple winning for a change. What is the everything. As an example, we tried to the Republicans, can’t pass a simple holdup in doing that bill? It is a con- do the Energy bill for 5 years. Each budget. This great Senate that he talks ference report. time we tried, it was brought to a about couldn’t pass a budget. We don’t Four weeks ago, I stood on the floor standstill by the Republicans. have a budget. We have no district and said we shouldn’t go on break We have a Republican bill that we court nominations. We have emer- without having giving President worked on. It is the same bill we did gencies all over the country because Obama the $1.9 billion he needs to fight with Senator SHAHEEN in the past with there are too many people in trouble the Zika virus. Four weeks later—we some additions to it. What happened to who want to litigate, and there are no are still off next week—we are not that bill is that it has gone to the dark judges to do that. No, we are not going going to worry about those pesky mos- hole in the House. They have stripped to move on judges because Barack quitoes. The Senate is going to recess everything out of it that we had done. Obama, in their mind, is an illegit- for another week. We are going to come It is gone. We have done our utmost to imate President, and they have created back for 4 weeks and then we are out cooperate. Donald Trump—what has happened the for 7 weeks. This great plan of my For my friend to talk about this Re- last 71⁄2 years, the Republicans oppos- friend, the Republican leader, is some- publican Senate that has done so ing anything that President Obama what misleading. Anything he has been much, he would have tremendous dif- tried to do. They have created Donald able to get done and tried to boast ficulty finding any one thing that we Trump. They are not only failing us on about are things they held us up from didn’t try to do—any one thing. I district court nominations, circuit doing for 6 years. talked about energy. It doesn’t matter court nominations, we have a Supreme Last Friday President Obama said we what it was, it was filibustered—I re- Court that has been bare. We don’t should not leave today without having given public health officials the re- peat—more than 600 times. The record have a full complement of Supreme sources they need to combat the spread will never be broken, I hope, as it has Court Justices. For my friend to stand of Zika in the United States. Research- been a real detriment to our country here and say we are doing our job is ab- ers, doctors, and health officials—not and the U.S. Senate. For my friend to surd. come and talk about how great the If he wants to talk about the Defense only in the United States, all over the Senate is, is really absurd. authorization bill, we will be happy to world—need this money. This money will be spent in America, but there will I don’t know if he is taking the pages do that. Here is a quote from MITCH be a lot of effects around the world. from Donald Trump—if you say enough MCCONNELL, which is basically what There will be a lot of problems in Cen- that is wrong, people will say: Well, today’s vote on the Defense authoriza- tral and South America that we will be maybe it is not that bad. This Repub- tion bill is all about: ‘‘The Defense au- able to help. If we do it the right way, lican Senate is a do-nothing Senate. He thorization bill requires 4 to 5 weeks to they can develop a vaccine at NIH, the talked about opioid legislation. There debate.’’ That is what he said. Now he Centers for Disease Control. They can’t isn’t anyone—not anyone from the is changing his tune. I am not saying it do it without money. Again, there is no Centers for Disease Control and Pre- is 4 to 5 weeks, but this bill is almost money. They shift things around. They vention, any of the public health agen- 2,000 pages, which we received the say they have a plan. Don’t worry cies around the country—who thinks night before last at 5 o’clock. about Ebola, which was 18 months what happened in the Senate helped Shouldn’t Members and their staff be ago—a ravaging fear in the American them. Why? Because there is no money. able to read these 2,000 pages before we people. It is still there, once that dis- They shuffled things around. There is dive into litigating and offering ease pops up again, that condition pops no money. Opioid legislation needs amendments? up again in Africa, because it infects money. They have refused to fund it. I will say, again, the chairman of the Americans who are there. But they I don’t know how long it has been, committee, the senior Senator from have taken most of the money from but it has been at least 4 months since Arizona, has said: I am going to violate Ebola, and the House is going to take the people of Flint, MI, came to the re- the budget agreement we have by all of it in this great plan he has. They alization that they had been poisoned— bringing in $18 billion more for defense. need this money. They need it to pre- their children had been poisoned with The budget agreement says he can’t do pare for this public health threat, lead. We tried so many different ways that unless you equally fund non- which is here. to get the Republicans to help that be- defense. Shouldn’t we take a look at To leave now without putting an leaguered city, but, no, not a chance. that? Shouldn’t we take a look at a emergency spending bill on the Presi- The people of Flint, MI, are still drink- 2,000-page bill—actually, 1,660 pages, dent’s desk is the height of irrespon- ing and bathing with bottled water. not counting the annex that came on sibility. No matter how you boast The children are still suffering the aw- board Wednesday night as part of the about that, that is a fact. fulness of lead. It is so detrimental to bill? Shouldn’t we take a look at that? As was reported by the Washington little brains. There are all kinds of earmarks, little Post this morning, the New England He talks about the Zika virus. How goodies in that bill. We need to take a Journal of Medicine released findings sad that he would think that giving no look at it. Is there anything wrong from the study of the Zika virus. Here money to this program is a good deal. with that? I don’t think so. is what they found: Women infected I will talk about that in a little more We look forward to considering this with Zika early in their pregnancies detail. The Zika virus is extremely se- legislation. We did much better than may have as high as a 13-percent rious. It could affect as many as 39 of the Republicans. If you want to go chance of having a baby with our United States. There is no money. back, another little insight into his- microcephaly. What is that? The brain The President has said, and I will say tory—they not only fought going onto doesn’t grow. The skull caves in. It is a right now, we should not go on recess the bill, once we went on it, they devastating birth defect, involving while there is no money for Zika. The wouldn’t let us get off the bill. That is very small heads and incomplete devel- way things are set up under his great not where we are coming from. opment of the brain. plan, the Zika virus will be funded We have a lot of things to do. We Mosquitoes have caused problems in sometime this fall. The mosquitoes have to do TSCA. I hope he would find the world for generations—many gen- will be dead or gone home—wherever time in his busy schedule, his great ac- erations—but we have never had a re- that home is—by that time, and the complishments, to work on a bill we port that the mosquito would transmit American people will be infected. have been trying to complete. I worked a virus that would cause 13 percent of There was a mistake made by his on this bill for the first time 28 years pregnant women to have these de- staff dealing with renewable tax cred- ago in the Senate. I was chairman of formed babies. its, which is so important to the Pre- the subcommittee in the Senate. I did The Republican leader only needs to siding Officer’s State and other States, my best to take on the chemical indus- keep the Senate in session next week

VerDate Sep 11 2014 00:47 May 27, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.004 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3234 CONGRESSIONAL RECORD — SENATE May 26, 2016 so we can pass a stand-alone Zika fund- ity of enrollees in Arkansas are pro- I say to my friend the Republican ing bill that gives our country what it tected from premium increases. Why? leader, that is why today America has needs now, not this fall. We need to act Because ObamaCare tax credits actu- the lowest uninsured rate in the his- before local transmission starts occur- ally cap health insurance premiums for tory of the country. The uninsured rate ring in the continental United States. 85 percent of consumers. In Arkansas, is at 9.1 percent. That is the lowest That is going to be soon. Late this fall 87 percent of consumers receive tax rate ever. The facts are undeniable. will not do the trick. This fall is too credits that help make coverage afford- The Affordable Care Act is working. late. It is time to act, not take a break. able; 62 percent of Arkansas enrollees Will the Chair announce the business The Republican leader should not send had the option to select plans as low as of the day. the Senate out of session until we have $75 per month after tax credits. There done all we can to protect the Amer- are other ObamaCare provisions that f ican people from the threat of this hor- safeguard against these rates that are rible virus. out of line. Thanks to a provision with- RESERVATION OF LEADER TIME It doesn’t take into consideration the in the law, State leaders have the re- The PRESIDING OFFICER (Mr. other things we are just leaving: Flint, sources to conduct a thorough review ROUNDS). Under the previous order, the MI, opioids. There are so many things of the proposed rate increases. In Ar- leadership time is reserved. we are walking away from in this insti- kansas’ case, the State received $9.2 tution. million to study proposed premium in- f f creases. Now it is up to Arkansas’ Gov- ernor and insurance commissioner to NATIONAL DEFENSE AUTHORIZA- OBAMACARE do the job and examine their rate pro- TION ACT FOR FISCAL YEAR Mr. REID. Mr. President, I am so posals. State leaders have until August 2017—MOTION TO PROCEED happy to have my friend talk about 23 to approve final rates for the 2017 ex- The PRESIDING OFFICER. Under ObamaCare. I am happy to have him change plans. the previous order, the Senate will re- talk about that because he is making The Arkansas insurance commis- sume consideration of the motion to himself not look very good, and that is sioner, Allen Kerr, already made it proceed to S. 2943, which the clerk will a gross understatement. Yesterday the clear that he and the Governor are op- report. Commonwealth Fund released its posed to the hikes. Governor Hutch- The senior assistant legislative clerk fourth survey of ObamaCare. Here is inson is a well known, fine man. I read as follows: what they found: Since the enactment served with his brother and him in Motion to proceed to Calendar No. 469, S. of the Affordable Care Act, 28 million Congress. His brother was in the Sen- 2943, a bill to authorize appropriations for people have gained coverage either ate. fiscal year 2017 for military activities of the through marketplaces or Medicaid. In Allen Kerr said: Department of Defense, for military con- the last 3 years, the number of unin- Governor Hutchinson and I do not believe struction, and for defense activities of the sured Americans have been reduced by there is substantive justification for these Department of Energy, to prescribe military personnel strengths for such fiscal year, and 13 million people. Those are 13 million rate increases. For that reason, we expect to take action to deny the requested rate in- for other purposes. more people who have insurance now creases until there is sufficient justification Mr. REID. I suggest the absence of a than they had 3 years ago, and 82 per- to properly consider any rate increase. cent of American adults enrolled in quorum. Before we passed the Affordable Care The PRESIDING OFFICER. The private plans or government coverage Act, Americans in the individual insur- said they were satisfied with their clerk will call the roll. ance market were hit with double-digit The senior assistant legislative clerk plans. health premium increases every year Those numbers are further evidence proceeded to call the roll. without any exception. Back then, if Mr. COATS. Mr. President, I ask the Affordable Care Act is helping the the insurance company said you need American people. It is getting people unanimous consent that the order for to pay more, you either paid up or lost the quorum call be rescinded. insured, many for the first time in your insurance. Consumers had no re- their lives. Yesterday a woman came to The PRESIDING OFFICER. Without course. And they were charged more objection, it is so ordered. me and said: Thank goodness. I—a dia- because they had an illness the pre- WASTEFUL SPENDING betic—have been able to buy insurance vious year. They were charged more for because of ObamaCare. all kinds of reasons. And insurance Mr. COATS. Mr. President, I am back It is giving families important sub- companies could deny covering certain here for the 44th edition of ‘‘Waste of sidies so they can afford the plan they conditions all together—one is if you the Week.’’ I am starting to enjoy this, need, and it is providing options, allow- were a woman. and I hope someone else is, but what ing Americans to cater their health in- Now that Americans have we don’t enjoy is the fact that the gov- surance plans to their needs. Much has ObamaCare in their corner, insurers ernment is wasting taxpayer money. been made recently about premiums. can no longer charge more because you We have been documenting this for 44 My friend has made a big deal about are sick or deny coverage to someone weeks now, and we have come up with premiums, especially by Republicans who has a certain illness. All condi- a significant total that is approaching looking for any opening to spread mis- tions are covered, period. When insur- $200 billion of waste. information, falsehoods. They love to ance companies want premium in- People get up every morning, go to come and talk about ObamaCare, how creases, States have resources to fight work—put in a hard-day’s work if they horrible it is for the American people. back just like Arkansas, and when con- have a job—try to save money so they Allow me to set the record straight sumers decide that a plan is no longer can get the mortgage paid each month, again. At this point, we are all looking working, they can—and should—shop get the insurance covered, get the gas at proposed increases. This, of course, around. In fact, everyone should do all tank filled up in the car, and hopefully is preliminary information. they can to ensure that they are get- save a little money for their kids’ edu- Let’s consider Arkansas as an exam- ting the best deal possible. That is cation. But every time they get a pay- ple. I picked Arkansas because one of what these marketplaces are for—to check at the end of the week, they look the Senators from Arkansas is usually give the American people options. at it and see deductions for this, that, presiding, and I want him to hear this. The Republican leader should be em- and everything, such as State taxes, Three out of the four companies that barrassed by what he said this morn- Federal taxes, sales taxes, excise taxes, offer policies on Arkansas’ health in- ing. For all this misinformation said such as the tax at the pump, and on surance marketplace proposed high on the Senate floor almost every day, and on it goes. You can’t go to a gro- premium increases for their enrollees. the truth can’t be hidden: The Afford- cery store, clothing store, or any retail All of these increases were hikes of at able Care Act is keeping Americans in- store without getting a tax slapped on least 10 percent. Fortunately, for the sured and providing them options to everything you buy. That money comes people of Arkansas, the Affordable Care find health coverage that meets their to Washington as a Federal tax, and at Act helps. For starters, the vast major- needs. the very least, the taxpayer is due

VerDate Sep 11 2014 03:02 May 27, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.004 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3235 careful use of their hard-earned tax this issue. The only good news is that Here is a picture of it out in the dollars to fund the Federal Govern- very few people were watching, so what desert. There are literally hundreds of ment. There are essential functions difference does it make? I am here to thousands of mirrors out there all di- that the Federal Government and only talk about the waste of the week. I rected at this tower. This tower then the Federal Government can deal hope the pages enjoy this one. You reflects the heat bouncing off the mir- with—States participate with the pay- can’t make up some of this stuff. rors all directed in here toward the ment of interstate highways, along The Government Accountability Of- tower, which then boils water and then with some Federal support—and one of fice has the accountability of what we it produces through a steam turbine those functions is national defense. do with taxpayer dollars, and they that energy and send it out over the The minority leader was just talking keep pouring stuff out of here through wires to light up homes, factories, and about delays, delays, delays, and how the inspectors general, whose job it is provide electricity for people in Cali- we are not getting anything done. My to make sure the taxpayer dollars are fornia. colleagues and I have been standing spent accordingly for what they need That sounds pretty straightforward. around here all week waiting to move to be spent for, and they have a cat- Maybe it is a good idea. It probably on to one of the essential functions of egory called waste, fraud, and abuse. would have been good if they tested it government that has to be done every I have just been scratching the sur- out before they put the mirrors out year, and that is funding for our na- face of the waste, fraud, and abuse of there. If they had done that, maybe tional security and national defense. hard-earned taxpayer dollars. Those they would have learned some things. Through the use of parliamentary ma- dollars ought to go into the savings of What was the first thing they neuvers, the minority leader, who was our taxpayers and not sent here to learned? Nobody seemed to factor in just talking about not getting any- Washington to be wasted. I have been that the Sun doesn’t always shine in thing done, is the reason we are not down here 44 times talking about sepa- the desert because sometimes there are getting it done. rate wastes of the week, and it is out- clouds. As it turns out, one-third of the I can understand that there is an rageous. If this body does anything, we power they thought they would get issue that the other side doesn’t think should take the word of those in the they don’t get because it is cloudy. You should go forward and they want to use government who have pointed at agen- would think somebody would have said senatorial privileges and procedures to cies that have incorporated waste, before the government offered a $1.5 stop it from going forward. I mean, fraud, and abuse and deal with it. billion guarantee: What about the that happens on both sides of the aisle. Here we go with ‘‘Waste of the Week’’ cloudy days? They projected how much But national defense is something for 44. It is called the solar field of death. energy can be gotten to light up and It sounds like a movie—solar field of which we have bipartisan support. In provide electricity for California when death. This week we are looking at a the end, this bill will probably pass 98 the Sun is shining, but they are oper- solar powerplant that puts taxpayers to 2 or 100 to nothing. ating on the basis that the Sun is al- What the minority leader didn’t say on the hook for $1.5 billion. Here is the history. In 2011 the De- ways going to be shining. is that every Democrat on the defense How about nighttime? How much partment of Energy provided a $1.5 bil- committee, after spending hundreds of light or heat are we going to get di- lion loan guarantees for the develop- hours putting this together, supported rected toward those mirrors from the ment of a solar thermal field in Cali- it. Moon? Not very much, if anything. fornia called Desert Sunlight. We all The minority leader comes down here Clouds came to be a factor, and what know there is a lot of sunlight in the and says: We don’t know what is in it. desert. It is one of the largest solar we found out is that the plant is pro- His own people wrote this legislation, fields in the world. But most of us un- ducing only about a quarter of the en- along with Republicans, and in the end, derstand—and we see these solar fields ergy that was originally envisioned. the committee sanctioned it by voting I am not a scientist, and I am not and solar panels on top of some houses for it. Every Democrat on the com- somebody who has a specialty in alter- and commercial buildings—that these mittee voted for this bill, and now the native energy, but I think I would have solar panels absorb sunlight and turn it minority leader comes down to the had the gumption to say: How about into energy, and that is an alternative floor and says: We don’t know what is energy to what we usually get from a clouds? Are these projections that you in it. Why don’t you talk to your own powerplant burning coal, gas, or what- have made regarding the kind of en- people? Why not talk to the people you ever. ergy that is going to be produced going have assigned to this committee? Environmentalists like this because to be cost effective so that the tax- I can understand why he doesn’t want it doesn’t use coal. There has been a payer is not on the hook? Apparently, to read every word of this bill—I don’t war on Coal and a war on fossil fuels, somebody didn’t figure that out be- think he reads every word of any bill— but what really surprises me is the war cause we are only getting a quarter of but I don’t understand why he is using on natural gas, which has just a frac- what we thought we were going to get that tactic to keep us from going for- tion of the carbon emissions that come out of it. ward with something the Federal Gov- out of fossil fuel. Nevertheless, alter- What the company did is say: OK. We ernment must provide for—our de- native energy is something the govern- are not getting what we wanted, but we fense—at a time when threats are as ment has been pursuing, but we would need an extension. We need extensions high as we have ever seen. The world is like them to pursue that in a way that on payments to the Federal Govern- on fire, and we need a strong national is economically feasible and doesn’t ment because the plant isn’t gener- defense. Both Democrats and Repub- put the taxpayer at such great risk. ating the kind of energy needed and licans understand that, and yet we Well, the Obama administration es- therefore not getting the kinds of prof- have wasted an entire week because sentially, in its war on coal, has said: its from the users of electricity for us the minority leader has used proce- Look, go on out there, and we will put to pay back the loan. So the Obama ad- dural motions to keep us from even up loan guarantees. Do your thing. Ex- ministration said: Yes, we are for alter- talking about the bill. This isn’t pas- periment, et cetera, et cetera, et native energy. Go ahead. We will ex- sage of the bill; this is not amending cetera, and if it fails, don’t worry—the tend this. They did extend the pay- the bill; this is about the ability to taxpayer will back it up because we ments. Earlier this year, the California come here and start talking about the have given a guarantee to some of Public Utilities Commission gave the bill. these companies with ideas. plant a lifeline, giving it 1 more year to I didn’t come down here to discuss Some of the ideas have worked, some fix the problems. this particular issue; I came down here have been cost-effective, but many Another problem was that while pro- to talk about how money that is sent fewer than people thought. This one duction improved, the average price for here by taxpayers is used and the waste was supposed to be the ultimate. They a megawatt hour of electricity from and misuse of that money. But you said: Let’s go out in the desert. The the plant was $150. Compare that with can’t sit here very long and listen to Sun shines all the time, and we will the price for a megawatt, the same the minority leader without some re- not put solar panels out there, but in- amount of energy, on natural gas, sponse to his nonsensical approach on stead we will put out mirrors. which is $35. The customers said: Wait

VerDate Sep 11 2014 00:47 May 27, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.006 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3236 CONGRESSIONAL RECORD — SENATE May 26, 2016 a minute. I am paying a utility bill at Think what this $1.5 billion could be measurable sacrifice. While we carry the rate of $150 per megawatt hour of used for if it could be left in the hands on the tradition of Memorial Day, let electricity, and if we were using nat- of the taxpayer for whatever use—to us never forget that every day is a ural gas, we would only pay $35. So pay the mortgage, send the kids to chance to thank and honor our patriots what is the deal here? It turned out school—or if it could be used for com- in uniform. that alternative energy, while it is al- mon defense, protecting the American Last week I had the honor of attend- ternative, also is not cost effective. people from terrorist attacks or essen- ing the final sendoff for two of Ne- The assumption is that we are saving tial functions or repairing bridges or vada’s very own at Arlington National on carbon emissions. OK. Well, that paving some roads. Cemetery. I would like to speak about didn’t work either. For starters, it It is like driving in a third world one of them. His name is Bob Wheeler. takes the boilers that they have to country here in Washington, DC. There Bob Wheeler was a patriot in every heat up because, of course, it is night- are potholes one wouldn’t believe— sense of the word. He joined the U.S. time and the mirrors aren’t reflecting cracks in the roads. Bumping along, I Air Force in November of 1962, serving any Sun that reflects heat that causes see people’s hubcaps flying off cars and in the pararescue career field. He was the water to boil and then to be used to people pulled over to the side because recognized as a true innovator in his turn the turbines to produce elec- their tire is blown out. I blew out two leadership position, opening the door tricity. It takes 4.5 hours every day to tires a year ago for the same reason. for free-fall parachuting and combat get up to speed. Guess how they do No environmental activist, fiscal tactics. He led by example, working that? They have to use natural gas to conservative, or rational person should diligently and earnestly to help those get it to the point where then the Sun continue to support solar field of around him and to protect our country. can add more to it. Maybe somebody death. So I am labeling this as a waste Bob was credited with saving 28 lives didn’t figure that out, either. of the week. The Obama administra- throughout his career, including vul- In 2014, the plant emitted 46,000 met- tion continues to refuse to admit any nerable aviators who had crashed and ric tons of carbon—nearly twice the of these half-baked—in this case fully distressed seamen in the Vietnam war. amount of carbon that power plants fried—ideas that don’t succeed. They He received the Distinguished Flying can emit under California State law. are continuing to advocate for the Cross for Valor, the Airman’s Medal, So the State said: Here’s the limit of solar field of death rather than put tax- numerous commendation medals, 17 what you can emit in carbon, but payer money to better use. Air Medals and SEA Service ribbons. thank goodness we have this solar field So here we go, adding $1.5 billion to His 20 years of service and bravery will because that doesn’t issue any. Well, it a waste of taxpayer money, putting us never be forgotten. issues twice as much as what they were to $172 billion of accountable money These are the types of men and getting out of natural gas. That appar- spent through government agencies’ women our armed services are made up ently didn’t get figured in. of, and they live across this Nation in People say: Well, there is an environ- waste, fraud, and abuse. each and every State representing us in mental advantage here. This environ- With that, Mr. President, I yield the this body. mental advantage means we don’t have floor. I had the pleasure of working with to put carbon in the air, and it is going The PRESIDING OFFICER. The Sen- Bob Wheeler personally. He served on to be a much cleaner source of energy, ator from Nevada. Mr. HELLER. Mr. President, are we my Nevada Veterans Advisory Council. and there will not be any adverse ef- in morning business? We worked as a team along with the fects on the environment. They have to The PRESIDING OFFICER. The Sen- rest of the council to help improve re- also factor in that there are birds that ate is postcloture on the motion to pro- fly in the air—a lot more birds than sources for Nevada’s veterans commu- ceed. you might think. The heat has killed nity. His firsthand knowledge of com- Mr. HELLER. I ask unanimous con- over 3,500 birds each year. They fry to bat and veterans’ needs cannot be rep- sent to speak as in morning business death because there is so much heat re- licated. He was one of a kind, and I am for up to 6 minutes. flected from those mirrors, and it is a thankful to have had him as an ally The PRESIDING OFFICER. Without huge field. The birds are probably at- helping Nevada’s veterans. objection, it is so ordered. tracted to the light, and by the time That is why I am disappointed to they get into this field, it is like going MEMORIAL DAY hear the head of the VA, Secretary into a deep fat fryer. Mr. HELLER. Mr. President, every Robert McDonald, comparing the wait In Indiana there is a saying that if day that I drive into Washington, DC, times veterans experience at the VA you can fry it, you can eat it. I have coming here to work, I pass by the Iwo for health care appointments to the seen pictures of these fried birds. Trust Jima Memorial and Arlington National wait times at Disney theme parks. It is me, we don’t want to eat them. But $1.5 Cemetery. It is a humbling reminder of totally inappropriate, and it is inexcus- billion in taxpayers’ money has been the valiant men and women from able. It shows there is still a culture spent for a solar field of death that across this Nation who have answered and attitude inside the VA that needs kills thousands of birds each year, the call of duty in two world wars, the to be changed. The mission of the VA doesn’t produce much energy, and wars in Korea, Vietnam, the Persian should be serving the veterans, not then, finally, sets itself on fire. I am Gulf, Iraq, Afghanistan, and numerous finding ways to avoid accountability. not making this up. They had the mir- other conflicts waged to keep America With the words ‘‘To care for him who rors redirected the wrong way, so it hit free. It constantly reminds me that the shall have borne the battle and for his the cables that were providing the ongoing fight to care for our Nation’s widow, and his orphan,’’ President Lin- source for the energy to go down, and veterans is my duty and my responsi- coln affirmed the government’s obliga- the cables caught on fire. I had a pic- bility as a Member of the U.S. Senate. tion to care for those injured in war ture with the tower on fire, but we These fearless warriors had moms and to provide for families who gave didn’t bring it down here. and dads of their own. They had sons, the ultimate sacrifice. Congress will do What a boondoggle. I mean, look, is daughters, loved ones, neighbors, and this by working diligently on behalf of this interesting? Yeah. Is this funny? friends, but they selflessly made the ul- those who served and survived, which Yeah, but this is taxpayer money. This timate sacrifice for all of us. is why one of the greatest privileges of is a waste of $1.5 billion of taxpayer- They stood against tyranny, fought serving Nevada in this body is the op- guaranteed money. This is money that oppression and injustice, defended lib- portunity to sit on the Senate Vet- people send to Washington after a hard erty with the highest measure of erans’ Affairs Committee. week’s work. So, while it is interesting honor, valor, and courage. They dem- Recently I joined my colleagues to to talk about fried birds and mirrors onstrated the greatest love a person introduce the Veterans First Act. It fo- redirecting the energy to the tower can have by laying down their lives for cuses on improving the delivery of care that catches on fire, the clouds coming our country. and benefits to our Nation’s veterans over, and so on and so forth, the seri- The greatest honor we can bestow on and their families. Specifically, I ous issue here is it is yet another waste our men and women in uniform and championed causes that reform the VA of taxpayer money. their families is to remember their im- disabilities claims process and create a

VerDate Sep 11 2014 00:47 May 27, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.008 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3237 system that can withstand surges in deadly form of lung cancer called South Dakota, Washington, Massachu- disability claims without generating mesothelioma. That is when micro- setts, or New York; it does not mat- another claims backlog. scopic asbestos fibers, which are invis- ter—the States would be free to do I also sought to implement a new, ible and stay suspended in the air, get more if they felt a particular chemical voluntary 5-year pilot program to help deep into the lungs of so many people, was harming their population. reduce the large backlog of appeals at including children. They breathe these I always thought that States’ rights the Veterans Benefits Administration. fibers deep into the lungs, where those were big around here. Well, when you I want to establish a new channel fibers cause serious damage. read that bill, in 2013, I will tell you, it whereby veterans can expedite their Another example brought to me by looked like it was written by the chem- appeal instead of having to wait 2 to 4 my brave firefighters in San Francisco ical companies. I could never support years for a decision by the Board of is flame retardants. That is another it. That bill was a travesty. It was a Veterans Appeals. category of dangerous chemicals that disaster. I fought it every step of the Finally, I want to ensure that all has been linked to a wide array of seri- way. Again, there was sweeping pre- those veterans and their families are ous health problems, including cancer, emption of my State’s ability and cared for, which is why this bill in- reduced IQ, developmental delays, obe- every State’s ability to protect citizens cludes provisions to reimburse VA- sity, and reproductive difficulties. from harmful chemicals. funded shelters for the care of children These harmful chemicals have been Again, it was a very weak standard of homeless veterans. added to dozens of everyday items such for evaluating chemicals. The way it On behalf of the State of Nevada, the as furniture and baby products. worked was really incredible. If a U.S. Senate, and the United States of Now, we know there are flame chemical was just being looked at by America, I express my sincere grati- retardants that are way safer. We know the EPA, States were out of the pic- tude to the families of all Nevadans we can do better than we have done so ture—out of the picture. So, S. 1009, in who have given their lives in the line of far. Again, I want to say that the San my opinion and in the opinion of many duty. I assure you that your loss will Francisco firefighters who gave testi- experts who helped me throughout all never be forgotten, and I thank and mony in my EPW Committee when I this—the nurses and doctors who cared, commend each of the brave Nevadans was chairman about the cancer rates all kinds of wonderful environmental currently serving in our Armed Forces, they are experiencing believe it is di- groups, and the Breast Cancer Fund; as well as their families, for their sac- rectly related to flame retardants. and I will list those later—they helped rifice. But my gratitude extends across So, again, reforming TSCA, which is me. I realized again that that bill— the Nation to all veterans and their the Toxic Substances Control Act, is that original bill—would have had no families. We owe all of you a debt of not about a theory. It is about our fam- controls whatsoever and given the thanks that can never be repaid. ilies. It is about being a part of a can- chemical companies the green light to May God bless our troops, and may cer epidemic that we have to get under do whatever they wanted regardless of He continue to bless this great coun- control. its impact on the health of our people. try. Now, we know that the TSCA bill, as Again, the States were left completely Thank you, Mr. President. it was written so many years ago—in out of the picture the minute the EPA I yield the floor. the 1970s—was very weak. It was impos- announced they were looking at a The PRESIDING OFFICER. The Sen- sible for the EPA really to regulate chemical. That situation, I could never ator from California. any chemical because the standard was have allowed to continue. I stopped the bill from moving for- FRANK R. LAUTENBERG CHEMICAL SAFETY FOR so weak. They could not prove that it THE 21ST CENTURY BILL needed to be regulated. ward while I negotiated to get rid of its Mrs. BOXER. Mr. President, we are Therefore, that bill has needed to be flaws. Now, this is the first time I have working behind the scenes to allow a reformed for so many years. When the ever stood here and said I stopped a vote on H.R. 2576, the Frank R. Lauten- Federal Government, in essence, had bill. I am known as a legislator. I want berg Chemical Safety for the 21st Cen- no program or very little program, the to find the sweet spot. But we didn’t tury Act. My understanding of the sta- States stepped in to fill the void. My find the sweet spot until just recently, tus of this vote is that we are fine on State, thankfully, was one of the I am happy to say. But it was a very the Democratic side, but there is an ob- States that stepped in to fill the void. lonely battle at times—just a couple of jection to moving to it on the Repub- Several States did so. About a dozen people working with me here. One per- lican side. I am hopeful this can be re- States, roughly, had strong programs son even said I was the most unpopular solved because this bill has been the to regulate these chemicals. person because I was not getting out of most complicated, difficult, and emo- So I knew that these States were the way. But that is not why I am here. tional journey that I have ever had in doing a good job. I knew if we were to I can’t get out of the way of a bad bill. the Senate. pass a Federal bill, we had to allow the Now, when the Republicans took the The fact that we have reached agree- States to continue their good work. gavel of EPW, the Environment and ment—the vast, vast majority of us— But when the Lautenberg-Vitter TSCA Public Works Committee, a new bill, S. showed in the House vote, where I bill was first introduced, shortly before 697, was introduced by Senators UDALL think there were only about 1 dozen Frank Lautenberg passed away in 2013, and VITTER. I looked at that bill. I ‘‘no’’ votes. I think it is ripe for a vote. something was terribly wrong. There swear, I said it looked like it was writ- When you talk about regulating chemi- was total preemption of State action. ten by the chemical companies. Again, cals—toxic chemicals—it is not just an The standard for the Federal bill was I was heartbroken. Sure enough, a academic discussion. It has real-life so weak that we would just have noth- story broke in the Hearst newspapers consequences. When you name a bill ing going on. We would have a bill in entitled: ‘‘Questions raised on author- after Senator Frank Lautenberg, who name only, a law in name only. Noth- ship of chemicals bill.’’ fought for the environment all of his ing would be able to be regulated. Now, I ask unanimous consent to have life, it better be a bill worthy of his I had worked previously with Frank that article printed in the RECORD. There being no objection, the mate- name. Lautenberg on four TSCA bills dating rial was ordered to be printed in the The cost of toxic chemicals to soci- back to 2005. Every one of those bills RECORD, as follows: ety is enormous. It is not only in terms before that 2013 Lautenberg-Vitter bill of dollars but in terms of pain and suf- was strong and took the side of the [From the Hearst Newspaper, Mar. 16, 2015] fering. They have extracted a very, American people, not the chemical QUESTIONS RAISED ON AUTHORSHIP OF CHEMICALS BILL very high cost on our people. companies. It never preempted the (By David McCumber) Let me give you a few examples, be- States. cause sometimes we talk in technical- What it basically said is that we will WASHINGTON.—It’s certainly well-known in Washington that when it comes to the mak- ities. I want to talk in realities. Asbes- set a floor, as we do in most environ- ing of the sausage, lobbyists frequently have tos is one of the most harmful chemi- mental laws. If the States want to do their thumbs in the pork. But usually, they cals known to humankind. It takes more to protect their people—whether don’t actually leave their electronic signa- 15,000 lives a year. It is linked to a your State is California, North Dakota, tures on bills.

VerDate Sep 11 2014 03:02 May 27, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.009 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3238 CONGRESSIONAL RECORD — SENATE May 26, 2016 The elaborately titled Frank Lautenberg their copy did as well. A Senate IT staffer cerned Scientists; the Environmental Chemical Safety for the 21st Century Act told Boxer’s office, ‘‘We can confidently say Health Strategy Center; Safer States; makes its debut at a Senate Environment that the document was created by a user Earthjustice; Seventh Generation; a re- and Public Works Committee hearing with American Chemistry Council. Their productive health letter; and a letter Wednesday. It’s a high-stakes bill: If it be- name is specified as Author and their Orga- comes law, it would be the first update in 39 nization is specified as American Chemistry from the Center for Environmental years of federal regulation of toxic sub- Council.’’ Health? They are all in here. stances like asbestos, formaldehyde and hun- The Vitter-Udall version of the bill is ex- There being no objection, the mate- dreds of other chemicals. pected to gain enough bipartisan support to rial was ordered to be printed in the In recent days, a draft of the bill—consid- pass out of committee to the Senate floor. RECORD, as follows: The bill’s fate from there is uncertain, and ered the product of more than two years of LETTERS OF CONCERN ON S. 697 negotiation and collaboration between Sen. some of the Boxer-Markey provisions could David Vitter, R–La., Sen. Tom Udall, D– possibly be included in the final bill. Letter from Massachusetts Attorney Gen- N.M., and both chemical industry and envi- In its current form, the bill is opposed by eral Maura Healey Letter from the Attorneys General of New ronmental groups—was circulated by Udall’s many environmental, health and labor orga- York, Iowa, Maine, Maryland, Oregon, and office ahead of the hearing. The draft bill, nizations and several states, because it Washington obtained by Hearst Newspapers, is in the would gut state chemical regulations. Letter from Brian E. Nelson, General form of a Microsoft Word document. Rudi- Mrs. BOXER. According to this story: Counsel, Office of California Attorney Gen- mentary digital forensics—going to ‘‘ad- [T]he draft bill, obtained by Hearst News- eral vanced properties’’ in Word—shows the papers, is in the form of a Microsoft Word Letter from the California Environmental ‘‘company’’ of origin to be the American document. Rudimentary digital forensics Protection Agency (Cal EPA) Chemistry Council. . . . shows the ‘‘company’’ of origin to be the Letter from Washington State Department The ACC, as the council is known, is the American Chemistry Council. of Ecology leading trade organization and lobbyist for Letter from Vermont Attorney General’s the chemical industry. And opponents of the Imagine: The bill that was being cir- office Vitter-Udall bill have pounced on the docu- culated came right out of the computer of the American Chemistry Council. Letter from Safer Chemicals, Healthy ment’s digital fingerprints to make the point Families that they believe the bill favors industry far How could anyone believe it was a fair Letter from American Association for Jus- too much. and just bill that protected the public? tice (AAJ) ‘‘We’re apparently at the point in the That document was not simply a set of Letter from Asbestos Disease Awareness minds of some people in the Congress that comments by the chemical industry. It Organization laws intended to regulate polluters are now was circulated as the most current Letter from the Breast Cancer Fund written by the polluters themselves,’’ said Letter from the American Sustainable Ken Cook, president of the Environmental draft of the bill at the time. Everyone will see the story, and I commend the Business Council Action Fund Working Group, who will testify against the Letter from the Environmental Working bill at Wednesday’s hearing. reporter for doing this deep investiga- Group ‘‘Call me old-fashioned, but a bill to pro- tion. But I never gave up on the bill. I Letter from 25 Law Professors tect the public from harmful chemicals continued to negotiate with my col- Letter from Health Care Organizations on should not be written by chemical industry leagues. S. 697 lobbyists. The voices of our families must I commend Senators WHITEHOUSE, Letter from the Union of Concerned Sci- not be drowned out by the very industry MERKLEY, and BOOKER. They went for- entists whose documented harmful impacts must be Letter from Environmental Health Strat- addressed, or the whole exercise is a sham,’’ ward and negotiated some significant fixes to that disastrous bill as it moved egy Center Sen. Barbara Boxer, D–Calif., said Monday. Letter from Safer States Boxer, who chaired the committee when through the EPW Committee. Their Letter from Earthjustice the Democrats held the majority, and Sen. improvements were very important but Letter from Seventh Generation Edward Markey, D–Mass., have introduced still many serious flaws remained. My Reproductive Health Letter an alternative version of the bill with much State of California and other States Letter from Center for Environmental more stringent regulatory provisions. that had programs to regulate chemi- Health. Udall’s office was a little indignant and somewhat embarrassed Monday. ‘‘That docu- cals and all these public interests— Mrs. BOXER. The history of this bill ment originated in our office,’’ said Udall’s probably 450 public organizations that must be made permanent in the record. communications director, Jennifer Talhelm. protect the health of our children, of It started out as a disaster, and it got ‘‘It was shared with a number of stake- our families, of our elderly, of our dis- to a point where it is better than cur- holders including at least one other senator’s abled—were all strongly against it. rent law. That makes me very happy. office. One of those stakeholders was the Mr. President, I ask unanimous con- The negotiations on the bill continued. ACC. sent to have printed in the RECORD a Again, several Members helped us, and ‘‘We believe that somebody at the ACC list of letters from States and many or- saved the document, and sent it back to us,’’ we still had problems with the bill. Talhelm said, accounting for the digital ganizations demonstrating the opposi- We tripled our efforts to improve it. trail. ‘‘Sen. Udall’s office has been very, very tion to and concern with the bill. I want to say that the 450 organizations engaged with bringing various stakeholders You can see what the opposition was, that were part of the Safer Chemicals, to the table as part of the process of writing and still colleagues said: No, no, no, Healthy Families coalition worked the best possible bill,’’ Talhelm added. ‘‘This Senator BOXER, you are unreasonable. with me. They were the wind at my is just one example.’’ Well, really, was I unreasonable when back. Earlier this month, a New York Times we had letters against the bill and let- My staff, the EPW staff director and story detailed Udall’s alliance with the ters expressing concern from the Mas- chemical industry on the bill. In that story, chief counsel, Bettina Poirier, and my ACC President Cal Dooley, a former Cali- sachusetts attorney general; letters senior policy adviser, Jason Albritton, fornia Democratic congressman, said ‘‘the from the attorneys general of New were incredible. leadership (Udall) is providing is absolutely York, Iowa, Maine, Maryland, Oregon, I also thank the Asbestos Disease critical’’ to the industry. and Washington; a letter from the Of- Awareness Organization. On Monday, ACC spokeswoman and vice fice of the Attorney General of Cali- As I said before, asbestos is one of president Anne Kolter said, ‘‘It doesn’t mean fornia; the California Environmental the most dangerous chemicals in exist- the original document was generated here. Protection Agency; the Washington ence today. It is the poster child for Anyone could have put that (digital signa- ture) in there. You could change it.’’ State Department of Ecology; the the failure of the old TSCA law that we Asked if that meant she was denying ACC Vermont attorney general; a letter are reforming. wrote the document, she said, ‘‘I have no from Safer Chemicals, Healthy Fami- These organizations and States stood idea. . . . There’s no way for anyone to tell.’’ lies; the American Association for Jus- strong despite enormous pressure. ‘‘You’re not the first reporter to ask about tice; the Asbestos Disease Awareness They took a lot of heat. I am so grate- this,’’ she said. ‘‘We’ve been able to raise Organization; a letter from the Breast ful to them for their persistence be- enough questions’’ that nobody else has writ- Cancer Fund; the American Sustain- cause—let’s be clear—without their ten about it, she added. Cook of the Environmental Working Group able Business Council Action Fund; the persistence, without just a few law- said the copy of the draft he received bore Environmental Working Group, which makers who had the courage to stand the same electronic signature, and a Boxer opposed it; 25 law professors; health up to the special interests, we never staffer on the committee confirmed that care organizations; the Union of Con- ever would have been able to negotiate

VerDate Sep 11 2014 00:47 May 27, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.002 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3239 improvements to this bill—so many States because of perhaps the oil indus- All of these fixes make the bill better improvements to this bill. try or fracking or something and if the than current law. I want to be clear that a lot of these State has a reason to do more, it can Looking forward, I think it is impor- organizations still think the bill is too go get a waiver. We made that waiver tant to note that the new TSCA law— weak and still would like to see it a lot easier for States than when it which I am so hopeful will pass today, stronger, and so would I. originally came to us. if we can—will only be as good as the If I could write this bill myself, I The first 10 chemicals that EPA eval- EPA is good. With a good EPA we can would use the usual formula we have uates under the bill are also exempted deliver a much safer environment for for environmental laws. We set a stand- from preemption until the final rule is the American people, safer products, ard. We set a floor. People have to issued. This is very important because less exposure to harmful toxics, and abide by it. But if the States feel they the EPA is already studying about 10 better health for our people. can do more, they should be able to. chemicals. State or local restrictions With a bad EPA that does not value In this bill, although the States now on a chemical that were in place before these goals, not much will get done. have a tremendous amount of leeway, April 22, 2016, will not be preempted. So But if there is no action—I want to un- they don’t have 100-percent leeway. if any one of your States took action derscore this—States will be free to act That is why there is still opposition— on a chemical before April 22, 2016, and that is a very important point. My not so much in the Senate but with they will not be preempted. message to the States is this: Do not some of the organizations. But I have The second area of improvement con- dismantle what you have going. Rev it to say to them that this is a bill that cerns asbestos. I fought hard to ensure up because you still have the ability to I believe is better than current law. that dangerous substances like asbes- be leaders on protecting your citizens There was a 24/7 commitment from tos are prioritized to get the attention from toxic chemicals. my staff. They worked Friday nights, they deserve from regulators. I talked Compared to where we started, the Saturdays, Sundays—constantly. They about asbestos as one of the most improvements in this bill provide a constantly worked well with Senator harmful substances known to human- much better balance between the INHOFE’s staff to get the best bill we kind. I believe it should have been States and the Federal Government. could. banned a long time ago. I support an But let me be clear again, in case I My staff, as do all of us, have strong immediate ban and will introduce a wasn’t clear enough. If I had written family obligations and responsibilities. standalone bill to do just that. But the this bill on my own, I would have mod- eled it after other environmental laws, So I just wish to take a minute to prioritization in this bill is a start. thank their families for sharing them The third area of improvement in- such as the Clean Air Act and the Safe with us, because they missed family cludes cancer clusters. We added a pro- Drinking Water Act, where the Federal time. They did it for the good of all of vision—which was based on my bill Government sets a floor and the States are free to set a higher bar. The bills the children in the country, because with Senator CRAPO, the Community that I worked on with Frank Lauten- when we control these toxic chemicals Disease Cluster Assistance Act, or berg did not put an unprecedented ceil- and we protect our children, it is going Trevor’s Law—that provides localities ing on how much we could protect the to help everybody. that ask for it a coordinated response people. Having said all of that, there I am for this bill because we made to cancer clusters in their commu- are so many chemicals out there that amazing improvements to it, and I am nities. are not being looked at or studied. going to highlight these improvements. I wish to say to Trevor, who may be No. 1, the first major area of im- I believe a good EPA, working with listening: Thank you, Trevor. He came the States, can make a major improve- provement is in the preemption of forward and he told his story. States. I said before that if I had writ- ment if this bill is carried out with a Fourth, persistent chemicals that sense of purpose and commitment. The ten the bill, I would have no preemp- build up in the body are a priority in tion. I would set the floor and let the journey to this moment has been the this legislation. most difficult journey I have ever had States make it even better. We were Fifth, the bill ensures that toxic to take on any piece of legislation. unable to get that. But here is what chemicals that are stored near drink- I see the majority leader on the floor. the facts are. The States are free to ing water are prioritized. Remember He and I worked hard on the transpor- take whatever action they want on any that in 2014 West Virginia lost their tation bill, and that was a long and chemical, and there are many—thou- drinking water supply because there winding road. This one was much more sands, tens of thousands. The States were chemicals stored right near that difficult. are free to take whatever action they drinking water supply, causing havoc But I can honestly say to you today want on any chemical until the EPA and disruption. that there were so many committed has taken a series of steps to consider I thank the two Senators from West people in the Senate and House—Mem- a particular chemical. That is the first Virginia for supporting me on that. bers of both parties. I really do have to thing. They are free on any chemical Sixth, the bill enables EPA to order give a shout out to Leader PELOSI, the they want until the Federal Govern- independent testing if there are safety Democratic leader, to STENY HOYER, to ment announces that they are studying concerns about a chemical, and those FRANK PALLONE, and to all of those on certain chemicals. tests will be paid for by the chemical the House side who worked so hard, and No. 2, when EPA announces the manufacturer. The EPA, if they have to their counterparts in the Republican chemicals they are studying, the concerns, regardless of their program, Party. In the Senate, there is Senator States are still not shut out. They have can go into a chemical company and INHOFE, and there are Senators from up to a year and a half to take action say: We see that you have been using my committee from both sides of the on these particular chemicals to avoid this chemical more, and we are worried aisle without which we would not be preemption until EPA takes final ac- about it. We order you to provide for us here. To the staffs, to the public inter- tion. So if there is no chemical being a very unbiased, independent analysis est organizations, and to the States, we studied, they can study any chemical of whether it is safe. have scored a significant step forward in the States, and they can control any I thank Members in the House for for the American people. chemical. When EPA announces steps, working hard with us on this impor- I hope this bill will come before us they still have a year and a half to ban tant improvement, and that is Mem- today. If it does, I will vote yes. If it that chemical until we see the results bers on both sides of the aisle. comes to us after recess, I will vote of the Federal Government. Finally, even the standard for evalu- yes. No. 3, even after EPA announces its ating whether a chemical is dangerous But I really wanted to make this regulation, the States can still have a is better. The bill requires EPA to statement because I think the history waiver so they can still regulate the evaluate chemicals based on risk—not of this bill is clear to me. I think that chemical. They will have to make the cost, risk—and considers the impact on history is being rewritten by some case. For example, if the EPA decides vulnerable populations. This is very about this bill. And I wanted to make to do very little regulation of a chem- critical because the old law was use- sure I put into the RECORD all the prob- ical that is very present in one of our less. It was thrown out in court. lems we had at the beginning and all

VerDate Sep 11 2014 00:47 May 27, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.012 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3240 CONGRESSIONAL RECORD — SENATE May 26, 2016 the improvements we obtained at the That is why we must pass the Frank dressed as a broccoli for Halloween and end. R. Lautenberg Chemical Safety for the of Marc playing his favorite guitar. I thank the Chair for his patience, 21st Century Act. It will be a working They have inspired us to keep going, to and I yield the floor. chemical safety law for the whole recognize that this legislation has a I suggest the absence of a quorum. country—for our families, for our chil- tremendous impact on real people. The PRESIDING OFFICER. The dren. We will, for the first time, have a Thanks to Lisa and Dominique and the clerk will call the roll. cop on the beat when it comes to safety many others who care about a safe en- The senior assistant legislative clerk and protecting our children and our vironment, healthy kids, the safety of proceeded to call the roll. communities from dangerous chemi- the clothes we wear, the pots and pans Mr. UDALL. Mr. President, I ask cals. For the first time in 40 years, we we cook with, and the substances we unanimous consent that the order for are going to have that cop out there breathe, we finally have an oppor- the quorum call be rescinded. working hard to make sure our fami- tunity to pass a law that will keep our The PRESIDING OFFICER (Mr. lies are safe. kids safe from dangerous chemicals. RUBIO). Without objection, it is so or- Getting here has taken years—years TSCA was enacted in 1967 and was dered. of negotiations and collaboration, one of the major laws of the 1960s and Mr. UDALL. Mr. President, recently working with stakeholders across the 1970s. That was when Rachel Carson we have had some very welcoming news country. Now, Congress can send the and environmental leaders who worked out of the House of Representatives on President a strong, bipartisan environ- with her opened our eyes. They showed the Toxic Substances Control Act. The mental reform bill, and he will sign it us how air pollution, water pollution, House passed that in the last several into law. There is no doubt about that and chemicals in our environment were days 403 to 12—a wonderful, large, bi- from the statement put out by the ad- affecting our health and changing eco- partisan majority—and I am glad we ministration on this bill. In fact, I systems right in our backyards. TSCA are going to proceed to TSCA some- think they called it landmark reform was supposed to protect American fam- time soon and deal with the legislation by the Congress. ilies, but it didn’t. on the Senate floor. The EPA has commented on the bill. Since 1976, thousands of chemicals a Mr. President, most Americans be- They stated: year have been manufactured and re- lieve if they buy a product at the gro- [This bill] is a clear improvement over cur- leased onto the market without a safe- cery store or a hardware store, the gov- rent law and is largely consistent with the ty evaluation and without meaningful administration’s principles for TSCA reform. ernment has tested it and determined regulation. In over four decades, the it is safe. Until now, that has not been Critically, the bill would address the funda- mental flaws that have hindered EPA’s abil- EPA has been able to restrict just five true. We are exposed to hundreds of ity to protect human health and the environ- chemicals and has prevented only four chemicals in our daily lives. In count- ment from chemical risks. chemicals out of tens of thousands less ways we can breathe, eat, and The administration has also put out from going to market. It took 40 years drink chemicals. They can be absorbed a statement of policy saying that it to fix this broken system. Now we have through our skin, even from common ‘‘strongly supports’’ this legislation. historic reform—decades in the making household items. Some are toxic, but Americans have been calling out for and decades overdue. almost none are regulated. this reform for decades. They under- Here are some of the ways we are re- Let me cite now a couple of exam- stand we need a national solution to forming this broken law and replacing ples. There are flame retardants in our broken chemical safety law be- it with a working safety program: your sofa and in other furniture that cause they have seen the impacts first- Under the old TSCA, reviewing get up into the air when pressure is put hand, like Dominique Browning, who chemicals was discretionary. This new on the furniture. There is formalde- works with Moms Clean Air Force. She law requires that EPA methodically re- hyde in pressed-wood floors and car- survived kidney cancer and now wants view existing chemicals for safety, pets, glues and adhesives even in a safer place for her kids. When she starting with the worst offenders. noniron shirts. There are the PFOA asked her doctor what caused her ill- The old TSCA required that the EPA compounds from the nonstick coating ness, he said: consider the costs and benefits of regu- on your frying pans and bakeware. It’s one of those environmental ones. Who lation and then study the safety of Most water bottles are BPA-free now, knows. We are full of chemicals. chemicals. This new law requires that but you still find BPA in your credit And Lisa Huguenin. Lisa is a Ph.D. the EPA consider only the health and card receipts. Some laser printers give scientist who has done work on chem- environmental impacts of a chemical, off ultrafine particles like volatile or- ical exposure at Princeton and Rutgers and, if they demonstrate a risk, the ganic compounds that can cause seri- and at the State and Federal level, but EPA must regulate it. This new law ous health problems. I could go on and it isn’t what she saw at work that mo- states that when it considers the safety on and on with the list of chemicals tivated her to work for reform. It was of a chemical, the EPA must evaluate out there in our society that citizens what she saw at home. Lisa’s 13-year- how it would impact the most vulner- are exposed to every day. old son Harrison was born with autism able—pregnant women, infants, the el- As a result of that exposure, we carry and other autoimmune deficiencies. derly, and chemical workers. these chemicals around in our bodies, Five years ago, Lisa testified before The old TSCA put burdensome re- even before we are born, but we don’t Senator Lautenberg’s subcommittee on quirements on the EPA. To test a know the full impact they are having the need for reform. Since then, her chemical, the EPA had to show it posed on our health because in the last 40 husband Marc has undergone tests for a a potential risk, and then it had to go years only a handful have ever been re- rare and newly discovered disease that through a long rulemaking process. viewed for safety. The EPA lacks the wasn’t even known to exist when she Our new law gives the EPA new author- ability to evaluate and the authority testified. So she is eager to see TSCA ity to order testing without those hur- to regulate, even though some have reform be signed into law. dles. linked many of these chemicals to var- Lisa recently wrote to me and said: The old TSCA allowed new chemicals ious kinds of diseases, such as cancer, The concerns I expressed 5 years ago re- to go to market without any real re- infertility, Parkinson’s disease, diabe- main today. I have no way of knowing if the view. An average of about 750 new tes, hyperthyroidism, and other dis- household products that I use or the toys my chemicals flowed onto the market a eases that are out there. son plays with are really safe because the year. This new law would require the Infants, pregnant women, the elderly, chemicals that make them up are not rigor- ously tested and there is little or no infor- EPA to determine that all chemicals and workers exposed to chemicals on mation regarding them. And if I, a person are safe before they go to the market. the job are particularly at risk for well educated in the field of human exposure The old TSCA allowed companies to chemical exposure. For example, we to chemicals, cannot be confident that I am hide information about their products, have seen an increase in cancer rates keeping my family safe, then neither can the claiming it is confidential business in- among firefighters who get exposed to average person. formation even in an emergency. This chemicals from smoldering furniture in My office has appreciated Lisa’s new law will ensure that companies house fires. emails and photographs of Harrison can no longer hide. States, medical

VerDate Sep 11 2014 00:47 May 27, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.014 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3241 professionals, and the public will have law after Frank Lautenberg. He started in on this because the Senator said a access to this information. It ensures us on this path. It was Frank Lauten- lot of really great things. that businesses must justify when they berg. I have a picture of him here with I don’t recall at any time someone keep information confidential, and his grandchildren. The picture was from the private sector like the Lau- that will expire after 10 years. taken by his wife Bonnie Lautenberg, tenbergs coming in and participating The old TSCA underfunded the EPA, who is a wonderful photographer. the way that she has. I really do appre- so it never had the resources to do the Frank was always motivated. He was ciate it. I know she is around here job. This new law creates a new, dedi- always motivated by his children and somewhere. cated funding stream that requires in- grandchildren. He used to sit in com- But let me say this to the Senator: dustry to pay its share—$25 million a mittee, and I will never forget him ask- You came in when we lost Frank and year. ing questions very specifically: How where we all were at that time. I have In addition, this new law ensures vic- does this impact future generations— to say publicly that you are the guy tims access to the courts if they are children, grandchildren? What impact who jumped in there and filled the vac- hurt, minimizes unnecessary testing on is this going to have? uum that was created by his loss. We animals, and ensures States can con- He became very frustrated with the could not have done it. tinue to take strong action on dan- gridlock, with the problems that we When I stop and think about all the gerous chemicals. were having in terms of the Environ- people who are supporting this, in the We have spent a great deal of time on mental and Public Works Committee. years I have been here—I am talking the right of States to act. My col- So he teamed up with Senator VITTER, about 22 years here in the Senate—I league, Senator BOXER, has said this is and almost immediately 12 Democrats have never seen this happen before, one of the hardest pieces of legislation and 12 Republicans joined in on that where we have so much unanimity, not she has ever worked on. I agree with bill. I was one of the 12 Democrats. even on the highway bills or things we her. Finding the right balance between Shortly thereafter, we lost Frank, so have done together. I want to make State and Federal was not easy; there I decided this is something that should sure everyone knows that you are very is no doubt about it. But we stayed at be picked up and continued. Frank had much the reason where we are today. I the table, we worked hard, and I be- set such a great example, and we had hope we can finish this up today and lieve we have a true compromise. It is some good bipartisan momentum. So make everyone happy. a compromise that creates stronger Senator VITTER and I had dinner, and I was talking to a group yesterday. In Federal tools to test, review, and regu- we decided we were going to see this talking about this, we haven’t really late chemicals, that ensures States can through. used the issue of jobs as we should act when the EPA is not acting, that One of our greatest partners—and, have. They were talking about how protects the work that States have al- really, our inspiration in helping us see many—I will not name the companies— ready done, and that allows States to this through—was Bonnie Lautenberg. that are right now employing in places get a waiver when there is overlap with She took her pain and agony and want- such as China, India, and other places the EPA. ed to get something done; she plowed it because of the uncertainty of the defi- Some of our colleagues have said into something positive. She has been nitions that we have in this country. that, while they will support this bill, absolutely terrific in terms of working This completely solves that. I don’t it isn’t a bill they would have written. with all of us in the House and in the think anyone has ever put pencil to I agree. If it were up to me, I would Senate. I know Representative SHIM- how many jobs can be immediately re- have written a different bill. But, if it KUS in the House has said some very created in this country, along with were up to me, it also wouldn’t have flattering things about her, all of other things, that will be coming in the taken 40 years for us to get to reform. which are true. future. This could end up being the And it isn’t up to me. It isn’t up to any One of the things she did is help hold greatest jobs bill, not of the year, but one of us. Legislating, especially on together Frank Lautenberg’s staff, who of the decade. complex and difficult issues—issues had worked on the legislation for close Does the Senator agree with that? that affect all aspects of health, envi- to 15 years. They had various drafts Mr. UDALL. I very much agree with ronment, and commerce—takes work, over the years of chemical legislation. that. When it comes to innovation, it takes patience, and it takes com- They knew the facts, they knew the when it comes to moving in the direc- promise. This bill took all the hard evidence, and they knew what was out tion of creating products that are work, patience, and cooperation we there and the dangers to the children going to be sustainable over time, I had. The end result is a stronger regu- and the grandchildren. So she worked don’t have any doubt that this bill is latory program to test and assess with them, and she helped keep us on going to have a huge impact. I think chemicals, a stronger program to en- track. the thing that the Senator, as chair- sure that our most vulnerable children It is wonderful to have her with us man, helped us do is—we always kept and loved ones are protected, and a today in Washington, being able to see everybody at the table. Industry was at stronger program that ensures the pub- this happen hopefully today, maybe a the table, environmental groups, public lic has access to important health and little bit later in the day. I want to health groups. The EPA was giving us safety information on chemicals. thank her so much and have her know technical advice. We had the States Our colleagues in the House sup- that she really inspired us, kept us fo- and others. We stayed at the table and ported this bill, as I said earlier, 403 to cused, and kept us on track. worked through the problems and cre- 12. That is two more votes than the I am hopeful that we are going to act ated a piece of legislation that I think, Clean Air Act amendment got in 1991, very soon. I urge all of my colleagues when it becomes law, will end up help- so it shows strong bipartisan support. to support this legislation. I urge the ing to create jobs, make a safer envi- This is the largest margin for a major President to sign it. If we do that, we ronment, and protect our families and environmental bill in decades. I believe are going to be in a much better place our children. the Senate very soon will follow suit. as a country and as a society. I will never forget when Senator VIT- This probably isn’t the place to do it. Mr. President, I see that my good TER and I came to you when you be- I have a long list of people I would like friend Senator INHOFE, chairman of the came the chairman at the beginning of to thank in terms of the staff effort. committee, is here. They always say this Congress. We told you of the bipar- One of the things that is absolutely around here—and I know my good tisan support we had, and you said clear is our staff—all of our staff that friend, PATTY MURRAY, told me this: right then: We are going to get on this. were involved in this—worked very You don’t get a bill through this Con- We are going to do this. hard and helped us reach that perfect gress without having a strong chair- You have been true to your word. spot where we had a good compromise, man, and there couldn’t have been a You have worked very hard on this. It so I will do some of those thank-yous stronger chairman than Chairman has been an inspiration for me to work at a later point. INHOFE. in a bipartisan way and have a strong But I want to say, it is very impor- Mr. INHOFE. Will the Senator yield? chairman. We ran into bumpy times tant that we realize why we named this Before he leaves the floor, I want to get with the House for a while, but having

VerDate Sep 11 2014 00:47 May 27, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.015 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3242 CONGRESSIONAL RECORD — SENATE May 26, 2016 a strong chairman really made a dif- ‘‘prepare for an increased burden of ad- allow us to pass the Defense authoriza- ference on this. So I thank the Senator verse pregnancy outcomes in the com- tion bill all week. What we have been so much. ing years.’’ The CDC is already moni- told is, no, they need more time to re- Mr. INHOFE. I appreciate that—and toring almost 300 expecting mothers view it. Every Democrat in the Armed personalities also. We had the far left for possible Zika infections. Those Services Committee voted for the De- and the far right. Everybody realized numbers are unfortunately only ex- fense authorization bill. It has been that this is something we all can agree pected to grow. This is a public health posted online for some time now. Any- on. emergency, and it demands action. body who cares about what is in the Do I understand from the Senator While it shouldn’t have taken so bill has had plenty of time to read it. that Bonnie Lautenberg is here today? long, Democrats and Republicans have Even though the Senate voted unani- Mr. UDALL. Bonnie Lautenberg is been able to agree on a bipartisan mously yesterday to proceed to the leg- here with the Congress. We don’t want downpayment on the President’s pro- islation—which is not a word you hear to violate any of the rules. I think she posal, which would get emergency often around here, ‘‘unanimous’’—the is in the room with us here today. She funding into the hands of first respond- bill has been stopped in its tracks by came down today. As the Senator ers and researchers right away. We our Democratic colleagues. It is knows, we have a First Lady’s Lunch- passed that agreement last week and, shameful because this is our primary eon, and all the spouses attend that unfortunately, it hasn’t gone any- vehicle to make sure our men and luncheon. Then in the night, all the where. women in the military get the re- Senators get together for the annual Senate Democrats have urged our Re- sources and equipment they need in dinner. Bonnie Lautenberg has been publican colleagues to work with us on order to defend the country. That is here ever since then. She has been sending our bipartisan agreement to why Congress has been able to pass a down here numerous times, as the Sen- the House for a vote, but they have defense authorization bill every year ator knows. said they will only agree to do that if for 50 years-plus. Taking care of our I don’t know if the Senator was here we agree to Affordable Care Act cuts. national defense is our No. 1 job in the earlier. I was remarking on what a This is no time for quid pro quo poli- Federal Government, but the Demo- great photograph this is of Frank Lau- tics or hostages. This is a time to pro- cratic leader and his colleagues, appar- tenberg. Look at the grandchildren. tect our families. I am going to ask ently with their complicity, have been They all have wonderful smiles. As the again that our Senate Republicans re- doing everything they can to slow Senator knows, he always talked in consider and join us to get this bill to down this legislation. They know we committee about his grandchildren. the House. There, I hope that House She is a pretty incredible photog- are coming up on a weeklong Memorial Republicans will drop their partisan, rapher. She took this picture. Day recess, so they have delayed it an- Mr. INHOFE. Frank and I used to underfunded billing and give our bipar- other week before we can take it up talk about that. I have 20 kids and tisan agreement a vote. Then, I hope when we return. grandkids. We used to compete with the President can sign it and we can This also gives our men and women each other in exchanging pictures, one get a serious response to this emer- in uniform a pay raise, but apparently of the many things that we had in com- gency underway. they are being used once again as a po- mon. Families and communities are ex- litical pawn or football. It is shameful, I look forward to visiting. I look for- pecting us to act. Parents are won- and it is unnecessary. Somebody said: ward to making this a major accom- dering whether their babies will be Well, it is just politics. It is one of the plishment. It is so important to do it born safe and healthy. In Congress, we reasons the American people look with today because we have a recess coming should be doing everything we can to such disdain at what happens in Wash- up, the House has a recess coming up, tackle this virus without any further ington these days because these sorts and there are a lot of people and com- delay. of things—politics, partisanship—get panies out there who are making deci- I yield the floor. put ahead of our duty to protect those sions now as to what they are going to The PRESIDING OFFICER. The ma- who defend the Nation. do, all predicated on their certainty jority whip. We will have a vote later on today to that this bill is going to pass. So we Mr. CORNYN. Mr. President, some- get on the bill. I know Senator MCCAIN, will join together and just do the best times I feel like our Democratic col- the chairman of the Armed Services we can to make that happen for the leagues will not take yes for an answer. Committee, is eager to get on this bill, sake of a lot of jobs around the coun- As the distinguished Senator from to deal with the amendments. The ma- try. Washington knows, we have passed a jority leader has said the week we Mr. UDALL. We sure will. $1.1 billion appropriation to combat the come back, we will not leave until we Mr. President, I yield the floor. Zika virus. It is something we all agree complete our work on the Defense au- The PRESIDING OFFICER. The Sen- on, on a bipartisan basis. thorization bill. ator from Washington. What the Senator from Washington I think one of the reasons our friends Mrs. MURRAY. Mr. President, I ask objects to is the fact that it happens to across the aisle are dragging their feet unanimous consent to speak as in be attached to another appropriations on this legislation is because they are morning business. bill, but the process is that now gets getting a little worried at the contrast The PRESIDING OFFICER. Without reconciled with the bill passed by the between the productiveness of the 114th objection, it is so ordered. House and then sent to the President. Congress compared to the 113th Con- ZIKA VIRUS The good news is, there is already $580 gress when they were in charge. We Mrs. MURRAY. Mr. President, it has million in unexpended Ebola funds that know what happened then, after a dis- now been months since President can be used as a downpayment to deal astrous election, which many incum- Obama first put forward a strong emer- with the Zika virus. bent Democrats lost the election be- gency funding proposal to respond to The Presiding Officer and I have cause they didn’t have anything to the Zika virus. We now know that come from States where the mosquito point to as a record of accomplishment more than 1,400 cases of Zika have been which carries the Zika virus is present. because of the failed strategy of the reported in the United States and terri- We all appreciate the seriousness of then-majority leader from Nevada. tories. Just today, the Washington this, and we are determined to act on a Even Senators in the majority party Post reported that according to a new bipartisan basis. The Senator from didn’t have records of success they study, the odds of having a child with Washington knows that, but that could point to, to commend them to microcephaly as a result of a Zika in- doesn’t stop her and her colleagues the voters for their own reelection. It fection could be higher than even pre- from coming to the floor and making was a devastating loss. The majority viously thought—as high as 13 percent demands that we do this instanta- became the minority, and new manage- for women who are infected early in neously. ment was put in charge. their pregnancies. Mr. President, to give you a sense of Senator MCCONNELL, the majority The researchers who conducted the what is going on, we have been trying leader, said he thinks it is important study urged health care systems to to get our Democratic colleagues to for the Senate to return to its regular

VerDate Sep 11 2014 00:47 May 27, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.016 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3243 role, considering and building con- many worry about the potential dam- ABC News national poll found that just sensus to pass bipartisan legislation, age another big storm coming through 37 percent of the people who responded and that is exactly what we have done. our coastline would bring. It is not a to that poll believe Hillary Clinton is Ironically, many of our Democratic question of if, it is a matter of when honest and trustworthy, while 57 per- friends, who are now in the minority, that is going to happen. We need to cent said they don’t think she is. This have had a greater opportunity to par- make sure we are doing what we can to is a serious problem, not just for Mrs. ticipate in passing legislation as Mem- protect those on the coast and to pro- Clinton but for the country. bers of the minority more so than they tect our economy from the next Hurri- There are those who wonder why peo- did when they were in the majority, es- cane Ike. ple are so upset with Washington. What sentially when Senator REID shut down I have been encouraged to see many they see is a culture of corruption that the U.S. Senate. efforts underway at the State and local doesn’t address some of these funda- We have seen a productive Senate level in Texas on how to develop the mental issues. Well, time and again we this year and last, notwithstanding the best plan to approach the problem. have heard Secretary Clinton and her efforts to shut down the Defense au- Several groups in the State are cur- allies say that her use of a private thorization bill. For example, last rently studying the coastline and de- email server was wholly consistent week the Senate passed three bills. It termining where Texas is most defense- with State Department policy. But, of passed an appropriations bill, it passed less against a major storm. course, the report that was just re- the POLICE Act—to make sure our law In Congress, I have joined with other leased by the inspector general yester- enforcement officials get the training members of the Texas delegation to au- day says otherwise and revealed a host they need to, to deal with active shoot- thorize the U.S. Army Corps of Engi- of other inconsistencies. er training—and we passed a bill called neers to assess the vulnerabilities and First, the report indicates that Clin- the Justice Against Sponsors of Ter- to propose how we can best mitigate ton’s email use was not in accordance rorism Act. They all had strong bipar- future damage, but there is room to do with State Department standards, and, tisan support. That last bill is making more because we know this process is more than that, the former Secretary sure families who lost loved ones in 9/ simply too slow. It is not as fast as it of State neglected to get the formal ap- 11 get justice—the justice they deserve, needs to be, which is why I introduced proval she needed in order to use her wherever the facts may lead. something I call the COAST Act, which private server. The bottom line is, we are doing our stands for the Corps’ Obligation to As- Second, Secretary Clinton and her dead-level best, despite the dead weight sist in Safeguarding Texas. It is pretty supporters, including the President, of the other side, on occasion—such as straightforward. have maintained that her server was the Defense authorization bill—to stop This legislation would require the not a security risk, while others, such us from making progress. I think it is Corps of Engineers to use the data in as former Secretary of Defense Bob pretty clear what is going on, so I will other studies that are sound science Gates, said they were confident that not dwell on that any longer, but my and already completed for their plan- our Nation’s adversaries—China and response to them is to simply stop ning at the State and local level. In Russia, well known for their cyber at- playing politics with our men and that way, the Corps of Engineers is not tacks—were taking full advantage of women in uniform and drop the stall just duplicating efforts and burning the an unsecured server and using and tactics. It is blatant, it is obvious to clock when we can’t afford to do that. gaining access to classified informa- everyone with eyes in their head, and So we can speed up the process so the tion which was now—in the words of it is absolutely shameful. Texas coast can get the protection it Representative POMPEO, who serves on COAST ACT needs sooner. It would also let the final the Intelligence Committee in the Mr. President, in less than a week, recommendations of the Corps proceed House—like putting intelligence on hurricane season will be upon us. The without going through numerous and Twitter. In effect, that is what Mrs. Presiding Officer knows that well, unnecessary bureaucratic hurdles. In Clinton did. But, of course, the report coming from Florida. Residents along other words, once the Corps determines from the inspector general calls all of the gulf coast will be preparing for all the best course of action to keep Tex- this into question and asserts that that a major storm might bring, in- ans on the coast safe, they will not when some of Clinton’s staffers raised cluding flooding, storm surges, and have to wait for another congressional concerns about a potential breach to high winds. The hundreds of miles of approval to authorize it. The COAST the system, the relevant security offi- Texas coast and the State’s location Act is a lesson in streamlining the Fed- cials at the State Department were not along the Gulf of Mexico make it par- eral Government—something we could alerted. They just weren’t alerted in ticularly vulnerable to hurricanes and use more of—so that folks who may be accordance with State Department pol- storms. That would be Texas. Because in harm’s way can get what they need icy. Even though Secretary Clinton has the area is so densely populated—Hous- faster. I want to particularly express maintained that she has been fully ton, TX, for example, right there in the my appreciation to Congressman complying with every request related middle of the Texas gulf coast—and in- RANDY WEBER on the other side of the to an investigation of her use of the cludes one of our Nation’s busiest ports Capitol, who has introduced a similar private server, the inspector general and energy hubs, the potential for bill as well. I hope that as we prepare report makes clear that the Secretary major damage along the Texas coast for the upcoming hurricane season, we and her staff refused to be interviewed. could have significant ramifications, can get this legislation passed. That is not cooperating with the au- not just for the region but for the rest CALLING FOR APPOINTMENT OF A SPECIAL thorities. She can’t refuse to talk to of the country as well. COUNSEL the FBI, and a number of her staffers When Hurricane Ike made landfall in Mr. President, on one final matter, have been, and she said she will make 2008, we got a glimpse of how bad it yesterday the inspector general’s office herself available. I bet she will because could be. The storm caused a tremen- at the State Department released a 70- she really doesn’t have any choice. But dous amount of damage as it made its plus-page report telling us what many to say she is cooperating with an inves- way through the Caribbean, from Haiti people suspected all along. That report tigation by the inspector general at the to the Dominican Republic and Cuba. criticized then-Secretary of State Hil- State Department and then refusing to Storm surges in parts of Texas were es- lary Clinton’s use of a private, unse- be interviewed is just—well, let’s call it timated to be as high as 20 feet. Ike cured email server while she was our what it is—a lie. was the second costliest U.S. hurricane Nation’s top diplomat and having ac- Similarly, the report reveals that on record, causing billions of dollars’ cess to and processing highly classified Secretary Clinton didn’t turn over all worth of damage. Sadly, it took the information—some of our Nation’s of her work-related emails upon leav- lives of dozens across the Caribbean most confidential and classified se- ing office, like she said she did. She and the United States. crets. Some people have wondered why only did so almost 2 years after leav- As the hurricane season gets under- recent poll numbers have not been kind ing, and the State Department basi- way, I know many Texans have been to Mrs. Clinton when it comes to her cally had to demand it, even then we reminded of that terrible storm and trustworthiness. A Washington Post- know she deleted—she told us this—

VerDate Sep 11 2014 00:47 May 27, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.017 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3244 CONGRESSIONAL RECORD — SENATE May 26, 2016 thousands of emails before turning they have nothing. They have nowhere for Opioid Addiction Treatment Act. over those she deemed work related. I to go. There are no treatment centers, This Life BOAT Act would establish a suspect the forensics experts at the and we haven’t stepped up to the plate. steady, sustainable funding stream to FBI have been able to recover a lot of All of the States’ budgets are taxed, provide access to substance abuse the emails that she deleted. We all if you will. Every time we do some- treatment. This is a difficult thing for know if you delete emails, they remain thing with the Federal Government’s a lot of my colleagues and friends on on the server in a digital format. The budget, we have to have a pay-for. We the other side of the aisle. Somehow, truth will come out sooner or later, but have been looking for ways to do some- we have to step up to the plate and not I just have to say the conduct of the thing to make sure that every State worry about this being a tax. There are former Secretary demonstrates why has a sufficient amount of treatment those who have said that we can’t take people just don’t trust her. Of course, centers to help those who need it. In out another tax and have pledged: I the recent contradictions are just out- fact, between 2009 and 2013, only 22 per- won’t go for a new tax. rageous and indicate that rather than cent of Americans suffering from How about voting for treatment? cooperation, her intention has been to opioid addiction participated in any How about voting to help people? How obstruct the public’s right to know. form of addiction treatment. We talked about voting to put people back in the This report underscores why I believe about addiction treatment. For so economic mainstream to be a part of we need an independent investigation many years, we all looked at any type this great country of ours? How about into this matter. I called for the ap- of drug use as being the crime, and we taking them out of the prisons and not pointment of a special counsel because put them away. We put them in jail. incarcerating people who don’t have it is clear that the Attorney General, We spent $450 billion in the last 20 violent or sexual crimes and can basi- who serves at the pleasure of President years for incarceration. Not one time cally be rehabilitated? We have a tax Obama, is going to have very little in- did we look at this issue and say: This on cigarettes because we know it is centive or intention to pursue the ap- might be an illness, and an illness harmful to you. We have a tax on alco- propriate investigation. So I have needs treatment, and a treatment can hol because we know it is harmful for you. We have nothing on opioids. I asked Attorney General Lynch to ap- actually cure somebody. We haven’t have a piece of legislation—and we are point a special counsel to provide some thought along those lines, and it needs looking for more and more sponsors all modest level of independence so the to change. the time—that would tax 1 penny for public can know that we have gotten to In 2014, in my State of West Virginia, every milligram of opioid that is pre- the bottom of this despite Secretary 42,000 West Virginians, including 4,000 scribed. We know opioids are addictive. Clinton’s denials and obfuscation and children, sought treatment for legal We were led to believe that they statements of untruth. We need to get drug abuse but failed to receive it. They needed treatment. They said: weren’t addictive. to the bottom of it. It is absolutely When opioids first came out in 1980, Please help us. Think about this. A critical that we do so. the pharmaceutical companies said I hope Attorney General Lynch re- family who has done everything, in- this is a wonder drug with 24-hour re- considers my call for a special counsel. cluding exhausting all of their re- lief from severe pain, and it is non- I yield the floor. sources, has to have their child ar- addictive. Guess what. The genie is out The PRESIDING OFFICER. The Sen- rested and convicted with a felony so ator from West Virginia. of the bottle, and we lost 200,000 citi- that child can go to drug court and get zens. But we have doctors prescribing OPIOID EPIDEMIC the treatment he or she needs. Isn’t them. Mr. MANCHIN. Mr. President, we that a sad scenario? The largest long- We prescribe more opioids than any- have come to a crisis point in our coun- term facility in West Virginia with one in the world. We consume more try. In 2014, 18,893 people died due to a more than 100 beds is Recovery Point, painkillers than anybody in the world. prescription opioid overdose. On aver- in Huntington. It has a waiting list I am talking about the entire world. age, 51 people die every day. What we that is 4 to 6 months long. This is the There are only 330 million in our coun- are talking about is legal prescription most successful treatment center, and try. When we look at the population of drugs that are basically produced by it is run by former addicts. These are the world, which consists of 7 billion pharmaceuticals, which are great com- people who hit rock-bottom. They people, and we consume over 80 percent panies. They are approved by the Food know what it takes. They have all of all opioids produced in the world. We and Drug Administration, which is sup- come back and have been keeping only have 5 percent of the world’s pop- posed to look out for the well-being themselves clean and mentoring other ulation. Something is dead wrong. and welfare of all the citizens of this people. They have more of a success That 1 penny will generate—if you can great country. They are prescribed to rate than anyone I know of in my believe this—$1.5 to $2 billion a year. us by our doctors, the most trusted State. This is what we call the penny of gold. persons outside of our family. Now it In 2014, about 15,000 West Virginians We can help people. We can go back to has become an epidemic. It is doing received some form of drug or alcohol every community and every State in more harm to people than anything I abuse treatment, but nearly 60,000 West this great country of ours and help peo- know of right now. Virginians were identified as in need of ple get their lives back. We can help When I talk about an epidemic, we substance abuse treatment and people get clear and clean and working have lost over 200,000 people since 1999, couldn’t find help. again. and not to raise this to the level that Based on conversations with West Every week I come to the floor and we should so we can fix this is ridicu- Virginia State Police, 8 out of 10 of all read a letter. I read letters from all lous, and the trend is still going in the of their calls are drug related. Imagine over the country. I read letters of those wrong direction. Some 16 percent more if the Presiding Officer, who is from from my State who have been affected. people died in 2014 than died in 2013. We the beautiful State of Florida, should The legal drug abuse of opioids has have lost almost 200,000 Americans to ask his law enforcement how many been a silent killer. We haven’t talked prescription opioid abuse since 1999, as calls they get that are drug related. It about it enough. We have had someone I said, and we must take action to stop is unbelievable. The costs are prohibi- in our family—whether it is your child, the epidemic. Unfortunately, a major tive as far as what we are spending now mother, father, aunt, uncle, or cousin— barrier that those who are suffering and how much is being taken out of our and we were ashamed. Guess what. We from opioid addiction face is inefficient economy. These are people who have continue to lose more and more people. access to substance abuse treatment. recognized they needed help and were Now they are coming forward. There is not one of us in the Senate turned away because there were not I want to read another letter. These or in our States, who doesn’t have enough facility beds or health care pro- letters have a common theme. They somebody in their immediate or ex- viders in their community or they mention how hard it is to get them- tended family or a close friend that has couldn’t afford the pricey high-end fa- selves or their loved ones into treat- not been affected either by legal drug cilities out there. ment. Sometimes it takes months, and abuse or illicit drugs. If you talk to That is why I joined my colleagues sometimes it never happens. This prob- those without any means, you know this week to introduce the Budgeting lem stems from our lack of systems to

VerDate Sep 11 2014 00:47 May 27, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.019 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3245 help those who are looking for help. We had methadone to the best of my knowledge Why keep them in the same type of need permanent treatment facilities to since May 8th, 2016. program to give them the fix they are help people get clean and stay clean. I have told him he can’t live in his house looking for when they are never going I say to all of my colleagues: This is if he can’t pay the bills. He says he will ac- to be cured? Don’t keep going to the cept treatment at a detox, the only place I not a Democratic or Republican prob- found that may take him is a behavioral same thing and expect a different re- lem. This is an American epidemic, and health at Appalachian Regional in Beckley sult. Let’s get them out of this type of I don’t believe one person—whether for his depression and bipolar and they will situation. Democrat or Republican—can argue help him to be safe while going through It’s not working, what is next? against voting for 1 penny to try to withdrawals. People are asking and begging for help cure people who have been af- We don’t have the money to afford private help. They truly are, in West Virginia, fected by this epidemic. It won’t cost care, he is on WV Medicaid. Most places he in the Presiding Officer’s beautiful can go is out of state and WV won’t pay for anybody one vote—not one vote. I hope it. I’m so afraid that I’m going to lose my 34 State, and every State. It is atrocious they will consider that. year old son to this dilemma. I hope there is what is going on. Today I am reading an anonymous someone out there that can hopefully get We have legislation, and I think we letter from a veteran in West Virginia him free of his addictions, so he can live and can put our politics aside. This is not about his struggle to get his sons into prosper. Democratic or Republican. I have said one of the treatment facilities they He said that is only one son. it over and over. This doesn’t have a desperately need. That’s one son, my other son, is 30 and he home. This is a killer. It is epidemic— He says: too has some addictions and mental health 200,000 have died. In my State of West I’m sure many have heard my story before. issues. I paid his rent for 2 months to remove Virginia last year, 630 West Virginians I have a 34-year-old son that first got ad- him from my home because he was so disrup- died of legal prescription overdoses— dicted to Oxycontin while residing in Wyo- tive and searching for alternatives, such as legal. This is not counting illicit ming County. He had been in trouble with he has been going to southern highlands for overdoses—legal prescription the law for stealing everything from ATVs or over 4 years for [his] bipolar [treatment]. overdoses. whatever he could get his hands on. He has been seeing the same physician. He So I am committed to fighting this Most addicts, as you know, basically has checked himself into the Pavilion in with every breath I have in my body. I Mercer County several times but checks hope we will consider legislation we commit a felony. First, they steal from himself out he says its [be]cause they won’t their families or friends of their fam- give him his medications that he wants. can work on, that is bipartisan and ily. When they run out of people who that will help every person in every This is another problem we have. A State in America. won’t turn them in, they steal from lot of people who go to the hospitals or anyone’s home they can break into— I yield the floor. clinics, if they don’t get what they The PRESIDING OFFICER (Mrs. anything they can do to get the money want, they give a bad report to the doc- that gives them the fix they need for FISCHER). The Senator from Florida. tor or medical facility, and it hurts Mr. RUBIO. Madam President, we are their addiction. Then they end up with them on their reimbursement for Medi- on a motion to proceed to the National a felony, and the system basically spi- care and Medicaid. We have a piece of Defense Authorization Act, and there rals down. legislation to change that also. are so many different aspects of na- This young man stole everything he He has been prescribed clonopins and tional security and defense that we could get his hands on. They went to a Neurontin’s. He prefers to either take them touch upon. The Senator from West methadone clinic. They have metha- all at once per day or more than prescribed, Virginia actually touched on one of done and Suboxone. These are wonder since I moved him out of his apartment, I them. A lot of people may not consider drugs that are supposed to help an ad- hear he diverts them for other drugs. He it that way, but the threat posed to the hasn’t had a job in years. dict wean off drugs, but they never do. United States by transnational crimi- Methadone and Suboxone still have the I don’t know what to do to help my two sons. I know the system hasn’t seemed to nal groups operating out of Mexico and heroin effect in them. And people get other parts of the hemisphere are a di- on those and they can’t get off of them benefit them at all but they still get their medications and etc. rect threat to the security of our peo- either. It kind of keeps their addiction going ple. Well then a Methadone Clinic was opened We had a hearing earlier today in our in Beaver, WV. He went to this clinic. I’m on. If they don’t get the prescribed ones they subcommittee, the Western Hemi- not sure what dosage he started at but I sphere Subcommittee, and we heard know till here recently he was on 120 milli- search for street drugs and they will sell grams a day. their own soles and [even] mine to get them. testimony from government officials What is a parent to do? and the administration talking about And 120 milligrams a day is a lot. For mothers it’s hard to see your child in the threats being posed. He had lost his take homes— pain and maybe more willing to give them Here is the bottom line. You have Which is what they give him to self- money and so forth but I have learned that these multibillion dollar, multi- medicate. is only enabling them. But there is so many national entities operating south of ones out there it’s too easy for them to get our border. We all heard about El —so he had to drive from Mercer County to the drugs or divert them. Beaver, WV, everyday. He had trouble hold- I feel we need to do a few things. One, we Chapo Guzman and the Sinaloa Cartel, ing down jobs, so if he didn’t have the money must either put strict controls on metha- but there are others as well, and they he couldn’t go or get dosed. The clinic there done clinics— are both growing poppy opiates, but only takes cash or credit card. they are also manufacturing synthetic I helped my son finance his home, cars, and And I can assure that methadone clinics do not work and shouldn’t be fentanyl. There is a prescription lots of time I wasn’t getting paid, I would version of fentanyl, but this is a syn- pay these to protect my credit but I might prescribed to everyone, and there not get my money back. should be professionals who prescribe thetic, nonpharmaceutical version, and all of it, basically 100 percent of the This is the father’s and mother’s methadone and it should be closely reg- ulated— stuff they are growing, is being traf- credit. ficked directly to the United States. So here recently I started to stop paying and not let them keep our families hostage for their life. There is not a State in the Union or things. territory in our country or jurisdiction Cut him off cold turkey. What they mean by that is that once represented by any Member of the Sen- Now he has pawned most of what he had in they go to these clinics, they never let ate which has not been deeply im- his house for cocaine, he says it’s to help them go. They are with them for life. pacted by this war they are waging him with methadone withdrawals, I’m not Two, counselors and physicians need to try against us. So it was an insightful sure. But his wife is getting ready to leave and understand what is a success in treat- hearing and I think reminds us that on ment or failure. If our children can’t func- him, their son has been living with me since the one side we need to deal with treat- November of 2015. tion in normal society, hold down a job, take My wife and I called and tried to find him medications as directed, that plan of treat- ment aspects because people who are a detox and inpatient treatment, but since ment isn’t working, let’s do something else dependent on an opiate substance are he hasn’t weaned down at the clinic they say . . . don’t keep doing the same thing to get sick and they need help as if it is a dis- he don’t meet their criteria. My son hasn’t them out of the office. ease, not a crime.

VerDate Sep 11 2014 03:02 May 27, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.020 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3246 CONGRESSIONAL RECORD — SENATE May 26, 2016 The other aspect of it is the people cising freedoms that our Creator gave prison, but this sort of treatment pushing the stuff into our country, de- them. hasn’t stopped them. Week after week, liberately targeting us. They are mur- I say the phrase ‘‘political pris- these women continue to protest the derers. They are not just killers be- oners,’’ but I remind you that these Castro regime and fight for the free- cause they kill each other and innocent prisoners oftentimes are ordinary peo- dom of their nation and of their loved people, they are killers because they ple like us—people who dream of a ones. know the people they are selling these greater future for their country, people In the disaster that has become Ven- drugs to, they are deliberately trying who envision a better life for their fam- ezuela, due to its incompetent tyrant to hook them on these drugs and they ilies and loved ones. They are journal- leader, Nicolas Maduro, a tyrant who is read and know the overdose deaths we ists, bloggers, many are human rights an incompetent clown, we have seen have seen. There is an extraordinary activists, educators. Some are politi- one of the most prominent opposition growing military-to-military relation- cians. We also have pastors, mothers leaders, Leopoldo Lopez, arrested and ship between the national defense parts and fathers and students. sentenced to 13 years 9 months in pris- of our government and our partners in America traditionally has been a on on charges of terrorism, murder, Mexico and other countries and will voice for those oppressed. We as a and grievous bodily harm and public continue to be. There has to be because country and as a people have engaged incitement—sounds like pretty serious these groups need to be defeated or in what Ronald Reagan once described charges. Here is the reality. Leopoldo they will continue to spread their poi- as ‘‘the age-old battle for individual Lopez, who was the Governor of a son and death into cities, towns, and freedom and human dignity.’’ It is un- prominent state in the country, was our States. acceptable for America to forsake this imprisoned for advocating for a con- HUMAN RIGHTS legacy today, to turn its back on our stitutional democratic and peaceful Madam President, another aspect of fellow human beings who are losing change in the Venezuelan Government. national defense that people don’t their lives or being imprisoned for ex- That is why he is in jail. think about when people think about ercising their fundamental, God-given Since the Venezuelan Government’s national defense is the issue of human freedoms. crackdown on opponents began in Feb- rights. So much of the instability that This is why last September my office ruary of 2014, dozens of innocents have is happening around the world that we launched a social media campaign we been killed, thousands have been beat- have to respond to militarily out of our call hashtag en and targeted for intimidation, and national security interests are driven ‘‘expressionNOToppression.’’ Each hundreds more have been jailed, not to by the violation of human rights. week we highlight a different political mention that most of these political Oftentimes our soldiers, sailors, our prisoner or prisoner of conscience in an prisoners in Venezuela are men. Do you know what happens to the service men and women, when called to effort to put a human face on the many wives of these men in jail when they go engage militarily or be present mili- who suffer from oppressive regimes visit their spouses in prison? They are tarily in any part of the world, are also around the world. often stripped-searched by male guards having to deal with the consequences Today I come to share the stories of in front of their families as the act of of what is happening from a human some of the people we have championed ultimate humiliation. This is what we rights perspective. Where it gets dif- in the past year. are dealing with in Venezuela. ficult is in many cases some of the In 2014, Tibetan writer and blogger In late March of this year, the Ven- countries that are violating the human Dawa Tsomo was detained for breaking ezuelan National Assembly passed a rights of their people and others hap- China’s cyber laws by publishing arti- law that would extend amnesty to pen to be military allies of ours. It is cles that the government considered more than 70 prisoners in Venezuela be- always a balance that people argue, but ‘‘politically sensitive.’’ To this day, she cause they had an election. Even no matter what our arrangements may is missing. Today, China is one of the though the Maduro government always be with any potential military partner most repressive countries in the entire steals the elections in Venezuela, the anywhere in the world, we should never world. loss was so overwhelming they couldn’t back away from the cause of human In Cuba, matters are just as serious, steal this election. So the opposition rights, for not only is it the right thing if not worse. Beatings, public acts of won control of the Venezuelan Na- to do, which speaks to our values as a shame, and termination of employment tional Assembly, and they passed a law people and nation, but human rights is are well-known consequences of dis- that extended amnesty to more than 70 also a leading cause of instability. The agreeing with the Castro regime. The political prisoners who are in Ven- violation of human rights leads to this Castro regime has rearrested almost all ezuelan jails simply because they op- instability. It is what causes people to of the 53 political prisoners it released posed Maduro, not because they com- take to the streets to try to get rid of as part of the supposed normalization mitted a crime. their governments and their leaders. of relations that President Obama un- To no one’s surprise, the tyrant Nico- So I come to the floor today to bring dertook at the end of 2014. las Maduro promised to block it. He to your attention an ongoing human Remember the 53 names on the list of claimed it was unconstitutional. Only rights issue that weighs heavily on me people they were going to let go as part a few weeks later, he sent a law to the and should weigh heavily on all of us. of the normalization? Virtually all 53 supreme court and urged them to over- Every day people are unjustly de- of them have since been rearrested. turn it. Four days after his request, the tained, tortured, publicly shamed, and The Cuban people know they deserve supreme court—a supreme court which murdered, often at the hands of their better. Groups throughout the island is illegitimate because it is completely own government. Here is what their have continuously stood up against op- stacked with his cronies—granted him crimes are: simply disagreeing with the pression. One of the most prominent is his wish and declared the law unconsti- government—disagreeing through jour- the group the Ladies in White or, in tutional. nalism, blogging, peaceful organizing, Spanish, Damas de Blanco. Many of So that is why there has been a coup or for simply being in a different reli- those who make up this group are the d’etat in Venezuela. That is why de- gion. In jail cells all around the world, wives and relatives of jailed dissidents mocracy has been canceled and why there are innocent men and women protesting the unlawful imprisonment there is now tyranny. You have an who wanted nothing more than to free- of their husbands, sons, brothers, and elected national assembly being ig- ly express themselves in the society in fathers. So each Sunday following nored, and you have a supreme court which they live. Catholic mass, the Ladies in White being stacked with cronies who are ba- The vast number of political pris- take to the streets in a silent march. sically a rubberstamp for the tyrant. oners held by repressive regimes is a They are often harassed, arrested, and The result is the gross violation of sobering reminder of how much work even beaten by the Cuban Government. human rights, most prominently of remains to uphold basic human rights In fact, this last Sunday, the leader Leopoldo Lopez. and advance democratic values. From of the Ladies in White was arrested. In Pakistan, we have seen proponents Cuba to China, from Turkey to Saudi She will soon be placed on trial and can of religious freedom murdered for criti- Arabia, people are suffering for exer- face between 3 months and 5 years in cizing blasphemy laws. In March of

VerDate Sep 11 2014 00:47 May 27, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.022 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3247 2011, Shahbaz Bhatti, Pakistan’s Fed- Most of these families spend their days right of every man and woman and eral Minister of Minority Affairs—and, and nights unsure if they will ever child to be free. by the way, the only Christian to serve again see their loved ones. There are no TRIBUTE TO MAGGIE DOUGHERTY in Pakistan’s Cabinet—was shot to visiting hours. There are no phone Lastly, Madam President, on a point death by the Pakistani Taliban outside calls. In the cases of many on death of personal privilege, I would like to of his mother’s home. Five years have row, their families often find out they take a moment to thank Maggie passed. The Pakistani Government has have been executed on the state-run Dougherty, who has been a valuable failed to bring his murderers to justice media. Children are being left to grow member of my legislative team for the and have failed to reform the blas- up on their own, wondering where their past 5 years and specialized in issues of phemy law that continues to encourage mother or their father has gone, won- human rights around the world. violence, murder with impunity, and dering if they will ever feel their em- Her expertise and, just as impor- the marginalization of religious mi- brace again. tantly, her passion on these issues have norities. As a result, numerous other But there are reasons to be hopeful, been invaluable to me and to my staff. prisoners of conscience in Pakistan suf- for when free people speak out, it can Her service to our country, to the peo- fer behind bars. make a difference in the lives of the ple of Florida, to the Senate, and to Finally, as President Obama visited oppressed. As a result of numerous many individuals and families like the Vietnam this week, a Vietnamese international efforts, including our ones I just mentioned who suffer blogger and human rights activist hashtag ‘‘expressionNOToppression’’ around the world will not be forgotten. named Nguyen Huu Vinh was lan- campaign, some prisoners of conscience I thank you for your service, Maggie. guishing in a state prison for having have been released from jail and re- I wish you the best of luck in your fu- voiced the wrong opinions about his united with their families, although ture endeavors. government. they may not be able to return to their I yield the floor. These example are just a tiny window home country. We saw it in the case of I suggest the absence of a quorum. The PRESIDING OFFICER. The into the world of political oppression the Cuban street artist known as El that exists today. Their cases are only clerk will call the roll. Sexto, who was freed last October after The senior assistant legislative clerk a few that we have highlighted in our 10 months in prison. We saw it in the proceeded to call the roll. hashtag ‘‘expressionNOToppression’’ case of prominent Azerbaijani human Mr. MERKLEY. Madam President, I campaign. rights activist Leyla Yunus and her ask unanimous consent that the order I ask unanimous consent to have husband Arif, who were released from for the quorum call be rescinded. printed in the RECORD a list of addi- jail only on the grounds of deterio- The PRESIDING OFFICER. Without tional political prisoners we have fea- rating health but have since been al- objection, it is so ordered. tured. lowed to travel to the Netherlands for FRANK R. LAUTENBERG CHEMICAL SAFETY FOR There being no objection, the mate- medical care and to be reunited with THE 21ST CENTURY BILL rial was ordered to be printed in the their daughter. Once released, many Mr. MERKLEY. Madam President, RECORD, as follows: have agreed that our advocacy on their today I rise to discuss the Frank R. The list is as follows: Danilo Maldonado of behalf was a great encouragement to Lautenberg Chemical Safety for the Cuba, Jason Rezaian of the United States— them and their families and, by the 21st Century Act. This is landmark leg- held in Iran, Bao Zhuoxuan of China, Sawan way, likely resulted in better treat- islation that will honor the legacy of Masih of Pakistan, Raif Badawi of Saudi Arabia, Ko Htin Kyaw of Burma, Arif and ment or even a speedier release. our dear colleague Frank Lautenberg. I Leyla Yunus of Azerbaijan, Luaty Beira˜ o of A few years ago, famed Soviet dis- had the privilege to serve with Frank Angola, Atena Farghadani of Iran, Ismail sident Natan Sharansky testified on for a number of years and know how Alexandrani of Egypt, the Todos Marchamos Capitol Hill. He said of himself and fel- passionately he wanted to undertake group in Cuba, Eskinder Nega of Ethiopia, low prisoners of conscience in the this challenge of the toxic substances Erdem Gu¨ l of Turkey, Can Du¨ ndar of Tur- USSR that ‘‘we could never survive that are in our everyday products, our key, Vladimir Kara-Murza of Russia, Mi- even one day in the Soviet Union if our household products, that are causing khail Kasyanov of Russia, the SOS Ven- struggle was not the struggle of the cancer and causing other diseases be- ezuela group in Venezuela, Sombath free world.’’ We should take to heart cause we have completely failed to reg- Somphone of Laos, Boris Nemtsov of Russia, who was murdered, the Ladies in White in this sentiment he expressed and em- ulate them. I so much appreciate that Cuba, Zainab Al-Khawaja of Bahrain, brace the struggle of political prisoners Frank Lautenberg took on this cause, Osvoldo Rodriguez Acosta of Cuba, Moham- who languish unjustly as I speak. pushed it forward, and presented it in a med Zahir al-Sherqat of Turkey, Waleed Abu We must do everything we can to bipartisan fashion—a fashion that con- Al-Khair of Saudi Arabia, Khadija raise awareness of the brutality taking tinued following his death. Ismayilova of Azerbaijan, Nguyen Van Dai of place in repressive regimes around the In this Congress, this bill is the Vietnam, and Youcef Nadarkahni of Iran. world. We must not forget the hun- equivalent of a unicorn, as the phrase Mr. RUBIO. They span the globe from dreds of people who are being tortured goes, a bipartisan, bicameral com- Angola to Laos, from Iran to Burma. or being deprived of their lives for try- promise that majorly reforms a badly All of these men and women were seen ing to bring freedom to their land broken law. It has brought Democrats as a threat to the leaders of their na- while illegitimate governments des- and Republicans together to take ac- tions. But I—and I agree the Presiding perately cling to power. tion to protect public health. I felt Officer as well—see them as heroes. Even with our strategic allies, such honored and privileged to be a part of Just because they aren’t fighting on a as Saudi Arabia, we can never stop in- this coalition that has worked toward battlefield doesn’t mean they aren’t sisting that they show respect for a final bill for over a year. This process putting their lives on the line for the women, for all human life, and for the has not been easy, but things that are greater good of their people and their God-given fundamental rights of all worth doing rarely are easy. nation. people. I think it is important to recognize In a country where we are free to ex- Oppressed peoples do not stay op- some of the champions in this process. press ourselves, it is hard to grasp this pressed forever. Oppressive govern- Of course I recognize Frank Lauten- risk. It is difficult to imagine a promi- ments do not stay in power forever. In- berg and all he did to put this in mo- nent journalist in the United States evitably, the human yearning to be tion. fearing for his or her life solely for free and to achieve a better life for Following his death, Senators TOM doing their job or to fathom a popular one’s self and one’s family eventually UDALL and DAVID VITTER deserve a tre- blogger facing the death penalty solely cannot be restrained. mendous amount of credit for having for expressing their thoughts. Well, Today, I pray for those who are vic- the bold vision to come together and to this should be just as unimaginable, to tims of their own government. I pray carry the torch of bipartisan com- jail independent journalists in the rest for the release of prisoners of con- promise after his passing. Their per- of the world. science and their families. I pray that sistence and their dedication in this ef- The families of the prisoners I men- our own country stands firmly by its fort through thick and thin have been tioned today have also paid a price. principles by calling for the sacred remarkable.

VerDate Sep 11 2014 00:47 May 27, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.023 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3248 CONGRESSIONAL RECORD — SENATE May 26, 2016 Chairman INHOFE also deserves a that. The Oregon State University re- Since TSCA passed in 1976, over 4 great deal of credit for his work to searchers developed a small silicone million babies have been born with shepherd this bill through the Environ- wristband that picks up toxic chemi- birth defects and 15 million babies have ment and Public Works Committee. cals that each of us is exposed to every been born preterm. Since 1976, 21 mil- Hopefully, we will get it through the day, in the air and water around us, in lion people in the United States have floor of the Senate. Certainly the re- our furniture, and in our household died of cancer. And just since the Fifth sult of the bicameral negotiations that products. Twenty-five participants Circuit case that struck down the En- have been completed—the bill has now wore one of these silicone wristbands vironmental Protection Agency’s ban gone through the House and is coming for a week, and then the wristbands on asbestos in 1991, about 375,000 Amer- back over here. were taken to a laboratory to analyze icans have died from mesothelioma, a I commend Ranking Member BAR- what the individual had been exposed disease directly linked to asbestos ex- BARA BOXER for her leadership and her to. The results were sobering. Each posure. determination to make this the strong- participant had been exposed to at Clearly we need to change our law est bill it could possibly be. Her deter- least 10 potentially dangerous chemi- and replace a dysfunctional law with mination to make sure of the ability of cals. one that will work. This bill is set up States to act was not compromised, Beth Slovic, a reporter for Willam- in a fashion that it will take on the knowing that her State, California, has ette Week who wore one of the wrist- most serious, high-risk products that been a major leader—one of the few bands, described scouring labels in her are already in our environment—the States that really have gone after toxic household after her results came back, high-risk molecules—and have a thor- chemicals and set an example for the trying to find out which products were ough process for studying them and country. Her tenacity unquestionably the culprits so she could get rid of then acting appropriately in the cases has led to a stronger bill. them, but largely she couldn’t find the where citizens are exposed to those products. This bill provides a process Senator MARKEY, as the sub- source. committee ranking member, brought She wrote: for looking at future chemicals before enormous depth of knowledge and lead- Even if I had [found the source], I wouldn’t they are put into our products, before ership to this process and was instru- have been safe from worry. You can try to they cause health problems for Ameri- avoid certain synthetic chemicals in your cans, before they cause disease, before mental in the negotiations. own home, but try avoiding them at work or Finally, I especially want to thank they cause cancer, before they cause on the bus. Products with industrial chemi- birth defects, and before they are at- Senators WHITEHOUSE and BOOKER, who cals, such as those sprinkled in carpets and tached to dust that gets into the lungs teamed up with me to push for impor- cushions supposedly to keep them from tant changes before the markup in bursting into flames, break down and are in of our little babies crawling on carpets. committee and who have been tremen- our dust. That would be a tremendous improve- dous partners through the process. As the information packet for the [wrist- ment. We will make sure everyday There are many others, of course, in band] experiment explained, ‘‘You can’t shop products are safe before they are in our your way out of the problem.’’ the Senate and in the House, on the classrooms, before they are in our Beth mentioned the issue of indus- Republican side and the Democratic workplaces, and before they are in our trial chemicals that are put into our side, who have played a role in getting homes. carpets, supposedly to keep them from Because of this bill, the EPA will this bill to where it is now—a few small bursting into flames. There is quite a have the tools and resources needed to steps from being signed into law. story behind these flame retardants in evaluate all of the dangerous chemicals I would like to specifically thank the our carpets, in our upholstery, in our that are already in the market, and Environmental Defense Fund. On any foam cushions, and it is not a story they will have the muscle to eliminate project like this, you need forces inside that will make any of us feel good. It unsafe uses. There is nothing more im- the building, but you also need forces will make all of us feel we need to have portant than helping the health and outside the building marshaling exper- this bill passed, however. well-being of Americans now and for tise, creating a conversation among Here is the challenge: These flame generations to come. grassroots proponents, and bringing retardants are cancer-causing. The One key element of this dialogue has their expertise and their insights to chemical industry got a bill passed re- been on whether it compromises the bear. Their lead senior scientist, Rich- quiring them to be put into household ability of States to act when they de- ard Denison, played an instrumental products such as foam, upholstery, and tect chemicals they are concerned role in the preparation of this bill. carpets. about. This bill has been specifically Many Americans don’t know that the Imagine that you are a new mother constructed to make sure States have chemicals in their household products or a new father and your little baby is that power. Any law written before are completely unregulated. It has down there on the carpet, their nose 1 April 22 is grandfathered. Certainly been 40 years since the last major re- inch from the floor, and then you read any bill that was written to control form to our Federal chemical laws took about the fact that carpet is permeated lead pipes in homes, that was written place. There has been absolutely no ac- with cancer-causing chemicals, that in the past, is grandfathered. You don’t tion of any kind since 1991, when there those chemicals cling to the dust that have to worry about any sort of pause was a failed effort to regulate asbestos, comes from the carpet as it is worn or preemption of State authority. which, again, citizens believe must out, walked on and so forth, and that Anytime the Federal Government surely be regulated given its incredible virtually every child gets exposed in says there is a high-priority chemical— impact on the public health of our Na- this fashion, increasing their risk of one they are going to take a close look tion. cancer. Wouldn’t you as a mother or fa- at—there is a period of time called But for 40 years the law has been ther say: That is outrageous. Why scoping. In that period of time, any badly broken, and for 40 years genera- doesn’t Congress do something about State that proposes a rule—all action tions of Americans have been exposed that? on that rule is grandfathered; it can go to unsafe chemicals and the Federal We are now poised to do something right ahead. If the State has passed a Government has been powerless to act. about that, to regulate cancer-causing law in that period, the law is grand- That is four decades too long. toxic chemicals in our household prod- fathered. The most powerful Nation on the ucts. It is way past time, but we have Then, during the period of time Earth should not be powerless to regu- to seize this moment and make it hap- which is referred to as risk evaluation late toxic chemicals in our everyday pen. following the scoping and determining products. Now we are on the cusp of Right now Americans are powerless what particular forms of exposure are passing a historic bill that will change to protect themselves from chemicals ones that create a risk, during that all of that. that hurt pregnant women, chemicals time, the only thing that would cause How bad is this problem? Last year I that hurt young children, chemicals a State to be unable to act is if it was partnered with the Environmental De- that can hurt their child’s develop- exactly the same chemical in exactly fense Fund and with researchers at Or- ment, and chemicals that could cause the same use out of the hundreds of egon State University to find out just cancer. thousands of chemicals in the world.

VerDate Sep 11 2014 00:47 May 27, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.025 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3249 Furthermore, even then, there is a of bipartisan accomplishments in the Collectively, we should have addressed waiver that says the State can act if Senate and in the House. This rep- the mandatory programs where the they show there is a scientific paper resents a lot of work on both ends of spending problems actually are, but in- that shows that chemical is a risk, if the building, Republicans and Demo- stead, over the past 6 years, the Budget they are not violating the supremacy crats coming together. As my friend Control Act has required almost $200 clause of the Constitution and if they said, it is about to get done. billion in defense cuts. Sequestration are not violating the commerce clause When we put this on top of a number remains the law of the land and will re- of the Constitution. So, in fact, States of accomplishments, including edu- turn unless Congress acts in 2018. have full power to operate throughout cation, including dealing with the Zika The Army now has 100,000 fewer sol- these phases as a result of these var- virus, including dealing with the drug diers than it did 4 years ago. The Ma- ious clauses. problem and so many other things, we rines will be nearly 5,000 below their The bipartisan team that has worked have actually been able to get legisla- optimal force. Our Air Force is the on this has run a marathon together. tion done and sent to the President and smallest it has ever been in the history Now, after many miles, innumerable signed into law to help make our coun- of the Air Force. And with 272 ships in meetings, and late nights, we are just try better, stronger, and better pro- the fleet, the Navy is well below its re- inches from a momentous improve- tected. quirement of 308 ships. ment over current law. Current law has I appreciate what my friend said I am pleased to serve as chairman of been completely, 100 percent dysfunc- about the TSCA bill. I am also opti- the Subcommittee on Seapower of the tional for decades, leading to the expo- mistic about it. Committee on Armed Services. As sure of our children, our babies, our- Madam President, switching gears to such, I was happy to work with other selves, and everyone in America to a the National Defense Authorization members of the subcommittee on the huge list of toxic chemicals. Act, I am also optimistic about that. Navy and seapower title to this bill. I Senators in this Chamber will get a Obviously, we had hoped to pass the want to thank my colleague Senator lot of attention for their work on this bill before Memorial Day as a tribute HIRONO of Hawaii, the ranking Demo- bill, but I wish to note that behind the to the people who have gone before us cratic member of the subcommittee, scenes, the staff has labored day and and paid the ultimate sacrifice for the for her leadership. night—a bipartisan team of staff. They freedom we enjoy as Americans. Obvi- As I said, we are years away from worked many late nights and they had ously, the bill has taken longer than I achieving the Navy’s ship requirement many sleepless moments while trying hoped it would and for reasons that are of 308 ships. There is also no plan to to figure out and finesse good policy hard for me to understand. Neverthe- meet the National Defense Panel’s rec- and a path that would keep this bipar- less, we are going to get to it. We are ommendation for more ships—either tisan effort rolling forward. on the bill now, and we are going to 323, at a minimum, or up to 346 ships. I especially wish to thank my staffer hopefully finish it the week after the So we are well away from where we who has taken the lead on this issue. Memorial Day recess. really need to be to protect America Adrian Deveny has done a tremendous I very much appreciate the fact that and our freedom of movement around job. He has put in an enormous amount we are going to pass another bipartisan the globe. Meanwhile, the Navy has of time contributing substantial exper- NDAA bill, which will be signed by the significant budget constraints. Its 2017 tise and has worked hard to reach out President. It is going to give our troops request is $8 billion less than the 2017 to other staff members and other of- the opportunity to have the tools and value presented in last year’s budget. fices to listen and understand the chal- resources they need in a very dan- Nonetheless, we worked on a number lenges and the many perspectives and gerous world. of items to do the best we can with the find a way forward. He made sure that It funds the Defense Department at money we have. First, we looked at the when things were tense, lines of com- $602 billion. Our friends should know viability of the 30-year shipbuilding munication stayed open. and the public should know that this plan. Secondly, we worked to ensure Because people stayed in the room $602 billion is the figure requested by that limited taxpayer dollars are used and listened to each other, the staff the President of the United States, so wisely. Thirdly, we looked forward to and the Senators, on a bipartisan, bi- we are coming with a bipartisan num- the future and what should be required cameral basis, remained committed to ber. We have had some questions on the of our future surface combatant ships the vision laid out by Frank Lauten- part of our friends on the other side of and what costs might constrain the berg that we will no longer allow the aisle about spending elsewhere, but budget. And fourthly, we worked to en- Americans to be routinely exposed to we should be clear—and there is no sure that the Navy and Marine Corps toxic chemicals in their household question about it—the President re- can continue to provide force protec- products. That means taking on the ex- quested $602 billion for defense, and tion around the world. isting chemicals, and that means hav- this bill gives our troops and the Presi- So thanks to the members of my sub- ing a process for new chemicals before dent that $602 billion. It deals with committee and my ranking member they are introduced and making sure such important issues as preserving the Senator HIRONO for that. they do not pose a new challenge, a progress we have made in Afghanistan, But seapower is only one part of the new disease, a new risk. continuing our fight against the Is- bill. It may be the one I have worked The finish line is within sight, and it lamic state, bolstering readiness on more carefully, but there are other is up to all of us to get there for the against an aggressive Russia, standing parts of the National Defense Author- safety and health of every American. up on behalf of one of our most impor- ization bill. As you know, Madam Let’s get it done. tant allies, the state of Israel, in a very President, there is no authorization in Madam President, I yield the floor. troubling time. the bill for another round of base clos- The PRESIDING OFFICER. The Sen- Earlier this year, Director of Na- ings. I very much support that provi- ator from Mississippi. tional Intelligence James Clapper said sion and believe that no further base Mr. WICKER. Madam President, are it correctly. He reiterated the reality closing rounds should be authorized, we in morning business? of unpredictable instability. And that and we don’t. The PRESIDING OFFICER. We are is what we are facing, Madam Presi- Also, there is an extension of prohibi- postcloture. dent. So this bill is designed to address tions on the closing of Guantanamo Mr. WICKER. I ask unanimous con- that. Bay and a prohibition of the transfer of sent to speak as in morning business. Also, I would mention it is designed any detainees from there. There is also The PRESIDING OFFICER. Without to alleviate some of the shortages support for the recommendation of the objection, it is so ordered. caused by the Budget Control Act when National Commission on the Future of Mr. WICKER. Madam President, let it was passed in 2011. The world is a lot the Army regarding aviation force me congratulate my friend from Or- different today than it was in 2011. As structure. I advocated the creation of egon for his remarks and simply point a last resort, the law put in place this commission, along with my col- out to the Chair and to my fellow across-the-board defense cuts that were league Senator GRAHAM, in the wake of Members that this is another example really never intended to take place. unvetted proposals to cut the size of

VerDate Sep 11 2014 01:01 May 27, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.026 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3250 CONGRESSIONAL RECORD — SENATE May 26, 2016 the National Guard and reallocate year, they might have second thoughts. other fire. Well, wait a minute. People Apache helicopters. So I am glad we I know I am getting asked a lot of wouldn’t put up with that in the com- have addressed that problem and are on questions by my family, not because of munity, and they certainly aren’t the way—hopefully week after next—to rain but because of something more going to put up with what we are see- passing this important bill. frightening. Since the beginning of the ing coming from the Republicans in the It is fitting that Americans will year, public health experts have been House. So they are playing games and gather on Memorial Day in the next warning us about a severe threat to denying doctors and researchers the few days, remembering the patriots moms and babies—the Zika virus. It money they need to keep us safe. who made the ultimate sacrifice and causes severe damage to fetal brains, Many of these Members talk tough honoring the patriots who are today birth defects, and even death. about keeping Americans safe, but voluntarily stepping forward to make Zika is not just coming to the United right now we have a frightening virus our country strong and great and help- States; it is already here. People are that is getting more severe every pass- ing all our citizens enjoy the freedoms concerned, and they want us to act. ing day. Yet Republican colleagues, we have today. There are already more than 150 preg- particularly in the House, have no I am glad to be part of this bill. I nant women in the United States who sense of urgency. We haven’t seen a congratulate the leadership of the com- have been infected, and we are hearing sense of urgency to take the Senate mittee and the Senate, and I look for- of more every day. We have four in compromise out of an appropriations ward to passing this Defense bill with- Michigan so far, and the threat is bill, put it into an emergency bill, and out further delay. growing. send it to the President. I yield the floor. We are fortunate to have doctors and Madam President, I can’t imagine The PRESIDING OFFICER. The ma- scientists at the Centers for Disease how scary this must be for a pregnant jority leader. Control and Prevention and the Na- woman right now—even for women in Mr. MCCONNELL. Madam President, tional Institutes of Health who have Michigan, where the threat is far less I ask unanimous consent that on Mon- the skills and the knowledge to get severe than in other parts of the coun- day, June 6, notwithstanding rule Zika under control. I have great con- try. Yet when my own family members, XXII, following morning business, the fidence in their ability to create a vac- when others across Michigan—friends I motion to proceed to S. 2943 be agreed cine, to do what needs to be done on talk to, the others I have had a chance to and the Senate proceed to the con- testing, and to get the information we to talk to in the last couple of weeks— sideration of S. 2943 and Senator FISCH- don’t have right now on the full impact turn on the television, they have to ER, or her designee, be recognized to of the Zika virus. hear from Republicans in Washington offer her amendment No. 4206; further, These brilliant minds are ready to go who refuse to take this threat seri- that the time until 5:30 p.m. be equally to work in the lab to find a treatment, ously. divided between the managers or their to develop a vaccine that can help pro- We have to take this seriously. Make designees, and that at 5:30 p.m. the tect the health of babies, of pregnant no mistake, this is a major public Senate vote on the Fischer amend- moms, and of women of childbearing health emergency. These mosquitoes ment, with no second-degree amend- age. We are now hearing about a dif- are not picking and choosing whether ments in order to the amendment prior ferent kind of reaction to the Zika they are going to bite Democrats to the vote. virus in men, as well, so we are still versus Republicans. The reality is that The PRESIDING OFFICER. Is there learning every single day. But that this is a public health emergency for objection? work will be costly. Specifically, these all Americans, and we need to treat it Without objection, it is so ordered. doctors and scientists asked for $1.9 as that. For Republicans to go home for Me- UNANIMOUS CONSENT AGREEMENT—EXECUTIVE billion, and they included an extremely CALENDAR detailed action plan for where the morial Day without dealing with this Mr. MCCONNELL. Now, Madam money would go and the work that threat is incredibly insensitive and ir- President, I ask unanimous consent would be done. responsible. We have work to do. This that at 1:30 p.m. today, the Senate pro- Unfortunately, we have not yet sent is another case where we need to make ceed to executive session for the en an appropriation to the President of sure we are doing our job. We are here; bloc consideration of Calendar Nos. 462 the United States to sign so they can we are willing to do that. We must and 463; that there be 15 minutes for de- get to work. Republicans in Congress equip our doctors and medical re- bate only on the nominations, equally have said no to the full request. Senate searchers with the tools they need to divided in the usual form; that upon Republicans have agreed to $1.1 billion. keep our families safe. the use or yielding back of time, the I am glad we have been able to get For a threat of this scale, we should Senate vote on the nominations in the agreement to move something forward not be delaying in any way, and we order listed without intervening action as a first step, even though it is not can’t do this on the cheap. We can’t or debate; that if confirmed, the mo- what the scientists and doctors have only do part of it. We have to do what tions to reconsider be considered made said needs to happen. But I signed on needs to be done with the doctors, the and laid upon the table; that the Presi- because it was the best we could get at researchers, and the people we trust in dent be immediately notified of the the moment, and we have to get start- our country. We have the most bril- Senate’s action, and the Senate then ed. liant minds in the world. They are tell- resume legislative session without any What is incredibly concerning is that ing us what needs to be done, but they intervening action or debate. the House of Representatives was even need the resources to get it done. The richest Nation in the world can’t The PRESIDING OFFICER. Is there more shortsighted. They gave research- afford to take the steps necessary to objection? ers only one-third of what they asked defeat the world’s most urgent public Without objection, it is so ordered. for—one-third of what they say they health crisis. Really? I don’t think so. The PRESIDING OFFICER. The Sen- need to go into the lab and develop the It is time to act. ator from Michigan. vaccines that will protect our children, Madam President, I yield the floor. ZIKA VIRUS will protect pregnant moms, and pro- I suggest the absence of a quorum. Ms. STABENOW. Madam President, tect all of us who may be impacted in The PRESIDING OFFICER. The we are here just a few days before Me- some way. clerk will call the roll. morial Day, when all across the coun- On top of that, in the House, they are The senior assistant legislative clerk try, Americans are going to go to pa- using gimmicks to disguise the fact proceeded to call the roll. rades to pay tribute to troops who that they are raiding one public health Mr. VITTER. Madam President, I ask made the ultimate sacrifice. They will fund to pay for another. So it is as if unanimous consent that the order for invite friends and family over and fire there is a fire, and you send a fire en- the quorum call be rescinded. up the grill. I think we all look forward gine out. Then another fire starts on The PRESIDING OFFICER. Without to those family gatherings. the other side of town. And instead of objection, it is so ordered. At least that is what Americans usu- sending a different fire engine out, you Mr. VITTER. Madam President, I ask ally do over this holiday weekend. This just take the one and send it to the unanimous consent that since Senator

VerDate Sep 11 2014 01:01 May 27, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.028 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3251 INHOFE and I will speak on the same overwhelming support—I think there ber of Commerce, Humane Society, Na- important topic, we speak back to back were a total of 12 ‘‘no’’ votes. Not many tional Association of Manufacturers, for up to 15 minutes total. things come to the U.S. Senate with March of Dimes, American Petroleum The PRESIDING OFFICER. Is there this sort of near unanimous or unani- Institute, National Wildlife Federa- objection? mous support. Nothing in the last sev- tion, Alliance of Automobile Manufac- Without objection, it is so ordered. eral decades in the category of major turers, Americans for Tax Reform, Na- FRANK R. LAUTENBERG CHEMICAL SAFETY FOR environmental legislation has done tional Association of Chemical Dis- THE 21ST CENTURY BILL that. tributors, and American Fuel & Petro- Mr. VITTER. Madam President, we This is a major achievement, and it chemical Manufacturing. Everybody. rise together with so many other Mem- is a positive achievement when we look We are talking about labor unions and bers of the Senate on a bipartisan basis at the substance of the legislation. It manufacturers. It is very rare. to strongly support the chemical safety ensures the proper protection of health I agree with the Senator from Lou- bill which passed the U.S. House of and safety for all Americans because isiana. I don’t recall, in my experience Representatives with enormous bipar- these are chemicals in products that here, ever having the array of support tisan support and is ready to pass here we use and touch every minute of every from organizations and people that we in the Senate. day and that enhance our lives and have with this. I have been working This is a long day coming. First, this quality of life, and it is a workable reg- along with that group since 2012, and is an element of Federal law that has ulatory regime that does it in a work- then Senator Lautenberg approached been in dire need of updating. All able way so that American companies me and asked for my help. I think that stakeholders—left, right, and middle— in this sector—and a lot of them, I am was the time Republicans became a have said that for decades. Secondly, proud to say, are in Louisiana—can re- majority—no, we were still a minority we have been working on this specific main science and innovation leaders. at that time. But he wanted to have ev- bill, this solution to that problem, for That is why it has widespread industry eryone involved in this from the dif- over 5 years. support. That is why it has widespread ferent parties and different philo- I started over 5 years ago with what support among many other groups, in- sophical realms, and that is exactly I think we would reasonably charac- cluding environmental groups. That is what happened. terize as a Republican proposal, in con- why it garnered such an overwhelming I know my friend Bonnie Lautenberg, trast to a clearly Democratic proposal bipartisan vote in the U.S. House of as I mentioned, is here today. I have by then-Senator Frank Lautenberg. We Representatives. And that is why it has never seen a bill in process that has had these competing partisan proposals overwhelming bipartisan support here garnered the support of someone like, for some time, but in early 2013 we in the Senate. The Senate version of in this case, the widow of Frank Lau- made a very determined effort to try to this bill passed by voice vote. There tenberg. She is there all the time, mak- bridge that divide and come up with a were no articulated objections to it. It ing sure this proper tribute we are strong bipartisan proposal to achieve passed by voice vote with very strong going to make today becomes reality. two absolutely necessary objectives: support. That remains the base of this I think the key provisions have been one, to make sure we fully protect the bill. That remains the heart and soul of covered by my friend from Louisiana. health and safety of all Americans with this bill. Let me join him in thanking all our regard to chemicals that are in prod- The final version—the bill we are friends from the left and friends from ucts we use every day—that is para- considering now—has been posted on- the right for joining together on some- mount, and that has to happen—and line for almost a week. Under the thing that is really good for America. two, to make sure we do it in a way House rules, that needed to happen. One thing that hasn’t been talked that allows American companies to re- That happened late last week, and it about very much is the number of jobs. main science and innovation leaders in has been publicly available for some I talked to a large group of manufac- this important sector of our economy. time, certainly enough time for all turers yesterday, and they said we I have to say that when we started Members to dissect and digest it. So I never talk about jobs. There are jobs these discussions in early 2013, I think encourage final positive action on this overseas today because of the uncer- both Frank Lautenberg and I were very bill to move us forward in a significant tainty here in terms of how we are cynical about our chances of success. way. treating chemicals in this country. We were miles apart, but we were de- Madam President, with that, I yield They can’t put forth the money and re- termined to get this done. We met and to the chairman of the committee, who sources necessary unless they know negotiated and discussed in good faith. has been a great leader to advance this there is certainty that they are going Our staffs did as well. That led to a cause. to be able to use whatever chemicals real breakthrough in 2013—a bipartisan The PRESIDING OFFICER. The Sen- they have to use to produce whatever bill to update this area of environ- ator from Oklahoma. they are producing. Where are they mental law with regard to chemical Mr. INHOFE. Madam President, first, now? They are in China, India, Mex- safety. let me thank the Senator from Lou- ico—places where they don’t have to In 2013 we introduced the first bipar- isiana. It has been a long fight for a deal with this problem. So that is a tisan proposal with regard to that. long time. Of course, I understand that major thing that is happening. Sadly, Frank Lautenberg passed short- Bonnie Lautenberg—who has been a UNANIMOUS CONSENT REQUEST—H.R. 2576 ly after we completed that work and very significant part of the discussion Madam President, I ask unanimous introduced that bill. But I am very as we have gone along—is here today, consent that at a time to be deter- happy that many others took up the and she is living this historic day with mined by the majority leader, in con- cause, led on the Democratic side by us. I say ‘‘historic day’’ because the sultation with the Democratic leader, TOM UDALL of New Mexico. Many oth- Senate can take the final steps nec- the Chair lay before the Senate the ers were involved. I see Senator BOOK- essary to send the Frank R. Lauten- message to accompany H.R. 2576; fur- ER here, Frank Lautenberg’s successor berg Chemical Safety for the 21st Cen- ther, that the majority leader or his in that New Jersey Senate seat. He has tury Act to be signed into law. That designee be recognized to make a mo- been involved. Certainly the chair of can happen today. Today the Senate tion to concur in the House amend- our committee, JIM INHOFE, has been can pass a bill with a tremendous ment to the Senate amendment; that extremely involved and in the weeds in amount of support. I think the Senator there be no other motions in order and a positive way and supportive. Over the from Louisiana articulated it very there be up to 3 hours of debate equally 3 years since the introduction of the well. We had individuals from the far divided between the two leaders or first version of the bill, that led to this right and the far left all in agreement. their designees on the motion; finally, strong bipartisan bill we have before us I would add to that that we have an that upon the use or yielding back of that passed the House with over- impressive list of groups that are sup- time, the Senate vote on the motion to whelming support. porting this: the Obama administra- concur in the House amendment to the Not many things pass the U.S. House tion, American Chemistry Council, En- Senate amendment with no intervening of Representatives with that sort of vironmental Defense Fund, U.S. Cham- action or debate.

VerDate Sep 11 2014 01:01 May 27, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.030 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3252 CONGRESSIONAL RECORD — SENATE May 26, 2016 The PRESIDING OFFICER. Is there way, but we certainly will in the near the EPW Committee and others for objection? future, and I look forward to that. working on a bill that does earn, in my The Senator from Kentucky. The PRESIDING OFFICER. The Sen- opinion, speaking as a man from New Mr. PAUL. Madam President, reserv- ator from Oklahoma. Jersey, the right to have the name of ing the right to object, one of the Mr. INHOFE. Madam President, I re- my predecessor Frank Lautenberg on pledges I made to the people of Ken- gret that the Senator from Kentucky it. tucky when I came here is that I would has left the Chamber because the two Senator Lautenberg was a giant in read the bills. This bill came here on things he mentioned were the criminal New Jersey. He served this country Tuesday. It is 180 pages long. It in- provisions and the preemption. The with distinction. He was a veteran. He volves new criminalization—new criminal provisions and the preemption was a public servant. He actually ran a crimes that will be created at the Fed- have been with us for 6 months—not for business and grew it to be a mighty one eral level. It includes preemption of 2 days, not for 3 days, but for 6 months. in my State and beyond. You cannot States. It includes a new Federal re- That is exactly what we voted on in truly begin to appreciate the void that gime which would basically supersede December. You can’t ask for more time regulations—or lack of regulations—in than that to consider the provisions of was left by him, but the great thing Louisiana or Texas or Oklahoma. I a bill. about this champion of transportation, think it deserves to be read, to be un- The other thing is that we are all of infrastructure, of consumer safety, derstood, and to be debated, so I object supporting the two components of the of fighting for his fellow citizens, this to just rushing this through and say- bill—that is, the criminal provisions champion’s work, where he began ing: Oh, you can’t read the bill. and the preemption. Again, they have working in partnership with Senator I told people—everybody involved in been here for 6 months. VITTER to try to move this forward and this—I just want to read the bill. We I ask that we have a chance to recon- then sadly died—this is one of his great have been working on it now for 2 days, sider. We know this is going to pass. legacies. One of his great contributions looking at the bill. We have been talk- We know that when we get back, it will was his effort to begin what has now ing to people who worked on the bill. Is pass. It will pass because we have to go been a multiple-year effort to reform it not unreasonable to ask that we through all the procedures of a cloture the toxic hazardous chemical law. Sen- have time to read a bill? vote on the motion to proceed and all ator Lautenberg’s efforts were the in- Here is the other problem: Every day that. So we know it is going to pass. stigating factor, the ignition of this in my office, business comes into my That is not the issue. It is just that if success that we are having today of office. And what do they say? We are we could do it now instead of 2 weeks such a broad-based bill, of such broad- regulated to death. We are sick and from now. There are people making de- based support. It reflects his work, his tired of regulators from the executive cisions today as to what they are going efforts, and his legacy. branch who are out of control. to be doing and what products they are I am very proud I had the honor of So what does this bill do? It takes going to be manufacturing and where finishing Senator Frank Lautenberg’s the power away from the States and they are going to do it. And to put that term in the Senate last year. During creates a new Federal regulatory re- off for 2 more weeks after we have been that time and still today, I see on a gime. working on this for 6 months is not a daily basis the urgency around his ef- Here is the whole problem: People are fair way to conduct business. forts. now saying ‘‘Please regulate us,’’ and I hope that later on today we will when they get overregulated, they say have an opportunity to get this done. I know that after Senator Lauten- ‘‘Please stop overregulating us.’’ There is no reason not to do it. Every- berg passed, his spirit was still very We should think through how we are one is for it. Every group I mentioned much manifest in this area when his going to do things around here. We is for it. Every Democrat, Republican, wife, Bonnie Lautenberg, took up the should take the time to read the bills. liberal, conservative is all for it. This important cause and served as one of We should take the time to understand is our opportunity to get it done. There the fiercest champions in strength- the bills. is still time today to do that. I hope ening this bill we are talking about I will continue to object until we that between now and 1:45, which is the now. She was here working, lobbying, have had time to look at the bill thor- scheduled time for our vote, that will nursing, pushing, cajoling, convincing, oughly. With that, I object. be a reality. making sure we got to this day.

The PRESIDING OFFICER (Mrs. I yield the floor. I am very proud that during my 21⁄2 ERNST). Objection is heard. The PRESIDING OFFICER. The Sen- years, I was able to enter into the work The Senator from Louisiana. ator from New Jersey. to get this legislation to where it is Mr. VITTER. Madam President, let Mr. BOOKER. Madam President, I am today. I saw Senator TOM UDALL’s lead- me say that I regret an objection to very grateful that my chairman of my ership, and I want to praise that. I saw this very reasonable path forward. No committee, Environment and Public how tireless he was working on this. I Works, spoke so eloquently about the one objects to all Members of the Sen- am grateful for Senator UDALL’s, Sen- issues surrounding this bill. I am new ate reading the bill. I encourage all ator VITTER’s, Chairman INHOFE’s, and Members of the Senate to read the bill. to the Senate—at least in Senate everyone’s staff, as they worked to- 1 There has been and is continuing op- terms—because I have been here for 2 ⁄2 gether to get this bill to where it is portunity to do that. years, but I have never seen such a today. As you heard, that unanimous con- broad-based coalition involved in sup- sent request wasn’t rushing through porting a bill—a coalition that extends At the beginning of 2015, my col- anything; it was a 3-hour debate and a from the far right to the far left, a coa- leagues, Senator WHITEHOUSE and Sen- rollcall vote. lition that brings industry and activ- ator MERKLEY, and I began by negoti- The final version of the bill has been ists together, a coalition that brings ating with Senators UDALL and VITTER publicly available for everyone to read, environmentalists together, as well as to make what we saw as urgently need- dissect, and digest for about a week. It those who seek economic growth. This ed improvements to this bill. Working is largely similar to the Senate version is a tremendous coalition. But even together, I am proud we were able to that passed months ago and to which more so for me as a relatively new Sen- make those improvements to the pre- there was no objection raised. That ator, it has been one of the greatest emption provisions that were involved passed by voice vote. So there is no im- privileges I have had in the Senate to in some of the things my colleague pediment to everyone having adequate work together in such a cooperative from Kentucky was just talking time to read and digest the bill. The way to bring about legislation for about—making sure that States still final version has been available for which you really could build such a have a role in the process, still have that purpose for about a week. broad base of support. power and authority in this process, I think it is unfortunate that we I applaud my colleagues, and I ap- and have the ability now to co-enforce can’t move forward in this sort of plaud the chairman and the ranking with the Federal Government around clear, reasonable, and straightforward member. I applaud all the members on this bill.

VerDate Sep 11 2014 01:01 May 27, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.031 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3253 I was also very proud of a provision raiser in the State for the Cotter Back- nately, we are facing an epidemic now, in this bill that will significantly mini- pack Program, a local charity that pro- and I want to rise today to talk about mize new animal testing and poten- vides backpacks of food to school- how we can do a better job to address tially save tens of thousands of ani- children in need. His efforts led to Cot- that. This is the seventh time I have mals from unnecessary suffering. ter schools receiving the Spirit of Ar- come to the floor of the Senate to I am proud that the revised bill kansas Award 2 years in a row. speak on this issue since the Com- passed out of the EPW Committee with David also spends countless hours or- prehensive Addiction and Recovery Act strong bipartisan support. I am also ganizing the annual Cotter Warrior 5K passed the Senate on March 10. That proud that since the EPW Committee Color Run each fall. Earlier this year, vote was 94 to 1, showing that Members has improved this bill, Senators UDALL David planned a community Feed the from every single State are affected by and VITTER have stayed at the negoti- Pack Day, where volunteers collected this and want to address it. The Com- ating table and continued to take input change at intersections and various prehensive Addiction and Recovery from folks on both sides of the aisle, other sites around the Mountain Home Act, CARA, is a good start and will continuing to make this a better bill. and Gassville area and donated the pro- make a big difference because it is Senators MERKLEY, DURBIN, BOXER, ceeds to fight hunger in the region. comprehensive and it addresses every the bill’s sponsor, and others have On the weekends, you can find David aspect of the issue, from education and made additional changes to make this at the football field, where he is one of prevention through treatment and re- bill strong. the voices of the Arkansas Tornados, a covery, and helps our law enforcement We would never have gotten this local semiprofessional football team. I folks and helps get these prescription strong of a TSCA reform bill if it think Cotter High principal Amanda drugs out of our communities. It is a weren’t for the work of people on both Britt said it best when she wrote in her good piece of legislation that I hope we sides of the political aisle, if it weren’t nomination of David, ‘‘He is always will be able to get to the President’s for the work of people within industry, willing to step in and help for anything desk for his signature. if it weren’t for the work of advocacy we need.’’ For the first 5 weeks I came to the groups, and if it weren’t for groups I David’s tireless dedication to his floor, I talked about the fact that I have come to respect a tremendous community is Arkansas at its very hoped the House would act. I urged the amount, such as the Environmental best, and I am proud to recognize his House to act quickly on this emer- Defense Fund, whose early engagement many contributions in this small way. gency that is affecting our commu- and constant pressure played such an David, on behalf of all Arkansans, nities. Last week I came to the floor to important role. thank you for all you do to make our This is one of those rare moments say thank you to the House because home State a better place. they did act. They voted on 18 separate where you have a full court press, both I yield the floor. sides of the aisle and individuals who bills. Combined, they were a response The PRESIDING OFFICER. The Sen- to this epidemic, and I think that was are representing multiple sectors all ator from Ohio. coming together to make a strong bill. a very important step forward. Mr. PORTMAN. Madam President, I I am encouraged that now the two They are making a strong bill because ask unanimous consent that the Sen- everyone was in agreement that the Chambers, the House and Senate, are ate now proceed to executive session trying to figure out a way to come to- legislation we had—decades’ old, the for the consideration of the nomina- TSCA bill—was broken. It was broken gether with a conference to come up tions previously ordered. with one bill that can be sent to the in that it did not protect consumer The PRESIDING OFFICER. Without President for his signature. I do believe safety. It was broken in that it did not objection, it is so ordered. the legislation we passed in the Senate give predictability and certainty to the f industry. It was broken because it put is more comprehensive, and I hope the America’s health at risk. Whether it EXECUTIVE SESSION House will be willing to take some of was children or our seniors, it created our measures, particularly in the area of prevention, which was left out, be- an environment where people could get EXECUTIVE CALENDAR sick. It had no teeth. It had no cause I think preventing this addiction strength. When this bill becomes law, The PRESIDING OFFICER. Under in the first place and keeping people it will protect American families, it the previous order, the Senate will pro- out of the funnel of addiction is incred- will protect our children from dan- ceed to executive session for the en ibly important. gerous chemicals, and it will give in- bloc consideration of the following It has been 77 days since the Senate dustry the certainty it needs. nominations, which the clerk will re- passed CARA, and we lose about 120 I urge my colleagues to pass the port. Americans a day to drug overdoses or Frank Lautenberg bill today. I want to The bill clerk read the nominations about 1 every 12 minutes. This means thank everyone again. This is a result of Laura S.H. Holgate, of Virginia, to we have lost about 9,000 Americans to of a tremendous coalition of efforts, a be Representative of the United States drug overdoses since the Senate passed symphony of focus and work, of people of America to the Vienna Office of the this legislation back on March 10. coming together to do something that United Nations, with the rank of Am- About 300 Ohioans have lost their lives many people think is rare in the Sen- bassador; and Laura S.H. Holgate, of to heroin and prescription drug ate—that we all can work together Virginia, to be the Representative of overdoses. across partisan lines to make good leg- the United States of America to the We were told by the Centers for Dis- islation. International Atomic Energy Agency, ease Control and Prevention that in I yield the floor. with the rank of Ambassador. 2014 Ohio had the second most The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Under overdoses of any State in the Union ator from Arkansas. the previous order, there will be 15 and fifth highest, overall, overdose TRIBUTE TO DAVID MCBEE minutes equally divided for the consid- death rate. Mr. COTTON. Madam President, I eration of these nominations. I have seen the consequences of this want to recognize today David McBee The Senator from Ohio. every time I go home. I will be home of Gassville, AK, as this week’s Arkan- COMPREHENSIVE ADDICTION AND RECOVERY BILL tomorrow and will have the oppor- san of the Week for his charitable con- Mr. PORTMAN. Madam President, I tunity to visit with some people who tributions to his North Arkansas com- rise today to talk about an issue that are trying to help on this issue, but ev- munity. By day, David is the regional affects all of us in this Chamber and all erywhere I go I hear about it. manager at Arvest Bank’s Yellville of the communities we represent. I also Last night I had a tele-townhall branch, but he spends much of his free rise on behalf of the 200,000 Ohioans meeting. We have about 25,000 Ohioans time after work and on the weekends who are currently struggling with an on the phone at any one time at these volunteering for several causes in the addiction to prescription drugs or opi- tele-townhall meetings. Somebody area. ates. called in to talk about our legislation, Last year, David’s leadership helped Heroin and prescription drug addic- CARA. His name was Joe. He is from his Arvest branch become the top fund- tion has gripped our country. Unfortu- Delta, OH, and he was very open about

VerDate Sep 11 2014 01:01 May 27, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.033 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3254 CONGRESSIONAL RECORD — SENATE May 26, 2016 his situation. He said he had been a and like so many others, she became more funding is the answer to all of our heroin addict for 15 years. He said he addicted to them. When she ran out, problems. Unfortunately, some have was 33 years old. He said he had a this grandmother switched to heroin. tried to politicize this a little bit, and stroke when he was 25 that was related It is less expensive and more acces- I suggest what they are doing is not to his use of heroin. He said he had sible. She fought this addiction for 10 going to help because what we need to been in and out of treatment programs. years, but Mary Jo was found dead in do is get a comprehensive bill out there He was clean now, but he was tired of the backyard of an abandoned house in that talks about providing funding— going to funerals. He said he had been the west side of Cleveland recently in and I believe there should be more a pallbearer at about 20 funerals of her late fifties. funding—that goes to the evidence- friends of his who had died from These are just stories from one town, based programs we know work, and overdoses. He said he was ready to Cleveland, but they can happen in your that is what this legislation does. It is straighten out his life and get back on hometown. Again, no ZIP Code in the based on 3 years of work. We brought track. He also talked about how tough country is safe from this strong grip of experts in from all over the country. that is; that the grip of this addiction this particular addiction. We had five conferences in Washington, is so strong, it is very difficult to go Just last Friday, police in Niles, OH, DC. We had conferences about how to through a treatment program and into seized $100,000 worth of heroin from one help our veterans, pregnant moms, ad- recovery and come out clean. He said man. Three days later, a prison guard dicted babies, and ensure that we have he likes our legislation because he be- in Athens, OH, pled guilty to assisting more people who are given the right lieves there should be more treatment the drug traffickers and getting drugs kind of treatment—medication-as- out there. He said many people who into the prison system. sisted treatment—to be able to get want to go to treatment cannot get the In Columbus, a mom pled guilty to back on track. treatment they need. We also talked involuntary manslaughter after her Yes, I have supported more funding, and we should continue to try to get about the stigma that is attached to daughter, Annabella, who was just 14 more funding to address this problem, addiction. That many people don’t go months old, ingested fentanyl-laced but it is not just a matter of putting forward to even tell their families, heroin at a drug house. Annabella died more money into it, it is also a matter much less get into treatment, because of an overdose and her mom is now fac- of spending that money wisely. That is of the stigma around this disease. ing up to 11 years in prison. Fentanyl, what this legislation does. Yes, there is Unfortunately, stories like Joe’s are by the way, is a synthetic form of her- more money. It has $80 to $100 million in the headlines every day. Just since I oin. It has similar qualities except it is in additional funding, but it also has spoke on the floor last week, more much stronger—often as much as 50 funding that will be used for what we headlines are coming out of Ohio. It is times stronger than heroin. Unfortu- know works. everywhere, by the way. It knows no nately, many of the overdose deaths in We need to be sure we do this soon ZIP Code. It is in the inner city, it is in Cleveland are due to the fentanyl that because, again, this epidemic is grow- your community wherever you live, it is often laced with the heroin. In fact, ing. CARA, Comprehensive Addiction is in suburbs, and it is in our rural there have been more deaths in Cleve- Recovery Act, insists that we are tar- areas. In fact, the per capita use in land, OH, in this first quarter than geting this funding toward evidence- rural areas may be higher than it is in ever. In fact, we are looking at prob- based education, treatment, and recov- the inner city. ably doubling the number of overdose ery programs. There are 130 national This week the Cleveland Plain Dealer deaths if we continue on this pace in anti-drug groups that support this leg- began a series of stories on those whose Cleveland, OH, compared to last year. islation because of the fact that they lives have been cut short by this epi- This is how serious it is in my State were part of putting it together. They demic, and I applaud them for that. By and your State, wherever you live. know what works out there and what raising awareness of this issue, I think On May 9, Ohio State troopers seized doesn’t work. This is a national effort. that will help in terms of the preven- $20,000 in heroin on Route 23 in Marion It is one that will save lives and will tion side of this, and I think it will also County, a rural area. Just 3 days later, make a difference in so many other help people to be able to seek treat- three people died of drug overdoses in people’s lives and will begin to actually ment. Marion County in a 24-hour period. turn the tide on this epidemic. The stories the Cleveland Plain Deal- Every one of these victims had fam- Again, this legislation is one that 94 er is featuring includes a fentanyl over- ily, friends, or classmates who are now Senators supported. Only one Senator dose death of an 18-year-old named suffering themselves. It shouldn’t be opposed it. Again, that shows how this Nicholas DiMarco, who was an honor this way, but unfortunately that is just has become an issue in every single student at North Olmsted High School. the tip of the iceberg. In addition to State that has to be addressed because They include the story of Patrick the 9,000 Americans we have lost since it is affecting everybody in every com- O’Malley, a bright, young graduate of this legislation passed the U.S. Sen- munity. CARA has a number of things Ohio University. Patrick used prescrip- ate—think about this—there are hun- on prevention education that are in- tion painkillers—drugs we all know the dreds and thousands more who are credibly important to keep people out names of, like Vicodin and Percocet. wounded. They have lost their jobs, of the funnel of addiction and help peo- He abused them and became addicted. been driven to theft or fraud, gone to ple make the right decisions, particu- Money started being missing from his jail, broken relationships with loved larly for teens, parents, other care- mom’s wallet. Laptops, televisions, and ones because the drug is everything. takers, and aging other populations. It other items went missing from their This is what I hear and what I heard does more in terms of making people home. He told his brother he didn’t last night in the tele-townhall. What I aware of this connection between pre- want to keep using. He wanted to stop. hear from other recovering addicts is scription drugs and heroin. Probably He said he had a disease, and it is a dis- that the drug becomes everything. four out of five heroin addicts in Ohio ease. He sought treatment and went Therefore, the families are torn apart today started out with prescription into rehab at the Free Clinic in Cleve- and therefore the job means nothing. drugs, and for people to know that, it land, OH. I have been there and have They turn to theft when they had never helps them avoid being in the situation seen the good work they do. Sadly, he before crossed that line of committing they are, like the grandmother in relapsed, and just 2 weeks later his a crime. That is the status quo today. Cleveland I talked about who was ex- brother found him dead in his bedroom Getting a comprehensive bill to the posed to more and more painkillers and with a needle stuck in his arm. He was President’s desk for signature and get- became addicted to them. 25 years old. ting it to our communities will help. It CARA also improves treatment by Unfortunately, these stories continue has to be comprehensive because we expanding the availability of naloxone. to be told because this is what is hap- know it is not going to work if it just This is the miracle drug that can actu- pening in our communities. Mary Jo addresses one side of the issue or an- ally stop and reverse an overdose. Law Trocano was a grandmother who had other. enforcement agencies and first re- chronic pain. She was prescribed pain- There has been a debate over funding sponders support our legislation be- killers to deal with her chronic pain, for this legislation. Some have said cause they appreciate the fact that

VerDate Sep 11 2014 01:01 May 27, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.035 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3255 there is more funding for naloxone, She didn’t want to live like that any- VOTE ON HOLGATE NOMINATION also called Narcan, and also because more. She checked into Trumbull Me- The PRESIDING OFFICER. The there is more training in our legisla- morial Hospital in Trumbull County. It question is, Will the Senate advise and tion so people have the training to be took her 18 months to recover. consent to the Holgate nomination? able to save lives and reverse these She said: The nomination was confirmed. overdoses. I had to re-learn to walk, talk, everything, VOTE ON HOLGATE NOMINATION It also expands treatment for pris- without dope. It was like being born all over The PRESIDING OFFICER. The oners who are suffering from addiction again. question is, Will the Senate advise and disorders. With evidence-based treat- Four years later, she is clean and has consent to the Holgate nomination? ments, we can break this cycle of ad- Mr. CARDIN. Madam President, I ask diction and crime. Prosecutors have full custody of her three sons. She is working for the Trumbull County Chil- for the yeas and nays. told me that in some counties in Ohio, The PRESIDING OFFICER. Is there a more than 80 percent of the crime is dren’s Services. She is helping others fighting addiction and excelling at her sufficient second? now directly related to this opioid ad- There appears to be a sufficient sec- diction. We are told that 95 percent of job. She is beating this. ond. the people who are in jail or prison will The PRESIDING OFFICER. The Sen- The clerk will call the roll. be released someday and about half of ator’s time has expired. The bill clerk called the roll. them will end up back in jail within 2 Mr. PORTMAN. Madam President, I Mr. CORNYN. The following Senator or 3 years. Much of the recidivism, this hope we can send this comprehensive is necessarily absent: the Senator from revolving door in the prison system, legislation to the Whitehouse as soon Arizona (Mr. FLAKE). has to do with this drug abuse issue. as possible, to give more people hope, Mr. DURBIN. I announce that the Families are torn apart when people go to be able to reverse the tide of this ad- Senator from Connecticut (Mr. back and forth in the prison system. diction and allow those Americans to BLUMENTHAL), the Senator from Penn- One of the reasons for the increase in live out their God-given purpose. sylvania (Mr. CASEY), and the Senator crime, and why many crimes are com- I yield back my time. from Vermont (Mr. SANDERS) are nec- mitted, is to pay for an addiction. The PRESIDING OFFICER. The Sen- Breaking that cycle will help ex-of- essarily absent. ator from Maryland. The PRESIDING OFFICER (Mr. fenders stay out of prison and help Mr. CARDIN. Madam President, them to live out that God-given pur- HOEVEN). Are there any other Senators shortly we will be voting on Laura in the Chamber desiring to vote? pose. Holgate for the nomination to the posi- CARA also expands disposal sites for The result was announced—yeas 67, tion of Ambassador and U.S. Rep- unwanted prescription medications to nays 29, as follows: resentative to the Vienna Office of the keep them out of the hands of our kids. [Rollcall Vote No. 88 Ex.] United Nations and the International It would strengthen prescription moni- YEAS—67 Atomic Energy Agency, IAEA. toring programs to allow the States to Alexander Gillibrand Nelson monitor what goes on in their own I urge my colleagues to vote for her Baldwin Graham Paul State and to also know what is hap- confirmation. She came through the Bennet Grassley Perdue Booker Hatch pening in the State next to them. If Senate Foreign Relations Committee Peters Boxer Heinrich Reed somebody is monitored for overusing and is strongly recommended by that Brown Heitkamp committee. Reid prescription drugs in one State but can Cantwell Hirono Rounds simply cross the line into another Ms. Holgate’s extensive experience Capito Isakson Schatz Cardin Kaine Schumer State and get those drugs, that doesn’t makes her uniquely qualified to serve Carper King Shaheen help solve the problem. This legislation in this position. She has served in sen- Cassidy Klobuchar Shelby ior positions in the Department of En- Coats Leahy provides the ability to have a drug Stabenow ergy and the Department of Defense for Cochran Manchin monitoring program that is inoperable Collins Markey Tester between the States. 14 years, building and leading global Coons McCain Tillis These are critical policy improve- coalitions to prevent States and terror- Corker McCaskill Udall ments, and they are part of a com- ists from acquiring and using weapons Cornyn McConnell Vitter Donnelly Menendez Warner prehensive approach to an epidemic of mass destruction. Durbin Merkley Warren that is devastating communities across She currently serves as the Senior Ernst Mikulski Whitehouse the country. Yes, we need more fund- Director for Weapons of Mass Destruc- Feinstein Murkowski Wicker ing, but we also need some of these Franken Murphy Wyden tion, Terrorism and Threat Reduction Gardner Murray changes in law to be able to spend the on the National Security Council. Hav- money more effectively. ing this post filled with a highly quali- NAYS—29 I know these statistics about drug fied nominee has never been more crit- Ayotte Fischer Risch abuse are heartbreaking and can be ical. The position of the U.S. represent- Barrasso Heller Roberts very discouraging, but there are also Blunt Hoeven Rubio ative to multiple U.N. agencies as well Boozman Inhofe Sasse many stories of hope we should not for- as the IAEA includes the U.N. Office on Burr Johnson Scott get, and those stories are inspiring. It Drugs and Crime, the United Nations Cotton Kirk Sessions Crapo Lankford is about those who are struggling and High Commissioner for Refugees, and Sullivan Cruz Lee Thune find a way to get their lives back to- Daines Moran the International Monetary Money Toomey gether. Laundering Information Network, Enzi Portman Ashley Bryner of Newton Falls, OH, among many others. which is near Youngstown, started NOT VOTING—4 This position covers a range of other using drugs when she was 13 years old. Blumenthal Flake issues at the IAEA, including North Casey Sanders By 16 she had gone to cocaine and by 18 she was addicted to painkillers. When Korea. The International Atomic En- The nomination was confirmed. she was 24, she switched to heroin when ergy Agency in the coming years will The PRESIDING OFFICER. Under the painkillers became too expensive be responsible for monitoring and the previous order, the motions to re- and too hard to get. Again, heroin is verifying the nuclear agreement with consider are considered made and laid less expensive than prescription drugs Iran, confronting North Korea’s contin- upon the table, and the President will today in my State of Ohio. ued violations of its nuclear obliga- be immediately notified of the Senate’s She said: tions, and dealing with a variety of action. other nonproliferation threats. We When I was in addiction, I was living in f hell. It just takes over your mind. . . . Ev- need Laura Holgate in this position to erything I did when I was using was all to represent U.S. interests and for our na- LEGISLATIVE SESSION feed my addiction. tional security, and I urge my col- The PRESIDING OFFICER. Under The drugs became everything. Then leagues to support her nomination. the previous order, the Senate will re- she decided to get help. She was ready. I yield the floor. sume legislative session.

VerDate Sep 11 2014 01:40 May 27, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.036 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3256 CONGRESSIONAL RECORD — SENATE May 26, 2016 The Senator from Arkansas. who filed a wage discrimination case Let’s pass this resolution. Let’s show f with the Equal Employment Oppor- our support for the U.S. women’s soc- tunity Commission. cer team. Let’s set an example for MORNING BUSINESS Shortly after the news of that have young girls, soccer athletes, daughters, Mr. BOOZMAN. Mr. President, I ask case broke, Carli Lloyd said: ‘‘We are nieces, and granddaughters. Let’s pass unanimous consent that the Senate be not backing down anymore.’’ the Paycheck Fairness Act, but today in a period of morning business, with I know my Democratic colleagues let’s start with passing this resolution. Senators permitted to speak therein won’t back down in the fight for equal This is a real-world solution in sup- for up to 10 minutes each. pay, but on the Senate floor today, we port of them, but it really highlights The PRESIDING OFFICER. Is there have a chance to show our support for the fact that we not only adopt resolu- objection? women athletes and women in the tions, but we want to adopt solutions Without objection, it is so ordered. workforce who get paid less than their to finish the job that we started with The Senator from Washington. male colleagues. equal pay. f Two weeks ago, I, along with 21 of my I compliment the Senator from colleagues, introduced S. Res. 462 to Washington State for bringing this res- URGING THE UNITED STATES SOC- make clear that pay discrimination is CER FEDERATION TO IMME- olution to the floor. wrong. This resolution urges U.S. Soc- Mrs. FEINSTEIN. Last month, the DIATELY ELIMINATE GENDER cer to end pay disparities and treat all PAY INEQUITY national women’s soccer team filed a athletes with respect and with dignity, complaint with the Equal Employment Mrs. MURRAY. Mr. President, I am and it expresses our strong support to Opportunity Commission. delighted to be here today with the end the pay gap and strengthen equal The complaint states that women are senior Senator from Maryland, a long- pay protections. paid just 40 percent of what men are time champion for women in this coun- We are here to give the Senate the paid—despite the fact that our wom- try and their access to equal pay, be- opportunity to take a stand with the en’s soccer team has long been one of cause in our country, women in the members of the U.S. Soccer women’s the best in the world. The team has workplace—no matter where they live, team against the pay gap and wage dis- won four of the last five Olympic Gold crimination and to support this legisla- no matter their background, no matter Medals and three of the last seven tion. what career they choose—on average World Cups. I will offer the resolution in just a earn less than their male colleagues. However, the wage gap between the minute, but before I do, I turn the floor That wage gap even exists and extends men and women’s team is stark. over to my senior colleague. I hope to Olympic gold medalists and World Women are paid $3,600 per game while that once this resolution is adopted, if Cup champions who are playing for our men are paid $5,000 per game. Women we can get it adopted, we can support U.S. women’s national soccer team. soccer players are awarded a win bonus the equal pay for equal work that she Today we are on the floor to show of $1,350 per game. In contrast, male support for the women’s national soc- has championed for so many years. The PRESIDING OFFICER. The Sen- soccer players are awarded win bonuses cer team and to affirm the sense of the of between $6,250 and $17,625 per game. Senate that we support equal pay for ator from Maryland. Ms. MIKULSKI. Mr. President, I rise That is up to 13 times more. This dif- equal work for all women in our coun- today to join my distinguished col- ferential is so significant that a woman try. league from Washington State, a long- player who wins all 20 exhibition games Just last year we all cheered on the standing advocate for women and chil- would still make $1,000 less than a male women’s national soccer team as they dren and, really, fundamental fairness. player who lost all 20 exhibition games. beat Japan 5 to 2 to win the World Cup. Today I join her in urging that the Women soccer players are even given In the past three Olympics, our wom- U.S. Soccer Federation end the gender smaller per-diems when they travel. en’s team has brought home the gold, gap and stop kicking women around. Women receive $50 per day, while men and their team is ranked first in the Women across our country are still receive $62.50 per day. These examples world. paid less than men, just 79 cents for represent the pervasiveness of wage But despite all of those tremendous every $1 a man makes. This wage gap is discrimination in this country. successes, these players do not get paid felt by all women, even champions The most successful women’s soccer on par with their male counterparts. playing for the U.S. women’s soccer team in the world still earns just 40 Think about the young girls who are team. cents for every dollar earned by men, watching who see these players at the These champions won the World Cup and that needs to change. The Senate top of their game valued less than men. last year. They brought in $20 million should stand in solidarity with the na- These are some of the most visible ath- more in revenue than the men’s team, tional women’s soccer team and pass letes in the world. but they are paid four times less. this resolution. In 2015, 750 million people in the When do we reward victory? When do Of course, what is happening to the world tuned in to watch the Women’s we reward being a champion? How women’s soccer team isn’t an isolated World Cup. Twenty-five million of about equal pay for equal work? They event. It is indicative of a much broad- those viewers were here in the United belong on the same types of playing er, entrenched problem in this country. States. So this isn’t just about the fields. Women are still paid just 79 cents for money. It is about the message it sends Those women are taking action by every dollar earned by men. This to women and girls across our country going to the EEOC Commission, and it means that every woman who works and the world. is time to score one for equality. Equal full time is paid $10,700 less—every The pay gap between the men’s and pay for all must be our goal. We want year. the women’s national soccer teams is equal pay for equal work, whether we This gap has a significant effect on emblematic of what is happening are U.S. Senators, nurses, executive as- the economic security of working fami- across our country. On average, women sistants, or whether we are profes- lies—40 percent of women are the pri- get paid just 79 cents for every dollar a sional athletes. mary or sole breadwinners in their man makes. This is at a time when I stand with the women’s soccer team families. women more than ever are likely to be and women across the United States in That means 40 percent of families de- the primary breadwinner of their fam- their fight for equal wages. They kick pend on women’s wages to pay the ily. The wage gap isn’t just unfair to the ball around, but we are getting bills. Every dollar women lose to the women. It hurts our families, and it tired of being kicked around. Give us wage gap makes a difference. hurts our economy. equal pay for equal work. Let’s change Here are just a few examples of what Carli Lloyd is a cocaptain of the U.S. the lawbook—the Federal lawbook—so the wage gap costs families: $10,700 is women’s national soccer team. Last that they can change their checkbook. more than 1 year’s worth of groceries year she scored three of the five goals Why should our women go to the for a family of 4, 7 months of mortgage in the final World Cup match. A few Olympics and go for the gold when they and utility payments, or 11 months of months ago, she was one of the players aren’t paid the gold. rent.

VerDate Sep 11 2014 01:40 May 27, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.040 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3257 The wage gap is even bigger for Afri- Mrs. MURRAY. Mr. President, I ask grant signaled new opportunities for can-American and Latino women. Afri- unanimous consent that the preamble WECA to increase its direct impact on can-American women are paid just 60 be agreed to and the motions to recon- childhood education and development. cents. Hispanic women are paid just 55 sider be laid upon the table with no in- Through this program, WECA managed cents. We can’t allow this discrimina- tervening action or debate. quality-improvement grants and estab- tion to continue. The PRESIDING OFFICER. Without lished the Wisconsin Child Care Im- The wage gap is a national problem. objection, it is so ordered. provement Project. This project It affects all women, and the Senate The preamble was agreed to. spurred the development of Child Care must take action. The Paycheck Fair- (The resolution, with its preamble, is Resource and Referral agencies ness Act is a good place to start. printed in the RECORD of May 12, 2016, throughout Wisconsin, which provided I have long supported this bill, which under ‘‘Submitted Resolutions.’’) parents a clear and responsible guide is sponsored by Senator BARBARA MI- The PRESIDING OFFICER. The Sen- when selecting child care. KULSKI. The Paycheck Fairness Act ator from Wisconsin. In the 2000s, WECA began to admin- would protect women from retaliation f ister the REWARD Wisconsin Stipend if they ask about wages and require Program, supported a mentoring pro- REMEMBERING MARY BABULA employers to justify paying women less gram, and led efforts that resulted in than men for the same job. Ms. BALDWIN. Mr. President, I rise the development and beginning of Women often don’t know they are today to celebrate the life and work of YoungStar, an important program that being paid less than men, and making Mary Babula. continues to serve as Wisconsin’s the system more transparent will help For 44 years, Mary was a tireless and childcare quality rating and improve- reduce the wage gap. The bill would passionate advocate for children and ment system. Her efforts and initia- also make it easier for women to take early childhood educators and a valued tives at WECA continue as her legacy. legal action under the Equal Pay Act, resource for policymakers. Mary’s passion for her children, care- including class action lawsuits. I was fortunate to work closely with givers, and educators extended well Under current law, it is significantly Mary throughout my time in local and past the walls of WECA. She was eager easier to recoup lost wages if they were State government and later as a Mem- to work with elected officials at the denied through other discriminatory ber of the House of Representatives. State, local, and Federal level to lend practices, like failure to pay overtime. Beyond our professional work together, her expertise and knowledge. I had the Lastly, the bill would create a training Mary was a friend and also a mentor. privilege of working closely with Mary program to help women negotiate their I first met Mary in the 1980s when I on numerous occasions and often salaries. was serving on the Dane County Board sought her input on childcare issues as This is a commonsense bill and one of Supervisors and concurrently in an important legislation advanced that is long overdue. President John F. appointed position on the Community through Congress. Kennedy signed the Equal Pay Act in Coordinated Child Care board of direc- Beyond her work with children, Mary 1963. At the time, women made 59 cents tors. brought her energy and dedication to for every dollar earned by men. In 53 Mary was at once an advocate for numerous community groups, includ- years, we have only closed the gap by children and for the predominantly fe- ing Womonsong, Friendship Force, and 16 cents. male professionals who teach and care the Wisconsin Women’s Network. At this rate, it will not be eliminated for them. She understood that our chil- I am fortunate to have known Mary until 2059. Women and their families dren would only have safe, stimulating, as an advocate, as a friend, and as a deserve better, and they can’t afford to and nurturing experiences in childcare mentor. I never let her small stature wait that long. I strongly urge the Sen- settings if we invested in their train- fool me. She had a soft yet powerful ate to pass the Paycheck Fairness Act ing, credentialing, and adequate com- voice when it came to ensuring that and the resolution before us today. pensation. the youngest and most vulnerable In closing, the Senate has an oppor- Those who are entrusted with the members of our community received a tunity to stand up for equal pay for the care of children while their parents are very strong start in life. Thousands of women’s soccer team—and all Amer- engaged in work or study deserve that Wisconsin families can trace the early ican women—by adopting this resolu- high value. Mary was a passionate education of their children directly tion. leader in that regard. back to her advocacy. She leaves be- The PRESIDING OFFICER. The Sen- Mary Babula organized early child- hind a huge and powerful legacy. ator from Washington. hood educators to be effective voices Mary Babula passed away late last Mrs. MURRAY. Mr. President, I ask on their own behalf. Whether it was unanimous consent that the HELP year. She is survived by her life part- lobbying for tuition assistance funding ner, Mary Mastaglio, her mother Mir- Committee be discharged from further for low-income parents to be able to be consideration of S. Res. 462 and the iam, and three sisters. Many family afford high-quality childcare or ral- members and friends join in cele- Senate proceed to its consideration. lying for worthy wages, Mary wanted The PRESIDING OFFICER. Without brating her life and legacy. early childhood educators to be seen, I yield back the remainder of my objection, it is so ordered. heard, and respected. The clerk will report the resolution time. A Wisconsin native, Mary Babula at- by title. I suggest the absence of a quorum. The bill clerk read as follows: tended the University of Wisconsin- The PRESIDING OFFICER. The Madison and graduated with a degree A resolution (S. Res. 462) urging the United clerk will call the roll. States Soccer Federation to immediately in social work, later receiving a grad- The senior assistant legislative clerk eliminate gender pay inequity and treat all uate degree in continuing and voca- proceeded to call the roll. athletes with the same respect and dignity. tional education. She began her work Mr. GRASSLEY. Mr. President, I ask There being no objection, the Senate with children as a part-time volunteer unanimous consent that the order for proceeded to consider the resolution. at a Madison daycare center while in the quorum call be rescinded. Mrs. MURRAY. Mr. President, I college. She later worked as a teacher The PRESIDING OFFICER. Without know of no further debate at this time and director at Christian Day Care objection, it is so ordered. on this resolution and ask unanimous Center in Madison. f consent that the Senate now proceed to In 1971, Mary began working with the INSPECTOR GENERAL REPORT ON vote on adoption of the resolution. Wisconsin Early Childhood Associa- SECRETARY CLINTON’S NON- The PRESIDING OFFICER. Without tion, otherwise known as WECA, and GOVERNMENT SERVER AND objection, it is so ordered. later became the organization’s execu- If there is no further debate, the tive director. During her years at EMAIL ARRANGEMENT question is on agreeing to the resolu- WECA, Mary led the organization Mr. GRASSLEY. Mr. President, the tion. through a wide variety of instrumental State Department inspector general The resolution (S. Res. 462) was changes. The establishment of the Fed- has released findings regarding the agreed to. eral child care and development block State Department’s email practices for

VerDate Sep 11 2014 01:40 May 27, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.041 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3258 CONGRESSIONAL RECORD — SENATE May 26, 2016 the last five Secretaries of State. This In another email the Department perhaps Secretary Clinton could have report makes clear that Secretary failed to turn over, the director of Sec- avoided this entire controversy. Clinton has not told the truth to the retary Clinton’s IT unit warned her Are these statements evidence of an American people about her nongovern- that ‘‘you should be aware that any intent to cover up Federal Records Act ment server and email arrangement. email would go through the Depart- violations? Were the representations to As I have noted many times before, ment’s infrastructure and subject to the committee by Mr. Bentel’s attor- Secretary Clinton’s nongovernment FOIA searches.’’ Clearly, Secretary ney that he didn’t know about the pri- server arrangement prevented the Clinton wanted to avoid the Freedom vate server false? State Department from complying of Information Act at all costs. It seems from the inspector general with the Freedom of Information Act. That IT director who warned her report that Mr. Bentel in fact did have She used the private server to avoid about the transparency laws for State knowledge of Secretary Clinton’s email the law that requires archiving Federal Department emails is named John arrangement, contrary to his attor- records. It was designed to wall her Bentel. He has since retired from the ney’s assertions. email off from the normal treatment of State Department, and thus, the in- Not only that, he also was reportedly a government official’s email commu- spector general could not require him warned that it raised legal concerns nications. to testify. about compliance with Federal records The inspector general found that Sec- He refused to speak with the inspec- laws. retary Clinton failed to surrender all tor general. In fact, Former Secretary Secretary Clinton and her associates official emails to the Department prior Clinton and several of her aides also re- have refused to cooperate with the in- to leaving government service. fused to speak to the inspector general. quiries into this controversy. But it is The inspector general found that Sec- Mr. Bentel also refused to speak with becoming more apparent why she is retary Clinton’s email practices ‘‘did the Judiciary Committee. According to not. The inspector general report not comply with the Department’s his attorney, Randall Turk, Mr. Bentel makes clear that Secretary Clinton policies that were implemented in ac- knew nothing about the server at the and a number of other former Depart- cordance with the Federal Records time. In refusing to participate in a ment officials have not been truthful Act.’’ In other words, she violated the voluntary witness interview with the with the American people. law. The inspector general has made committee, Mr. Bentel’s attorney And in pursuit of constitutional over- clear that Secretary Clinton neither claimed that his client only learned of sight on these very important issues, sought nor received any permission to the controversial email arrangement the Department of State is continuing maintain her nongovernment server ar- after it was reported in the press. to fail to provide relevant documents rangement. Moreover, the report says He said another congressional com- to Congress. that if she had, that permission would mittee ‘‘spent its entire interview . . . I will follow up to get to the bottom have been denied. focusing on what the Committees’ let- of these discrepancies because mis- These findings directly conflict with ter says you want to ask him about.’’ representing the facts to Congress is her many misleading public state- In a January 14, 2016, email to my unacceptable. Simply said, the Amer- ments. staff, Mr. Turk noted that Mr. Bentel ican people deserve better. Secretary Clinton said on July 7, had ‘‘no memory or knowledge of the I yield the floor. 2015, ‘‘Everything I did was permitted. matters he was questioned about.’’ I suggest the absence of a quorum. There was no law. There was no regula- The inspector general report says The PRESIDING OFFICER. The tion. There was nothing that did not otherwise. According to the report, two clerk will call the roll. give me the full authority to decide of Mr. Bentel’s subordinates separately The senior assistant legislative clerk how I was going to communicate.’’ raised concerns back in 2010 about Sec- proceeded to call the roll. That statement is false. retary Clinton’s private email usage, Mr. PETERS. Mr. President, I ask Her staff also failed to comply with including concerns that it was inter- unanimous consent that the order for Department policy and records laws. fering with Federal recordkeeping the quorum call be rescinded. They routinely conducted State De- laws. That is 5 years before the news The PRESIDING OFFICER. Without partment business on personal email broke publicly. objection, it is so ordered. accounts. Both of these State Department staff f After the controversy broke, they independently told the inspector gen- NATIONAL DEFENSE eventually turned over 72,000 pages of eral about similar conversations they AUTHORIZATION BILL work related emails from those private had with Mr. Bentel about their con- accounts. These emails were not pre- cerns. According to these new wit- Mr. PETERS. Mr. President, I rise served in Department recordkeeping nesses, Mr. Bentel told them never to today to speak in support of the Peters systems as required by Department speak of Secretary Clinton’s personal amendment No. 4138 to the National policies and Federal records laws. In email system again. Defense Authorization Act. I would other words, her staff also violated the It seems unlikely that two witnesses like to thank my colleagues, Senators law. who told such similar stories inde- DAINES, TILLIS, and GILLIBRAND, for Documents in those 72,000 pages were pendent of one another would be mak- joining me in filing this important bi- systematically withheld from Freedom ing it up. Plus, they knew they were partisan amendment. of Information Act requestors and con- under a legal obligation to tell the We are a nation that takes care of gressional oversight committees, in- truth to the inspector general. our own, and we owe our veterans the cluding the Senate Judiciary Com- Without having spoken to these wit- highest possible level of care and sup- mittee, which I chair. Based on the in- nesses directly, the circumstances port. The United States is home to spector general report, it appears that make their statement seem credible. over 2.6 million post-9/11 veterans—a the Department failed to produce key And although Mr. Bentel has been number that is expected to increase by documents to Congress from these per- given the opportunity to provide his 46 percent by 2019. The improvements sonal email accounts. side of the story, he has refused to co- in medical technology have saved the For example, according to emails operate. lives of wounded warriors, who will re- cited by the inspector general, we But if what these two witnesses said ceive the benefits and care these heroes learned that Secretary Clinton’s non- is true, it is an outrage, and it raises deserve. government server was attacked by lots of serious questions. Good and While scars, lost limbs, and other in- hackers. One email the Department honest employees just trying to do juries are readily apparent to the eye, failed to turn over said that ‘‘we were their job were told to shut up and sit there are thousands of veterans coping attacked again so I shut the server down. Concerns about the Secretary’s with the invisible wounds of war. We down for a few minutes.’’ email system being out of compliance have far too many servicemembers who It is disturbing that the State De- with Federal recordkeeping laws were are suffering from trauma-related to partment knew it had emails like this swept under the rug. conditions such as post-traumatic and turned them over to the inspector If those State Department employees stress disorder or traumatic brain in- general but not to Congress. had not been muzzled 5 years earlier, jury. Unfortunately, many of these

VerDate Sep 11 2014 06:28 May 27, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.005 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3259 have received a less-than-honorable preciate the work being done by Rep- been issued under any President since discharge, also known as a bad paper resentatives MIKE COFFMAN of Colorado these two positions were created. discharge. These former servicemem- and TIM WALZ of Minnesota, who have In a recent hearing, the Senate Fi- bers often receive bad paper discharges introduced a companion stand-alone nance Committee, which I chair, heard for minor misconduct—the same type bill in the House and are supportive of testimony from President Obama’s of misconduct that is often linked to this amendment. nominees for the currently vacant pub- behavior seen in those suffering from Servicemembers who were subject to lic trustee positions, Dr. Charles PTSD, TBI, and other trauma-related a bad paper discharge and are coping Blahous and Dr. Robert Reischauer, conditions. with wounds inflicted during their both of whom have been renominated The effects of traumatic brain injury service should not lose access to bene- after serving one full term on the can include cognitive problems, includ- fits they have rightfully earned. That Boards. ing headaches, memory issues, dif- is why we must ensure that they get Some members of the Finance Com- ficulty thinking, and attention defi- the fair process they deserve when peti- mittee, as well as a few others in this cits. It is not difficult to see how these tioning for a change in characteriza- Chamber, have questioned whether effects could lead to behaviors like tion of their discharge. Peters amend- having public trustees serve more than being late to a formation or missing ment No. 4138 will do just that. This is one term is beneficial. Their argument seems to be that the process of pro- scheduled appointments—behaviors not a Democratic issue or a Republican ducing the trustees’ reports should that can be the basis for a bad papers issue; this is about doing what is right have ‘‘fresh eyes’’ every 4 years. How- discharge. and about taking care of our own. ever, to me, this argument is not all In addition to combat-sustained inju- I appreciate Chairman MCCAIN’s and that persuasive. As the trustees go ries, PTSD and TBI can also be the re- Ranking Member REED’s leadership on through the process of producing re- sult of military sexual trauma. Bad the National Defense Authorization ports, there are many inputs and many paper discharges make former service- Act, and I look forward to continuing participants, including a number of members who are suffering from serv- to work with them on this critical ‘‘fresh eyes.’’ For example, there are ice-connected conditions ineligible for issue. I hope to see a vote on the Peters numerous technical panels, composed a number of benefits that they need the amendment No. 4138 as we continue the of actuaries, economists, demog- most. This includes GI benefits and VA work on the NDAA, and I urge my col- raphers, and others, who review the as- home loans which they otherwise leagues to join us in fighting on behalf sumptions and methods used in the would have earned and which can sig- of our Nation’s servicemembers. trustees’ reports. Since 1999, 50 dif- nificantly help them transition to ci- Mr. President, I suggest the absence ferent people have served on these vilian life. These discharges also put of a quorum. technical panels, weighing in on the re- these servicemembers at risk of losing The PRESIDING OFFICER (Mr. CAS- ports and providing both fresh perspec- access to VA health care and veteran SIDY). The clerk will call the roll. tives on the trustees’ reports as well as homelessness prevention programs. The legislative clerk proceeded to a much needed check from what could This is completely unacceptable. We call the roll. otherwise be outsized roles played by have a responsibility to treat those Mr. HATCH. Mr. President, I ask various others, including the Chief Ac- who serve their country with dignity, unanimous consent that the order for tuary of the Social Security Adminis- respect, and compassion. the quorum call be rescinded. tration in guiding the contents of the Last year I introduced the Fairness The PRESIDING OFFICER. Without reports. for Veterans Act, which will help pro- objection, it is so ordered. In my view, there is value to having vide these servicemembers with a path f continuity in the public trustee over- toward obtaining these critical bene- SOCIAL SECURITY AND MEDICARE sight of the trust funds, particularly fits. The Peters-Daines-Tillis-Gilli- BOARDS OF TRUSTEES since the process that gives rise to brand amendment is a modified version trustee reports takes time to learn. of this bill. Mr. HATCH. Mr. President, I rise For the most part, public trustees are This amendment builds upon the pol- today to speak about pending nominees unlikely to have fully learned the ropes icy guidance issued by former Defense for the Social Security and Medicare until well into their 4-year terms, and Secretary and Vietnam veteran Chuck Boards of Trustees. their terms very likely expire very Hagel. The 2004 Hagel memo instructed As most of us know, under the law shortly after they have a complete un- liberal consideration to be given when these two Boards consist of the Secre- derstanding of this whole process. Ulti- reviewing discharge status upgrade pe- taries of Treasury, Labor, HHS, Com- mately, while there are probably some titions for PTSD-related cases at the missioner of Social Security, and two tradeoffs associated with term limits military department boards for correc- public trustees, one from each party. for public trustees, there is no real evi- tion of military and naval records. The One purpose of the Boards is to pro- dence to demonstrate that a single Peters amendment would codify the vide yearly reports on the operation of term is inherently superior or that the commonsense principles of the Hagel the trust funds and their current and benefit of having public trustees with memo, ensuring that liberal consider- projected status. Since 1983, when the ‘‘fresh eyes,’’ outweighs the cost of in- ation will be given to petitions for two public trustee positions were es- experience. changes in characterization of service tablished in the statute, the trustee re- Whatever the case, Members are enti- related to PTSD or TBI before dis- ports for both trust funds have largely tled to their individual preferences re- charge review boards. been devoid of partisanship or political garding term limits for public trustees, In addition to codifying the Hagel influence. That, to me, has been a good and if the issue is as important as some memo at the discharge review boards, thing. It means that the process gener- of my colleagues on the other side the Peters amendment clarifies that ating the reports is free of political in- claim, a bill to impose those kinds of PTSD or TBI claims that are related to fluence. It also means that the public term limits would seem logical. How- military sexual trauma are also in- can have confidence that the state- ever, such a bill has not recently been cluded. ments and assessments made in the re- offered, and if the recent Finance Com- Our bipartisan amendment is sup- ports—including those dealing with mittee hearing on the current nomi- ported by a number of veteran service current and future financial conditions nees is any indication, my friends have organizations, including Iraq and Af- of the trust funds—are objective and a different agenda altogether. If term ghanistan Veterans of America, Dis- not made to serve a particular agenda. limits were the real issue with these abled Veterans of America, Military The inclusion of public trustees on nominations, the committee could Officers Association of America, the the Boards is an important part of the have had a reasoned debate and each American Legion, Paralyzed Veterans structure that provides this type of Member could have weighed in on the of America, and Vietnam Veterans of certainty. Yet, by the time President matter and Members would obviously America. Obama is out of office, the two Boards be free to base their vote on the sub- We also have bipartisan support in will have issued more reports with va- stance and outcome of that recent de- the House of Representatives, and I ap- cant public trustee positions than have bate.

VerDate Sep 11 2014 01:40 May 27, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.047 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3260 CONGRESSIONAL RECORD — SENATE May 26, 2016 Sadly, a reasoned debate is not what For this crowd, even arguments in nees. By the way, I am arguing for occurred in our committee. What we favor of slowing the benefits for upper President Obama’s nominees. got instead was a coordinated attack— earners seem to be off limits, even As I said, the Republican nominee for pretty much from the ranking member when they are made by the Democratic public trustee has been accused of all the way down the Democrats’ side nominee for public trustee. In other being many things. More than any- of the dais—focused squarely on the words, even proposals that would make thing, some of my colleagues have Republican nominee, Dr. Blahous. Social Security more progressive— tried to link him to some kind of effort Throughout the course of the hearing, something a reasonable person would to try to privatize all of Social Secu- the Democrats never claimed that Dr. assume Democrats would not fight—is rity and hand everything over to Wall Blahous lacked the appropriate creden- seemingly unacceptable because slower Street—never mind the fact that he tials to be a suitable trustee. They benefit growth, even for the very rich, has already served in the very same po- never provided any evidence that he is considered a ‘‘cut’’ to the leftwing sition for 4 years and Social Security is had acted inappropriately or exercised activists who try to take ownership of no closer to being in the hands of Wall some kind of nefarious influence in the this debate. I am talking, of course, Street than it was before, never mind process of compiling reports. Instead, about organizations like Social Secu- the fact that he was already confirmed my colleagues attacked the nominee rity Works, the Strengthen Social Se- to the very same position once before for expressing policy views they happen curity Coalition, various unions, and without any opposition on the Senate to disagree with. He has never worked ‘‘democratic socialist’’ groups that floor, never mind anything that has to change any Social Security or Medi- have made intransigence and happened in the past. Here and now, ac- care policies in his capacity as a public unreasonableness on Social Security a cording to my colleagues, he is con- trustee because, given the very specific hallmark of their efforts over all of troversial. Here and now, letting him mission of the boards of trustees, he these years. For these people, the only serve as a public trustee would be like doesn’t have any real opportunity to allowable discussion on Social Security having a fox guarding the henhouse or influence or enact any policy changes is one limited to talk of higher benefits some such nonsense. By the way, that in any official capacity. and higher taxes on the American peo- phrase, ‘‘fox guarding the henhouse,’’ is The Democrats’ current position ple. Anyone who disagrees will not an actual quote from one of our col- seems to be that if a nominee has ever only be refuted or opposed, they will be leagues describing Dr. Blahous. Appar- said anything they happen to disagree publicly maligned and their character ently, he became a ‘‘fox’’ sometime in with—even if the statements represent will be called into question. the last 6 years because in 2010 no one reasoned policy views and are sup- Indeed, for many of these groups— in the Senate objected to his confirma- ported by objective analysis—they are and sadly for some of my colleagues on tion, but here in 2016, there are appar- unfit to serve as public trustees. Dur- the other side of the aisle—these ef- ently some Democrats who feel they ing the course of our hearing, not only forts are not about winning public pol- need to use this nomination and their did the Democrats publicly subject its icy debate, they are about silencing partisan rants against it to raise nominee to this preposterous standard, and trying to censor anyone who dares money for their campaigns and perhaps they did so with comments and argu- express a contrary opinion. in a case or two boost their prospects ments that were misleading, incon- In even-numbered years, Republicans for higher office. Of course, none of this sistent, and in some cases blatantly have more or less gotten used to hear- is entirely surprising because years false. In the end, their onslaught ing that we want to see Social Security ago, probably in some Democratic war amounted to little more than partisan ‘‘slashed’’ and ‘‘privatized’’ or ‘‘turned room, my friends on the other side dis- character attacks. over to Wall Street.’’ Leftwing activ- covered that terms like ‘‘privatiza- The Republican nominee was referred ists—and, yes, even a number of our tion’’ and ‘‘Wall Street’’ and ‘‘cuts’’ to as ‘‘hyperpartisan,’’ even though colleagues—base a huge portion of poll well with their political base, even you would be hard-pressed to find any their fundraising efforts on scaring So- though no such thing is taking place. credible and reasonable Social Security cial Security and Medicare bene- As an aside, this favorable polling and Medicare analyst from either party ficiaries with those kinds of over-the- data explains why we heard their par- who would agree with that label. He top attacks. For once, when it comes ty’s Presidential frontrunner back in was accused of being the ‘‘architect of to Social Security, I wish we could February make this claim: privatization’’ of Social Security be- look at all the facts. For example, ev- After Bush got reelected in 2004, the first cause he happened to work in the Bush eryone knows we made some changes thing he said was, let’s go privatize Social administration. He has been attacked to Social Security last year in order to Security. . . . And you know what, their for his involvement in President Bush’s prevent imminent and legally required whole plan was to give the Social Security Commission to Strengthen Social Se- cuts to disability benefits. We did so trust fund to Wall Street. curity as though that were something based on the projections of the Social My gosh. There are at least three or nefarious, even though Senator Daniel Security trustees—these very people four poll-tested buzzwords in that Patrick Moynihan, a figure long re- who are being treated in this improper quote. If nothing else, Secretary Clin- vered by Democrats everywhere and way. ton deserves at least some praise for me, was also a cochair of that Commis- Did we ‘‘slash’’ benefits? Did we pri- focus group efficiency with that state- sion. vatize anything? Did we turn anything ment no matter how false the state- There have been other attacks over to Wall Street? Of course not. ment is or was at the time. Of course, made—in the hearing and elsewhere— What we did was make reasonable and in dissecting that claim, the Wash- and all of them add up to one single needed changes to the program, but ington Post assigned it three and obvious conclusion, which is that that didn’t stop many on the other side Pinocchios, concluding that it was anyone who expresses a view about the from sounding the privatization alarm false, as only they could conclude. In future of Social Security that is not a and raising money by scaring bene- fact, the Washington Post reminded us recommendation for more taxes and ficiaries, even if they were as aware as that the Clinton administration was higher benefits will be subject to par- we were that the cuts to disability ben- the first to consider investing Social tisan attacks and deemed unfit to serve efits were, absent changes, an absolute Security trust fund resources into in any capacity relating to Social Se- certainty. We got precious little help something other than low-yielding gov- curity. This is, of course, the demand from the Democrats in our efforts to ernment bonds. So, in a sense, the real of leftwing interest groups that have avoid benefit cuts because, as is too ‘‘architect of privatization’’ was Presi- virtually declared ownership of all often the case around here, com- dent Bill Clinton, not President George things Social Security and who are un- plaining about a problem and blaming W. Bush, and certainly not the current willing to do anything about solving the other side for it makes for better Republican nominee for public trustee. the problems of Social Security. All politics than finding a solution. That Furthermore, if simply considering al- they want to do is throw more money same strategy and those same attacks ternative investment strategies for at it when there is no more money to have now permeated the effort to con- trust fund dollars means ‘‘privatiza- throw. firm two of President Obama’s nomi- tion,’’ then the growing list of guilty

VerDate Sep 11 2014 01:40 May 27, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.048 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3261 privatizers has recently included a tions—every single word of it—is a po- The trustee reports for Social Secu- Democrat in the House, the AARP, a litical sideshow. The public trustees do rity and Medicare have historically Nobel prize-winning economist, and not have the power or ability to slash been void of politics, to the credit of many others, and not all of them are or privatize Social Security or to turn the current and past administrations Republicans. a single penny of any public funds over as well as the public trustees from both Let me return to the debate on the to Wall Street. They serve a limited sides of the aisle. This has been the public trustee nomination because, but important role in monitoring and case until now, when politics has en- quite frankly, the Democrats made so reporting on the system. That is all. tered in. My sincere hope is that we many misleading claims with regard to Any reasonable observer will tell you can keep it that way. Social Security that I could not begin that both of President Obama’s nomi- I am getting a little tired of the So- to address them all in a single floor nees for public trustee have solid rep- cial Security arguments that Demo- speech. utations as being fair, objective, bal- crats wage every election, such as Re- A recent article in POLITICO out- anced, and most importantly, highly publicans are going to destroy Social lined the plan devised by top Senate competent. Security. My gosh, we believe in it as Democrats to engage in ‘‘an election- I don’t personally agree with all the much as they do—in fact, I think, a lit- year battle’’ over Social Security and policy positions that the Democratic tle bit more. We believe we should the general public trustees in par- nominee, Dr. Reischauer, has put for- strengthen that fund. We should keep ticular. In relation to Dr. Blahous, the ward over the years, but he has always it alive. We should make sure it is article says: ‘‘Democrats point to sev- conveyed his ideas in a temperate and going to be there for your children, my eral instances in the trustees’ reports respectful manner without partisan- children, grandchildren and, in my released after Blahous joined the board ship or ad hominem attacks. Quite case, even great-grandchildren and be- that they say suggest the Social Secu- frankly, I also may not even agree with yond. But it is not going to be there if rity trust fund is less solvent than it all the positions that the Republican we have these kinds of idiotic policy really is.’’ nominee, Dr. Blahous, has put forward, disagreements based surely on politics That almost sounds like a legitimate but he has similarly conducted himself and how one party might benefit in a policy argument, provided you don’t in a respectful and nonpartisan man- political campaign or how any indi- think about it for longer than 30 sec- ner. vidual might benefit. It is time for us onds. There are, quite simply, count- The fact is, whether certain Demo- to get rid of all the partisanship and less reasons why that argument is en- cratic Senators like it or not, the law work together to resolve some of these tirely baseless. First of all, no one in requires that one of the public trustees problems. The next time I hear another the Obama administration has corrobo- be from the Republican Party. If some- Democrat say that Republicans are rated a single one of these claims in one wants to put forward legislation to against Social Security, I am going to any way, shape, or form. On top of change that or to impose term limits take that creature on. I call them a that, this claim seems to suggest that on trustees or even start a public de- creature because they certainly do not one public trustee, a Republican, has bate on these issues, they are free to do deserve to be in the U.S. Senate. had such a persuasive and misleading so. Similarly, if a Senator disagrees Mr. President, I suggest the absence influence that he has been able—for with a prospective trustee’s positions of a quorum. more than 4 years—to hoodwink five on policy or with something they have The PRESIDING OFFICER. The Democratic trustees, including Dr. written outside of their public trustee clerk will call the roll. Reischaure, the other current nominee, functions, that Senator is also free to The bill clerk proceeded to call the along with Treasury Secretary Lew, vote against that nominee on that roll. Labor Secretary Perez, HHS Secretary basis. Mr. DURBIN. Mr. President, I ask Burwell, and Acting Social Security However, in my opinion, it is shame- unanimous consent that the order for Commissioner Colvin, all of whom also ful for Members of Congress to engage the quorum call be rescinded. signed on to those trustees reports. in unreasonable and false character at- The PRESIDING OFFICER. Without Does anyone believe that for a second? tacks in order to reinforce the Presi- objection, it is so ordered. I am going to give my friends some dential candidate’s talking points or to f advice: If a political attack relies on an raise money for leftwing activists or to NATIONAL DEFENSE assumption that the sitting Secretaries help themselves on their political AUTHORIZATION BILL of Treasury, Labor, HHS, and the Act- races. Under any circumstances, it is ing Commissioner of Social Security, wrong to impugn someone’s character Mr. DURBIN. Mr. President, I rise to along with their staffs, are so impotent and professionalism by false associa- highlight a number of important provi- in the face of the cunning sophistry of tion. sions in the fiscal year 2017 National a single public trustee from the oppos- While this may be par for the course Defense Authorization Act. This is the ing party, it is best to leave that par- during an election year, there is more measure in its entirety. It comes with ticular conspiracy theory on the shelf than politics at stake here. If Demo- this report. It is about 1,664 pages for because it doesn’t even pass the laugh crats truly have an interest in the in- the actual bill and another 642 pages test. That is, of course, unless you as- tegrity of Social Security and Medi- for the report. It is no wonder, as it sume at the outset that members of care, and their trust funds, then politi- deals with national security issues as President Obama’s Cabinet, along with cizing public trustee nominations is an well as the Department of Defense and their staffs, are incompetent or just extraordinarily odd strategy. If we many other agencies. It is clearly the plain dumb. turn these nominations into just an- product of many hours and months of Aside from being based on foolish as- other political battleground, the trust- work by the members of the com- sumptions, the claim that recent trust- ee reports will eventually be viewed as mittee, as well as the staff. ee reports have been biased is political documents, having no unique We consider it on the floor of the verifiably false, given that the non- seriousness or credibility. In the end, Senate and have a special responsi- partisan Congressional Budget Office that will mean less transparency, ob- bility to look at it very carefully. This has reached similar conclusions about jectivity, and integrity for Social Se- bill, of course, will take some time to the solvency of Social Security. In curity and Medicare. be digested and analyzed. We have been fact, CBO’s projections are even This would be terrifically unfortu- in that process this week. Many of us bleaker. nate. count on our professional staff whom Perhaps my Democratic colleagues To conclude, I would just say that, we have work for the defense appro- believe that Dr. Blahous’s dastardly in- despite some insinuations to the con- priations committee. They also look at fluence has extended to CBO as well, trary, my plan all along has been to this measure to see how it squares up although, to be fair, I haven’t heard hold votes on the Finance Committee with the actual spending bill. I don’t any of them claim that such is the on the President’s nominees for the serve on the defense authorization case. public trustee positions as soon as pos- committee; I am on the spending part Mr. President, all of this political sible. I look forward to filling the ex- of it, the defense appropriations sub- bluster over the public trustee nomina- isting vacancies. committee. We approved our measure

VerDate Sep 11 2014 01:40 May 27, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.049 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3262 CONGRESSIONAL RECORD — SENATE May 26, 2016 today and reported it from the full Ap- ‘‘gambling with warfighting money at America, supermax facilities where no propriations Committee. It will be a time of war, proposing to cut off one has ever escaped? How much would coming to the floor in a few weeks. troops’ funding in places like Afghani- it cost us? Would it cost $51⁄2 million What is the most pressing concern stan, Iraq, and Syria in the middle of like Guantanamo? No. It would cost when it comes to our national defense? the year.’’ I am glad we have refrained $86,000 a year. Why, then, would we Most Americans would rightly say it is from those tactics in the Senate. waste millions of dollars on Guanta- terrorism. Terrorism is a real threat to The bill also authorizes a well-de- namo when we know these detainees America and to our families. We have served pay increase for our uniformed can be held safely, securely, and with- to do everything in our power to pre- and defense civilian workforce. It re- out any fear of escape for a fraction of vent terrorism from reaching our jects a request by the Department of the cost? Because this has become a po- shores and to dismantle it and destroy Defense to authorize a future Base Re- litical symbol, a symbol which the it overseas. It is a large undertaking. alignment and Closure, or BRAC, Com- other party is willing to fight for even The United States leads the world in mission. Many of us have lived through if it means wasting almost $500 million dealing with global terrorism. This bill a lot of these BRAC Commissions. I am every single year to keep Guantanamo we are considering has elements in it not optimistic that if we embark on open. that address that challenge. I take the another one, it will have positive re- All of us are committed to pre- threat seriously, and as vice chairman sults. venting terrorist attacks. Terrorists of the Defense Appropriations Sub- Like many of my colleagues, I deserve swift and sure justice and se- committee, I have worked with the strongly oppose Russian President vere prison sentences. But holding de- senior Senator from Mississippi, Re- Vladimir Putin’s reckless invasion of tainees at Guantanamo Bay does not publican Senator THAD COCHRAN, to try Ukraine, so I also appreciate this bill’s administer justice effectively. It does to make sure our troops have the funds authorization for additional military not serve our national security inter- they need to wage the fight overseas. assistance for Ukraine. ests. It is inconsistent with our coun- To defeat ISIS, we should defeat There are several issues which are try’s history as a champion of human them on the ground in Iraq and Syria not addressed in this bill which I hope rights. and dismantle their international ter- we can address on a bipartisan basis. There are convicted terrorists being ror network. We also must continue to Unlike previous years, the bill contains held safely in Federal prisons in more prevent the spread of terrorism here at no extension for the Afghan special im- than 20 States, including my own. At home through stronger homeland de- migrant visa program so that we may the Marion Federal penitentiary in fenses and work with our allies to continue to keep faith with those for- Southern Illinois, we are holding con- strengthen their intelligence-gath- eign translators who risk their lives to victed terrorists. How many people ering. To win, we have to mobilize the help American troops. Senator SHA- from Southern Illinois have come to full force of the U.S. Government HEEN and others have championed this me and objected to the fact that terror- against ISIS and ensure that every na- effort, and I hope we can deal with it ists are incarcerated at the Federal tional security agency has what it appropriately. prison in Marion? Exactly none. Not a There are several provisions in this needs to keep us safe—at not just the one. They trust the men and women in bill that are controversial. I would like Department of Defense but at all of the the Bureau of Prisons to hold these to address a few. prisoners safely, even if they are con- intelligence agencies: the Department The closure of Guantanamo Bay in of Homeland Security, the Federal Bu- Cuba is an issue that I think is timely victed of terrorism. Why, then, do we reau of Investigation, the State De- and extremely important. This bill continue the charade of maintaining partment, and the Treasury Depart- once again blocks the transfer of de- Guantanamo for some bragging rights ment. It is not DOD’s fight alone. tainees from Guantanamo Bay to the in some places in this world? I don’t This Defense authorization bill con- United States. Some of my colleagues understand it. If you want to save $500 tributes to that strategy to stop the are threatening amendments to tighten million for the taxpayers of America, spread of terrorism. It authorizes funds these restrictions further. here is a place to start. for the fight against Al Qaeda, the The reality is, every day Guanta- There are also some troubling provi- Taliban, and ISIS, and also includes namo stays open, it weakens our alli- sions on guns, including on the re- $1.7 billion to build the capacity of our ances, inspires our enemies, and calls importation of military firearms for allies in Iraq, Syria, and the broader into question our commitment to sale. Now, listen to this one. One sec- region. human rights. Time and again, our tion of the bill would circumvent State Finally, like this year’s Defense ap- most senior national security and mili- Department restrictions on re- propriations bill, this bill also consoli- tary leaders have called for the closure importing surplus military weaponry dates a lot of duplicative programs in of Guantanamo. back into the United States for sale to order to make the fight more effective. The troops—the service men and the public—military weapons for sale It streamlines the authorization for women who are responsible for main- to the public in the United States. This funding for DOD efforts to train and taining Guantanamo—have an almost is an item that has long been on the equip our top partners. It will mean impossible assignment. I have been gun lobby’s list—a wish list that hopes better oversight. It will mean more down to Southern Command in Florida. that hundreds of thousands of M–1 fighting time against ISIS and Al I have talked to them. They are doing military-grade rifles that the United Qaeda instead of more time fighting their level best to make sure Guanta- States supplied to South Korea decades among the bureaucracy in the Pen- namo Bay meets standards. I don’t ago will come back into the United tagon. hold against them the reputation States, be put in the hands of gun com- There are several other good provi- Guantanamo has in many places in the panies, and be sold back in our coun- sions in the committee bill which rep- world, but the fact is, we should look try. How many people think that resent a bipartisan consensus between at Guantanamo in honest terms. bringing in these items—hundreds of the chairman and the ranking member. In addition to our national security thousands of military-grade weapons— I commend the chairman and the rank- costs, every day that Guantanamo re- and selling them will make us a safer ing member for refraining from budget mains open, we are wasting taxpayer nation? I don’t. gimmickry, as we have seen in the dollars. Many colleagues come to the Section 1056 of the bill would have other body across the Rotunda. floor and make speech after speech the U.S. Army basically serve—listen Our House colleagues recommend au- against wasteful Federal spending. So to this—as a free shipping service to thorizing and appropriating only half let me give a classic example at Guan- bring these weapons back into the of what our men and women in uniform tanamo Bay. According to this author- United States, thus bypassing State need to keep us safe—half an appro- ization bill, we are now spending $5.5 Department restrictions on the re- priation—through April of 2017. Testi- million a year for each of the prisoners importation of these guns by private fying in front of my Defense Appropria- at Guantanamo Bay. companies. The bill would then direct tions Subcommittee, Secretary of De- What if those prisoners were put in the Army to make these guns available fense Ash Carter called this House the most secure Federal prisons in to the companies so they could sell

VerDate Sep 11 2014 01:40 May 27, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.051 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3263 them to the public at large—military- these people. We should ensure that the in the meantime, we don’t want to have a grade weapons. President’s Executive order is imple- gap. . . . We can’t afford to have a gap be- There is also a provision giving mili- mented fairly and consistently across cause we need to be able to launch national tary-grade firearms to museums. An- the Federal Government. security satellites. other section of this bill would author- The bill also contains three related Earlier this year, Air Force Sec- ize the Secretary of the Army to trans- troubling provisions relating to the retary James testified in front of the fer up to 4,000—4,000 military-grade issue of how to best protect Americans’ senior Senator’s own committee—from firearms to public or private military national security as it relates to the which we are now considering the bill— museums, but there is nothing in the launching of national security pay- making the same case, noting that the bill requiring that the guns be rendered loads into space. I will have more to chairman’s proposal ‘‘would add any- inoperable. There is nothing to pro- say about that as this debate pro- where from $1.5 billion to $5 billion in hibit these museums from reselling gresses, but I would note at the outset additional costs.’’ them to the public as well. that the provision in the bill which I That is a lot of money. I have heard We should be very careful in import- am pointing to has been addressed at the chairman of this committee come ing and selling military-grade firearms the highest levels by our Department to this floor over and over and over in the United States of America. of Defense. again, suggesting wasteful spending. I will defend Second Amendment The Secretary of Defense, Ash Car- According to the Secretary of the Air rights. I will defend the right of indi- ter; the Director of National Intel- Force, his proposal will end up costing viduals to own, use, and store guns ligence, James Clapper; and the Sec- us $1.5 billion more than we should safely for sporting purposes and for retary of the Air Force, Deborah have to pay for this important part of self-defense. But the notion that we James, all disagree with the chairman our national defense. That is a waste of need to bring hundreds and thousands of this authorization committee on taxpayers’ dollars. of military weapons back into the this issue—every one of them. They all I hope my colleagues will pay atten- United States and put them in circula- agree that this Senator’s proposal tion to this issue, and I hope we have tion—do you really believe that will would cost taxpayers across America time to debate it in detail. There is make us a safer nation? I don’t. billions of dollars more than the cur- simply too much at stake for our na- The bill also includes a provision af- rent strategy. tional security, for our troops, and for fecting Department of Defense-oper- In times of tight budgets, when the taxpayers to accept the senior Sen- ated schools and school districts that America, its taxpayers, and certainly ator’s proposal on this matter. regularly receive impact aid. We need the men and women in uniform need This is a lengthy bill, as I mentioned to ensure that our kids are safe as they every dollar we can save them, you at the outset. I am sure there are going step onto the bus, walk through school can’t explain or defend the position to be additional measures that we un- hallways, and enter the classroom each taken by the committee. cover as we go through it page by page, day. When we entrust teachers, admin- The disagreement is over how to best and we will take the time to actually istrators, bus drivers, librarians, and get the United States off the depend- do so. others to watch over and care for stu- ence of Russian-made rocket engines In the meantime, I thank the chair- dents, we should have confidence that for the launching of national security man and ranking member of this com- they are individuals who will actually payloads into space. The proposal com- mittee for their work to present this protect our kids. Indeed, the vast ma- ing out of the committee from the body with their committee’s product. I jority of school employees are hard- chairman last year and again this year look forward to a meaningful debate on continues to suggest a rash and abrupt working, caring individuals dedicated the many issues this authorization bill halt to the purchase of these Russian- to ensuring that students learn in a presents. made engines. Let me make it clear. I safe, nurturing environment. However, I yield the floor. want to move away from these Russian we unfortunately have read too many The PRESIDING OFFICER. The Sen- engines quickly. I want American en- recent headlines about predators who, ator from Massachusetts. gines, built by Americans, to propel instead of teaching and protecting Mr. MARKEY. Mr. President, tomor- those payloads into space. But it takes kids, ultimately harm and abuse them. row President Obama will make a his- time. For 2 years we have been appro- I agree with my colleagues that we toric visit to Hiroshima, the site of the priating money to achieve this goal. It need to put in place a comprehensive first atomic bombing. He will become will take at least 2 or 3 years more for background check system that will the first sitting President of the United us to reach that goal and have an close loopholes and establish zero-tol- States to do so, and I commend him for American-made engine. erance policies for sexual misconduct this long overdue Presidential recogni- This chairman of this committee ig- tion. by school employees. That said, I have nores that reality and says we will just Having traveled to Hiroshima in 1985 serious concerns with section 578 in stop when it comes to these Russian to witness the commemoration of the this bill. This provision fails to provide engines and take the consequences. 40th anniversary of that atomic bomb- adequate due process and civil rights Well, the consequences, sadly, are protections for innocent individuals. I going to be an extraordinary expense ing, I know from personal experience am also concerned that this provision for American taxpayers. that any visit there serves as a power- is overly broad and could potentially As chairman and now vice-chairman ful reminder of America’s responsi- allow schools to dismiss highly quali- of the Defense Appropriations Sub- bility to reduce the risk of nuclear war. fied individuals who pose no risk to committee, I am committing to an That risk remains as real today as it any children. We need to strike the ap- American-made engine. We have appro- was nearly 71 years ago when we propriate balance to make sure there is priated even more funds for this effort dropped that bomb that killed 140,000 a just process before we make the final than this authorizing committee has people in 1 day. determination. authorized over the last several years. In the last few decades, important Another troubling provision is Sec- The Air Force is using these funds to progress has been made to reduce the tion 829H, which states that the Execu- liberate us from Russian-made rockets threat of nuclear war. The United tive order on fair pay and safe work as quickly as possible. But Secretary States and Russia have reduced the places would not apply to all defense Carter, Director Clapper, and Secretary size of their nuclear arsenals. The be- contractors; rather, just to those who James have all testified publically that ginning of an additional change is have previously been debarred or sus- the proposal from the senior Senator of going to happen in 2018 when both the pended as a result of labor law viola- Arizona is dangerous to national secu- United States and Russia will have no tions. The Executive order simply re- rity and costly. more than 1,550 deployed strategic war- quires transparency about a contrac- Secretary Carter, testifying in front heads after implementation of the New tor’s ability to follow long-established of the Defense Appropriations Sub- START treaty. labor law. The American people de- committee on May 6, 2015, said: But that progress has come at a cost. serve to know why DOD decides to task We want to get off of that dependency on In exchange for the support of Senate billions of dollars’ worth of work to Russia, but it takes some time to do so. And Republicans for passage of the New

VerDate Sep 11 2014 01:40 May 27, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.052 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3264 CONGRESSIONAL RECORD — SENATE May 26, 2016 START treaty in 2010, President I think Americans deserve an oppor- those generals, with those arms con- Obama promised to fund major up- tunity to consider whether tens of bil- tractors then dictating what our for- grades to America’s nuclear arsenal. lions of dollars of their tax dollars eign policy is, what our defense policy Since then, the extent of these up- should be spent on a redundant, desta- is. grades and their costs have swelled. bilizing, new nuclear missile. They ex- They were wrong in the 1950s, 1960s, Today it is estimated that President pect that we will ask the tough ques- 1970s, and 1980s, and they are wrong Obama’s nuclear ‘‘modernization’’ plan tions about the need for $1 trillion in today. That is just the wrong way to will end up costing U.S. taxpayers new nuclear weapons spending, but go. We have to ensure that we are nearly $1 trillion over the next 30 they especially want us to ask ques- backing away, not increasing the like- years. tions about new weapons that the Pen- lihood that these weapons can be used. However this modernization plan is tagon is saying make it possible to We don’t want to be empowering those little more than a plan to expand contemplate a limited nuclear war. in our own country—either at the Pen- America’s capabilities, its nuclear ca- That is a debate which this body needs tagon or the arms contractors—be- pabilities. It would create new nuclear to have. That is a weapons system we cause they will have the same people in weapons, including a dangerous nuclear should be discussing. the Kremlin and their arms contrac- air launch cruise missile that will cost This new cruise missile with nuclear tors who will be rubbing their hands tens of billions of dollars over the next warheads is the tip of the new $1 tril- and saying: Great. Let’s build all of two decades. lion nuclear modernization program. these new weapons, both offensive and Nuclear cruise missiles are a par- We should debate that first. We can ex- defensive. They would love this. That ticular concern because they are dif- amine the rest of the modernization is why we have to have the debate on ficult to distinguish from nonnuclear program, the new nuclear programs, the Senate floor. cruise missiles. As a consequence, if but we should at least have that debate This generation of Americans de- the United States used a conventional and that vote out here. We should give serves to know what its government is cruise missile in a conflict with Russia ourselves at least 1 year before we planning in terms of nuclear war-fight- or China, it could lead to devastating allow it to commence so that we can ing strategy. That is what a limited miscalculation on the other side and, study it. Then next year we can have war is all about. That is what this new as a result, to accidental nuclear war. the vote on whether or not we want to cruise missile with a nuclear bomb on Worse still, the Defense Department commence. As yet, I don’t think we it that is more accurate, more power- has justified this new nuclear cruise have had the debate or have a full un- ful, more likely to be used in a nuclear missile by asserting that it is needed derstanding of what the implications of war is all about. That is why the Pen- for purposes beyond deterrence. The this weapon are. tagon wants it; that is why the arms Pentagon explains that the new nu- Plans to build more nuclear weapons contractors want to make it. But it is clear cruise missile could be used to re- would not only be expensive, but they just a return to the earlier era where spond ‘‘proportionately to a limited could trigger a 21st century arms race every one of these new nuclear weapons nuclear attack,’’ meaning that this nu- with Russia and China, which are un- systems that had blueprints and were clear weapon becomes more usable in a likely—very unlikely—to stand idly by on the table over at the Pentagon are standoff with Russia, China, or some as we expand our nuclear arsenal. The over and the defense contractor has the other country. result would be a tragic return to the green light to build it. When President Obama visited days of the Cold War, when both sides What happened every single time is Prague in 2009, he pledged to reduce the built up ever greater stockpiles of nu- the Soviet Union said: We are building role of nuclear weapons in our national clear weapons. As we get closer and the exact same counterpart system. security. If the President truly wants closer to the contemplation that both Was that making the world more or to make good on this promise, I think sides could actually consider fighting a less safe? Was that bringing us closer it is important for him to stop these nuclear war, our goal should be to push or further away from a nuclear war? nuclear expansion efforts. He should us further and further and further Which was the correct direction for our cancel the funding for the new nuclear away from the concept that it is pos- country to be headed? cruise missile, which would make the sible to fight a nuclear, limited war on Well, thank God, we began to talk at prospect of fighting a nuclear war more this planet. Reykjavik—President Reagan and imaginable. The National Defense Authorization President Gorbachev. Thank God, we In the meantime, Congress can and Act also contains another misguided now have a New START Treaty. But as must act. Rather than plunging blindly provision that would lay the ground- part of the New START Treaty, there ahead by spending money on this dan- work for a spiraling nuclear weapons was a Faustian deal, and that Faustian gerous new weapon, we can call for a buildup. Currently, our policy, the U.S. deal was that we are going to build a timeout while we evaluate its costs and policy, states that we will pursue a new generation of usable, war-fighting its risks. That is why I have submitted ‘‘limited’’ missile defense—limited. nuclear weapons in our own country. an amendment to the National Defense This approach is meant to protect our And that Faustian deal is one that Authorization Act that would delay territory against missile attacks by would then be lived with by this next any spending on the nuclear cruise countries such as Iran and North Korea generation of Americans and citizens of missile for 1 year so that we can have without threatening Russia or China’s this planet. the full debate on this weapon; so that nuclear deterrent. So we need to ensure we can have we can ensure that we understand the As recognized by generations of re- this debate. The fears that I think are consequences of building this new sponsible policymakers, constructing going to be engendered into the minds weapon; so that we can understand how missile defenses aimed at Russia or of those in China and Russia would re- the Russians and the Chinese might re- China would be self-defeating and de- sult in a new dangerous nuclear com- spond to it; so that each Member of the stabilizing. Dramatically expanding petition that would have our new de- Senate can understand that it, in fact, our missile defenses could cause Russia fenses be responded to by their building has nuclear war-fighting capabilities. and China to fear that the United new additional nuclear weapons and by It is not just a defensive weapon; it States seeks to protect itself from re- putting them on high alert. You would has the ability to be used in a nuclear taliation from Russia or China so that have to be on high alert, if you were in war-fighting scenario. How do I know we can carry out a preventive nuclear Russia or China, if you thought we had this? It is because this Pentagon, this attack on China or on Russia. That a defensive system that could knock Department of Defense, says that it is plays into the most militaristic people them down, and if our planning in- usable and says that it could be used in inside of those countries, who will then cluded attacking them. a limited nuclear war. Do we really say that they too need to make addi- We don’t want either country to be want to be authorizing in this Senate tional investments and that cycle of of- on high alert for a nuclear war. We that kind of new weapon that makes fense and defense continues to escalate don’t want that. That is where we were fighting a nuclear war more imag- until you reach a point where we are in the 1980s. That is where we were in inable? back to where we all started—with the 1970s—both sides with their finger

VerDate Sep 11 2014 01:40 May 27, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.054 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3265 on the button. It is unnecessary, it is should not listen to the United States cost of regulation when it is writing a dangerous, it is a repetition of history, because we are preaching nuclear tem- rule to regulate it. We made sure that and it is something we should be debat- perance from a bar stool. We are not, in EPA would act more quickly to regu- ing out here. It just can’t be something fact, abiding by what we say that the late the most dangerous chemicals, and that is casually added without a full rest of the world should do. that vulnerable subpopulations, such appreciation in our country for what So we should be debating that right as children, pregnant women, and the consequences are going to be long now. We should have this challenge workers would be protected. We made term. presented to us and to have the words sure the industry could not continue to So we have an incredible oppor- be spoken as to what the goals are for improperly keep information about tunity. It is timely. The President is these weapons. If the Defense Depart- dangerous chemicals secret any longer. visiting Hiroshima. It should weigh on ment says to us this year that this In some of the last negotiations that the consciences of every one of us that leads to a capacity to use nuclear I helped to lead, we made sure that we have a responsibility to make sure weapons in a limited nuclear war—and States could continue with the work we are reducing and not increasing the they were saying that to us in the last they are already doing to protect their likelihood of nuclear war occurring. 6 months—do we really want to have residents. I am particularly proud that I have filed an amendment to strike these weapons then constructed in our I was able to protect Massachusetts’s the provision from the NDAA. I urge country? Is that really what we want pending flame-retardant law in these all of my colleagues to support it. I to have as our legacy? last few key changes to the bill that think that second amendment is also f were agreed to in the last few days. one that deserves a full debate on the The fact that we have a bill that has FRANK R. LAUTENBERG CHEMICAL Senate Floor. If we want other coun- the Humane Society and the U.S. SAFETY FOR THE 21ST CENTURY tries to reduce their nuclear arsenals Chamber of Commerce both urging a BILL and restrain their nuclear war plans, ‘‘yes’’ vote tells you something. The the United States must take the lead Mr. MARKEY. Mr. President, I also fact that the bill is supported by the instead of wasting billions of dollars on wish to spend a couple of minutes talk- EPA, the chemical industry, many en- dangerous new nuclear weapons that do ing about another issue that is a relic vironmental stakeholders, and the trial nothing to keep our Nation safe. of the Cold War era, and that is TSCA, lawyers tells you something about this President Obama should scale back the legislation that deals with toxic bill. his nuclear weapons buildup. Instead of chemicals within our country. This is like a political Halley’s provoking Russia and China with ex- There was a law passed 40 years ago Comet. When you have JIM INHOFE and panding missile defenses that will ulti- to deal with toxic chemicals in our DAVID VITTER agreeing with ED MAR- mately fail, we should work toward a country, but ultimately that law never KEY on a piece of legislation, you new arms control agreement. worked. When we look back, it is like should take note of that moment in the As President Obama said in Prague a political, environmental Edsel, still history of passing legislation. That is in 2009, let us honor our past by reach- sitting in the garage 40 years later but where we are. We have something that ing for a better future. The lesson of not useful in protecting American fam- is historic. The environmental bill of a the past and the lesson of Hiroshima is ilies from the chemicals in our soci- generation is about to pass. clear. Nuclear weapons must never be ety—asbestos and hundreds and thou- The fact that 403 Members of the used again on this planet. sands of others. It is just not usable. House of Representatives voted yes— President Obama did an excellent job Congress stands ready right now, 403 voted in support of this bill—tells in reaching a nuclear arms control thank God, to reform the last of the you something. It tells you we rolled agreement with Iran. That was impor- ‘‘core four’’ environmental statutes up our sleeves and we worked together tant, because if Iran was right now on that have yet to be modernized. I hope on a bipartisan, bicameral basis to its way to the development of a nuclear we will do so with a stronger bipartisan compromise in the way that Americans weapon, there is no question that vote than on any major environmental expect us to. Saudi Arabia and other countries in statute in recent American history, I thank all of my colleagues on both that region would also be pursuing a and that we do so soon. sides of the aisle and both sides of the nuclear weapon. We would then have a This historic vote to comprehen- Capitol, and I look forward to watching world where people were not listening sively reform the Toxic Substances the President sign this important legis- to each other, where people would be Control Act comes after years of hard lation to protect the health and well- threatening each other with annihila- work by many Senators on both sides being of all Americans. This is a bill tion, with total destruction. of the aisle. We worked for some that does protect us from the dangers Here is where we are. We are either months to reconcile the two bills, and that Americans are exposed to—wheth- going to live together or we are going all of us were driven by the same rea- er they are Democrats or Republicans, to die together. We are either going to son. Since it was written four decades liberals or conservatives. know each other or we are going to ex- ago, TSCA has sat there untouched. It This is the way the Chamber should terminate each other. The final choice is a statute that simply does not work operate. This is the way we should also that we all have and the least we to protect anyone. Ever since indus- consider nuclear warfighting policy. should be able to say—if that point in tries successfully challenged EPA’s We should have the same kind of atten- the future is reached and those missiles proposed asbestos ban, EPA has not tion, the same kind of respect for the are starting to be launched that have been able to effectively use the author- consequences for generations to come nuclear warheads on board—is that we ity Congress intended it to have. in our country. We should give it the tried, that we really tried to avoid that In conference, we truly did take the same kind of respectful, bipartisan, bi- day. best of both bills. We made sure EPA cameral attention that the public can That is our challenge here on the will have industry fees to do its chem- understand. Senate floor—to have this debate, to ical safety work. We made sure there I thank the Chair for this oppor- give ourselves the next year to have will be enforceable deadlines for EPA tunity. this question raised as to whether we to write chemical safety rules and for With that, I yield the floor. want to engage in a Cold War-like esca- industry to comply with them. We I suggest the absence of a quorum. lation of new offensive and new defen- fixed the legal problems in the law that The PRESIDING OFFICER. The sive nuclear weapons to be constructed caused the asbestos ban to be over- clerk will call the roll. in our country, which for sure then turned and that paralyzed EPA and The senior assistant legislative clerk would trigger the same response in prevented them from regulating some proceeded to call the roll. Russia and China. By the way, for sure extremely toxic chemicals. We ensured Mrs. FISCHER. Mr. President, I ask it is saying to Pakistan, India, Iran, that when EPA studies a chemical, it unanimous consent that the order for Saudi Arabia, and to any other country considers only the environmental or the quorum call be rescinded. that harbors its own secret military health effects of that chemical, and The PRESIDING OFFICER. Without desire to have these weapons that they that it only considers the potential objection, it is so ordered.

VerDate Sep 11 2014 03:11 May 27, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.055 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3266 CONGRESSIONAL RECORD — SENATE May 26, 2016 HONORING NEBRASKA’S SOLDIERS tensions rose in the dangerous terri- simply one of the many exceptional WHO LOST THEIR LIVES IN COM- tory of Helmand Province. people who populate our exceptional BAT A few months later, on October 22, State. John was born in Kansas in 1920. Mrs. FISCHER. Mr. President, I rise 2008, Adrian was on patrol when sud- He was the son of a wheat farmer. His to continue my tribute to Nebraska’s denly his vehicle was hit by an impro- father first moved to Alaska to seek a heroes and the current generation of vised explosive device. Corporal Robles better life away from the Depression. men and women who lost their lives de- was killed instantly. His unit was He served in the military during World fending our freedom in Iraq and Af- scheduled to leave Afghanistan 2 War II. He was a proud member of the ghanistan. Each of these Nebraskans months later. American Legion. He married Erma in has a special story to tell. On November 2, 2008, hundreds of 1950 and they raised five kids. friends and neighbors from Scottsbluff Returning to Haines, John entered CORPORAL ADRIAN ROBLES lined the streets from the church to the timber business. He owned a lum- Today I will share the story of the the cemetery. An honor guard and ber mill in town. He was one of the re- life of Marine Cpl Adrian Robles of horse and carriage team transported gion’s first industrialists. He was in- Scottsbluff, NB. Adrian was known the casket to its final resting place. volved in everything. He operated a throughout Scottsbluff for his big In a career of 3 short years, Corporal hotel, a lumberyard, a hardware store. smile. His older sister Beatriz remem- Robles earned three Good Conduct He built four downtown commercial bers it this way: ‘‘As soon as he smiled, Medals, two Sea Service Deployment buildings. He was one of Haines’ largest even if you were mad at him, you Ribbons, the Afghanistan Campaign landowners. But changing political at- would stop and have to smile.’’ Medal, the Iraq Campaign Medal, the titudes toward timber harvest in Behind that big smile, though, was a Global War on Terrorism Service Southeast Alaska and the regulations tough young man. More than anything, Medal, the National Defense Service that followed put John out of the tim- Adrian wanted to be a marine. This Medal, and the Purple Heart. ber business. Those powerful forces, longing to serve his country was a Adrian’s mother Yolanda recalls that however, did not put John down. He point of pride and tradition in Adrian’s his life’s passion was to serve his coun- placer mined for fun and invested in family. His grandfather, Pedro Torres, try. She notes that he hated war and small businesses. He was the mayor of served as a fighter pilot in World War knew the dangers, but he loved being a Haines. He was an outstanding bridge II. Pedro’s stories of service and adven- marine. A brave, disciplined, and joyful player. He was an avid reader. I under- ture inspired Adrian’s quest to become young man, Adrian lived a short life, stand that David McCullough’s biog- a marine, and their bond was a source but his imprint is felt by the countless raphy of Harry Truman was one of his of joy throughout the family. people who knew and loved him. Per- favorites, even though he was a loyal As Adrian’s father Cesar recalls, ‘‘He haps his devotion is summed up best by Republican. loved his grandpa so much. He was a the tattoo on his left arm, which read: It was only after John was hero to him.’’ ‘‘Your Freedom. My Life. Without recuperating from heart surgery that When he was 16, Adrian approached Complaint.’’ he entered the mining business in a big his parents and told them he wanted to Adrian embodied the strength and de- way. Think about it, most people reha- be a marine. He didn’t want to wait. He termination that Nebraskans are bilitate from a heart surgery by doing even prepared a waiver for them to known for all over the world. He lived more walking or going to the gym. sign, which would have allowed Adrian passionately, and he earned his dream John Schnabel decided he was going to to join the Corps when he turned 17. of being a U.S. marine. Cpl Adrian work a mine. He worked the mine to While they admired the passion in Robles is a hero and I am honored to remain active. He said it was doctor’s their young son, Adrian’s parents stood tell his story. orders. He did this until 2 years ago. firm. They wanted Adrian to focus on I yield the floor. Effectively, until the time he was 94, completing his high school education. The PRESIDING OFFICER (Mrs. he was working the mine. Deterred but not discouraged, Adrian FISCHER). The Senator from Alaska. The Discovery Channel folks wan- decided to join the high school soccer f dered by and found John Schnabel an team. Soccer became an outlet for him, interesting man. By 2010, Grandpa was not only as an athlete but as a way to REMEMBERING JOHN AND ERMA a global celebrity—a reluctant celeb- train and get in shape for the Marines. SCHNABEL rity but a celebrity nonetheless; the Adrian graduated from Scottsbluff Ms. MURKOWSKI. Madam President, star of a reality TV show that ran for High School in May of 2005. As ex- we are about to begin the Memorial six seasons before he passed away. pected, he immediately enlisted in the Day state work period and many of us John and Erma were friends of mine. Marine Corps. will be traveling in our home states I respected John’s business acumen and In the year that followed, Adrian next week. I am blessed because I am his political leadership, but I really re- completed basic training and served a going home to Alaska. Tomorrow I will spected the relationship he had with full tour in Iraq by the end of 2007. His be in Haines. This is a magnificent Erma. The last time I visited with determination impressed his fellow ma- community in truly a magnificent John and Erma was 2 years ago in Au- rines. GySgt Trent Kuhlhoof served State. But when I arrive in Haines, gust. I was there at the Haines Assisted with Adrian during a tour in Iraq. Adri- something will be missing, and that is Living Center. I came in and visited an was the kind of person who natu- the absence of two of Haines’ most with John. John was talking politics rally bonded with everyone. As Ser- prominent citizens—John and Erma with me and with anybody else who geant Kuhlhoof remembers, ‘‘It was Schnabel. was listening, chatting around the hard for me to get mad at him—for John Schnabel passed in March at room. Then, he left to go sit in the cor- anything.’’ the age of 96 years old, and Erma, his ner of the dining area, sat next to Adrian had discovered his calling. He wife of 65 years, passed shortly there- Erma. He didn’t say anything for prob- worked toward excellence, and he loved after at the age of 87. John was re- ably half an hour, 45 minutes. He just being a marine. A marksman is the garded by his family and the people of sat quietly with her, holding her hand. centerpiece of every Marine combat Haines as a living legend. If you don’t That really moved me when I saw team, and Adrian was a good one. By believe that is true, or if you say all of them. Sixty plus years of marriage and the age of 21, he had earned three Good us have living legends in our commu- still holding hands. John had always Conduct Medals, a rare feat in the mili- nity, no less of an authority than Peo- been the builder. Erma was known as tary. ple Magazine referred to John as a ‘‘liv- the carer. She took care of the family. In the spring of 2008, Cpl Adrian ing legend’’ in an article which noted She took care of the community. Leg- Robles deployed to Afghanistan as part his passing. He was not just a local leg- end has it that there wasn’t a person in of the 2nd Battalion, 1st Marine Divi- end. He was known the world over as Haines who had not dined at her table sion. Their mission was to train local ‘‘Grandpa.’’ He was the patriarch of the at one time or another. Afghan military forces, but by the fall Discovery Channel series ‘‘Gold Rush: They are both gone from Haines, but this changed to a security mission as Alaska.’’ But to us Alaskans, he was they are certainly together in Heaven.

VerDate Sep 11 2014 03:11 May 27, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.085 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3267 Alaska is clearly better for their con- veterans service organization, and that It wasn’t a perfect system and it tributions, and I know I will certainly created a groundswell to turn the Alas- wasn’t without complaints, but on bal- be thinking of them when I visit ka VA in a more veteran-centric direc- ance this was the best Alaskan vet- Haines tomorrow. tion. It wasn’t easy. erans were ever treated. f The familiar slogan that ‘‘it doesn’t Then came the Phoenix scandal. We matter who wins an election; the bu- hoped that what had happened there— VETERANS HEALTH CARE reaucracy always wins’’ was a way of the spotlight that was shown on the Ms. MURKOWSKI. Madam President, life in the Alaska VA health care sys- VA as a result of a horrible scandal— there are 2 days every year when this tem, but we developed a pretty strong would not affect the good things we Nation focuses special attention on ally when Secretary Shinseki came on were doing in Alaska. those who served—Memorial Day and board. During his tenure as Secretary, Two years later, I can tell you that Veterans Day. I plan to approach this we saw three significant changes from things have changed profoundly and Memorial Day by expressing gratitude the status quo. unfortunately, not for the better. The to those who have served and honoring The first thing that happened was Choice Act seems to have been the cat- the memory of those who sacrificed that the VA began contracting with alyst for unraveling the VA reforms in their lives for our freedom. Alaska’s tribal health care providers to our little corner of the world. Let me When you serve in the military, sup- care for both our Native and non-Na- explain why. porting your buddy is everything. So as tive veterans who lived outside the When we were presented with the we honor the memory of those lost in reach of any VA facilities. If you are a Choice Act, I looked at it as having an- action, we know they would want us veteran living in Bethel, it didn’t make other tool that the VA could use to also to care for their buddies who came any difference if you were Native or help expedite care to veterans who home. Advances in military medicine non-Native—you could receive care couldn’t get their care in a timely fash- since the Vietnam war have made it through the tribal health care pro- ion. If this is another tool in the tool- possible for many to survive the vider, and they were compensated by box, this is going to be good for our wounds of war that they would not the VA at the same encounter rate the vets. But the VA didn’t view the Choice have otherwise been able to do in ear- Indian Health Service paid them. Act simply as another tool; they lier conflicts. But these veterans still The second thing we saw with Sec- viewed the Choice Act as the single retary Shinseki—I had commissioned do not return as they left, and many right answer to care outside the VA. To an inspector general’s inquiry into al- more return to the scourge of post- this day, the VA seems to almost re- legations that the VA was sending our traumatic stress disorders. sent the fact that a variety of other Alaska vets to Seattle and other points I will see a lot of veterans this Me- purchase care programs coexist with even farther than Seattle for care that morial Day weekend. I would like to be the Choice Act, and they worked to un- could be purchased from community able to tell the veterans of Alaska that dermine them through a hierarchy of providers in Alaska. There were situa- their Federal Government is doing care policies that make it impossible tions where a veteran dealing with can- right by them, but when it comes to for our local VA officials to use com- cer and needing radiation or chemo- the matter of health care, and particu- munity providers with whom they have therapy treatment would be sent to Se- larly the failings we see with the attle for a series of treatments when built these relationships. Choice Program, I can’t in good con- That whole unraveling was enough to that same treatment could be provided science tell them things are better in send our creative, innovative Alaska in Anchorage or Fairbanks. Secretary Alaska. VA director into retirement, and unfor- Shinseki brought an end to that prac- It has been a while since I have been tunately that position has been vacant tice. to the floor to speak in relatively bleak Third, the VA hired a creative execu- ever since. terms about the care our veterans re- tive with deep experience in the Alaska By the way, when veterans asked ceive in Alaska because for some while health care market to lead the Alaska ‘‘What happened here? We had a good things had been improving. They had VA health care system. Even better, system. It was working. What has hap- been improving for much of the last 8 the VA senior leadership actually em- pened?’’ the VA talking points said years, but now it seems as if this pen- powered her to do the right things for ‘‘Blame the Congress. They gave us the dulum is swinging the other way. Alaskan veterans. So when that direc- Choice Act, and there is nothing we When I came to the Senate 13 years tor began to see waiting lists forming can do about it.’’ That is an entirely ago, Alaska veterans who lived some- for primary care and behavioral health disingenuous response given that all of place other than the metropolitan area services in Anchorage, she took the ini- the purchased care authorities that of Anchorage or Fairbanks or the tiative and she enlisted non-VA pro- were on the books before the Choice Kenai Peninsula really didn’t think viders to come in and work with them Act remained on the books after the about the VA health care. Those who to solve the problems. We were in a Choice Act became law. The VA had lived in those three communities were pretty unique situation. We didn’t suf- the flexibility before the Choice Act to able to gain their care at the local VA fer the wait list that veterans in the craft local solutions, and they had the clinic, and it worked for them. But if lower 48 saw because we had somebody same flexibility to do so after the they didn’t live in a community where who was at the helm, saw the problem, Choice Act. The decision not to support the VA was located and if they weren’t and said: We can be creative; we just local flexibility was a deliberate eligible for beneficiary travel, the VA need a little bit of flexibility so we can choice, and it was a choice of the bu- just didn’t mean much to them. That address our veterans’ needs. reaucracy, not a choice that was man- was the status quo, and it really didn’t The model was pretty simple. If a dated by the Congress. show much sign of changing. veteran needed to see someone outside How has the Choice Act been working Alaskans really began to challenge the VA, they were placed with that out in the State of Alaska? I spend a the status quo during the second gulf outside provider by VA staff. And those lot of time back home. I spend a lot of war. Operation Iraqi Freedom resulted VA staffers who matched the veteran time visiting with our veterans, and I in a large-scale deployment of Alaska with a local provider actually lived in am listening hard. Every now and National Guard members from Alaska. They knew Alaska’s geog- again, I do hear a veteran say: Yeah, I throughout the State. At one point, 89 raphy. They knew it wasn’t possible to think things are OK. I think I am get- different Alaska communities were drive from Bethel to Anchorage. They ting the care I want. But more often represented in the Middle East, and it knew the breadth and limitations on than not, what I am hearing from our was fully apparent that when these he- services available within our State. vets is that instead of calling it the roes returned home and were released Also, the bills for services were sent Choice Act, it is called the ‘‘bad Choice from Active Duty, the VA was not pre- to the VA; they were not sent to the Act’’ or ‘‘no choice at all.’’ pared to meet their needs. veteran. If for some reason a provider For a while, it seemed that the Na- When then-VA Secretary Nicholson wasn’t paid on time, the veterans were tive partnerships would be subsumed in visited Anchorage in 2006, he heard the insulated. They were protected from Choice, and we pushed back on that message loud and clear from Alaska’s collection agency calls. and we won. But for the veterans who

VerDate Sep 11 2014 03:11 May 27, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.086 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3268 CONGRESSIONAL RECORD — SENATE May 26, 2016 needed specialty care, the Choice Act this model in Alaska through language grams would have gone insolvent dur- has been a tough road to hoe, and I that is included in the fiscal year 2017 ing the August break if we hadn’t done have a couple of examples. report, but I am really not sure where so. There was an elderly Tlingit Indian it is going, given the current VA lead- We need to address this. We can’t gentleman from southeast Alaska. He ership. The rapport, unfortunately, is keep writing a blank check to the VA. was sent to Seattle for a form of cancer just not there. We have to have reform, and that re- therapy that was not available in Alas- Toward the end of Secretary form needs to work. ka. In the middle of his episode of care, Shinseki’s tenure, members of the Vet- Last week the Senator from Arizona he was told: You will have to return to erans’ Affairs Committee in the other proposed a 3-year extension of the Alaska. It was only after days on the body berated the VA for its poor con- Choice Program, but the amendment phone with the VA and the Choice con- gressional relations. included some changes in the way the tractor—each whom was pointing the I will say that when I needed to talk VA pays providers in the purchased finger at the other—and then my office to the Assistant Secretary for Congres- care arena. There was some problem- that the problem was resolved. Mean- sional and Legislative Affairs or, for atic language, so I wasn’t able to sup- while, this veteran was telling his fam- that matter, Secretary Shinseki, they port his amendment at that time. ily to prepare for a funeral. It was that were right there. And even if the re- Since then, he has worked with us, dire. sults didn’t come as quickly as I would which I greatly appreciate, and the Then there was the veteran who was have liked them to, that team was leaders of the Senate Veterans Affairs scheduled for neurosurgery. This vet- clearly delivering for our folks in Alas- Committee worked with us to resolve eran was told that her referral from ka, but I cannot say the same for the those problems. So I can now support the Anchorage VA was rescinded and current team. the 3-year extension in the Choice Pro- she would need to go to the Choice Pro- Through the fiscal year 2016 VA ap- gram that he proposes which I expect gram for another one. She called the propriations bill, I demanded a report will include the language changes we Choice contractor’s hotline and was re- on how the VA would serve Alaskan discussed. ferred not to neurosurgeons but to be- vets under the consolidated Choice But even if we approve that 3 year havioral health providers. Evidently, Program that told the VA to formulate extension that’s not the end of our in- the individual on the other end of the last summer, and we still haven’t seen terest in the Choice program or VA line didn’t know what neurosurgery that report. purchased care. I think it is important was. When the particular problem was During the recent appropriations to take the time; let’s get this right. I resolved, the neurosurgeon was no hearings, I raised concerns about how think we need to come to terms with longer available and the veteran was personnel vacancies and management what we want care outside of the VA to stuck on painkillers until her surgery issues in the Alaska VA were affecting look like. I think there are still some could be rescheduled. That is not a performance, and Dr. Shulkin took huge problems in the implementation good outcome. issue with that characterization. He of- of the Choice Program that we need to Another example is when a veteran fered to show me some metrics. We are address, and, unfortunately, these living in Juneau, our capital city, was still waiting. problems are profound in the smaller under the ongoing care of an ophthal- Last week he sent a young doctor and harder to get places like Alaska. mologist, but that doctor didn’t take from Philadelphia, whom he has I think it is high time that we give Choice. The veteran called the 800 num- charged with running purchased care, the VA clear direction about the value ber for Choice to get another referral. up to Alaska. The report back is that we place on access to veterans’ health He was told that he could drive to he was tone-deaf to criticisms of care in those smaller and hard to get Sitka and see someone there. If you Choice lodged by our veterans and pro- places. In many cases we know the dy- lived in Alaska, you would be laughing viders, and he suggested that the rate namics of the local health care mar- because you would know there is no being paid to the Native health system kets better than the folks in a central road from Juneau to Sitka. They are to do work that the VA should be doing VA office. Fixing purchased care begins both islands. Another reason you themselves was unjustifiably high. with directing the VA to collaborate might raise an eyebrow is because not This is very troubling. with Members of this body to get it only can you not drive there, but the So we learn that VA is hiring a bunch right—not allowing the VA to play Choice participant was an optometrist. of new executives to help this indi- members off one another so that, once Think about how this veteran feels vidual manage a nationwide commu- again, the bureaucracy wins. We can’t after calling the 800 number and then nity care program out of the VA cen- sit quietly by while the VA blames us being told to just drive down to the tral office. I remain very concerned. for failings that they need to own—fail- next town. You can’t drive there, and Long before the Phoenix scandal, the ures that might have been avoided oh, by the way, that specialist doesn’t VA was purchasing community care through collaboration with those who exist there. using a decentralized model. Now it know their localities best. The VA and the Choice contractor seems to be moving abruptly to a cen- I appreciate the opportunity to spend claim to have fixed these problems, but tralized model. I don’t know how well a few minutes on the floor this evening for every problem that is fixed, there is centralized models work in other parts talking about how we make things still a veteran with a new one, a vet- of the West or rural communities in right for who have served us. Memorial eran who has lost faith with the Choice other regions, but I can state that they Day is but once a year. Veterans Day is Program or a provider who no longer just do not work in a place such as but once a year. But every day—every wants the hassle of taking Choice. Alaska. One-size-fits-all is not the day we need to be honoring and thank- One provider told me that the model that best serves our veterans, ing those who serve us, and when we amount of time his staff has to spend but this seems to be the direction we say thank you for their service, let’s on the phone with the Choice Program are moving toward. show them that we mean it. Holding is disruptive to his practice. He said it To make matters worse, we are not the VA’s feet to the fire on results is is unfair to the other patients who even debating what we want commu- one way to do that. aren’t getting the attention they need nity care in the VA to look like. We I yield the floor. from the office staff. have 100 Members who have a stake in I suggest the absence of a quorum. I don’t want to stand here and com- the outcome, but only a few seem to be The PRESIDING OFFICER (Mr. CAS- plain without offering solutions. There involved in that discussion. The votes SIDY). The clerk will call the roll. is a solution to Choice’s problems in always seem to be pretty much The senior assistant legislative clerk the State of Alaska, and that solution straight up or down, with no oppor- proceeded to call the roll. is to go back to the way we had it, with tunity for amendments. We have done Mr. CARPER. Mr. President, I ask the local VA partnering local providers that now twice—in the first instance unanimous consent that the order for with local patients. with the Choice Act itself and then the quorum call be rescinded. The Senate Appropriations Com- again last year when we had to bail the The PRESIDING OFFICER. Without mittee has urged the VA to reinstate VA out because its health care pro- objection, it is so ordered.

VerDate Sep 11 2014 06:28 May 27, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.087 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3269 TRIBUTE TO FEDERAL In 14 years, the Department of Home- the frontlines count on is the support EMPLOYEES land Security has done an exceptional of CBP’s Air and Marine Operations. OSCAR PERU job, integrating nearly 20 agencies Air and Marine Operations uses a fleet Mr. CARPER. Mr. President, as the from across from the government, with of 256 aircraft and 286 marine vessels to Presiding Officer knows, he is stuck different histories, different cultures, detect, to track, and to apprehend with this Senator on the floor on many and different capabilities and exper- criminals in places that agents can’t late afternoons. It seems that when ev- tise. Senior leaders in the Depart- reach on foot or in cars. erybody is packing up and heading for ment—chief among them now are Sec- From fast interceptor boats to Huey home, the Presiding Officer has to lis- retary Jeh Johnson and Deputy Sec- helicopters to P–3 aircraft, like the one ten to this Senator, hopefully waxing retary Ali Mayorkas—work each day I flew in during most of my 23 years in eloquently, talking about some of the and every day to make the Department the Navy, Air and Marine Operations very good people who work for the De- of Homeland Security more than the provides critical support to CBP partment of Homeland Security. sum of its part. They stand on the agents. They often do important and When looking at people who do im- shoulders of those who came before dangerous work. Air and Marine agents portant work for our country, there are them as Secretaries and Deputy Secre- are also key in helping to find and res- a lot of valuable agencies, a lot of very taries of this Department. cue people on our borders who may be valuable and hardworking people. But I am proud that just yesterday the in danger, saving countless people who some of the best and brightest folks Homeland Security and Governmental are found lost or injured in some of the work for the Department of Homeland Affairs Committee, on which I serve as most remote parts of the country. Security, trying to protect us and our the senior Democrat, approved bipar- One CBP Air and Marine Operations families and our businesses and our tisan legislation to support the Depart- agent who goes above and beyond to country. ment’s efforts by authorizing its Unity help secure our borders and keep people I have come regularly to the floor of Effort Initiative. That initiative safe looks a lot like this fellow. His now for a couple of years to highlight successfully brought agencies within name is Oscar Peru, like the country. some of the great work being done by the Department together to pool re- He is pictured here to my left. Oscar the men and woman who serve us at sources, to deepen coordination, and Peru is a CBP aviation enforcement the Department of Homeland Security. more effectively to tackle their joint agent based out of Tucson, AZ. He was As you may recall, the Department of missions together. I like to say that if raised in Tucson. Homeland Security was sort of cobbled you want to go good fast, go alone. If Oscar joined the Arizona Army Na- together roughly a dozen years ago. We you want to go far, travel together. tional Guard after college. He served took 20 different component agencies What we see happening at the Depart- his State and his country as a guards- with over 220,000 employees stationed ment of Homeland Security is the cre- man for 10 years, including by fighting all over the world and said: We are ation of a cohesive unit of what were in Operation Iraqi Freedom. After going to make you the Department of very many different disparate agencies. working for the State of Arizona on Homeland Security. One component agency within the their Joint Counter Narcotics Task It has not been easy, but I think it is Department of Homeland Security that Force, he joined the Border Patrol as a a work in progress. But when you con- not only serves a critical mission today senior patrol agent in 2003. sider that the Department of Defense but has a long and storied history is After 5 years as a Border Patrol was created right after World War II called U.S. Customs and Border Protec- agent, Oscar joined the Border Patrol and they still struggle at times to tion. In 1789—1789—before some of our Search, Trauma, and Rescue Unit. As a function as effectively as we would pages were born, the U.S. Customs trained emergency medical technician, like, we should not be surprised that Service was established, and a fleet of Oscar was able to provide lifesaving the Department of Homeland Security vessels set out patrolling our shores to care to countless men, women, and has gone through some growing pains, prevent the shipment of illegal goods— children who were lost or injured in if you will, in learning how to work to- 1789. some of the harshest environments gether. Then in 1924, nearly 92 years ago to along the southwestern border of our We are proud of the work they do and the day, the U.S. Border Patrol was es- country. grateful for the work they do. But they tablished. Later in 2003, the Customs At all hours of the night, Oscar has have some of the toughest jobs of the Service and the Border Patrol merged conducted searches to find and save folks who work in Federal workforce. to create the modern Customs and Bor- those in need. Oscar also performed the From stopping drugs from crossing der Protection agency that operates difficult and—I am sure—heart- into our borders to protecting our within the Department of Homeland breaking task of retrieving the bodies cyber networks from hackers to secur- Security today. Today, Customs and of those who have perished so they can ing nuclear and radiological materials, Border Protection performs a number be returned to their families and given the Department of Homeland Security of duties on the frontlines of the battle a proper burial. has a diverse, complex, and a difficult against threats such as terrorism, Since 2008, Oscar Peru has served as mission—really, a combination of mis- drugs, and human trafficking. They an aviation enforcement agent, coordi- sions. work to secure thousands of miles of nating efforts across Federal agencies. Each and every day, tens of thou- border and coastline around the coun- Working with State and local law en- sands of Department of Homeland Se- try. forcement, Oscar conducts operations curity employees quietly and dili- They work to facilitate travel, to in- to identify and stop criminal activity gently work behind the scenes. They spect ships and cargo at our ports of along the border, from drug smuggling work to achieve the mission, the core entry. They work to stop illegal drugs to human trafficking to rescue oper- of which is keeping over 300 million and other contraband and violent ations. Americans safe as we go about our criminals from entering into our coun- Oscar’s work has saved countless daily lives. try. Today alone, its 60,000 employees lives, arrested countless criminals, and It is easy to forget that despite all it are hard at work welcoming nearly 1 kept countless pounds of drugs from achieves each day keeping Americans million visitors to our country—just in ever reaching our communities. safe around the world, the Department 1 day—screening more than 67,000 cargo Oscar, I would say that is one impres- of Homeland Security is still a teen- containers for hazards and customs sive day’s work. We are grateful to you ager. I said earlier that it came to- violations, and stopping more than for doing it. gether in 2002, almost 14 years ago, fol- 12,000 pounds of illicit drugs from en- Those who know Oscar routinely de- lowing the attacks on 9/11, when it be- tering our country. scribe him as a man who shows incred- came clear that we needed a central- I am not talking about what they do ible compassion for everyone that he ized agency to pool and share informa- in a year, or a month, or even a week. encounters, both in his personal life tion—about what?—about the threats That is what they do in a day. Think and in his work. to our country and to coordinate the about that—in one day. The key re- Through his years of dedicated serv- efforts to keep these threats at bay. source that our Customs officials on ice, Oscar has earned the trust of his

VerDate Sep 11 2014 03:11 May 27, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.089 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3270 CONGRESSIONAL RECORD — SENATE May 26, 2016 peers, who rely on him as a leader dur- nancial officer after the death of orable BOB GOODLATTE, chairman of ing risky operations and dangerous Freddie Mac’s acting CFO in April of the Committee on the Judiciary in the missions. As a certified master and in- 2009. U.S. House of Representatives. structor in helicopter ropes and sus- He retired from the Freddie Mac There being no objection, the mate- pension techniques, Oscar uses his ex- board in 2012. I want to mention an- rial was ordered to be printed in the perience to train others in skills nec- other thing or two about John RECORD, as follows: essary to operate safely in a dangerous Koskinen’s service prior to coming on DEPARTMENT OF THE TREASURY, environment, often leaning out of the board in the last decade to help us in INTERNAL REVENUE SERVICE, door of a helicopter hundreds of feet up the public sector. Prior to serving on Washington, DC, May 23, 2016. in the air. It is no wonder his col- the Freddie Mac board, Koskinen Hon. BOB GOODLATTE, leagues describe Oscar as courageous served as the president of the U.S. Soc- Chairman, Committee on the Judiciary, House of Representatives, Washington, DC. and as an inspiration to those around cer Foundation from 2004 to 2008. He DEAR MR. CHAIRMAN: Thank you for your him. also previously served as deputy mayor letter of May 18 inviting me to testify at the So, Oscar, my friend, we say thank of the District of Columbia, the Deputy Judiciary Committee hearing on May 24 re- you. Thank you for your remarkable Director for Management at the Office garding the Committee’s inquiry into allega- and continued service to our country of Management and Budget, and the tions made against me in my role as IRS and to your community in Tucson. A Chairman of the President’s Council on Commissioner. I thank you for extending me special thanks for all of the lives you Year 2000 Conversion. that courtesy, and for affording me the op- portunity to provide the Committee with in- have saved and will continue to save Prior to entering government serv- formation in response to the issues raised by through your heroic work. ice, John Koskinen worked for 21 years some Members of the House. I have the deep- To Oscar’s wife and four children, we for the Palmieri Company, as vice est respect for you and for this Committee, say thank you for sharing with us a president, president, CEO and chair- and recognize your Committee’s responsi- good man, your husband and your dad, man, working in the realm of turn- bility to carefully evaluate these allega- for letting him do the important work arounds—a person helping to turn tions. around large failed enterprises. Earlier When the Committee announced this hear- that he does every day to keep Ameri- ing, I was returning from a week in China cans safe along the southern border in his career, he served as the adminis- where I met with the tax administrators of and really around our country. trative assistant to then Senator Abra- 43 nations to discuss international tax avoid- To the 1,200 men and women of the ham Ribicoff, legislative assistant to ance issues. As a result, since I returned, my Air and Marine Operations and the Mayor John Lindsay, and Assistant to schedule has been more crowded than usual, 60,000 employees at Customs and Bor- the Deputy Executive Director of the including preparations for a previously der Protection, thank you for your National Advisory Commission on Civil scheduled hearing before the House Ways and continued service to our country and Disorders. Means Committee on Wednesday, May 25. He practiced law with the firm of Therefore, the short notice provided has left for your dedication to the safety and me without sufficient time to prepare to ap- security of so many others. As I said Gibson, Dunn & Crutcher and clerked pear in person on Tuesday for what could be earlier, more than 200,000 employees at for Judge David Bazelon, chief judge of a wide-ranging and complex discussion re- the Department of Homeland Security the U.S. Court of Appeals for the Dis- garding claims that may only become clear have some of the toughest jobs of any trict of Columbia. after the hearing’s first panel. Thus, while I of our public servants, working outside He got his bachelor’s degree from must regrettably decline your invitation, I the spotlight to tackle difficult chal- Duke University and his law degree remain willing to appear before the Com- lenges and to protect our community from Yale. I mean, what a resume. mittee in the future. At the age of 74, as somebody who In the meantime, if you think it is appro- and our families. priate and helpful to include in the record at To each of you, I just want to say helped turn around a lot of failed en- this time, I enclose an initial statement again, as I say here every month: terprises, our President reached out to summarizing why the allegations against me Thank you. Keep up the good work. him and probably said: I know you are lack merit. I think this information may May God bless each and every one of 74, an age where a lot of people are also be useful to witnesses at the second you. more interested in slowing down and hearing you have announced for June with outside experts. f taking life easy. He took on one of the toughest challenges of all. Should the Committee choose to undertake COMMENDING JOHN KOSKINEN further steps, I hope that it will do so in a He is one of the finest people I know manner consistent with the House’s long- Mr. CARPER. Mr. President I want in public service. There are some folks standing concern for, and provision of, the to take another few minutes—I think I in the Congress who have been assert- due process that must attend such a serious have the time. I don’t see anybody ing that he is unfit for service. I just course of action. I would be pleased to talk waiting to speak. I want to take a want to say: They could not be more with you further at your convenience. minute and say something about a fel- mistaken. This a good and decent man. Sincerely, low named John Koskinen. John I was raised to treat other people the JOHN A. KOSKINEN. Koskinen is the Commissioner of the way I want to be treated, to figure out WRITTEN STATEMENT OF JOHN A. KOSKINEN, IRS. In 2013, at a time of great tumult the right thing to do, and to treat oth- COMMISSIONER, INTERNAL REVENUE SERVICE at the IRS, President Obama turned to ers the way I want to be treated. BEFORE THE HOUSE JUDICIARY COMMITTEE— John Koskinen to lead the IRS because Given the sacrifices that he has made FOR ITS HEARING: EXAMINING THE ALLEGA- of his reputation in the public and pri- with his life at this stage of his life, TIONS OF MISCONDUCT AGAINST IRS COMMIS- vate sectors as a go-to manager of rather than taking brickbats, he SIONER JOHN KOSKINEN, PART I MAY 24, 2016 troubled enterprises. should be taking bouquets. So I would INTRODUCTION He was 74 at the time. He agreed to say to you, John Koskinen, if you are Chairman Goodlatte, Ranking Member take this on. He did not need to do this. out there listening: I know you have Conyers and Members of the Committee, He needed to do this job like he needed other things to do rather than listen to thank you for the opportunity to provide a another head, but he said that he would wrapups here in the Senate before we summary statement for the record in con- nection with your review of the allegations do it. He agreed to do it because the begin the Memorial Day break, but I by some Members of the House Oversight and President asked him to serve our coun- want to say thank you for a lifetime of Government Reform Committee. I hope this try, and they needed a strong leader at service, and thank you especially for summary statement is helpful as you con- the IRS. your service as our leader in the IRS. sider whether to initiate a more formal in- Prior to his service at the IRS, he God bless you and your family. Thanks quiry. I stand ready to cooperate with your held the position of Non-Executive to them for sharing with us a very good Committee with regard to any actions it Chairman at Freddie Mac from Sep- human being. deems appropriate. tember 2008 to December 2011. During Mr. President, I ask unanimous con- I have great respect for our institutions of government, including the United States that time he served as the interim CEO sent to have printed in the RECORD a Congress and each of its Members. When I at Freddie Mac—that was a tumul- letter dated May 23, 2016, from John began my service as Commissioner of the In- tuous time, a very difficult time for Koskinen, Commissioner of the IRS, ternal Revenue Service, I took over an agen- our country—and as the principal fi- whom I was just discussing, to the Hon- cy under investigation by six different bodies

VerDate Sep 11 2014 03:11 May 27, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.090 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3271 and buffeted by ongoing, serious con- complying with such investigations. Earlier Both TIGTA and DOJ have determined troversy. I regret that, in the period since in my career, I spent four years as Chief of that the erasure of disaster recovery tapes then, we have not been able to bring these Staff to former Sen. Abraham Ribicoff, who was an accident. matters to a conclusion satisfactory to all served as Chairman of a subcommittee of the No one has even suggested, nor could they Members of this distinguished Body, includ- Senate Governmental Affairs Committee suggest, that I was somehow personally in- ing those who are testifying today before and, ultimately, as Chairman of the Com- volved in the erasure of the tapes. you. mittee. The Committee held hearings on a The IRS has taken steps to prevent a re- I believe the allegations you will hear de- variety of important issues, and my involve- peat of the failure to preserve information. scribed today, and the related House Resolu- ment in those hearings impressed upon me Under my direction, the IRS has responded tion are without merit, for reasons summa- the importance of Congressional oversight of comprehensively and in good faith to the rized below. But I also acknowledge the the Executive Branch, and the responsibility various subpoenas and document requests of agencies to respond as quickly and com- strong feelings that are held by some Mem- from the investigating entities. bers regarding this matter, as well as their pletely as possible to requests for informa- tion from Congress. Despite historically low levels of funding, understandable frustration with the docu- the IRS incurred more than $20 million in ex- ment production and retention challenges of In response to the May 2013 TIGTA report, the IRS accepted and implemented all of the penses (and devoted more than 160,000 man- our agency during the past several years. I hours) to collect, review, and produce ap- also understand their deep concern regarding Inspector General’s recommendations, with one exception. The only recommendation we proximately 1.3 million pages of documents. the actions that gave rise to these controver- have not completed involves clarifying how As part of this massive document produc- sies —conduct that ended long before I ar- to measure the social welfare and political tion, the IRS recovered and produced over rived at the IRS. I am committed to con- activities of section 501(c)(4) organizations. 78,000 emails that were sent or received by tinuing to make improvements and working Before I became Commissioner, the Treasury former IRS Director of Exempt Organiza- with all committees and Members of Con- and the IRS drafted proposed regulations on tions Lois Lerner, including over 24,000 gress during my tenure as Commissioner, this issue for public comment. The regula- emails from the period affected by Ms. and I sincerely hope that, over time, trust tions proved to be very controversial and Lerner’s hard drive crash. and goodwill on all sides will be restored. provoked over 160,000 comments. I suggested The IRS was able to recover such a large BACKGROUND that we start over, taking into consideration number of emails by looking in the places Let me begin by noting that I never sought the range of comments provided and empha- where it believed the emails were most like- the position of IRS Commissioner, which I sizing that our goal was not to change the ly to be found: in the email accounts of IRS have held since December 2013. After con- basic, existing rules but, instead, to clarify employees that Ms. Lerner worked with or cluding my work as Non-Executive Chairman them as recommended by the TIGTA report. supervised. The IRS’s strategy was to make of Freddie Mac, having been asked to under- We were instructed by Congress in December up for any technical or recordkeeping short- take that role in the wake of the financial to halt our work in this area, which we have comings that may have existed by pursuing crisis by President George W. Bush’s Admin- done. a broad, even redundant, document collec- istration, I was happily retired. I served on TIGTA reviewed our actions in response to tion and review effort. the boards of two large, publicly-traded com- the May 2013 report, and issued a follow-up The erasure of 422 disaster recovery tapes panies and tried to keep up with my grand- report in March 2015 that noted the IRS had at Martinsburg, West Virginia was clearly a taken ‘‘significant actions’’ to address their children. But I agreed to serve when ap- failure of the IRS’s document preservation recommendations. We also accepted and im- proached by the current Administration in protocols. The IRS accepts responsibility for plemented their additional suggestions. May 2013, because I have a longstanding com- In August 2015, another of the six inves- it, and as detailed in its submissions to Con- mitment to public service, and because I un- tigating entities, the Senate Finance Com- gress, has improved employee training and derstand the importance of the IRS to the mittee, concluded its two-and-a-half year in- taken other measures to minimize the risk government and the nation. The IRS collects vestigation with an exhaustive report. As I that anything like this could ever happen more than 90 percent of the revenue that testified to the Finance Committee in Octo- again. However, both TIGTA and DOJ agreed funds the operations of the Federal govern- ber last year, the IRS accepted all the rec- that the erasure was an accident. As TIGTA ment, and the agency’s activities touch vir- ommendations in the Committee’s report stated in its investigative report, its exten- tually every American. that were within our control—those that did sive interviews ‘‘provided no evidence that When I came to the IRS, I knew no one not involve tax policy matters or legislative the IRS employees involved intended to de- who worked at the agency, and to this day I action. They included 15 of the report’s 18 bi- stroy data on the tapes or hard drives in have never met or spoken to former IRS Di- partisan recommendations. We also accepted order to keep this information from Con- rector of Exempt Organizations Lois Lerner. and have implemented all of the rec- gress, the DOJ or TIGTA.’’ By the time I was confirmed as Commis- ommendations within our control in the sep- Proposed Article II sioner in December 2013, six investigations arate reports prepared by the Majority and were already well underway in response to Minority of the Committee. I acted in good faith in my efforts to com- the May 2013 report by the Treasury Inspec- In addition to the Senate Finance Com- ply with all Congressional requests related tor General for Tax Administration (TIGTA) mittee, the Senate Permanent Sub- to the investigations. regarding the use of improper criteria to committee on Investigations, the Depart- I testified truthfully and to the best of my process applications for tax-exempt status ment of Justice (DOJ), and TIGTA have con- knowledge in answering questions con- under section 501(c)(4) of the Internal Rev- cluded their investigations and their work, cerning the search for, and production of, enue Code. with the exception of one historical review emails related to the investigations. It should be noted that organizations ap- being done by TIGTA. None of these entities The IRS only became aware of the acci- plying for 501(c)(4) status at that time did have indicated any further action or activity dental erasure of disaster recovery tapes in not need a determination from the IRS to is necessary or required. 2015, after being notified by TIGTA during undertake their activities. Until last Decem- Despite that, some Members have urged its investigation of the Lerner hard drive ber, when Congress passed the Protecting the House to impeach me. Impeachment is, crash. Americans from Tax Hikes (PATH) Act— of course, an extraordinary tool, used very The allegations that I somehow attempted which requires 501(c)(4) organizations to ad- rarely by the House after a careful and delib- to deceive Congress are unfounded. On June vise the IRS when they begin activities—any erative process, including, in previous cases, 20, 2014, I testified to the House Ways and entity could operate as a 501(c)(4) simply by providing substantial due process and other Means Committee that ‘‘since the start of filing the annual information returns re- safeguards to the accused individual. These this investigation, every email has been pre- safeguards, which include adequate time to quired by the IRS. Nonetheless, those orga- served. . . .’’ That was my honest belief at prepare and the right to call and examine nizations had a right to a determination if the time, as I was not yet aware of the Mar- witnesses, are not part of this preliminary they sought it, and the IRS had an obliga- tinsburg erasure. inquiry. And as described below, I believe tion to provide that determination promptly I only became aware of the erasure in 2015, impeachment is a wholly improper tool in after TIGTA briefed the IRS on the matter. and efficiently. Early in my tenure, I apolo- this instance. gized to all groups who experienced inordi- On June 23, 2014, I testified to the House nate delays and complications in the review RESPONSES TO THE ALLEGATIONS IN THE Oversight and Government Reform Com- of their applications. PROPOSED ARTICLES OF IMPEACHMENT mittee that ‘‘backup tapes from 2011 no My goal from the start has been to respond As indicated earlier, I believe there is no longer existed because they had been recy- as quickly and completely as possible to in- substance to any of the four charges put for- cled,’’ and that IRS personnel ‘‘went back quiries from any of the six investigating en- ward by some Members of the House Over- and looked and made sure’’ of this. This was tities, to help them develop recommenda- sight and Government Reform Committee. my honest belief, based on briefings with IRS tions that would in turn assist us in ensuring My responses to these allegations can be Information Technology (IT) personnel. that the management failures described in summarized as follows: On March 26, 2014, in testimony to the TIGTA’s May 2013 report would never happen Proposed Article I House Oversight and Government Reform again. The IRS, under my direction, responded to Committee, I promised to produce ‘‘all of My previous experience in government Congressional requests for information with Lois Lerner’s emails.’’ As detailed in the dis- helped me to understand the importance of a massive production of documents. cussion above, the IRS made great efforts to

VerDate Sep 11 2014 03:11 May 27, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.037 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3272 CONGRESSIONAL RECORD — SENATE May 26, 2016 produce all available Lerner emails, con- Constitution reserves the use of impeach- would like to pay tribute to the Mighty ducting a broad search at substantial ex- ment for ‘‘treason, bribery, or high crimes Five National Parks by recognizing the pense. The breadth of the IRS’s efforts illus- and misdemeanors.’’ None of my actions re- beauty and unique history of each. trates the good faith underlying the promise lating to the issues above, viewed in light of Canyonlands National Park—imagine to comply with the Committee’s request. all the facts, come close to that level. wave after wave of deep canyons, tow- Proposed Article III I would also note that impeachment has been used only on very rare occasions in the ering mesas, pinnacles, cliffs, and The IRS went to great lengths to cooperate 228-year history of our Constitution. Aside spires stretching across 527 square with and facilitate the various investiga- from two Presidents, the only impeachment miles. This is Canyonlands National tions into the determination process for tax- of a member of the Executive Branch oc- exempt status. Park, formed by the currents and trib- curred in 1876. If the Committee were to go The main allegation seems to be that I utaries of Utah’s Green and Colorado forward and pursue impeachment in this in- somehow impeded Congressional investiga- rivers. Canyonlands is home to many stance, especially in light of the utter lack tions by delaying for four months in noti- different types of travel experiences, of support for the allegations, it would set an fying Congress regarding the Lois Lerner unfortunate precedent, diminishing the abil- from sublime solitude in the more re- hard drive crash. This is inaccurate. It was ity of the Federal government to attract ex- mote stretches of the park to moderate never my intent to impede the investigations perienced, dedicated people to positions of hikes through the Needles district. in any way; to the contrary, the IRS went to leadership. Some have suggested that my im- Located just west of Moab and a great lengths to cooperate with and facili- peachment would be an appropriate means of tate the various investigations. short distance from Arches National holding the IRS accountable for acts of oth- It is important to note that the Lerner Park, Canyonlands is wild, wonderful, ers that occurred before I came to the agen- hard drive crash was by no means purposely and diverse in its landscapes. Due to cy. This approach would make it particu- hidden from Congress. Emails discussing the the park’s massive size, Canyonlands larly hard to attract new leaders when they hard drive crash were included in the sub- has four separate districts, including are needed most—when a critical agency is stantial production of emails to the Congress in crisis following serious mistakes, needing three land districts and the rivers months earlier, in 2013. Documents provided both to reform its practices and respond to themselves, each with their own char- included a series of emails to Ms. Lerner in investigations. That would be a great loss for acteristic landscapes and experiences. 2011 from the IRS IT division discussing the the government and for the country. The area’s earliest known inhab- computer problems she experienced with her I want to be clear that, despite being faced hard drive crash and IT’s efforts to resolve itants were Puebloans. After the with these unwarranted allegations, I remain them. Puebloans, other groups from the Ute, honored to serve as the IRS Commissioner, It was not until February 2014 that agency Navajo, and Paiutes appeared in the and to lead a group of employees who are as attorneys discovered a problem with Ms. area. Ranchers and miners started set- dedicated, skillful, energetic and enthusi- Lerner’s emails. The IRS attorneys also did astic as any group I have had the privilege to tling the area in the 1880s, and places not discover this from the e-mail exchanges work with. throughout the park still bear the that had been earlier provided to the Con- Chairman Goodlatte, Ranking Member names of some of these early settlers. gress. Instead, the discovery was made when Conyers and Members of the Committee, this In the late 1950s and early 1960s, IRS attorneys, who were producing emails concludes my statement. for the Congressional committees, noticed Bates Wilson, the superintendent of an apparent chronological ‘‘gap’’ in the Mr. CARPER. Mr. President, I sug- Arches National Park, lobbied for a na- Lerner emails that had already been pro- gest the absence of a quorum. tional park to be created in the vided to Congress in 2013. After making this The PRESIDING OFFICER. The Canyonlands area. In 1962, Utah Sen- discovery, IRS officials worked to assess clerk will call the roll. ator Frank Moss introduced the what happened, determine whether and how The senior assistant legislative clerk Canyonlands Park bill, and 2 years data was lost, and study how the data might proceeded to call the roll. later, President Lyndon B. Johnson be recovered from other sources. Mr. MCCONNELL. Mr. President, I signed legislation designating I first learned the details of the Lerner hard drive crash in April 2014, and directed ask unanimous consent that the order Canyonlands a National Park. IRS personnel to continue the work of deter- for the quorum call be rescinded. Arches National Park—located mining the extent of the data loss so that a The PRESIDING OFFICER. Without northwest of Moab, Arches is a 73,234- complete description of the problem could be objection, it is so ordered. acre wonderland of eroded sandstone provided outside of the IRS. That work iden- f fins, towers, ribs, gargoyles, hoodoos, tified 24,000 of Ms. Lerner’s emails from the balanced rocks, and, of course, arches. crash period that could be provided to the RECOGNIZING THE NATIONAL The park protects an amazing land- various investigators. When the IRS com- PARK SERVICE AND UTAH’S scape that includes the largest pro- pleted its assessment of the Lerner email sit- MIGHTY FIVE NATIONAL PARKS liferation of arches in the world. Over uation in June 2014, we made a full and time- ly report to the Congressional committees, Mr. HATCH. Mr. President, our na- 2,000 arches have been catalogued in DOJ and TIGTA. tional parks play host to abundant ani- Arches National Park. Landscape Arch, Proposed Article IV mal life, untouched wilderness, and measuring 306 fragile feet, is the sec- some of the most breathtaking vistas I I oversaw a broad document collection and ond-longest span in the world. review to comply with the investigations. have ever seen. Anyone who has beheld The sandstone formations in Arches The gist of this allegation is that I failed the pristine perfection of a mountain National Park define not only the land- to competently oversee the IRS’s response to lake or the verdant green of our valleys scape but also its plants and animals. Congressional investigations. There has been in springtime can bear witness to the The scarce precipitation—8.5 inches an- no suggestion that I denied IRS personnel magnificent grandeur of America’s nat- nually—extreme temperature ranges, the needed resources nor in any other way ural landscapes. Today I wish to recog- and relatively high elevation all con- impeded their efforts to respond to the var- nize the National Park Service for its spire to limit life among the rocks to ied Congressional inquiries. To the contrary, indispensable role in preserving both only species that can adapt to such a as detailed above, the IRS conducted a broad document collection and review, producing a the richness and beauty of these lands. harsh environment. Elevations at comprehensive record of the matters under This year marks the 100th anniversary Arches range from 3,960 feet along the investigation, notwithstanding substantial of the National Park Service. On the Colorado River to the 5,653-foot Ele- technical and resource challenges. I received agency’s centennial, I would like to phant Butte, the park’s high point. A regular reports on the work to complete this thank the thousands of men and pygmy forest of pinon pine and juniper effort by IRS lawyers and other personnel. women who, over many decades, have covers about half the park; scrubby Much of this work was done during my first served selflessly to safeguard the maj- steppe and bare slickrock blanket the months on the job. Our goal was to provide esty of our national parks. rest. TIGTA, DOJ, and the Congressional commit- tees all of the information that they needed In commemoration of the Service’s The Arches area was first brought to to advance and ultimately complete their in- 100th anniversary, I will be visiting the the National Park Service’s attention vestigations. Mighty Five National Parks in my by an employee of a railroad company CONCLUSION home State of Utah next week. The named Frank Wadleigh. Wadleigh vis- While the allegations raised by some Mem- Mighty Five play a critical role in ited Arches at the request of a pros- bers of the House Oversight and Government Utah’s economy, driving the tourism pector, who claimed the area had high Reform Committee are serious and relate to industry by attracting millions of visi- tourist potential because of its scenic acknowledged errors made by the IRS, the tors to our State each year. Today, I views. With the support of the National

VerDate Sep 11 2014 03:11 May 27, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.038 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3273 Park Service, the area was designated Zion Canyon as a national park, mak- pleting a master of forensic sciences at a national monument in April 1929. The ing it the oldest national park in Utah. the George Washington University. park grew in popularity, and on No- Capitol Reef National Park—even Most assuredly, you don’t want to try vember 12, 1971, President Richard considering Utah’s many impressive to slip anything by Pat. Nixon signed legislation designating it national parks and monuments, it is Pat in many ways personifies the a national park. difficult to rival Capitol Reef National SSA inspector general role. He has Bryce Canyon National Park—the al- Park’s sense of expansiveness; of broad, served in this position—with distinc- pine environment of Bryce National sweeping vistas; of a tortured, twisted, tion—longer than anybody else. Pat Park is home to dozens of species of seemingly endless landscape; of limit- has been very responsive with Con- mammals and birds. Water and wind less sky and desert rock. gress; he has excelled at providing the over millions of years of freezes and While Bryce and Zion are like encap- information we need to protect SSA thaws have carved into the plateau sulated little fantasy lands of colored programs from fraud, waste, and abuse. endless fields of the park’s distinctive stone and soaring cliffs, the less-visited It would be hard to find anyone who red rock pillars, called hoodoos. By its Capitol Reef is almost like a planet has worked harder to protect the integ- very nature, Bryce Canyon National unto itself. In Capitol Reef, you get a rity of Social Security’s programs than Park invites discovery. real feel for what the earth might have Pat. Every year, Bryce Canyon awes visi- been like millions of years before life I appreciate Pat’s important work tors with spectacular geological forma- appeared, when nothing existed but with this legislative body. We wish him tions and brilliant colors. The towering earth and sky. all the very best as he moves on to pur- hoodoos, narrow fins, and natural Capitol Reef National Park is an sue what lies ahead for him and genu- bridges seem to deny all reason or ex- evocative world of spectacular colored inely appreciate the work he has done planation, leaving hikers gazing cliffs, hidden arches, massive domes, with Congress, for the Social Security around with jaws agape in wondrous in- and deep canyons. It is a place that in- Administration, and, of most impor- credulity. This surreal landscape is cludes the finest elements of Bryce and tance, for the American taxpayer. I what brings people from around the Zion Canyons in a less-crowded park. wish Pat all the very best. world to visit the park. Ephraim Portman Pectol, a member f The Park’s hoodoos and fins are of the Utah State Legislature, and his TRIBUTE TO JANE WINKLER formed when rainwater seeps into brother-in-law, Joseph Hickman, start- DYCHE cracks in the rock. The water freezes ed a promotional campaign for the Mr. MCCONNELL. Mr. President, I during Bryce’s cold nights, expanding Capitol Reef area in the early 1930s. In wish to pay tribute to a distinguished just enough to break apart the rock. 1937, President Franklin D. Roosevelt Kentuckian who is a leader in her com- The deep, narrow walls called ‘‘fins’’ named the area a national monument. munity as well as a good friend. Jane result from rain and snowmelt running Roads built to the area promoted ac- Winkler Dyche is an accomplished at- down the slopes from Bryce’s rim. cess. In December 1971, President Rich- torney in her hometown of London, Eventually the fins form holes, called ard Nixon signed an act establishing KY, as well as the master commis- windows. When the windows grow larg- Capitol Reef as a national park. sioner for the Laurel County Circuit er, they collapse and create the bizarre f Court and an active volunteer for many hoodoos we see today. local causes. The scenic areas of Bryce Canyon TRIBUTE TO PATRICK P. O’CARROLL, JR. Dyche, the daughter of educators, were first described to the Nation in originally trained as a teacher, earning Mr. HATCH. Mr. President, I rise to 1916 in magazine articles published by a degree in home economics education offer thanks and appreciation to a dedi- Union Pacific and Santa Fe railroad from the University of Kentucky. She cated public servant, Mr. Patrick P. companies. As visitations to the area worked for 13 years in food and nutri- O’Carroll, Jr., who has worked to pro- increased, those concerned about the tion across Kentucky before earning tect taxpayers and beneficiaries at the damage being done to the delicate fea- her law degree at UK. She is now in her tures lobbied for its protection. On Social Security Administration and 21st year of practicing law. June 8, 1923, Bryce Canyon was de- will soon pursue other activities. Dyche is well known in the region for clared a national monument, and on Pat O’Carroll has served the Amer- her service on the board of the Ken- February 25, 1928, it was established as ican people as the third inspector gen- tucky Bar Association, including a a national park. eral for the Social Security Adminis- stint as president. She served on the Zion National Park—carved by water tration since November 24, 2004. Man- board of the Kentucky Lawyers Mutual and time, Zion National Park is a can- aging over 600 auditors, attorneys, Insurance Company and is a dedicated yon that invites you to participate in evaluators, and investigators nation- volunteer for Kentucky Educational the very forces that created it. The wide, Mr. O’Carroll has overseen efforts Television. Dyche also works on behalf park’s canyons and mesas boast an es- to identify and prevent fraud, waste, of the Laurel County Public Library pecially exquisite beauty, even in a and abuse of SSA funds and programs. and the God’s Pantry Food Bank. State known for dramatic landscapes. In the past year alone, SSA’s OIG has Jane and her husband, Robert, have Breathtaking Zion Canyon is the cen- reported over $700 million in investiga- two children, Robert and John. They terpiece of this 147,000-acre parkland tive accomplishments through SSA re- currently practice law together in the that protects a spectacular landscape coveries, restitution, fines, settle- house that her husband grew up in, ac- of high plateaus, sheer canyons, and ments, judgments, and projected sav- companied by their office dog, Stella. monolithic cliffs. ings. Pat’s efforts have led to around I want to commend my good friend Opportunities to see and explore Zion $50 of taxpayer savings for every $1 Jane Winkler Dyche for her commit- National Park abound for people of all spent on his office. ment to her community and to Ken- ages and abilities, from the scenic by- Prior to his tenure as inspector gen- tucky. For many years, she has been a ways that slice through the park to the eral, Mr. O’Carroll held several senior devoted supporter of worthy causes and trails that wind through the positions in the inspector general’s of- a fixture in the Commonwealth’s legal backcountry. Wildlife watchers can fice, including assistant inspector gen- circles. Still an educator at heart, she stop at numerous lookouts and search eral for investigations and assistant in- continues to share her wisdom with the sky for Zion’s more than 200 bird spector general for external affairs. others every day. species. Twenty-six years of prior employment An area publication, the Times-Trib- The paintings of Zion Canyon done by the U.S. Secret Service helped pre- une, recently published a profile of by Frederick Dellenbaugh in the early pare Mr. O’Carroll for the rigors of in- Jane Winkler Dyche. I ask unanimous 1900s, along with previous photographs vestigative work at SSA. To show consent that the article be printed in of the area, led President William How- Pat’s dedication to the field, I would the RECORD. ard Taft to proclaim Zion Canyon a na- point out that he attended the Na- There being no objection, the mate- tional monument on July 31, 1909. In tional Cryptologic School at the Ken- rial was ordered to be printed in the November 1919, Congress established nedy School of Government after com- RECORD, as follows:

VerDate Sep 11 2014 04:38 May 27, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.082 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3274 CONGRESSIONAL RECORD — SENATE May 26, 2016 [From the Times-Tribune, May 15, 2016] ‘‘I grew up in a little town where there guess that kind of got me hooked on how ex- TRI-COUNTY PROFILES: LONDON ATTORNEY were some good lawyers that I admired. It citing volunteering can be.’’ CONSIDERS HERSELF AN EDUCATOR IN ALL was something I wanted to do. Once Robbie Dyche also continues to support the Exten- THINGS got an 8-year term on the Supreme Court, sion Service and Laurel County Public Li- (By Christina M. Bentley) our family had at least one steady job, and brary. She served on the Site-Based Councils that gave me the freedom to try something of both North Laurel High School and Lon- ‘‘As a lawyer, I still teach people,’’ said don Elementary School when her children Jane Winkler Dyche, Laurel County attor- new, and he was supportive in that. So I were students there. ney and master commissioner, a position in went back to UK and came home on week- ‘‘There’s just all this stuff you get a which she assists the Laurel Circuit Court in ends. It was an adventure,’’ Dyche said. She is now in her 21st year of practicing chance to do if you keep your eyes open to the enforcement of judgments. ‘‘I’m just teaching the jury, or I’m edu- law. opportunities to serve, and I think that’s in- ‘‘I love to practice law,’’ she said, ‘‘It’s cating the judge in my version of the case,’’ credibly important that we keep our eyes very interesting. I think sometimes it’s sort she said. open for those opportunities ‘‘If people want Dyche was raised by educators. Her father, of like a muscle, you know—the more you to serve, if they want to volunteer, they will Thomas Winkler, was a teacher and school use it the stronger it gets. And I think to find something. There’s something out there administrator in the Bell County School some degree our energy is the same way. If for you to do,’’ she said. System and her mother, Mildred, was a ca- you don’t exercise, you don’t feel like exer- Most recently, Dyche’s spirit of commu- reer nurse who, at the request of the Pine- cising. That’s how I start my day: do my nity service has found its outlet in God’s ville Community Hospital, started the Pine- Bible reading and do my exercises. It’s pret- Pantry Food Bank. ville School for Practical Nursing, which was ty simple.’’ ‘‘(God’s Pantry) picks back up on my inter- later absorbed into the Kentucky Commu- Dyche’s legal career has been very varied est in people who are at risk nutritionally,’’ nity College System. Both the Winklers were and has offered her opportunities to serve Dyche said. ‘‘There are hungry people here, WWII veterans—Mildred served as a nurse in her profession outside the courtroom as well. especially during the downturn in the econ- ‘‘I’ve had a chance to do a lot of different the Women’s Army Corps—and met when omy. A number of years ago, I was contacted Thomas Winkler was being repatriated from things. I practiced with a firm’’ when I first by representatives of God’s Pantry Food his service in the Army Air Corps. got out of law school ‘‘and I office-shared Bank in Lexington, and just the other day, ‘‘They were incredible people,’’ Dyche said. with a lot of more experienced lawyers be- we had a ‘Business After Hours’ at our ware- ‘‘I was very blessed to have parents who saw cause I didn’t feel like, especially with a house here in London that opened in Decem- the importance of education . . . I think family, that I needed to be by myself, so ber of 2013. Since July 1 of 2015, over 3 mil- being the child of a forward-thinking woman, there were other lawyers who were very in- lion pounds of food has been distributed from someone who actually started this hospital strumental in providing nurture to me dur- there. Last month, this warehouse distrib- nursing program . . . very little I do could ing that time’’ and I had an opportunity to uted more than the Lexington one did. I’m begin to be close to touching or hitting mile- begin serving on the Kentucky Bar Associa- all for God’s Pantry. This is an agency that stones like she did. I mean she was really tion board of governors,’’ she said. is five-star on Charity Navigator for the fifth very forward-thinking, and there was really Dyche was asked to take on the unexpired or sixth year in a row. I think that’s really the expectation of ‘you need to do the best term of a departing board member and went important that people check to see what you can do.’ They encouraged free thought on to serve as the president of the Kentucky they’re working on. You give them a dollar, and travel. They dragged us about a lot. Bar Association, shortly after her husband they’ll turn it into $10 worth of food ‘‘We’re That’s something I think—that wanderlust, retired from the Court of Appeals and the really excited that we continue to grow our the opportunity to see things, new things, two went into practice together, occupying agencies in this area.’’ it’s a huge world. I think sometimes I see as office space the house that Robert Dyche Dyche sees the common thread between all that folks’ vision is not as wide as it needs to grew up in, which he and his siblings didn’t of her activities, however, to be teaching be. It’s a big world. It’s a BIG world, and if want to part with after his parents’ death. people, and she said that is both the hardest ‘‘Robbie came here to practice law as I was we’re too quick to close our eyes or our ears, and the most satisfying part of her work, beginning my president-elect and president we’re going to miss out on so much.’’ whether it’s in the classroom or the field, duties with the KBA and he really made it Dyche herself has been very open to new the courtroom or the boardroom. opportunities in her life. Like her father, she possible for me to take the time that those ‘‘Teaching people things that they’re unfa- trained as a teacher, getting a degree in volunteer positions take because you travel miliar with and explaining that something home economics education from the Univer- statewide,’’ Dyche said. ‘‘And I had the op- may not work out well. That’s tough. That’s sity of Kentucky and going on to work for 13 portunity to meet a lot of people and to really difficult,’’ she said. ‘‘But I like the years with the Cooperative Extension Serv- preach the gospel of ethical lawyering. Also teaching bit, whether it’s teaching about ice as an area extension agent for foods and during that time, I served on the board of di- volunteer causes that benefit lots of people nutrition, a job in which her primary role rectors of the Kentucky Lawyers Mutual In- or explaining to a client a concept that is was to train others. surance Company, a mutual insurance com- new to them. I like smart clients. I like to ‘‘I was an area extension agent, which is pany formed by Kentucky lawyers to serve work with people who are interested in really different (from being a county exten- Kentucky lawyers for our professional re- learning how this happened, why this hap- sion agent),’’ Dyche said. ‘‘I eventually actu- sponsibility, or professional malpractice, in- pened, and how we go forward. We’ve been in- ally worked from Harlan to Harrison (coun- surance, and that was very interesting. The credibly blessed to get to work with a lot of ties). I had no supervisory capacity, but I things you learn!’’ interesting folks over time. So I’m still a trained. I taught people how to teach. I In addition to her service to the profession, teacher.’’ taught the paraprofessionals how to teach Dyche has also spent most of her life as a For all her work and community service, the material to the low-income families, and dedicated volunteer to a number of causes, however, Dyche still finds time to garden to do that I made home visits with every sin- beginning with Kentucky Educational Tele- and cook, and she’s a voracious reader. She gle one of the assistants I taught twice a vision. also teaches mahjong to a group every week year, so I went in the homes with them . . . ‘‘(KET) was really my first big volunteer at the Laurel County Public Library. I think that’s where we’re losing things now. activity as a young bride coming to London, Hers is a busy life, but she said she feels a I think that there aren’t enough people will- Kentucky,’’ she said. ‘‘Leonard Press, who responsibility to keep it that way. ing to say, ‘Okay, if you want to change, how actually started KET, knew my father ‘‘I think if God has blessed us—and I think do we help you do that? Tell us what we through Daddy’s work with the school sys- God has blessed almost everyone—I think we need.’ How do we make that happen? You tem. He could see how public television, es- in turn have the opportunity to give back,’’ can’t do it by just giving people stuff. We’ve pecially educational television, could reach Dyche said. ‘‘God gives us all the same num- got to help people do with what they have.’’ into the hills and hollows of southeastern ber of hours in a day. It’s how we choose to She met her husband, London native and Kentucky because it was such a challenge to use them.’’ fellow attorney Robert Dyche, during her bring educational material to people who work with the Extension Service, and said really needed it, and it was during the time f that that’s how she made her way to London. in the ’60s of (the Work Experience and REMEMBERING CLARISSA ‘‘T.C.’’ The couple have two children, Robert, who Training Program). KET could bring edu- FREEMAN has an undergraduate degree from Centre cational programs in where others could not, College and an MBA from the University of and my fascination with that program and Mr. MCCONNELL. Mr. President, I Cincinnati and now works in Atlanta, and with the television programs that were of- wish to pay tribute to a distinguished John, who is a 2016 graduate of Georgetown fered ‘‘caught my eye as a young adult when Kentuckian who was a passionate advo- College. The elder Robert Dyche is a former they were looking for volunteers here in cate for and supporter of our Nation’s district court judge and also served on the southeastern Kentucky. I had an opportunity military, especially the troops sta- Court of Appeals. She said the law was some- to work for many years as a very active vol- thing she, too, had always been interested in, unteer with them’’ I did a lot of Friends of tioned at Kentucky’s Fort Campbell so she took advantage of the opportunity KET activities and was president of that and in the neighboring community of granted her by the Extension Service to take board and then served on their foundation Hopkinsville, KY. Clarissa ‘‘T.C.’’ Free- study leave in 1992. board for a number of years as well, so I man, a woman so devoted to our men

VerDate Sep 11 2014 04:38 May 27, 2016 Jkt 059060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.072 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3275 and women in uniform that one chap- [From the Kentucky New Era, May 20, 2016] ‘‘The first Army family I took care of was ter of the Association of the United T.C. FREEMAN, TIRELESS FORT CAMPBELL mine,’’ she said. States Army, AUSA, named an award ADVOCATE, DIES Freeman first became involved as an AUSA volunteer at Fort Hood, Texas, as a young after her, sadly passed away on May 19. (By Andrew Oppmann) Army wife. She was 83 years old. Clarissa ‘‘T.C.’’ Freeman, known and hon- She told an Army journalist that when her Freeman understood the importance ored by generals and privates alike as Fort husband returned from his first tour of duty of the men and women stationed at Campbell’s Mom for her devoted service and in Vietnam, she was disappointed and sad- Fort Campbell and worked diligently advocacy of the U.S. Army, died at 7 a.m. dened by the reception he received. She Thursday at Jennie Stuart Medical Center to ensure that these servicemembers vowed to do something about it. after a long illness. She was 83. ‘‘They didn’t understand how important and her community got the recognition One of Kentucky’s civilian aides to the sec- they deserved. Freeman was one of our Army was,’’ she said in a 2009 article. ‘‘I retary of the Army since 2008, Freeman bat- always feel the need to give something back Kentucky’s civilian aides to the Sec- tled pulmonary fibrosis for more than five to our soldiers and to their families.’’ retary of the Army since 2008, holding years. However, despite the debilitating ef- And give back she did. She was involved in a ceremonial rank equal to a lieuten- fects of the disease, her service to Fort taking care of wounded soldiers. She planned ant general. However, her contribu- Campbell rarely slowed. welcome-home events. She tackled granular tions to our servicemembers began Her husband, retired Army Col. Bobby issues that troubled Army families, such as Freeman, was a former garrison commander ID card and housing problems. long before that. at Fort Campbell. She first became involved as an She hosted luncheons, consoled families in Funeral services will be at 3 p.m. Sunday their grief and, as a champion of Fort Camp- AUSA volunteer as a young Army wife at First United Methodist Church, Hopkins- bell, was a fierce advocate for funding of the in Fort Hood, TX, welcoming her hus- ville, and burial will be at 1 p.m. Monday at post that straddles the Kentucky and Ten- band back home from his first tour of Kentucky Veterans Cemetery-West. Visita- nessee borders. duty in Vietnam. Freeman felt her hus- tion will be from 4 until 8 p.m. Saturday at Cody, quoted by The Eagle Post in a 2013 band and others returning from Viet- Hughart, Beard and Giles Funeral Home, article on the AUSA award named in her Hopkinsville, and from 2 p.m. until the fu- nam did not get the recognition and honor, said Freeman was diligent to greet neral hour at the church. soldiers as they returned or departed for appreciation they deserved. T.C. was As a civilian aide to the Army secretary, right about this, as she was about so duty overseas. Freeman held the ceremonial rank equal to a She would look around for a soldier who many other important issues con- lieutenant general. She used her status as a had no one waiting for him or her and would cerning our Nation’s servicemembers. platform to call attention to the service and give him or her a hug and a thank you. She decided to do something about it sacrifice of the soldiers of the 101st Airborne ‘‘When they (the soldier’s family) can’t, I personally. She took care of wounded Division (Air Assault). stand in for them,’’ she said. Hopkinsville Mayor Carter Hendricks soldiers. She coordinated welcome- Maj. Gen. Jim Myles, at a 2009 ceremony knew Freeman as a ‘‘tireless, tenacious and covered by Army journalists, called Freeman home events. She advocated on behalf caring advocate’’ for Fort Campbell. of Army families on housing and qual- ‘‘a national treasure and a hero.’’ At welcome-home ceremonies, Freeman When she was a VIP or special guest at an ity-of-life issues that affected them. often was seen handing off her cell phone to event, Myles said she would always divert The Freemans moved to Hopkinsville a young soldier who didn’t have family the spotlight to the soldiers. and took up the cause of soldiers at present but wanted to call home. ‘‘I’ve watched CASAs like T.C. make a dif- Fort Campbell after T.C.’s husband, Freeman was on a Chamber of Commerce ference in soldiers’ lives in ways green- committee that hired Hendricks to be the Army COL Bobby Freeman, was named suiters couldn’t do,’’ he said. military affairs director in 2004. She became Cody, in the 2013 article, recalled how garrison commander at Fort Campbell. a dear friend and supporter, he said. T.C. Freeman’s support for the 101st Freeman ‘‘wrapped her arms around this No task was too small for Freeman, and great division’’ after 248 soldiers from the Airborne Division, headquartered at she always followed through on her prom- 101st died in air crash at Gander, Newfound- Fort Campbell, was crucial throughout ises, the mayor said. land, while returning from a peacekeeping U.S. Sen. Mitch McConnell, R-Ky., said, the years, especially in 1985 when 248 mission shortly before Christmas in 1985. soldiers died in an air crash in New- ‘‘T.C. understood the importance of the men The Freemans moved to Hopkinsville when and women stationed at the Kentucky (post) foundland while returning from a Col. Freeman was named garrison com- and worked diligently to ensure that these mander at Fort Campbell. They remained peacekeeping mission. service members and her community got the In 2009, Freeman was among the first there after he retired from the Army. recognition they deserved.’’ Freeman’s passion for the soldiers of Fort At a 2013 ceremony honoring Freeman, re- nine honored as a ‘‘champion’’ of Fort Campbell never ceased, even as her illness tired Gen. Richard A. Cody, former post and Campbell and saw her portrait in- limited her mobility in recent months. She division commander, said, ‘‘T.C. was an stalled in the division’s headquarters was active on social media and often sent Army wife and Army mom and a model for building. She served as chapter presi- out messages of support to the division while everyone here. She made a difference in the dent and board member of the Ten- on bed rest. life of me and my family.’’ ‘‘There is a lot that can be done to help our nessee-Kentucky chapter of AUSA. She In 2009, Freeman and her husband were soldiers,’’ she told the Army journalist in was also an honorary member of the among the first nine honored as Champions 2009. ‘‘There are no boundaries to what good- 327th Infantry Regiment and the 160th of Fort Campbell, and their portraits were ness one can contribute for the benefit of the installed on a wall inside the division’s head- Special Operations Aviation regiments soldiers.’’ and a distinguished member of the quarters building. 502nd and 187th Infantry regiments. She was a life member of the Association f T.C. and her husband, Bobby, raised of the United States Army, serving as a re- TRIBUTE TO DR. HOUSHANG gional president, as well as chapter president KHORRAM two sons who served in the Persian and board member of the Tennessee-Ken- Gulf and a daughter who was an Army tucky chapter. The chapter in 2013 named a Mr. MCCONNELL. Mr. President, I wife. Elaine and I want to send our brigade-level award for membership partici- wish to congratulate a distinguished condolences to the Freeman family and pation in her honor. Kentuckian who is an accomplished to the many who knew and loved T.C. Freeman worked as an aide to former U.S. doctor and who works to save lives and I am grateful for the long friendship I Sen. Jim Bunning and current U.S. Rep. Ed heal the sick in eastern Kentucky. Dr. had with her, and I know she will be Whitfield and was a member of the Kentucky Military Affairs Commission. Houshang Khorram practiced as a pedi- deeply missed—especially by the brave She was an honorary member of the 327th atrician for 50 years at Appalachian servicemembers she worked so hard to Infantry Regiment and the 160th Special Op- Regional Healthcare in Middlesboro, support and their families. erations Aviation regiments a distinguished KY, and he retired this past January An area publication, the Kentucky member of the 502nd and 187th Infantry regi- after his five decades of service. New Era, recently published an article ments. Dr. Khorram originally studied medi- detailing T.C. Freeman’s legacy. I ask As the wife of a decorated Vietnam avi- cine in Iran, attending the Shiraz Med- unanimous consent that the article be ator, and mother to two sons who served in ical Science University. He knew from the Persian Gulf and a daughter who was an printed in the RECORD. Army wife, Freeman told an Army inter- the beginning of his medical career There being no objection, the mate- viewer in 2009 that she knew what other that he wanted to specialize in pediat- rial was ordered to be printed in the spouses were going through when their hus- rics. After taking pediatrics specialty RECORD, as follows: bands and wives were deployed. classes in Iran, he came to America;

VerDate Sep 11 2014 04:38 May 27, 2016 Jkt 059060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.097 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3276 CONGRESSIONAL RECORD — SENATE May 26, 2016 first to Baltimore, MD, and then, in He enjoys hiking and reading pediatrics joyed hosting friends at the summer 1965, to Kentucky. He has been a proud books in his free time. Since retirement, he cottage on Lake Mendota built by his resident of the Bluegrass State ever is looking forward to having time to spend grandfather, and in fact, it was there with his grandchildren. that Sumner held Russ Feingold’s first since. Khorram has been married to his wife Toby In his time at Appalachian Regional for 54 years. He acknowledges her sacrifices fundraiser for the 1982 State senate Healthcare, Dr. Khorram served as and support that have allowed him to be a campaign. chief of the pediatric department, chief doctor. Together they have two children. In 1992, after 10 years in the Wis- consin Legislature, Russ ran for the of medical staff, and president of the f board of directors at the Daniel Boone U.S. Senate. Sumner was there with Clinic. In his time as a physician, he REMEMBERING SUMNER SLICHTER his boss, playing an important stra- has seen many advances in medical Mr. REID. Mr. President, I was sad- tegic role on the campaign. Many Wis- technology and implemented them in dened to learn that Sumner Slichter, consinites still remember the funny, his practice. who for three decades was the chief light-hearted campaign ads that Fein- I want to congratulate Dr. Khorram policy adviser to former Wisconsin and gold ran in that campaign. Sumner was for his five decades of service at the top U.S. Senator Russ Feingold, died May one of the campaign staffers who craft- of the medical field and wish him well 16 in his home in Alexandria, VA, after ed those unforgettable ads. upon the occasion of his retirement. I a battle with brain cancer. He was 62 When Russ was elected to the U.S. know he will have as much success in years old. Senate, Sumner and Pam relocated to whatever endeavor he chooses next as Sumner Pence Slichter was born Au- northern Virginia where, on the day he has had in his chosen field. I am gust 31, 1953, in Urbana, IL, to Nini after they arrived, their daughter sure his wife, Toby, and their two chil- Almy and Charles Slichter. He was the Sarah was born. dren are very proud of him, and Ken- oldest of four children and is remem- Sumner worked for Russ in the U.S. tucky is glad to have benefitted from bered as being a kind and loving older Capitol for 18 years. He was Russ’s pol- his work and service. brother to his younger siblings. icy director and helped shaped Senator An area publication, the Middlesboro As a student attending Dr. Howard Feingold’s progressive legacy. Think Daily News, recently published an arti- Elementary, Edison Junior High about some of the courageous acts that cle highlighting Dr. Khorram’s life and School, and Champaign Central High defined Senator Feingold’s work in the career. I ask unanimous consent that School, Sumner played viola in the Senate: the McCain-Feingold Bipar- the article be printed in the RECORD. school orchestra. He left for the Uni- tisan Campaign Reform Act, his votes There being no objection, the mate- versity of Wisconsin-Madison in 1970, against the Defense of Marriage Act, rial was ordered to be printed in the where he majored in mathematics. the Iraq war, and the sole nay vote RECORD, as follows: Sumner continued to play viola in stu- against U.S.A. Patriot Act. For each of [From the Middlesboro Daily News, Feb. 12, dent ensembles and the UW orchestra, those votes and bills, Sumner was right 2016] where he sat first chair. there alongside Russ, counseling and DECADES OF DEDICATION At the age of 19, Sumner began what helping in any way he could. He also (By Kelsey Gerhardt) would ultimately be a long and rich ca- helped Feingold author a resolution to Appalachian Regional Healthcare in reer in politics. His first job was on Ed censure President George W. Bush. It is Middlesboro is a place where lives are saved, Muskie’s 1972 Presidential campaign. no wonder that Russ said of his friend, babies are born and broken bones are set. Dr. Later that year, he worked as an as- ‘‘Sumner was at my side for every vote Houshang Khorram has seen it all in his 50 sistant at the Democratic National I took in 28 years as a legislator, and I years as a pediatrician. didn’t vote until I sought his wise Committee convention in Miami Khorram’s story starts during his time as counsel.’’ Beach. From there, Sumner worked for a student at Shiraz Medical Science Univer- It is one thing to do good work for sity in Iran. campaigns and offices of State rep- your boss, but it is another thing to ‘‘I loved kids. I’ve always loved kids and resentatives in Illinois, Pennsylvania, that’s how I knew what I wanted to do,’’ said treat your peers and colleagues with and Wisconsin. dignity, respect, and affection. Sumner Khorram. In 1981, an encounter would forever He completed his pediatrics specialty was a great mentor and friend to his classes in Iran and came to America to work change Sumner’s life. That year he met fellow staffers. Former Feingold chief at Johns Hopkins Hospital in Baltimore, a Milwaukee lawyer named Russ Fein- of staff Mary Irvine remembers, ‘‘It Maryland for a couple of years. gold. At that time, Russ Feingold was was quite a thing really how many In 1965, Khorram started working for the working as a Democratic Party counsel issues Sumner worked on . . . A great ARH in Floyd County, Kentucky and moved on a close recall election. Sumner to the Middlesboro ARH five years later. He solo player and an awesome team play- helped convince his new friend to chal- er. He must have spent hours and hours has lived and worked in Middlesboro ever lenge an incumbent for the 27th dis- since. on the Senate floor on any number of ‘‘Actually, I came here to live for just six trict State Senate seat. Feingold won issues but was always on duty for the months, but I’m still here. I love the people the election in 1982, and Sumner fol- entire lengthy budget resolution votes. and I love the area and I love nature so there lowed him to the State capital. Sumner Sumner was an amazing expert on the are a lot of things that have kept me here,’’ and Russ would spend the next three Senate budget process and on par- said Khorram. decades working side-by-side in Madi- He has seen many advances in the medical liamentary procedure. He was a great son and Washington, DC. political mind—there was no issue that field, including technology and equipment Working in the Wisconsin State Sen- which he believes have not only benefited pe- Sumner couldn’t figure out and explain diatrics, but the way in which doctors are ate, Sumner helped design Feingold’s to the rest of us.’’ able to care for patients. trademark progressive initiatives that Outside of the Capitol, Sumner loved ‘‘So much that we have now, we didn’t focused on the aging, consumer-focused to cook for his friends and family. He have it 10 or even 20 years ago. CT scans, banking policies, budget discipline, and was a movie buff who had a penchant MRI’s, sonograms have helped a lot and now tax policy. for remembering lines, music, actors, it’s easier to make a diagnosis and it’s more It was during his time in the State and directors. He never lost his love of reliable,’’ said Khorram. capitol that Sumner met Pam Russell, Khorram retired from ARH on January 1 music and was always quick to respond and received a special award for his time. who was working as a legislative attor- to a danceable song. Throughout his decades at ARH, Khorram ney. They were married in 1990. From his Madison days, Sumner served as the chief of the Pediatric Depart- While they lived in Madison, Sumner brought annual Nixon Resignation and ment, chief of Medical Staff and the presi- had a thriving social life. He was a Derby Day parties and camping tradi- dent of the board of directors at the Daniel member of a city intramural league tions to his family and friends in the Boone Clinic. softball team, the Soft Balls, and he D.C. Area. He had a deep love of dogs If given the opportunity to start all over and his friends and teammates often again, he undoubtedly would. and was very attached to his pets. ‘‘I encourage my kids to go into the med- took advantage of Wisconsin’s beau- Sumner Slichter’s passing is a loss ical field. It’s a great place to be and I would tiful State parks, going on annual for all of us here in the Senate. We go back, go again to medical school if I camping trips to Governor Dodge and grew accustomed to seeing his smiling could,’’ laughed Khorram. Rock Island, among others. Sumner en- face right at this boss’s side.

VerDate Sep 11 2014 04:38 May 27, 2016 Jkt 059060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.094 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3277 I, along with the entire U.S. Senate, disease is between $1 million to $10 mil- fire hydrant out of the ground in one send our condolences to his family. lion, not to mention the considerable place and moving it someplace else to Sumner is survived by his wife, Pam emotional toll of this disease on fami- fight a different fire.’’ Russell, of Alexandria, VA; daughter lies. This Ebola money that was moved Sarah of Poughkeepsie, NY; mother Sadly, it doesn’t take many cases of was the CDC’s funds for the next 2 fis- Nini Almy of Mitchellville, MD; father microcephaly to begin costing us more cal years, funds that are to be used to Charles Slichter and stepmother Anne financially than the paltry amount build a frontline defense for our own Slichter of Champaign, IL; brother Bill House Republicans are committing to country. It invests in the public health of Minneapolis and his wife Helen; fight Zika. capacity of partner nations, so we brother Jacob of Brooklyn, NY, and his But Zika doesn’t just cause aren’t waiting for local outbreaks to wife Suzanne; sister Ann of Los Ange- microcephaly. It is also linked to other hit our shores as global epidemics. les; half-brother Daniel of Boulder, CO, neurological diseases that aggressively These ‘‘leftover’’ funds are being used and his wife Yolanda; and half-brother destroy brain tissue. It is also linked to to develop and test vaccine candidates David of Binghamton, NY. Guillain-Bare syndrome, an auto- for Ebola, and late-stage clinical trials I say to his family: Thank you for immune disorder than can cause paral- are moving forward, but they need sharing Sumner with us over the years. ysis and death. those funds to continue validating Thank you for allowing his bright and What about the impact of maternal these vaccines. radiant personality to shine on us. He stress on a baby? I cannot imagine the Now House Republicans want to will be greatly missed. anxiety that pregnant women, espe- drain these Ebola funds again. f cially those in the southern part of this We already know what happens when ZIKA SUPPLEMENTAL FUNDING country and in Puerto Rico, must feel we have to take money from one place right now. Well, through genetics and in the public health budget and move it Mr. DURBIN. Mr. President, last neuroscience, we know for a fact that a elsewhere. State and local health de- week, the Senate approved a com- mother’s stress during pregnancy can partments lost $44 million in CDC pre- promise deal negotiated by Senators shape her child’s gene expression, lead- paredness grants earlier this year be- Blunt, Murray, and others to provide ing to poor birth outcomes and psycho- cause of a reprogramming of funds that $1.1 billion in emergency supplemental logical and physical disorders. were moved to high-risk Zika States. Zika funding. If you call yourself pro-life, why Illinois lost $2 million in total. A re- The White House, Dr. Frieden of the would you not want to do everything cent survey of State health depart- Centers for Disease Control, CDC, and you can to protect these babies from ments said that this $44 million cut Dr. Collins of the National Institute of being subjected to elevated risk for se- will result in staffing reductions and Health, NIH, told us they needed $1.9 rious birth defects? could hamper Zika preparations by billion to fight this public health cri- This is a train we have seen coming forcing a reduction in laboratory serv- sis, but the Republican caucus dis- for miles and miles, and Republicans ices and epidemiological activities. So agreed with these infectious disease ex- are refusing to step out of the way. to be clear, States at lower risk for perts. I am not sure why Republicans do not It is bad enough that House and Sen- Zika, like Illinois, lost money to believe the world’s best scientists and ate Republicans are refusing to provide States at higher risk like Mississippi, health officials when they articulate a the funding our health experts say is Texas, and Florida. And this cut will clear, comprehensive plan to stop Zika. necessary to fight this disease, but now mean that Illinois and other States Perhaps they do not appreciate the se- House Republicans are insisting on cut- that lost money are now less prepared verity of this public health threat? ting Ebola funding to do it. for Zika. When we were faced with cases of Last week, the House passed a par- Public health preparedness is not Ebola within the United States, we re- tisan bill that would have provided a done with a wave of a magic wand. It acted swiftly and decisively. We funded mere $622 million to fight Zika. That is requires steady investments in people, 87 percent, $5.4 billion, of the adminis- a third of what the experts say they lab testing, and epidemiology and dedi- tration’s request in a total of just 38 need, and they offset the costs by raid- cated research and clinical trials. days. ing Ebola money. We did not require our Ebola, H1N1, Well, now the same number of people House Appropriations Chairman HAL or avian influenza supplementals to be in the U.S. and U.S. territories have ROGERS called it ‘‘excess funding left offset, and we certainly should not died from Ebola, as have from Zika— over from the Ebola outbreak.’’ That begin down that dangerous path now. one. couldn’t be further from the truth. As with our response to Ebola here in Yet more than 91 days past the date I recently spoke with the CDC Direc- the U.S., proven public health proto- of the formal Zika request, we are de- tor Tom Frieden who told me some cols will work against Zika, but we bating between just 33 percent, as the troubling news. Last month, there was need to listen to the experts and fund House approved, and 58 percent of this another cluster of Ebola cases in West the needed response. request? I fear my Republican col- Africa, about a dozen new cases. What That means we cannot wait any leagues are underestimating the threat they have now found is that the Ebola longer to pass an emergency Zika fund- from the Zika virus on our Nation’s virus can stay in a man’s system for up ing supplemental. pregnant women. to 1 year, allowing it to be spread to Some Republicans have said this We know that Zika causes others. money can wait until October 1 when microcephaly, a devastating and tragic Ebola may not be front page news in our new fiscal year starts. Do you birth defect that causes babies to be the United States right now, but that think mosquitos know when the new born with serious neurological com- is largely because our CDC disease de- fiscal year begins and will wait to buzz plications. tectives are on the ground in West Af- and bite until then? And it seems that every day we are rica, nearly 100 of them, fighting to This weekend is Memorial Day week- learning something worse. Just yester- contain its spread. end. I don’t know about you, but in my day, a CDC and Harvard University If we keep stealing the funding that hometown and across Illinois that study found that pregnant women who enables them to do their job, Ebola means people will be outside and hav- are infected with Zika in their first tri- could soon again be front page news. ing barbecues. Then comes the Fourth mester face up to a 13 percent chance Since Republicans have been drag- of July and, soon after, Labor Day of their baby being born with ging their feet on Zika funding, the weekend. microcephaly. White House was forced, as a last ditch, We do not have time to wait around. We also know that the CDC is cur- stop-gap requirement, to transfer $510 We need to approve the Senate’s Zika rently monitoring nearly 300 pregnant million away from the Ebola response supplemental as a down payment, and women in the United States who have to fund the immediate response needs we need to send it to the President’s the Zika virus. for Zika. desk this week. The CDC estimates that the lifetime As the White House’s Ebola czar, Ron Over 1,380 people across 44 States, costs for a baby born with this tragic Klain, said last week, ‘‘we are taking a Washington DC, and 3 U.S. territories,

VerDate Sep 11 2014 04:38 May 27, 2016 Jkt 059060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.069 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3278 CONGRESSIONAL RECORD — SENATE May 26, 2016 including over 279 pregnant women, strong regulations to prevent for-profit 100TH ANNIVERSARY OF THE have contracted Zika. colleges that receive Federal funds EASTER RISING To my Republican colleagues, I from using mandatory arbitration Mr. LEAHY. Mr. President, last would say: stop playing games, support clauses, and I have called out for-profit week, the Senate unanimously adopted our States and Federal health officials, colleges that use these clauses. a resolution to commemorate the 100th approve the money, and send it to the anniversary of a crucial milestone in President’s desk. We cannot wait any On April 13, I came to the Senate the history of Ireland, the 1916 Easter longer. Pregnant women cannot wait floor and mentioned three names of Rising rebellion. As a son of Ireland any longer. schools that use these clauses: DeVry, through my father’s ancestors, I am f the University of Phoenix, and ITT Tech. Lo and behold, two of these three proud to reflect on this important mo- MANDATORY ARBITRATION for-profit schools—DeVry and the Apol- ment in Ireland’s long march to inde- CLAUSES IN FOR-PROFIT COL- lo Education Group, which owns the pendence. LEGE ENROLLMENT AGREE- University of Phoenix—have now made The relationship between the United MENTS commitments to stop requiring their States and Ireland is long, it is strong, it is enduring, and it cannot be under- Mr. DURBIN. Mr. President, I have students to submit to mandatory arbi- stated. As President Kennedy once said not been shy about coming to the Sen- tration. Apollo made their announce- in a speech before Ireland’s Par- ate floor to voice my concerns about ment last week, and DeVry officials the for-profit college industry. This is liament, ‘‘No people ever believed more told my staff that they discontinued deeply in the cause of Irish freedom an industry that enrolls 10 percent of the use of these clauses a few weeks college students, collects 20 percent of than the people of the United States.’’ ago, on May 13. Federal student aid, and accounts for Both the United States and Ireland over 40 percent of student loan de- This is good news. These actions re- have histories rooted in a common set faults. This industry has a terrible flect the growing consensus outside of ideals and goals, and we share simi- track record; yet it continues to col- and inside the for-profit industry that lar principles and beliefs in freedom. A lect billions each year in Federal fund- mandatory arbitration has no place in marker of the influence of the United ing. If there ever was an industry that higher education enrollment. Also, the States is the fact that our Nation is needed to face accountability, it is the decisions by Apollo and DeVry reaffirm the only foreign country named in the for-profit college industry. But for- that the Department of Education is on 1916 Proclamation of the Republic, profit colleges have long avoided ac- the right track in reining in manda- which proclaimed Ireland’s independ- countability to their students and to tory arbitration. The Department ence. regulators through the use of manda- should finish the job by issuing rules My relatives on my father’s side be- tory arbitration clauses. that end this practice among all lieved strongly in the promises of op- For years, mandatory arbitration schools that receive Federal dollars. portunity in the United States when clauses have been buried in the fine they emigrated here in the mid-1800s. print of student enrollment agreements Now, one note of caution—the devil Marcelle and I have visited Ireland and at for-profit schools. Students usually is in the details when it comes to arbi- met distant relatives who live there didn’t even know that, by signing these tration clauses. I have heard promises still. It is easy to see and feel the agreements, they were giving up their before from education companies to strong connections between our two right to a day in court if the school’s end mandatory arbitration, only to see countries. misbehavior caused the students harm. those companies add new fine print Last week’s centennial anniversary Mandatory arbitration clauses mean, that finds other ways to block stu- of the Easter Rising, commemorated for example, that, if a student is misled dents’ access to court. I will be care- on both sides of the Atlantic, recalls a or deceived by a school’s advertising fully checking the fine print of the new turning point in Ireland’s history. The and goes into debt as a result, the stu- enrollment agreements to make sure influences of freedom, dignity, and dent can’t take the school to court. In- these schools are not imposing new, prosperity in America that motivated stead, the student is forced into a se- more subtle restrictions on their stu- many of the leaders of that rebellion cret arbitration proceeding where the dents’ access to court. If the fine print 100 years ago are worth fighting to pre- playing field is tilted against the stu- does reflect their commitment, I be- serve and nurture here in the United dent’s interests. lieve Apollo and DeVry deserve credit, States today. Like so many lessons of Mandatory arbitration clauses allow but they still have a long way to go to the past, the Easter Rising is a mo- schools to avoid accountability to their improve student outcomes and prove ment to reflect on our own freedoms students—and the secrecy of arbitra- they are going to dump the old for- and our own march toward perfecting tion proceedings means that mis- profit college playbook. our own Union. conduct stays hidden from the atten- tion of regulators. Mandatory arbitra- ITT Tech, the spotlight is now on f you. ITT Tech’s executives have de- tion clauses are not used by legitimate TRIBUTE TO RUBY PAONE nonprofit colleges, either public or pri- manded their own day in court to re- vate. But these clauses were widely spond to investigations and allegations Mr. LEAHY. Mr. President, I may be used among for-profit colleges—includ- of misconduct that were brought by dating myself when I say this, but I re- ing Corinthian, the now bankrupt for- regulatory agencies. At the same time, member when Ruby Paone started profit college which for years lied to its ITT Tech has continued to force its work here as a fresh graduate from St. students and to regulators about its job own students into mandatory arbitra- Andrews University. That was April of placement rates and other data. tion. ITT Tech and all for-profit col- 1975, just a few months after I began There is a growing recognition that leges should put an end to this practice my own tenure here in the Senate, and mandatory arbitration has helped hide of mandatory arbitration. They should for more than 41 years, she has served misconduct in the for-profit college in- join the growing consensus against in the U.S. Senate as a public servant of the highest caliber. Ruby is a re- dustry. Also, because these clauses pre- these clauses that is reflected in the markable woman. Throughout her Sen- vent students from seeking meaningful views of the Department of Education, ate experience, she has befriended fu- relief in court from the schools that student groups, veterans groups, civil ture Presidents and legendary legisla- wronged them, students have had to rights groups, consumer groups, and tors. The Senate permeates her family. seek relief from the Federal Govern- now even some of the largest for-profit She and her husband, longtime Senate ment for their student loan debt. This colleges. means that taxpayers are on the hook aide and now adviser to President for helping these victimized students, It is time to stand up for account- Obama, Marty Paone, have raised three instead of the for-profit colleges that ability and for putting students first. wonderful children. harmed them. It is time to end mandatory arbitration Ruby is from the small town of I have joined my colleagues in urging clauses in the for-profit college indus- Bladenboro, NC, and she brings the the Department of Education to issue try once and for all. very best of small towns to this often

VerDate Sep 11 2014 04:38 May 27, 2016 Jkt 059060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.077 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3279 chaotic city. In true smalltown fash- Paone to hear the words of congratulation ments to those limits, while sections ion, she knows everyone, never forgets and she was there to see the chamber burst 302 and 314(a) of the Congressional a name or a face, and has a smile and into applause. It may have been the best Budget Act of 1974 allow the chairman a kind remark for everyone she sees. I thing done in that Chamber all year. of the Budget Committee to establish have often said that Senators are mere- As Senator REID noted yesterday, and make revisions to allocations, ag- ly constitutional impediments to their Ruby has been here for seven different gregates, and levels consistent with staff, and the same can surely be said Presidential administrations, 10 con- those adjustments. secutive inaugurations, 16 different for Ruby. Her steadfast service and On May 19, 2016, the Senate agreed to collegiality are part of what makes the Sergeants-at-Arms, and 383 different Senators. Ruby’s husband, Marty, who Senate amendment No. 3900, filed by Senate work. Ruby, thank you for all Senator BLUNT. This amendment pro- that you have done for the Senate, and currently serves as deputy assistant to the President for legislative affairs, vides funding to combat the Zika virus. we wish you the best in retirement. The amendment would increase budget Mr. CARDIN. Mr. President, as I have served as the Democratic secretary authority by $1,098 million in fiscal said previously, there are many people longer than anyone else in the history year 2016 and increase outlays by $147 who work behind the scenes to help the of the Senate. He worked in the Senate million and $508 million in fiscal year Senate function. We tend to take them for 32 years overall, so he and Ruby 2016 and fiscal year 2017, respectively. for granted, but we shouldn’t. I would have devoted nearly three-quarters of a The amendment includes language that like to take this opportunity to ac- century to this institution. Is there would designate its spending as emer- knowledge one such Senate staffer, any other family so committed to serv- gency pursuant to section Deputy Director of Doorkeepers Ruby ice in the U.S. Senate? I doubt it. But 251(b)(2)(A)(i) of the Balanced Budget Paone, who is retiring after more than the family’s service is not ending with and Deficit Control Act of 1985. The in- 41 of steadfast service to the U.S. Sen- Ruby’s retirement, fortunately. Ruby clusion of these designations makes ate and to our Nation. Everyone knows and Marty’s daughter, Stephanie, this spending eligible for an adjust- and loves Ruby, who has been here works in the Democratic cloakroom ment under the Congressional Budget longer than any U.S. Senator currently and their son, Tommy, works at the Act. serving, except for our esteemed col- Senate appointments desk. They league, the senior Senator from proudly and ably carry on the Paone As a result, I am increasing the budg- Vermont. family tradition of outstanding Senate etary aggregate for fiscal year 2016 by Ruby Paone, one of Lena and Wilbur service. $1,098 million in budget authority and Smith’s five children, grew up on a I believe the U.S. Senate—Senators $147 million in outlays. I am increasing farm in Bladenboro, NC, where she and staff—is a big family. Like any the budgetary aggregate for fiscal year spent her summers pulling peanuts and family, we certainly have our disagree- 2017 by $508 million in outlays. Further, harvesting tobacco. She graduated ments. But I am sure we can all agree I am revising the budget authority and from St. Andrew’s University and then that Ruby Paone has been a cherished outlay allocations to the Appropria- came to Washington, DC. On March 17, member of the Senate family for over tions Committee by $1,098 million in 1975, she started working in the Senate four decades, and we will miss her here. revised nonsecurity budget authority as a card desk attendant. Then she be- But we take solace in knowing that she and $147 million in outlays for fiscal came a reception room attendant and is leaving so she can spend more time year 2016 and by $508 million in outlays steadily worked her way up to her with her most important family—her in fiscal year 2017. present position. Along the way, she husband, Marty, and their children I ask unanimous consent that the ac- met another Senate staffer, Marty Alexander, Stephanie, and Tommie. We companying tables, which provide de- Paone. The two of them starting dat- have been so fortunate to have Ruby in tails about the adjustment, be printed ing, and then they were married in the Senate family for the past 41-plus in the RECORD. years. The American people are so for- 1983. The Washington Post reported at There being no objection, the mate- the time: tunate to have talented and dedicated public servants like Ruby and Marty rial was ordered to be printed in the Senator Robert Byrd paused in the debate RECORD, as follows: to inform his colleagues that Ruby Grey and Stephanie and Tommy Paone. I Smith, who has worked in the Senate Recep- know the entire Senate joins me in REVISION TO BUDGETARY AGGREGATES tion Room for the last eight years, had mar- thanking Ruby for her service and (Pursuant to Section 311 of the Congressional Budget Act of 1974 and S. ried Marty Patrick Paone, a member of the wishing her and her family the very Con. Res. 11, the Concurrent Resolution on the Budget for Fiscal Year 2016) floor staff of the Democratic Policy Com- best. mittee. Byrd observed that with all the bur- $s in millions 2016 dens of the Senate, the marriage shows that f Current Spending Aggregates: ‘every cloud does have a silver lining.’ Quick BUDGETARY REVISIONS Budget Authority ...... 3,069,829 to agree with the minority leader, Majority Mr. ENZI. Mr. President, section 251 Outlays ...... 3,091,246 Leader Howard Baker rose to add his con- Adjustments: of the Balanced Budget and Emergency Budget Authority ...... 1,098 gratulations, remembering that on the wed- Outlays ...... 147 ding day the press of Senate business almost Deficit Control Act of 1985 establishes Revised Spending Aggregates: interfered with the wedding hour. Sen. How- statutory limits on discretionary Budget Authority ...... 3,070,927 Outlays ...... 3,091,393 ard Metzenbaum rushed out to get Mrs. spending and allows for various adjust- REVISION TO SPENDING ALLOCATION TO THE COMMITTEE ON APPROPRIATIONS FOR FISCAL YEAR 2016 (Pursuant to Sections 302 and 314(a) of the Congressional Budget Act of 1974)

$s in millions 2016

Current Allocation *: Revised Security Discretionary Budget Authority ...... 548,091 Revised Nonsecurity Category Discretionary Budget Authority ...... 527,857 General Purpose Outlays ...... 1,173,067 Adjustments: Revised Security Discretionary Budget Authority ...... 0 Revised Nonsecurity Category Discretionary Budget Authority ...... 1,098 General Purpose Outlays ...... 147 Revised Allocation *: Revised Security Discretionary Budget Authority ...... 548,091 Revised Nonsecurity Category Discretionary Budget Authority ...... 528,955 General Purpose Outlays ...... 1,173,214 * Excludes amounts designated for Overseas Contingency Operations/Global War on Terrorism pursuant to Section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Memorandum: Above Adjustments by Designation Program Integrity Disaster Relief Emergency Total

Revised Security Discretionary Budget Authority ...... 0 0 0 0 Revised Nonsecurity Category Discretionary Budget Authority ...... 0 0 1,098 1,098 General Purpose Outlays ...... 0 0 147 147

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$s in millions 2017 $s in millions 2017 $s in millions 2017

Current Spending Aggregates: Adjustments: Revised Spending Aggregates: Budget Authority ...... 3,212,350 Budget Authority ...... 0 Budget Authority ...... 3,212,350 Outlays ...... 3,219,700 Outlays ...... 3,219,192 Outlays ...... 508 REVISION TO SPENDING ALLOCATION TO THE COMMITTEE ON APPROPRIATIONS FOR FISCAL YEAR 2017 (Pursuant to Sections 302 and 314(a) of the Congressional Budget Act of 1974)

$s in millions 2017

Current Allocation: Revised Security Discretionary Budget Authority ...... 551,068 Revised Nonsecurity Category Discretionary Budget Authority ...... 518,531 General Purpose Outlays ...... 1,181,801 Adjustments: Revised Security Discretionary Budget Authority ...... 0 Revised Nonsecurity Category Discretionary Budget Authority ...... 0 General Purpose Outlays ...... 508 Revised Allocation: Revised Security Discretionary Budget Authority ...... 551,068 Revised Nonsecurity Category Discretionary Budget Authority ...... 518,531 General Purpose Outlays ...... 1,182,309 Program Integ- Memorandum: Detail of Adjustments Made Above OCO rity Disaster Relief Emergency Total

Revised Security Discretionary Budget Authority ...... 0 0 0 0 0 Revised Nonsecurity Category Discretionary Budget Authority ...... 0 0 0 0 0 General Purpose Outlays ...... 0 0 0 508 508

FRANK R. LAUTENBERG CHEMICAL TRUCK DRIVERS’ WORKING HOURS ess. Language on appropriations bills SAFETY FOR THE 21ST CENTURY RULE suspended the rule and required cum- BILL ∑ Mr. BLUMENTHAL. Mr. President, I bersome studies before it could return. Mr. UDALL. Mr. President, the fol- rise to speak on an amendment I filed The bill before us continues this lowing information is in response to an last week to the Transportation appro- trend, including language to make it article entered into the record by Sen- priations bill. The bill passed the Sen- clear that the Bush administration ator BOXER of California earlier today. ate last week. I did not offer my rules will return after the study, and it The Hearst News article in question amendment for a vote, but it has been enshrines a statutory cap on truck was published in the San Francisco willfully mischaracterized by an indus- drivers’ working hours, one that will be Chronicle and implies that the chem- try campaign, so I wanted to take a extremely difficult to change even in ical industry drafted S. 697, the Frank few minutes to explain it. the face of new data or scientific evi- R. Lautenberg Chemical Safety for the My amendment, Blumenthal amend- dence. 21st Century Act. This implication is ment No. 4002, would improve the safe- This is terrible precedent. It encour- false. ty of our roads. America depends on ages truck drivers to put in nearly dou- The bill authors, including myself, truck drivers to move our goods ble an average work week behind the wrote this bill. Drafts of the bill were around; truckers and the trucking in- wheel of an 80,000-pound big rig, the circulated to many interested stake- dustry perform a vital service. But last place in the world we want some- holders throughout the drafting proc- truckers who work too many hours in a one who is falling asleep. ess and returned with comments. This week, like any other drivers who spend My amendment would let us go back process took over 3 years, and drafts too much time behind the wheel, get to the rules that existed in 2013, rather were circulated each step of the way. tired and can’t drive safely. So since than this mess, masquerading as a so- Reforming the Toxic Substances Con- the Franklin D. Roosevelt administra- lution. It would give us the oppor- trol Act was a very involved and trans- tion, there have been limits placed on tunity to debate this issue fully and to parent process. the number of hours they can work in put aside the counterproductive lan- Environmental groups, trial lawyers, guage in this appropriations bill. industry, State officials, and the U.S. a week. In 2003, President Bush raised the However, while I am not pushing for Environmental Protection Agency limit from 60 hours on duty in a 7-day a vote on this amendment, it is sup- were consulted at many stages week, where it had been for decades, to ported by the ranking member of the throughout the process. Commerce committee, Senator NEL- All of their input is reflected in the 82 hours in a 7-day week. This in- bill in various provisions, often the creased truck drivers’ fatigue. So in SON, and my Commerce colleagues, same ones. This is major comprehen- 2013, President Obama sought to make Senators MARKEY and BOOKER. Unfor- sive legislation that has received wide some changes, bringing the limit back tunately, due to a campaign of misin- bipartisan support. down to 70 hours and ensuring that formation, it has become controversial. The New York Times looked into the drivers could rest when the body needs And I believe the underlying measure, allegation that the chemical industry it most: at night. including critical funding to fight the wrote the bill. Their lead reporter, Eric The Obama administration’s rule was Zika virus, must not be delayed. Lipton, wrote on March 17: ‘‘Lots of based on sound science, thousands of But I am pushing for a commitment players, including enviros, submitted comments, and, most importantly, a from my colleagues to work with me in drafts with proposed changes.’’ prioritization of safety over profits, conference and, in the long-term, to Again, many drafts of this bill were but it was opposed by many trucking find a solution. Four thousand people shared by a variety of Senate offices companies, who were accustomed to die a year in truck crashes, and count- with many stakeholders in a very en- working their drivers to the max, re- less truck drivers report nodding off gaged process over 3 years. gardless of the consequences for other behind the wheel. This is something we It is disappointing that I must refute drivers on the road. have a duty to address.∑ this allegation in the CONGRESSIONAL Over the past few years, in a process f RECORD, but it is important to get the I will not describe in detail here, the MEMORIAL DAY facts straight when explaining the leg- trucking industry succeeded in gutting islative history of TSCA reform. the new rule, not through legislation in Mr. ISAKSON. Mr. President, as (At the request of Mr. REID, the fol- the Commerce Committee, which has chairman of the Senate Veterans’ Af- lowing statement was ordered to be both the jurisdiction and the expertise, fairs Committee, I proudly wish to rec- printed in the RECORD.) but through the appropriations proc- ognize the 1 percent of Americans who

VerDate Sep 11 2014 04:38 May 27, 2016 Jkt 059060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.077 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3281 serve today in the Armed Forces of the President Lincoln once said ‘‘have laid 40TH ANNIVERSARY OF THE U.S. United States. This past weekend, on such a costly sacrifice upon the altar of HELSINKI COMMISSION Armed Forces Day, I had the honor of freedom.’’ The strength of these fami- Mr. CARDIN. Mr. President, on June participating in the grand opening of lies to persevere is like no other, and 3, 1976, U.S. President Gerald Ford the Military Family Support Center their support to our goals of peace and signed into law a bill establishing the presented by the Cobb Chamber of freedom is simply humbling. Commission on Security and Coopera- Commerce. It remains humbling to me Memorial Day—and every day—I am tion in Europe, more commonly known every time I see Georgia communities again honored and reminded that we as the U.S. Helsinki Commission. come together to support our service- are the land of the free because of the I bring this 40th anniversary next men and servicewomen and their fami- brave. week to my colleagues’ attention today Mr. CARDIN. Mr. President, Ameri- lies. because the commission has played a cans live free, secure, and stable lives Anyone who opens a newspaper today particularly significant role in U.S. thanks to generations of men and or turns on the TV knows that we live foreign policy. in a world of unknown and dangerous women in uniform who were willing to First, the commission provided the sacrifice their own lives. We must threats. Despite this, nearly 2.1 million U.S. Congress with a direct role in the never forget the tremendous debt we Americans have voluntarily raised policymaking process. Members and owe those brave Americans. It is in their right hands and sworn to defend staff of the commission have been inte- large part because of them that Amer- our Nation against all enemies, foreign grated into official U.S. delegations to and domestic. What makes these men ica serves as a beacon of hope, freedom, and equality to all the world. meetings and conferences of what is and women unique is that, despite This Monday, we will celebrate Me- historically known as the Helsinki these global threats, they choose to morial Day, a national day of solemn Process. The Helsinki Process started rise to the challenge. They come from remembrance and gratitude as we as an ongoing multilateral conference all walks of life. From coast to coast, honor the men and women who have on security and cooperation in Europe every Main Street, farm, or even next died defending our Nation. We honor that is manifested today in the 57- door, our selfless warriors voluntarily each and every American who has country, Vienna-based Organization for walk away from the comforts of home made the ultimate sacrifice on battle- Security and Cooperation in Europe, or to join the most elite force on this fields from Lexington, Concord, and OSCE. planet. They endure long hours in the Bunker Hill to Fort McHenry; from As elected officials, our ideas reflect- field, countless months away from Shiloh, Antietam, and Gettysburg to ing the interests of concerned Amer- their families while downrange, and Belleau Wood and the Somme; from ican citizens are better represented in some even come face to face with those Pearl Harbor, Bastogne, and Iwo Jima U.S. diplomacy as a result of the com- who wish to do us harm. These coura- to Inchon, Bloody Ridge, and the mission. There is no other country that geous Americans are deployed in more Chosin Reservoir; from Ia Drang, Khe has a comparable body, reflecting the than 150 countries around the world. Sanh, and Hamburger Hill to Umm singular role of our legislature as a From humanitarian missions to coali- Qasr, Nasiriyah, Fallujah, and Kabul. separate branch of government in the tion force partnerships to counterter- We salute the centuries-old legacy of conduct of foreign policy. The commis- rorism operations, there is no mission, selflessness and sacrifice that defines sion’s long-term commitment to this no challenge they cannot rise to meet. our Nation. We are forever indebted to effort has resulted in a valuable insti- Our world is becoming increasingly our warfighters and their families. On tutional memory and expertise in Eu- unstable. With threats rising from old Memorial Day, we pause to reflect, to ropean policy possessed by few others foes to new ones in familiar places, remember, to pay respect, to give in the U.S. foreign affairs community. there is simply no shortage of chal- thanks. And we say a prayer for all the Second, the commission was part of a lenges our country faces in terms of men and women currently serving in larger effort since the late 1970s to en- national security. While the unknown harm’s way and look forward to the hance consideration of human rights as threatens global peace, one constant day when they may return home safely an element in U.S. foreign policy deci- known is the courage and dedication of to be with their families and friends. sionmaking. Representatives Millicent America’s Armed Forces. I am con- Memorial Day is not only a day for Fenwick of New Jersey and Dante Fas- stantly reminded that we are the land looking backward. It is also a day for cell of Florida created the commission of the free because of the brave. looking forward. Those men and as a vehicle to ensure that human Now, this coming Monday gives us all women who lie buried gave their lives rights violations raised by dissident a moment to stop and pay respect to so that we could live in peace. Their groups in the Soviet Union and the the approximately 1.3 million Ameri- dream and the dream of every Amer- Communist countries of Eastern Eu- cans who have given their lives in the ican serving in the field of battle is rope were no longer ignored in U.S. pol- defense of our great Nation. From the that someday no more Americans will icy. Revolutionary War to the Civil War, be called upon to give their lives for In keeping with the Helsinki Final from World War I to World War II, from their country, that someday war will Act’s comprehensive definition of secu- Korea to Vietnam, and from Iraq to Af- end and the world will be truly free. rity—which includes respect for human ghanistan, brave men and women have What better way, then, to honor their rights and fundamental freedoms as a answered the call to defend our home- memory than to do everything we can principle guiding relations between land and protect the helpless around to seek peace? states—we have reviewed the records of the world in the name of peace. Those On this day of remembrance, I hope all participating countries, including of us who are fortunate to work in this that all Americans remember the our own and those of our friends and al- grand Capitol Building need not look dream of those who committed the lies. any farther than across the river, on greatest sacrifice and pursue peace in From its Cold War origins, the Hel- the other side of the National Mall, all our endeavors. As President Lincoln sinki Commission adapted well to where the ‘‘gardens of stone’’ at Ar- put it so eloquently nearly 153 years changing circumstances, new chal- lington National Cemetery offer a so- ago, let us dedicate ourselves ‘‘to the lenges, and new opportunities. It has bering reminder of the price of free- great task remaining before us—that done much to ensure U.S. support for dom. from these honored dead we take in- democratic development in East-Cen- While Americans enjoy the long creased devotion to that cause for tral Europe and continues to push for weekend with family and barbecues, I which they gave the last full measure greater respect for human rights in would encourage everyone to take a of devotion—that we here highly re- Russia and the countries of the moment to remember the true meaning solve that these dead shall not have Caucasus and Central Asia. of the holiday: to honor the service- died in vain—that this nation, under The Commission has participated in members who have paid the ultimate God, shall have a new birth of free- the debates of the 1990s on how the price. dom—and that government of the peo- United States should respond to con- I also want to take a moment to ple, by the people, for the people, shall flicts in the Balkans, particularly Bos- honor and thank those families who not perish from the earth.’’ nia and Kosovo and elsewhere, and it

VerDate Sep 11 2014 04:38 May 27, 2016 Jkt 059060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.060 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3282 CONGRESSIONAL RECORD — SENATE May 26, 2016 does the same today in regard to Rus- when foreign travel is not strongly en- merous to count are watershed mo- sia’s aggression towards Ukraine. It couraged and sometimes actively dis- ments in history, and they make up has pushed U.S. policy to take action couraged. only a small fraction of the various ac- to combat trafficking in persons, anti- Finally, let me say a few words about complishments Jewish Americans have Semitism and racism, and intolerance the Helsinki Commission staff, both made. and corruption, as well as other prob- past and present. The staff represents Such achievements, however, do not lems which are not confined to one an enormous pool of talent. They have come without concomitant struggles. country’s borders. a combination of diplomatic skills, re- Jewish Americans have been dedicated The Helsinki Commission has suc- gional expertise, and foreign language to promoting tolerance and under- ceeded in large part due to its leader- capacity that has allowed the Members standing because Jewish people have ship. From the House, the commission of Congress serving on the commission been challenged and persecuted has been chaired by Representatives to be so successful. Many of them de- throughout history whenever they Dante Fascell of Florida, my good serve mention here, but I must men- have professed their faith. Jewish friend STENY HOYER of Maryland, the tion Spencer Oliver, the first chief of Americans participated in the aboli- current chairman, CHRISTOPHER SMITH staff, who set the commission’s prece- tionist movement in the 19th century of New Jersey, and ALCEE HASTINGS of dents from the very start. Spencer and joined the ranks of the Student Florida. From this Chamber, we have went on to create almost an equivalent Nonviolent Coordinating Committee had Senators Alfonse D’Amato of New of the commission at the international during the civil rights movement in York, Dennis DeConcini of Arizona, level with the OSCE Parliamentary As- the 1960s. There is no question that the Ben Nighthorse Campbell of Colorado, sembly. Jewish tradition of diversity and inclu- Sam Brownback of Kansas and today’s One of his early hires and an even- sion has helped to make the United cochairman, ROGER WICKER of Mis- tual successor was Sam Wise, whom I States the force for equal rights, de- sissippi. would consider to be one of the diplo- mocracy, and opportunity that it is I had the honor, myself, to chair the matic heroes of the Cold War period for today. Though we face challenges to Helsinki Commission from 2007 to 2015. his contributions and leadership in the that ideal every day, we must not for- That time, and all my service on the Helsinki Process. get that this country was and remains commission, from 1993 to the present, In closing, I again want to express a beacon for those suffering under the has been enormously rewarding. my hope that my colleagues will con- weight of oppression around the world. I think it is important to mention sider the value of the Helsinki Com- We cannot understate the role that that the hard work we do on the Hel- mission’s work over the years, enhanc- Israel plays in Jewish American soci- sinki Commission is not a job require- ing the congressional role in U.S. for- ety and in the lives of Jewish people ment for a Member of Congress. eign policy and advocating for human around the world. Our homeland is the Rather than being a responsibility, it rights as part of that policy. focal point of our religion and our cul- is something many of us choose to do Indeed, the commission, like the Hel- ture. Further, our two nations are built because it is rewarding to secure the sinki Process, has been considered a on a common set of core democratic release of a longtime political prisoner, model that could be duplicated to han- principles and representative govern- to reunify a family, to observe elec- dle challenges in other regions of the ment, but we have more than political tions in a country eager to learn the world. I also hope to see my colleagues philosophies in common; we share a meaning of democracy for the first increase their participation on Hel- strong belief in the promotion of equal- time, to enable individuals to worship sinki Commission delegations to the ity, freedom, and tolerance. The United in accordance with their faiths, to OSCE Parliamentary Assembly, as well States will always stand by Israel, and know that policies we advocated have as at Helsinki Commission hearings. we will always support the safety of meant increased freedom for millions For as much as the commission has ac- the Israeli people. As a U.S. Senator, I of individuals in numerous countries, complished in its four decades, there have been proud to take part in efforts and to present the United States as a continues to be work to be done in its to strengthen the relationship between force for positive change in this world. fifth, and the challenges ahead are no our two nations. Without our home- Several of us have gone beyond our less than those of the past. land, Jewish Americans may never responsibilities on the commission to f have been able to make the myriad participate in the leadership of the contributions they have made to our JEWISH AMERICAN HERITAGE OSCE Parliamentary Assembly. Rep- Nation. These Jewish Americans’ ac- MONTH resentative HASTINGS served for 2 years complishments embody the positive as assembly president, while Rep- Mr. CARDIN. Mr. President, today I values that form the foundation of our resentative HOYER, Representative wish to recognize and celebrate the shared culture and history. Our diver- ROBERT ADERHOLT of Alabama, and I month of May as Jewish American Her- sity makes the United States of Amer- have served as vice presidents. Senator itage Month. Since the founding of our ica strong, and Jewish Americans have WICKER currently serves as chairman of Nation, Jewish Americans have indeli- played an integral role in shaping and the assembly’s security committee. bly shaped American society. As a nurturing that diversity. Representative Hilda Solis of Cali- proud Jewish American, I am honored f fornia had served as a committee chair to have the opportunity to acknowl- and special representative on the crit- edge the outstanding contributions of THE MALMEDY MASSACRE ical issue of migration. Today, Rep- our vibrant community in the past, Mr. TOOMEY. Mr. President, today I resentative SMITH serves as a special present, and future. wish to honor the sacrifice of our sol- representative on similarly critical In the 109th Congress, Representative diers at the Malmedy massacre. issue of human trafficking, while I DEBBIE WASSERMAN SCHULTZ and then- As we prepare for Memorial Day, it is serve as special representative on anti- Senator Arlen Spector authored a con- important to remember the 87 Ameri- Semitism, racism, and intolerance. current resolution calling for a procla- cans who were killed in action during Our engagement in this activity as mation each year to observe American the Malmedy massacre and honor the elected Members of Congress reflects Jewish History Month. On April 20, brave few who survived this terrible or- the deep, genuine commitment of our 2006, President George W. Bush pro- deal. One of the survivors of this mas- country to security and cooperation in claimed that May 2006 would be Jewish sacre, Harold W. Billow, is a proud resi- Europe, and this rebounds to the enor- American Heritage Month. dent of Pennsylvania. mous benefit of our country. Our Jewish Americans have fought tire- On December 17, 1944, Mr. Billow and friends and allies appreciate our en- lessly to realize the American Dream Battery B, 285th Field Artillery Obser- gagement, and those with whom we and to enrich our society. Jewish vation Battalion were riding in a con- have a more adversarial relationship Americans have been instrumental in voy of vehicles towards the Belgian are kept in check by our engagement. I eliminating disease such as the polio town of St. Vith. The convoy was at- hope my colleagues would consider this epidemic, and they have split the atom. tacked outside of Malmedy by a Nazi point today, especially during a time These achievements and others too nu- SS unit called Kampfgruppe Peiper.

VerDate Sep 11 2014 04:38 May 27, 2016 Jkt 059060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.064 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3283 While a few soldiers were able to es- (At the request of Mr. REID, the fol- have enhanced the National Weather cape the initial attack, the other 130 lowing statement was ordered to be Service’s ability to provide useful win- Americans were forced to surrender to printed in the RECORD.) ter weather information to the public. the SS troops. f Law Enforcement, Safety and Secu- Given orders to take no prisoners and rity Award—Amanda Cahill, special violating the rules of war, German VERMONT FEDERAL EXECUTIVE agent, Department of Justice, Bureau tank gunners lined up the Americans ASSOCIATION 2016 AWARDS of Alcohol, Tobacco, Firearms and Ex- and gunned them down in cold blood. ∑ Mr. SANDERS. Mr. President, to plosives, satellite office, Rutland— Worse yet, these Nazi troops searched commemorate Public Recognition Amanda exemplifies the highest tradi- for anyone showing signs of life and Week, the Vermont Federal Executive tions of government service: tireless shot them repeatedly at point-blank Association, VTFEA, recognized the dedication and devotion to her agency range. more than 4,000 Federal employees and the residents of her community. However, 40 men, including Mr. Bil- working across the State and the good She has singlehandedly reestablished a low, were able to play dead and escape work they do every day. I would like to Bureau of Alcohol, Tobacco, Firearms the massacre. Many of these survivors offer special congratulations to the and Explosives presence in southern traveled to Nuremburg after the war to 2016 Excellence in Government award Vermont and has begun to fill a void in testify in the war crimes trials and de- winners, who have been recognized by the law enforcement community’s fight mand justice for their fallen brothers VTFEA for their exemplary govern- against armed drug traffickers. She has in arms. Today Mr. Billow is one of ment service. acted as an undercover agent, as well only two men from the 285th Battalion Excellence in Management and Pro- as a lead investigator, and recently, known to be alive. gram Support Award, Individual she has been recognized for her efforts Mr. Billow dedicates his life to re- Award—Heather Festa, management by the U.S. attorney for Vermont. Managerial/Supervisory Award—Dan- membering his comrades who did not program analyst, personnel security di- iel Whitney, section chief, training, survive this massacre. Every Fourth of vision, Office of Security and Integrity, U.S. Immigration and Customs En- July, Memorial Day, and Veterans’ U.S. Citizenship and Immigration Serv- forcement, law enforcement support Day, Mr. Billow decorates his front ices, South Burlington—Heather dem- onstrated exceptional innovation and center, Williston—Dan Whitney exem- lawn with 87 American flags, one for plifies the continued pursuit of excel- each man who fell on that terrible day professionalism in response to the Of- fice of Personnel Management’s secu- lence and an unparalleled record of in 1944. achievement. The law enforcement rity breach of electronic systems con- Today I wish to remember the ulti- support center, LESC, is U.S. Immigra- taining background investigation mate sacrifice made by those killed in tion and Customs Enforcement’s pri- records. When OPM instructed Federal the Malmedy massacre and also to mary point of contact for law enforce- agencies to mail all paper documents, honor and thank the survivors, includ- ment agencies throughout the country. many agencies simply halted their per- ing Mr. Billow, who keep the memory Dan is responsible for ensuring that all sonnel security processes. However, of their fellow soldiers alive. LESC employees receive continuous Heather skillfully designed and imple- f training in multiple law enforcement mented an action plan for the hard- TRIBUTE TO ANDY SIMKOVITCH databases, including ICE’s new enter- copy paper forms to ensure there would prise database that his team tested to Mr. TOOMEY. Mr. President, today I be no interruption in processing secu- ensure that LESC employees had the wish to honor and recognize a distin- rity checks within U.S. Citizenship and training and the tools to provide up to guished D-Day veteran from Pennsyl- Immigration Services. the minute information to law enforce- vania, Mr. Andy Simkovitch, and to Excellence in Management and Pro- ment agencies. Dan is someone who gram Support Award, Group Award— commemorate the 72nd anniversary of leads by example and is always willing northeast regional office position de- the D-Day landings. to do whatever it takes to ensure that A resident of Erie, PA, Mr. scription workgroup, northeast re- LESC meets its mission. Simkovitch was a U.S. Navy sailor gional office, U.S. Citizenship and Im- Tina Gurka Community Service that served aboard the tank landing migration Services, South Burlington, Award—registered nurse Sharon ship USS L.S.T. 501 during World War including Jeannine Longchamp, Levenson and police officer Guy Gard- II. He was involved in Operation Over- Maegan Cutler, Brian Johansson, and ner, VA medical center, White River lord at Utah and Omaha Beaches, Laurie Juskiewicz—the northeast re- Junction—in January 2016, Nurse Shar- where he transported troops during the gional office human resources team led on Levenson and Officer Guy Gardner D-Day landings on June 6, 1944. During a working group to review supervisory demonstrated their dedication to vet- the operation and while under heavy position descriptions for U.S. Citizen- erans in their local community. After German fire, he went to the beach nine ship and Immigration Services’s entire one of her patients did not show up for times. Following his actions in France, field operations directorate. Not only an appointment, Sharon contacted the his ship headed to the Pacific and saw did the team ensure that all positions local police department and requested combat in numerous battles, including aligned with Office of Personal Man- a welfare check. When the police de- the Battle of Okinawa. Mr. Simkovitch agement guidelines, it also created su- partment said the situation did not stayed in the Pacific until Japan sur- pervisory positions at new grade levels warrant a check, VA Officer Guy Gard- rendered, and he was then honorably that opened up previously unobtainable ner contacted a neighbor, and they dis- discharged in March 1946. career paths for some employees. covered the veteran in serious distress. The courage and bravery displayed Professional Award—Peter Banacos Thanks to Sharon and Guy’s efforts, by Mr. Simkovitch earned him the and Andrew Loconto, meteorologists, the patient recovered fully. Their com- Chevalier Legion of Honor medal, the National Weather Service, Burlington mitment to veterans was recognized by highest honor bestowed by the nation International Airport, South Bur- VA Secretary McDonald during testi- of France. With only 855,000 of the 16 lington—Peter and Andrew worked to- mony before the Senate Veterans’ Af- million American WWII veterans re- gether to develop a snow squall identi- fairs Committee. maining today, it is increasingly im- fication and forecasting technique that Interagency Collaboration and Part- portant to honor those that served our has greatly improved winter weather nership Award—Brian Wood, Border great Nation and ensure future genera- forecast and warning systems for many Patrol agent, U.S. Border Patrol, tions know about the struggles and National Weather Service offices. His- Richford—Brian has demonstrated ex- sacrifices these brave veterans en- torically, there has been an overall emplary professionalism and work dured. lack of forecaster awareness in identi- ethic in forming and maintaining valu- On behalf of the U.S. Senate, I wish fying the weather conditions in which able and productive partnerships with to thank Mr. Simkovitch for his dedi- snow squalls can occur, as well as un- various Federal and State agencies in cated service to our Nation in advance derstanding their impact. Peter and Vermont and across the country. of the 72nd anniversary of the D-Day Andrew’s innovation, leadership, and Brian’s efforts have resulted in the ar- landings. persistent efforts over the past 3 years rest of numerous alien smugglers, drug

VerDate Sep 11 2014 04:38 May 27, 2016 Jkt 059060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.065 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3284 CONGRESSIONAL RECORD — SENATE May 26, 2016 dealers, and human traffickers and the ADDITIONAL STATEMENTS ver Stick trophy in the Hockey Hall of removal of countless illegal firearms, Fame in Toronto, Canada. heroin, and cocaine from our commu- The International Silver Stick tour- nities. Brian uses his expertise in law TRIBUTE TO DAVID MAXWELL nament has attracted teams from all enforcement and his ability to collabo- ∑ Mr. BOOZMAN. Mr. President, today over the United States and Canada rate successfully to keep our commu- I wish to honor David Maxwell, the di- since 1958. The laudable purpose of the nities and citizens safe. rector of the Arkansas Department of tournament is to develop and promote Heroic Act Award—John Marsh, Bor- Emergency Management, ADEM, and ‘‘Citizenship and International Good- der Patrol agent, U.S. Border Patrol, State Homeland Security adviser, who will through hockey.’’ The Mont- Swanton sector, Beecher Falls Sta- is retiring next month after more than gomery Blue Devils team of 9- and 10- tion—in April 2016, while returning 36 years of service at ADEM. year-olds—a squad of 15 boys and 1 from a call for assistance in New David began his career at ADEM in girl—exemplified this philosophy both Hampshire, Agent Marsh approached 1978 as a temporary housing employee on and off the ice. Led by tournament two men on the ground, one pounding working with Arkansans displaced by ‘‘most valuable player’’ Reid Pehrkon, the chest of the other. Agent Marsh major flooding in Little Rock. the Squirt AA Blue team outscored its found the person on the ground was Through the years, he held a number opponents by a margin of 30 goals to 17. choking on food, was not breathing, of positions at ADEM, including plans The team defeated the North York and would not respond to verbal stimu- and operations division manager, Knights in Toronto, Canada, in four lation. After requesting emergency where he ensured the State emergency overtimes, 5–4, to win the champion- medical services, Agent Marsh admin- operations plan, EOP, and local juris- ship for a 3rd consecutive year. Com- istered the Heimlich maneuver and was dictional plans were maintained and in piling 145 victories in the process, the able to dislodge the food from the vic- compliance with State and Federal Blue Devils can legitimately lay claim tim. He remained with him until the guidelines. Prior to assuming the role to being the best AA team in North paramedics arrived and took over care. of director, David served as the depart- America. Thanks to John’s training and his abil- ment’s deputy director. In addition to winning the Inter- ity to stay calm under pressure, the As director, David chairs the Arkan- national Silver Stick tournament, the victim is alive and well today. sas Homeland Security executive com- team won its regular season title, the Vermont Federal Team of the Year mittee and serves on a number of the league playoff championship, and the Award—the northwest vermont local- State’s emergency response-related International Silver Stick regional ity pay committee: Brandon Ackel, councils and committees. In October championship. Transportation Security Administra- 2009, David served a 1-year term as 2010 Throughout the season, the AA Blue tion, Robert Brugman, National Credit president of the National Emergency team lived up to its simple rallying cry Union Administration, Brian Management Association, NEMA, and of ‘‘work,’’ and never wavered from the Johansson, U.S. Citizenship and Immi- now serves as an adviser to the current main goals established by Coach Rob gration Services, Kelly Larsen, Federal NEMA president. Additionally, he Keegan and assistants Dave Cohen, Stu Aviation Administration, Alaska, serves on the board of directors of the Margel, and Lee Rosebush, which were Bruce McDonald, Transportation Secu- Central United States Earthquake Con- ‘‘to be the hardest working team rity Administration, Sean McVey, U.S. sortium, CUSEC, and is a member of around and to always believe that the Customs and Border Protection, Mark the executive committee of the Na- team is more important than the indi- Nielsen, U.S. Immigration and Customs tional Governors Association, NGA, vidual.’’ Enforcement, Jeff Ostlund, Transpor- Governors Homeland Security Advisors I ask my colleagues to join me today tation Security Administration, Corey Council for which he chairs the cata- in congratulating the MYHA Blue Dev- Price, U.S. Immigration and Customs strophic disaster and preparedness ils Squirt AA Blue Team for its dedica- Enforcement, Texas, Lisa Rees, U.S. committee. In 2015, David was awarded tion to the values of teamwork and Citizenship and Immigration Services, the Lacy E. Suiter Distinguished Serv- perseverance while winning a third and Krista Scheele, Transportation Se- ice Award by the National Emergency consecutive International Silver Stick curity Administration—in November Management Association. Championship. Team members include 2012, VTFEA discussed what initiatives David has served as the designated Ethan Birndorf, Caden Blazer, Will would benefit the most Federal em- State coordinating officer for 24 feder- Cohen, Andrew Fou, Nick Garner, Cody ployees, and it didn’t take long to real- ally declared disasters and one feder- Keegan, Alexander MacMillan, Dylan ize that securing locality pay for ally declared emergency during his ca- Margel, John McNelis, Jack Oliver, Vermont was the No. 1 priority. In reer at ADEM. Reid Pehrkon, Dakota Rosebush, Brady early 2013, VTFEA created a locality I worked very closely with David dur- Silverman, Jack Slater, Lucy Thiessen, pay committee, consisting of employ- ing his tenure as ADEM director. I and Maddox Tulacro. We should also ees from six Federal agencies. Working have always found him to be a very re- express our appreciation to the coaches tirelessly, the team prepared a locality sponsive, committed public servant mentioned above and to the parents, pay proposal for northwest Vermont who is dedicated to the people of Ar- other family members, and friends who and, in December 2013, presented it to kansas. have tirelessly supported and mentored the Federal Salary Council in Wash- I thank David for his service to our this superb group of youngsters.∑ ington, DC. Unfortunately, the first State and applaud his efforts to keep f proposal was denied, so the following Arkansans safe over the last three dec- TRIBUTE TO MONSIGNOR JOSEPH year, they tried again. Again, the pro- ades. I wish him all the best in retire- P. KELLY posal was denied. Not to be discour- ment.∑ ∑ aged, the team drafted a third proposal f Mr. CASEY. Mr. President, today I in November 2015, and committee mem- wish to honor Monsignor Joseph P. bers traveled to Washington at their CONGRATULATING THE MONT- Kelly, a dear friend and spiritual advi- own expense to support the package GOMERY COUNTY YOUTH HOCK- sor, for his decades of extraordinary and their fellow Vermonters. At the EY ASSOCIATION BLUE DEVILS service in helping others and working hearing, the Council approved the ∑ Mr. CARDIN. Mr. President, today I to secure the common good. Fifty package, which is waiting for approval wish to congratulate the Montgomery years ago, Monsignor Kelly was or- by the President’s pay agent and the Youth Hockey Association’s, MYHA, dained as a priest in the Diocese of President. The northwest Vermont lo- Squirt AA Blue team for winning the Scranton. Since then, he has touched cality pay committee’s tenacity, col- 2016 International Silver Stick cham- the lives of thousands of people in laborative spirit, and positivity is why pionship in Sarnia, Ontario. I am proud Northeastern Pennsylvania and Ne- Vermont is being considered for local- that this year—for the 3rd year in a braska. He is been a servant leader, one ity pay, and it is because of their ef- row—the name of the Montgomery whose profound faith is demonstrated forts that VTFEA chose them as ‘‘Fed- Blue Devils from Rockville, MD, will in his works. I would like to take this eral Team of the Year.’’∑ be on a plaque placed alongside the Sil- time to wish him the best on

VerDate Sep 11 2014 06:44 May 27, 2016 Jkt 059060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.076 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3285 this milestone and reflect on his self- have excelled in their studies and are work at Kimmie Candy warrants this less commitment to enriching the lives certainly deserving of this award. significant accolade. of others. Mackenzie is a senior at Northwest Today, I ask my colleagues and all Over the decades, he has worked in a Career and Technical Academy in the Nevadans to join me in congratulating variety of diocesan assignments and al- Clark County School District and was my friend Joe and the entire Kimmie ways in a position to teach students or recognized for demonstrating excel- Candy family for receiving this na- his congregation. As an educator at lence in career and technical edu- tional award. I am thankful for every- Holy Rosary School and the Scranton cation. This category was added to the thing Joe has contributed to the city of Preparatory School, he spent 25 years scholars list this year to recognize stu- Reno and our State, and I wish him teaching religion to eighth graders and dents pursuing science, technology, en- well as he continues his endeavors at high school seniors. He has served as gineering, and math fields. Brook is a Kimmie Candy.∑ pastor of several parishes, including St. senior at Pahranagat Valley High f Catherine’s Moscow, Holy Rosary, St. School in the Lincoln County School Ann’s, and Nativity of Our Lord. In ad- District and serves as student body 50TH ANNIVERSARY OF BON dition, Monsignor Kelly served as the president. Haydn attends Davidson SECOURS ST. MARY’S HOSPITAL Episcopal vicar of Hispanic ministry Academy of Nevada in Reno and has ∑ Mr. KAINE. Mr. President, today I for the Diocese of Scranton. He has excelled in his scientific pursuits. Both wish to recognize the 50th anniversary also led Catholic Social Services, St. Brook and Haydn were selected for ex- of the Bon Secours St. Mary’s Hospital, Michael’s School for Boys, and Camp cellence in their academic studies. the first hospital in the Bon Secours St. Andrew, where he cofounded These students are shining examples Richmond Health System. This not-for- Project Hope. At one time, Project of what hard work and determination profit Catholic health system, which is Hope sent as many as 700 low-income can accomplish, and they should be comprised of four hospitals in the and at-risk youth to Camp St. Andrew, proud of their accomplishments. Today greater Richmond metropolitan area, providing summer camp experiences I ask my colleagues to join me and all serves some of the neediest populations for young people who otherwise would Nevadans in congratulating Mackenzie, throughout central Virginia. not be able to afford the program. Brook, and Haydn in this achievement St. Mary’s founding was rooted in a Service and serving others is not and in wishing them well in their fu- strong history of providing care. In only a deed, it has been a way of life ture endeavors.∑ 1824, in Paris, 12 women formed the for Monsignor Kelly. Although Mon- f congregation of the Sisters of Bon signor Kelly retired from leading Secours, French for ‘‘Good Help.’’ The RECOGNIZING KIMMIE CANDY Catholic Social Services at the end of Sisters’ purpose was to nurse the sick 2015, he currently is the executive di- ∑ Mr. HELLER. Mr. President, today I and dying in their homes. The Sisters rector of the St. Francis of Assisi wish to congratulate Joe Dutra and all of Bon Secours came to the United Kitchen in Scranton, PA. He is com- of those contributing at Kimmie Candy States in 1881, where they continued mitted to responding to the needs of for receiving the President’s ‘‘E’’ their work of aiding the poor, the sick, those living in poverty in America. I Award for Exports. This award is truly and the dying in their homes. In 1966, commend his lifelong efforts to foster prestigious and given to only the most Bon Secours expanded its mission with compassion and promote human dig- ambitious companies making a signifi- the opening of St. Mary’s Hospital. nity for all people, at all stages of life. cant contribution to the expansion of Through its history, Bon Secours Rich- Monsignor Kelly’s reputation for integ- U.S. exports. mond has stayed true to its founding rity is reflected in his work with the As founder, CEO, and president of principles through its community out- poorest, most vulnerable, and most Kimmie Candy, Joe first established reach and commitment to serving the marginalized members of our commu- the company on a farm in his home- neediest among us. nities. town of Sacramento, CA. By 2003, the For the past 50 years, St. Mary’s Hos- Over the past 50 years, his life has company had made great strides and pital has provided critical health serv- been one of compassion, selfless serv- won ‘‘product of the year’’ at the an- ices including cardiac, orthopedic, ice, and a steadfast commitment to nual Candy Grammys held in Long women’s pediatric, surgery, oncology, justice. On behalf of the Common- Beach, CA. In 2005, Joe relocated to imaging, neurology, and emergency wealth of Pennsylvania, I commend Reno, NV, with the goal of creating services. St. Mary’s Hospital ranks in Monsignor Joseph P. Kelly for this more American jobs. Just 2 years later, the top 10 percent of America’s hos- milestone and wish him only the best Joe purchased the building that is now pitals for emergency care. Today St. in the days and years ahead.∑ Kimmie Candy’s production facility, Mary’s employs over 3,000 employees, f and by 2008, the candy company was including more than 1,000 physicians. fully operational. Within the next year, Bon Secours’ mission is to bring com- TRIBUTE TO MACKENZIE WOOTEN, Joe took the company international passion to health care and to be good BROOK HIGBEE, AND HAYDN and increased sales in the United help to those in need. I commend St. BRADSTREET States, Canada, Mexico, the Phil- Mary’s Hospital on behalf of my con- ∑ Mr. HELLER. Mr. President, today I ippines, South America, and the Middle stituents for its commitment to health wish to congratulate three Nevada stu- East. Since its opening, the company care excellence and service to the pa- dents, Mackenzie Wooten, Brook has grown to 36 employees and con- tients and families in the greater Rich- Higbee, and Haydn Bradstreet, who tinues to expand. I have toured the fa- mond area.∑ were named U.S. Presidential Scholars. cility on multiple occasions and am al- f This is an incredible accolade, recog- ways impressed by this successful busi- nizing the very best students across ness. Joe’s work in creating job oppor- RECOGNIZING THE GAS the Nation who have gone above and tunities in Nevada has not gone unno- TECHNOLOGY INSTITUTE beyond in their academic pursuits, and ticed, and I am thankful to have ∑ Mr. KIRK. Mr. President, I would I extend my sincerest congratulations Kimmie Candy operating in our great like to honor the Gas Technology Insti- to these three Nevadans. State. tute, GTI, and its dedicated employees The U.S. Presidential Scholars Pro- In 1961, President John F. Kennedy as they celebrate their 75th anniver- gram was established in 1964 by Presi- signed an executive order to revive the sary. Headquartered in Des Plaines, IL, dent Lyndon B. Johnson to recognize World War II ‘‘E’’ symbol of excellence. GTI is a leading nonprofit research de- some of the most academically ambi- The President’s ‘‘E’’ Award aims to velopment organization in my home tious students across the Nation. Each honor companies across the country State, working diligently to address year, up to 161 students are named as that have contributed to America’s ex- key global energy and environmental U.S. Presidential Scholars, which is ports by demonstrating export growth challenges. one of the most prestigious accom- for over 4 years. Kimmie Candy is one A proven leader over the past three- plishments that high school students of only 123 companies that was honored quarters of a century, GTI continues to can achieve. All three of these students with this award. Without a doubt, Joe’s develop high-impact technologies,

VerDate Sep 11 2014 06:44 May 27, 2016 Jkt 059060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.061 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3286 CONGRESSIONAL RECORD — SENATE May 26, 2016 unlocking the economic potential of for the rapid growth and expansion of workshops, Asian games, Asian cuisine, domestic energy resources, while re- industry in the United States; these and much more. ducing the environmental footprint of engines enabled the effective transpor- I am honored to be participating this fossil fuels. Founded as the Institute of tation of goods across the country. year in the Asian Festival during its Gas Technology in 1941, the institute Steam power also permitted factories opening ceremony to see firsthand how worked closely with the Illinois Insti- in Connecticut to produce and market this important event celebrates the tute of Technology to train graduate goods more efficiently than ever be- rich tradition of Asian Pacific heritage engineers to lead the development of fore. and promotes cultural diversity in the gas industry. As national focus The tremendous benefits provided by Ohio. shifted to gas research and develop- steam engines and boilers, however, Congratulations to all who were in- ment in the 1970s, the Gas Research In- came with considerable risks. During volved in making it a success.∑ stitute took shape to focus on natural the 1850s, boiler explosions occurred at f gas supply, transportation, distribu- an estimated rate of once every 4 days. MESSAGES FROM THE PRESIDENT tion, and utilization. In 2000, these two Believing that better materials, better renowned programs united under the design, and regular inspections could Messages from the President of the GTI umbrella where they continue to reduce the number of dangerous boiler United States were communicated to build off of past successes as a premier explosions, in 1857, several Hartford en- the Senate by Mr. Pate, one of his sec- research, development, and training or- trepreneurs started ‘‘the Polytechnic retaries. ganization serving the global natural Club,’’ as a means to discuss practical f gas and energy markets. changes to boilers that could mitigate EXECUTIVE MESSAGES REFERRED GTI’s most profound successes are the chances of worker injury and known across the globe. From cata- death. These discussions helped lead to As in executive session the Presiding lyzing the U.S. shale gas revolution the formation of HSB. Officer laid before the Senate messages through innovative research and devel- The Hartford Steam Boiler Inspec- from the President of the United opment in the 1980s and 1990s, to help- tion and Insurance Company was offi- States submitting sundry nominations ing to put the first hydrogen fuel cell cially founded in 1866 on the premise which were referred to the appropriate bus on the road in 2006, to its 65 patents that quality boiler inspections would committees. (The messages received today are on high-efficiency, low-NOX burners enhance industrial safety, and that in- and systems, GTI has a strong industry surance provides a valuable financial printed at the end of the Senate pro- reputation for innovation and con- incentive to ensure businesses conduct ceedings.) ducting the work necessary to ensure these inspections. From its founding, f our domestic supplies are utilized to HSB’s primary goals have been to im- MESSAGES FROM THE HOUSE their full potential while national and prove safety and prevent losses for in- At 9:50 a.m., a message from the global priorities continue to shift. Our dustrial businesses. House of Representatives, delivered by Nation continues to benefit from GTI’s Today HSB continues to set the Mr. Novotny, one of its reading clerks, expertise in developing gas distribution standard for equipment breakdown in- announced that the House has passed technologies and reducing energy de- surance, as well as a variety of other the following bills, in which it requests livery costs, as well as innovations in insurance products. I am proud to the concurrence of the Senate: the detection, quantification, and miti- honor this company’s long and distin- gation of methane emissions from the guished role in America’s industrial H.R. 4909. An act to authorize appropria- economy. Congratulations to the Hart- tions for fiscal year 2017 for military activi- natural gas sector. Its current efforts ties of the Department of Defense, for mili- with the hydraulic fracturing test site ford Steam Boiler Inspection and In- tary construction, and for defense activities will continue this tradition, improving surance Company, and best of luck in of the Department of Energy, to prescribe air and water quality by increasing en- the years to come.∑ military personnel strengths for such fiscal vironmentally sustainable extraction f year, and for other purposes. H.R. 5233. An act to repeal the Local Budg- methods. RECOGNIZING THE COLUMBUS I congratulate and commend GTI for et Autonomy Amendment Act of 2012, to ASIAN FESTIVAL their continued commitment to pro- amend the District of Columbia Home Rule Act to clarify the respective roles of the Dis- viding technology-based solutions that ∑ Mr. PORTMAN. Mr. President, today I wish to acknowledge the 22st annual trict government and Congress in the local expand U.S. energy production and fos- budget process of the District government, ter economic growth, while also mini- Columbus Asian Festival as we cele- and for other purposes. mizing impacts to the environment. brate the month of May as Asian Pa- cific American Heritage Month. The At 3:40 p.m., a message from the GTI’s efforts in the past, present, and House of Representatives, delivered by future are key to boosting American first Asian Festival was held in 1995 with a mission to promote the impor- Mrs. Cole, one of its reading clerks, an- competitiveness, and I look forward to nounced that the House has passed the ∑ tance of cultural diversity in building a celebrating future milestones. following bills, in which it requests the f vibrant, prosperous, and healthy com- munity. Since then, the Asian Festival concurrence of the Senate: RECOGNIZING THE HARTFORD continues to fulfill its mission and at- H.R. 4974. An act making appropriations STEAM BOILER INSPECTION AND tracts over 100,000 visitors annually to for military construction, the Department of INSURANCE COMPANY Veterans Affairs, and related agencies for the central Ohio region. the fiscal year ending September 30, 2017, and ∑ Mr. MURPHY. Mr. President, 150 The Asian Festival offers a variety of for other purposes. years ago, as the United States and the activities for the community high- H.R. 5243. An act making appropriations world advanced out of the industrial lighting the culture of Asia and the Pa- for the fiscal year ending September 30, 2016, revolution, several young businessmen cific Islands. The values of the Asian to strengthen public health activities in re- formed the Hartford Steam Boiler In- Festival include the following: show- sponse to the Zika virus, and for other pur- spection and Insurance Company, HSB, casing cultural heritage, advocating poses. in Hartford, CT. I am proud to rep- the importance of lifelong learning and The message further announced that resent this company and want to con- education, providing a fun and enter- the House has passed the following bill, gratulate HSB on its 150th anniversary taining experience, nurturing commu- with amendment, in which it requests for its vital contribution to the econ- nity collaboration and strong relation- the concurrence of the Senate: omy of Connecticut, as well as the rest ships, fostering a healthy lifestyle and S. 2012. An act to provide for the mod- of the Nation. quality of life, and serving with integ- ernization of the energy policy of the United During the industrial revolution in rity. States, and for other purposes. the mid-to-late 19th century, steam Visitors to the Asian Festival will The message also announced that the boilers were used to drive industrial experience hands-on art demonstra- House insists upon its amendment to machinery, locomotives, and steam- tions, interactive dance performances, the bill (S. 2012) to provide for the mod- boats. Steam-powered engines allowed Asian music, Tai chi, martial arts ernization of the energy policy of the

VerDate Sep 11 2014 04:38 May 27, 2016 Jkt 059060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.063 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3287 United States, and for other purposes, ing appropriations for the Departments accompanying papers, reports, and doc- and asks a conference with the Senate of Transportation, and Housing and uments, and were referred as indicated: on the disagreeing votes of the two Urban Development, and related agen- EC–5591. A communication from the Ad- Houses thereon; and appoints the fol- cies for the fiscal year ending Sep- ministrator, Rural Business-Cooperative lowing Members as managers of the tember 30, 2016, and for other purposes, Service, Department of Agriculture, trans- conference on the part of the House: with an amendment, in which it re- mitting, pursuant to law, the report of a rule From the Committee on Energy and quests the concurrence of the Senate. entitled ‘‘Guaranteed Loanmaking and Serv- Commerce, for consideration of the The message also announced that the icing Regulations’’ (RIN0570–AA85) received in the Office of the President of the Senate Senate bill, and the House amendment, House insists upon its amendment to on May 23, 2016; to the Committee on Agri- and modifications committed to con- the Senate amendment to the bill (H.R. culture, Nutrition, and Forestry. ference: Messrs. UPTON, BARTON, WHIT- 2577) making appropriations for the De- EC–5592. A communication from the Assist- FIELD, SHIMKUS, LATTA, Mrs. MCMORRIS partments of Transportation, and ant Secretary of Defense (Legislative Af- RODGERS, Messrs. OLSON, MCKINLEY, Housing and Urban Development, and fairs), transmitting legislative proposals rel- POMPEO, GRIFFITH, JOHNSON of Ohio, related agencies for the fiscal year end- ative to the ‘‘National Defense Authoriza- FLORES, MULLIN, PALLONE, RUSH, Mrs. ing September 30, 2016, and for other tion Act for Fiscal Year 2017’’; to the Com- mittee on Armed Services. CAPPS, Ms. MATSUI, Ms. CASTOR of purposes, and asks a conference with EC–5593. A communication from the Assist- Florida, Messrs. SARBANES, WELCH, BEN the Senate on the disagreeing votes of ant Secretary, Legislative Affairs, Depart- RAY Lujan of New Mexico, TONKO and the two Houses thereon, and that Mr. ment of State, transmitting, pursuant to LOEBSACK. ROGERS of Kentucky, Ms. GRANGER, law, a six-month periodic report relative to From the Committee on Agriculture, Messrs. COLE, DENT, FORTENBERRY, the continuation of the national emergency for consideration of sections 3017, 3305, ROONEY of Florida, VALADAO, Mrs. with respect to the proliferation of weapons 4501, 4502, 5002, part II of subtitle C of ROBY, Mrs. LOWEY, Ms. DELAURO, of mass destruction that was originally de- clared in Executive Order 12938 of November title X, and section 10233 of the Senate Messrs. SERRANO, BISHOP of Georgia, bill, and sections 1116 and 5013 of divi- 14, 1994; to the Committee on Banking, Hous- and Ms. WASSERMAN SCHULTZ be man- ing, and Urban Affairs. sion A, division B, and sections 1031, agers of the conference on the part of EC–5594. A communication from the Direc- 1032, 1035–1037, subtitle K of title I, sec- the House. tor of Congressional Affairs, Office of Chief tion 2013, subtitles F, M, and Q of title f Financial Officer, Nuclear Regulatory Com- II, and title XXV of division C of the mission, transmitting, pursuant to law, the House amendment, and modifications MEASURES REFERRED report of a rule entitled ‘‘Variable Annual committed to conference: Messrs. CON- The following bills were read the first Fee Structure for Small Modular Reactors’’ AWAY, THOMPSON of Pennsylvania, and and the second times by unanimous ((RIN3150–AI54) (NRC–2008–0664)) received in the Office of the President of the Senate on PETERSON. consent, and referred as indicated: From the Committee on Natural Re- May 23, 2016; to the Committee on Environ- H.R. 1887. An act to authorize the Comp- ment and Public Works. sources, for consideration of sections troller General of the United States to assess EC–5595. A communication from the Ad- 2308, 3001, part II of title II, 3017, 3104, a study on the alternatives for the disposi- ministrator of the Environmental Protection 3109, 3201, 3301–3306, 3308–3312, 4006, 4401, tion of Plum Island Animal Disease Center, Agency, transmitting, pursuant to law, a re- 4403, 4405, 4407, 4410, 4412–4414, title V, and for other purposes; to the Committee on port entitled ‘‘Review of the Allotment of section 6001, subtitle A of title VI, sec- Homeland Security and Governmental Af- the Clean Water State Revolving Fund fairs. tion 6202, title VII, title IX, subtitles A, (CWSRF)’’; to the Committee on Environ- H.R. 5233. An act to repeal the Local Budg- ment and Public Works. B, and C of title X, parts I, II, III, and et Autonomy Amendment Act of 2012, to IV of subtitle D of title X, and sections EC–5596. A communication from the Chair- amend the District of Columbia Home Rule man of the United States International 10341 and 10345 of the Senate bill, and Act to clarify the respective roles of the Dis- Trade Commission, transmitting, pursuant sections 1115 and 1116 of division A, di- trict government and Congress in the local to law, a report entitled ‘‘Trans-Pacific Part- vision B, and division C of the House budget process of the District government, nership Agreement: Likely Impact on the amendment, and modifications com- and for other purposes; to the Committee on U.S. Economy and on Specific Industry Sec- Homeland Security and Governmental Af- mitted to conference: Messrs. BISHOP of tors’’; to the Committee on Finance. fairs. Utah, YOUNG of Alaska, Mrs. LUMMIS, EC–5597. A communication from the Assist- ant Secretary, Legislative Affairs, Depart- Messrs. DENHAM, WESTERMAN, GRI- f ment of State, transmitting, pursuant to JALVA, HUFFMAN, and Mrs. DINGELL. MEASURES PLACED ON THE law, a report entitled ‘‘Report to Congress on From the Committee on Science, CALENDAR 2015 Trafficking in Persons Report Tier 3 to Space, and Technology for consider- The following bills were read the first Tier 2 Watch List Upgrades’’; to the Com- ation of sections 1014, 1201, 1203, 1301– and second times by unanimous con- mittee on Finance. 1304, 1306–1308, 1310, 1311, 2002, 2301, 2401, sent, and placed on the calendar: EC–5598. A communication from the Assist- part III of subtitle A of title III, sec- ant Legal Adviser for Treaty Affairs, Depart- H.R. 4909. An act to authorize appropria- tions 3101, 3302, 3307, 3402, 3403, 3501, ment of State, transmitting, pursuant to the tions for fiscal year 2017 for military activi- Case-Zablocki Act, 1 U.S.C. 112b, as amended, 3502, 4001, 4002, 4006, 4101, subtitle C of ties of the Department of Defense, for mili- title IV, sections 4402, 4404, 4406, 4720, the report of the texts and background state- tary construction, and for defense activities ments of international agreements, other 4721, 4727, 4728, and 4737 of the Senate of the Department of Energy, to prescribe than treaties (List 2016–0066—2016–0070); to bill, and section 1109 and title VII of di- military personnel strengths for such fiscal the Committee on Foreign Relations. vision A, and division D of the House year, and for other purposes. EC–5599. A communication from the Assist- amendment, and modifications com- H.R. 4974. An act making appropriations ant Administrator for Policy, Wage and Hour for military construction, the Department of mitted to conference: Messrs. SMITH of Division, Department of Labor, transmit- Veterans Affairs, and related agencies for Texas, WEBER of Texas, and Ms. EDDIE ting, pursuant to law, the report of a rule en- the fiscal year ending September 30, 2017, and titled ‘‘Defining and Delimiting the Exemp- BERNICE JOHNSON of Texas. for other purposes. From the Committee on Transpor- tions for Executive, Administrative, Profes- sional, Outside Sales and Computer Employ- tation and Infrastructure for consider- f MEASURES READ THE FIRST TIME ees’’ (RIN1235–AA11) received in the Office of ation of sections 1005, 1006, 1010, 1014, the President of the Senate on May 23, 2016; 1016–1019, 1022, 3001, 4724, title VII, and The following bill was read the first to the Committee on Health, Education, section 10331 of the Senate bill, and time: Labor, and Pensions. sections 2007, 3116, 3117, and 3141 of divi- S. 3011. A bill to improve the account- EC–5600. A communication from the Assist- sion A, and title IX of division B, sub- ability, efficiency, transparency, and overall ant Secretary for Legislation, Department of title D of title II of division C of the effectiveness of the Federal Government. Health and Human Services, transmitting, House amendment, and modifications pursuant to law, a report entitled ‘‘Fiscal f Year 2014 Distribution of Funds Under Sec- committed to conference: Messrs. EXECUTIVE AND OTHER tion 330 of the Public Health Service Act Re- HARDY, ZELDIN, and DEFAZIO. COMMUNICATIONS port to Congress’’; to the Committee on The message further announced that Health, Education, Labor, and Pensions. the House agrees to the amendment of The following communications were EC–5601. A communication from the Assist- the Senate to the bill (H.R. 2577) mak- laid before the Senate, together with ant Secretary for Legislation, Department of

VerDate Sep 11 2014 04:38 May 27, 2016 Jkt 059060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.009 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3288 CONGRESSIONAL RECORD — SENATE May 26, 2016 Health and Human Services, transmitting, Agency, Department of Homeland Security, the Committee on Commerce, Science, and pursuant to law, a report entitled ‘‘Report in transmitting, pursuant to law, the report of Transportation. Response to the Sunscreen Innovation Act a rule entitled ‘‘Suspension of Community EC–5621. A communication from the Attor- (P.L. 113–195) Section 586G’’; to the Com- Eligibility’’ ((44 CFR Part 64) (Docket No. ney-Advisor, U.S. Coast Guard, Department mittee on Health, Education, Labor, and FEMA–2016–0002)) received in the Office of of Homeland Security, transmitting, pursu- Pensions. the President of the Senate on May 25, 2016; ant to law, the report of a rule entitled ‘‘An- EC–5602. A communication from the Assist- to the Committee on Banking, Housing, and chorage Regulations; Delaware River, Phila- ant Secretary for Legislation, Department of Urban Affairs. delphia, PA’’ ((RIN1625–AA01) (Docket No. Health and Human Services, transmitting, EC–5613. A communication from the Dep- USCG–2015–0825)) received in the Office of the pursuant to law, a report relative to the uty Director, Financial Crimes Enforcement President of the Senate on May 25, 2016; to Newborn Screening Program; to the Com- Network, Department of the Treasury, trans- the Committee on Commerce, Science, and mittee on Health, Education, Labor, and mitting, pursuant to law, the report of a rule Transportation. Pensions. entitled ‘‘Customer Due Diligence Require- EC–5622. A communication from the Attor- EC–5603. A communication from the Sec- ments for Financial Institutions’’ (RIN1506– ney-Advisor, U.S. Coast Guard, Department retary of Veterans Affairs, transmitting, AB25) received in the Office of the President of Homeland Security, transmitting, pursu- pursuant to law, the Department of Veterans of the Senate on May 25, 2016; to the Com- ant to law, the report of a rule entitled Affairs’ Semiannual Report of the Inspector mittee on Banking, Housing, and Urban Af- ‘‘Drawbridge Operation Regulation; Youngs General for the period from October 1, 2015 fairs. Bay, Astoria, OR’’ ((RIN1625–AA09) (Docket through March 31, 2016; to the Committee on EC–5614. A communication from the Dep- No. USCG–2016–0090)) received in the Office of Homeland Security and Governmental Af- uty Director, Financial Crimes Enforcement the President of the Senate on May 25, 2016; fairs. Network, Department of the Treasury, trans- to the Committee on Commerce, Science, EC–5604. A communication from the Acting mitting, pursuant to law, the report of a rule and Transportation. Chairman of the National Endowment for entitled ‘‘Imposition of Special Measure EC–5623. A communication from the Attor- the Arts, transmitting, pursuant to law, the against FBME Bank Ltd., formerly known as ney-Advisor, U.S. Coast Guard, Department Semiannual Report of the Inspector General Federal Bank of the Middle East Ltd., as a of Homeland Security, transmitting, pursu- and the Chairman’s Semiannual Report on Financial Institution of Primary Money ant to law, the report of a rule entitled ‘‘Se- Final Action Resulting from Audit Reports, Laundering Concern’’ (RIN1506–AB27) re- curity Zone; Port of New York, moving Secu- Inspection Reports, and Evaluation Reports ceived in the Office of the President of the rity Zone; Canadian Naval Vessels’’ for the period from October 1, 2015 through Senate on May 25, 2016; to the Committee on ((RIN1625–AA87) (Docket No. USCG–2016– March 31, 2016; to the Committee on Home- Banking, Housing, and Urban Affairs. 0215)) received in the Office of the President land Security and Governmental Affairs. EC–5615. A communication from the Direc- of the Senate on May 25, 2016; to the Com- EC–5605. A communication from the Chief tor of the Regulatory Management Division, mittee on Commerce, Science, and Transpor- Information Security Officer, Department of Environmental Protection Agency, transmit- tation. Homeland Security, transmitting, pursuant ting, pursuant to law, the report of a rule en- EC–5624. A communication from the Attor- to law, the Department’s 2015 Federal Infor- titled ‘‘EPAAR Clause for Level of Effect— ney-Advisor, U.S. Coast Guard, Department mation Security Management Act (FISMA) Cost-Reimbursement Contract’’ (FRL No. of Homeland Security, transmitting, pursu- and Agency Privacy Management Report; to 9946–47–OARM) received in the Office of the ant to law, the report of a rule entitled the Committee on Homeland Security and President of the Senate on May 25, 2016; to ‘‘Safety Zone, Block Island Wind Farm; Governmental Affairs. EC–5606. A communication from the Chair- the Committee on Environment and Public Rhode Island Sound, RI’’ ((RIN1625–AA00) man of the Council of the District of Colum- Works. (Docket No. USCG–2016–0026)) received in the EC–5616. A communication from the Direc- bia, transmitting, pursuant to law, a report Office of the President of the Senate on May on D.C. Act 21–392, ‘‘Repeal of Outdated and tor of the Regulatory Management Division, 25, 2016; to the Committee on Commerce, Unnecessary Audit Mandates Amendment Environmental Protection Agency, transmit- Science, and Transportation. EC–5625. A communication from the Attor- Act of 2016’’; to the Committee on Homeland ting, pursuant to law, the report of a rule en- Security and Governmental Affairs. titled ‘‘Approval and Promulgation of Imple- ney-Advisor, U.S. Coast Guard, Department EC–5607. A communication from the Chair mentation Plans; State of California; Re- of Homeland Security, transmitting, pursu- of the Securities and Exchange Commission, vised Format of 40 CFR Part 52 for Materials ant to law, the report of a rule entitled transmitting, pursuant to law, the Semi- Incorporated by Reference’’ (FRL No. 9942– ‘‘Safety Zone; Upper Mississippi River, Min- annual Report of the Inspector General and a 49–Region 9) received in the Office of the neapolis, MN’’ ((RIN1625–AA00) (Docket No. Management Report for the period from Oc- President of the Senate on May 25, 2016; to USCG–2016–0337)) received in the Office of the tober 1, 2015 through March 31, 2016; to the the Committee on Environment and Public President of the Senate on May 25, 2016; to Committee on Homeland Security and Gov- Works. the Committee on Commerce, Science, and ernmental Affairs. EC–5617. A communication from the Direc- Transportation. EC–5608. A communication from the Assist- tor of the Regulatory Management Division, EC–5626. A communication from the Attor- ant Attorney General, Office of Legislative Environmental Protection Agency, transmit- ney-Advisor, U.S. Coast Guard, Department Affairs, Department of Justice, transmit- ting, pursuant to law, the report of a rule en- of Homeland Security, transmitting, pursu- ting, pursuant to law, the Office of Commu- titled ‘‘Air Plan Approval; ME; Control of ant to law, the report of a rule entitled nity Oriented Policing Services (COPS) An- Volatile Organic Compound Emissions from ‘‘Safety Zone; National Grid—Beck Lockport nual Report for fiscal year 2015; to the Com- Fiberglass Boat Manufacturing and Surface 104 and Beck Harper 106 Removal Project; Ni- mittee on the Judiciary. Coating Facilities’’ (FRL No. 9946–94–Region agara River, Lewiston, NY’’ ((RIN1625–AA00) EC–5609. A communication from the Acting 1) received in the Office of the President of (Docket No. USCG–2016–0265)) received in the Under Secretary of Defense (Personnel and the Senate on May 25, 2016; to the Committee Office of the President of the Senate on May Readiness), transmitting a report on the ap- on Environment and Public Works. 25, 2016; to the Committee on Commerce, proved retirement of Vice Admiral William EC–5618. A communication from the Fed- Science, and Transportation. H. Hilarides, United States Navy, and his ad- eral Co-Chair, Appalachian Regional Com- EC–5627. A communication from the Attor- vancement to the grade of vice admiral on mission, transmitting, pursuant to law, the ney-Advisor, U.S. Coast Guard, Department the retired list; to the Committee on Armed Commission’s Semiannual Report of the In- of Homeland Security, transmitting, pursu- Services. spector General for the period from October ant to law, the report of a rule entitled EC–5610. A communication from the Acting 1, 2015 through March 31, 2016; to the Com- ‘‘Safety Zone; Navy UNDET, Apra Outer Under Secretary of Defense (Personnel and mittee on Homeland Security and Govern- Harbor and Piti, GU’’ ((RIN1625–AA00) (Dock- Readiness), transmitting a report on the ap- mental Affairs. et No. USCG–2016–0274)) received in the Office proved retirement of Lieutenant General EC–5619. A communication from the Attor- of the President of the Senate on May 25, Robert E. Schmidle, Jr., United States Ma- ney-Advisor, Office of the Secretary, Depart- 2016; to the Committee on Commerce, rine Corps, and his advancement to the grade ment of Transportation, transmitting, pur- Science, and Transportation. of lieutenant general on the retired list; to suant to law, the report relative to a va- EC–5628. A communication from the Attor- the Committee on Armed Services. cancy for the position of General Counsel, ney-Advisor, U.S. Coast Guard, Department EC–5611. A communication from the Chief Department of Transportation, received in of Homeland Security, transmitting, pursu- Counsel, Federal Emergency Management the office of the President of the Senate on ant to law, the report of a rule entitled Agency, Department of Homeland Security, May 25, 2016; to the Committee on Com- ‘‘Safety Zone; Pacific Ocean, North Shore transmitting, pursuant to law, the report of merce, Science, and Transportation. Oahu, HI—Recovery Operations’’ ((RIN1625– a rule entitled ‘‘Suspension of Community EC–5620. A communication from the Attor- AA00) (Docket No. USCG–2016–0272)) received Eligibility’’ ((44 CFR Part 64) (Docket No. ney-Advisor, U.S. Coast Guard, Department in the Office of the President of the Senate FEMA–2016–0002)) received in the Office of of Homeland Security, transmitting, pursu- on May 25, 2016; to the Committee on Com- the President of the Senate on May 25, 2016; ant to law, the report of a rule entitled ‘‘Spe- merce, Science, and Transportation. to the Committee on Banking, Housing, and cial Local Regulation; Lake of the Ozarks, EC–5629. A communication from the Attor- Urban Affairs. Lakeside, MO’’ ((RIN1625–AA08) (Docket No. ney-Advisor, U.S. Coast Guard, Department EC–5612. A communication from the Chief USCG–2016–0276)) received in the Office of the of Homeland Security, transmitting, pursu- Counsel, Federal Emergency Management President of the Senate on May 25, 2016; to ant to law, the report of a rule entitled

VerDate Sep 11 2014 04:38 May 27, 2016 Jkt 059060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.017 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3289 ‘‘Safety Zone; Newport Beach Harbor Grand were referred or ordered to lie on the Whereas, the majority of the oil and gas Canal Bridge Construction; Newport Beach, table as indicated: production from the Gulf of Mexico enters CA’’ ((RIN1625–AA00) (Docket No. USCG– POM–171. A concurrent resolution adopted the United States through coastal Louisiana 2016–0227)) received in the Office of the Presi- by the Legislature of the State of Louisiana with all of the infrastructure necessary to dent of the Senate on May 25, 2016; to the memorializing the United States Congress to receive and transport such production, infra- Committee on Commerce, Science, and take such actions as are necessary to treat structure that has for many decades dam- Transportation. mineral and gas production in the Gulf aged the coastal areas of Louisiana, an im- EC–5630. A communication from the Attor- Coastal states in a manner that is at least pact that should be compensated through ap- ney-Advisor, U.S. Coast Guard, Department equal to onshore oil, gas, and coal produc- propriate revenue sharing with the federal of Homeland Security, transmitting, pursu- tion in interior states for revenue purposes; government; and Whereas, because Louisiana is losing more ant to law, the report of a rule entitled and to rectify the revenue sharing inequities coastal wetlands than any other state in the ‘‘Safety Zone; Hudson River, Jersey City, between coastal and interior energy pro- country, in 2006 the people of Louisiana over- NJ, Manhattan, NY’’ ((RIN1625–AA00) (Dock- ducing states in order to address the nation- whelmingly approved a constitutional et No. USCG–2016–0109)) received in the Office ally significant crisis of wetland loss in the of the President of the Senate on May 25, state of Louisiana; to the Committee on En- amendment dedicating revenues received 2016; to the Committee on Commerce, ergy and Natural Resources. from Outer Continental Shelf oil and gas ac- Science, and Transportation. tivity to the Coastal Protection and Restora- HOUSE CONCURRENT RESOLUTION NO. 66 EC–5631. A communication from the Attor- tion Fund for the purposes of coastal protec- ney-Advisor, U.S. Coast Guard, Department Whereas, since 1920, interior states have tion, including conservation, coastal restora- of Homeland Security, transmitting, pursu- been allowed to keep fifty percent of the oil, tion, hurricane protection, and infrastruc- ant to law, the report of a rule entitled gas, and coal production revenues generated ture directly impacted by coastal wetland in their states from mineral production on ‘‘Safety Zones; Annual events requiring safe- losses; and federal lands within their borders, including ty zones in the Captain of the Port Lake Whereas, the state of Louisiana has devel- royalties, severance taxes, and bonuses; and Michigan zone’’ ((RIN1625–AA00) (Docket No. oped a science-based ‘‘Comprehensive Master Whereas, coastal states with onshore and Plan for a Sustainable Coast’’ which identi- USCG–2015–1081)) received in the Office of the offshore oil and gas production face inequi- President of the Senate on May 25, 2016; to fies and prioritizes the most efficient and ef- ties under the federal energy policies be- fective projects in order to meet the state’s the Committee on Commerce, Science, and cause those coastal states have not been Transportation. critical coastal protection and restoration party to this same level of revenue sharing needs; and EC–5632. A communication from the Attor- partnership with the federal government; ney-Advisor, U.S. Coast Guard, Department Whereas, the Coastal Protection and Res- and toration Authority is making great progress of Homeland Security, transmitting, pursu- Whereas, coastal energy producing states ant to law, the report of a rule entitled implementing the projects in the ‘‘Com- have a limited partnership with the federal prehensive Master Plan for a Sustainable ‘‘Safety Zone; Cape Fear River; Southport, government that provides for them to retain Coast’’ with all available funding, projects NC’’ ((RIN1625–AA00) (Docket No. USCG– very little revenue generated from their off- that are essential to the protection of the in- 2016–0306)) received in the Office of the Presi- shore energy production, energy that is pro- frastructure that is critical to the energy dent of the Senate on May 25, 2016; to the duced for use throughout the nation; and Committee on Commerce, Science, and Whereas, in 2006 congress passed the Gulf needs of the United States; and Whereas, in order to properly compensate Transportation. of Mexico Energy Security Act (GOMESA) the coastal states for the infrastructure de- EC–5633. A communication from the Attor- that will fully go into effect in 2017; an act mands that result from production of energy ney-Advisor, U.S. Coast Guard, Department that calls for a sharing of thirty-seven and and fuels that heat and cool the nation’s of Homeland Security, transmitting, pursu- five tenths percent of coastal production rev- homes, offices, and businesses and fuel the ant to law, the report of a rule entitled enues with four gulf states with a cap of five nation’s transportation needs, revenue shar- ‘‘Safety Zone; San Francisco State Gradua- hundred million dollars per year; and tion Fireworks Display, San Francisco, CA’’ Whereas, the Fixing America’s Inequities ing for coastal states needs to be at the same ((RIN1625–AA00) (Docket No. USCG–2016– with Revenues (FAIR) Act would have ad- rate as interior states that produce oil, gas, 0177)) received in the Office of the President dressed the inequity suffered by coastal oil and coal: Now, therefore, be it Resolved, That the Legislature of Louisiana of the Senate on May 25, 2016; to the Com- and gas producing states by accelerating the does hereby memorialize the United States mittee on Commerce, Science, and Transpor- implementation of GOMESA as well as by Congress to take such actions as are nec- tation. gradually lifting all revenue sharing caps but essary to treat mineral and gas production EC–5634. A communication from the Attor- the legislation died with the close of the pre- in the Gulf Coastal states in a manner that ney-Advisor, U.S. Coast Guard, Department vious congress; and is at least equal to onshore oil, gas, and coal of Homeland Security, transmitting, pursu- Whereas, with the state and its offshore production in interior states for revenue pur- ant to law, the report of a rule entitled ‘‘Se- waters taken alone, Louisiana is the ninth poses; and to rectify the revenue sharing in- curity Zone; Tall-Ship CUAUHTEMOC; largest producer of oil in the United States equities between coastal and interior energy Thames River, New London Harbor, New in 2014 while including offshore oil from fed- producing states in order to address the na- London, CT’’ ((RIN1625–AA87) (Docket No. eral waters, it was the second largest oil pro- tionally significant crisis of wetland loss in USCG–2016–0250)) received in the Office of the ducer in the country; and when taken alone the state of Louisiana; and be it further President of the Senate on May 25, 2016; to Louisiana was the fourth largest producer of Resolved, That a copy of this Resolution be the Committee on Commerce, Science, and gas in the United States in 2013 while includ- transmitted to the presiding officers of the Transportation. ing the Gulf of Mexico waters, it was the sec- Senate and the House of Representatives of EC–5635. A communication from the Attor- ond largest producer in the United States; the Congress of the United States of America ney-Advisor, U.S. Coast Guard, Department and and to each member of the Louisiana con- of Homeland Security, transmitting, pursu- Whereas, with nineteen operating refin- gressional delegation. ant to law, the report of a rule entitled eries in the state, Louisiana was second only to Texas as of January 2014 in both total and ‘‘Safety Zones; Upper Mississippi River be- POM–172. A concurrent resolution adopted tween mile 179.2 and 180.5, St. Louis, MO and operating refinery capacity, accounting for nearly one-fifth of the nation’s total refining by the General Assembly of the State of Ohio between mile 839.5 and 840, St. Paul, MN’’ urging the United States Congress to in- ((RIN1625–AA00) (Docket No. USCG–2016– capacity; and Whereas, Louisiana’s contributions to the crease NIH funding levels for research in and 0354)) received in the Office of the President development of the closed-loop system and of the Senate on May 25, 2016; to the Com- United States Strategic Petroleum Reserve with two facilities located in the state con- islet cell transplantation so that those who mittee on Commerce, Science, and Transpor- are suffering from type 1 diabetes will have tation. sisting of twenty-nine caverns capable of holding nearly three hundred million barrels expedited access to such technology; to the EC–5636. A communication from the Attor- Committee on Health, Education, Labor, and ney-Advisor, U.S. Coast Guard, Department of crude oil; and Whereas, with three onshore liquified nat- Pensions. of Homeland Security, transmitting, pursu- ural gas facilities, more than any other state SENATE CONCURRENT RESOLUTION NUMBER 2 ant to law, the report of a rule entitled in the country, and the Louisiana Offshore ‘‘Safety Zone; Sabine River, Orange, Texas’’ Whereas, More than one million Americans Oil Port, the nation’s only deepwater oil ((RIN1625–AA00) (Docket No. USCG–2016– have been diagnosed with insulin-dependent port, Louisiana plays an essential role in the 0321)) received in the Office of the President diabetes mellitus, also known as type 1 dia- movement of natural gas from the United of the Senate on May 25, 2016; to the Com- betes; and States Gulf Coast region to markets Whereas, Type 1 diabetes is a disease that mittee on Commerce, Science, and Transpor- throughout the country; and frequently strikes children suddenly, makes tation. Whereas, it is apparent that Louisiana them dependent on insulin for life, and car- f plays an essential role in supplying the na- ries the constant threat of life-threatening PETITIONS AND MEMORIALS tion with energy and it is vital to the secu- complications; and rity of our nation’s energy supply, roles that Whereas, The number of diagnoses of type The following petitions and memo- should be recognized and compensated at an 1 diabetes is growing at an alarming rate; rials were laid before the Senate and appropriate revenue sharing level; and and

VerDate Sep 11 2014 04:38 May 27, 2016 Jkt 059060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.020 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3290 CONGRESSIONAL RECORD — SENATE May 26, 2016 Whereas, The cost of type 1 diabetes, in- ative interpretations of the Constitution; Resolved, That suitable copies of this reso- cluding medical expenses and lost produc- and lution be delivered to President of the tivity, is billions of dollars per year; and Whereas, The Court now consists of 4 mem- United States, Barack Obama; Chairman of Whereas, Type 1 diabetes is a leading cause bers appointed by Republican presidents: the Senate Judiciary Committee, Chuck of blindness, kidney failure, amputations, Chief Justice John Roberts, Justice Anthony Grassley; Vice-President, Joe Biden; Chief heart disease, and death; and Kennedy, Justice Clarence Thomas, and Jus- Justice of the Supreme Court, John Roberts: Whereas, Medical and technological ad- tice Samuel Alito; and 4 members appointed and Senators Dick Durbin and Mark Kirk of vances in the development of the closed-loop by Democratic presidents: Justice Ruth Illinois. Bader Ginsburg, Justice Stephen Breyer, insulin delivery system, or ‘‘artificial f pancrease,’’ and in the development of islet Justice Sonia Sotomayor, and Justice Elena cell transplantation therapy have created Kagan; and REPORTS OF COMMITTEES meaningful and realistic pathways to a cure Whereas, A Supreme Court term begins on the first Monday in October, and continues The following reports of committees of type 1 diabetes; and were submitted: Whereas, Adequate federal funding for re- until late June or early July of the following search and development involving the year; the final day of the 2016 term will be By Mr. JOHNSON, from the Committee on closed-loop system and islet cell transplan- June 26, 2016; the Court continues to hear Homeland Security and Governmental Af- tation will result in positive medical out- oral arguments until April 26, 2016; and fairs, with an amendment in the nature of a comes for millions of americans who are af- Whereas, There are currently 74 cases on substitute and an amendment to the title: fected by type 1 diabetes and, thereby, ame- the Court docket; with the absence of Jus- S. 2127. A bill to provide appropriate pro- liorate widespread human suffering and pre- tice Scalia, many of those cases could be de- tections to probationary Federal employees, serve billions of dollars in taxpayer funds; cided 4–4; in that event, the decisions of the to provide the Special Counsel with adequate lower courts will stand; and and access to information, to provide greater Whereas, In its current term, the Court Whereas, Current levels of funding des- awareness of Federal whistleblower protec- will hear cases on a variety of issues affect- ignated for the efforts of The National Insti- tions, and for other purposes (Rept. No. 114– ing millions of Americans, such as affirma- tutes of Health (NIH) in advancing the tech- 262). tive action, immigration, reproductive By Mr. COCHRAN, from the Committee on nology associated with the closed-loop sys- rights, redistricting, and labor practices; and tem and islet cell transplantation are inad- Appropriations, without amendment: Whereas, Pursuant to Article II, Section 1 S. 3000. An original bill making appropria- equate, and an increase in funding for NIH’s of the Constitution, Barack Obama was efforts will expedite the refining of and ac- tions for the Department of Defense for the elected President of the United States in fiscal year ending September 30, 2017, and for cess to these important medical treatments 2008, and again in 2012; his presidency will and procedures: Now, therefore, be it other purposes (Rept. No. 114–263). end on January 20, 2017; and By Mr. HOEVEN, from the Committee on Resolved, That we, the members of the 131st Whereas, Article II, Section II of the Con- general assembly of the state of Ohio, in Appropriations, without amendment: stitution provides that the President ‘‘shall S. 3001. An original bill making appropria- adopting this resolution, urge the Congress nominate’’ judges of the Supreme Court with of the United States to increase NIH funding tions for the Department of Homeland Secu- the ‘‘Advice and Consent of the Senate’’; and rity for the fiscal year ending September 30, levels for research in and development of the Whereas, The Democratic and Republican 2017, and for other purposes (Rept. No. 114– closed-loop system and islet cell transplan- Presidential nominating conventions will 264). tation so that those who are suffering from take place in July of 2016; the Presidential By Mr. VITTER, from the Committee on type i diabetes will have expedited access to election will take place on November 8, 2016; Small Business and Entrepreneurship: such technology, thus enhancing health care a new President will not be inaugurated Report to accompany S. 552, A bill to while saving billions of dollars in health care until January 20, 2017, at which time that amend the Small Business Investment Act of costs and lost productivity; and be it further President will have the power to nominate 1958 to provide for increased limitations on Resolved, That the clerk of the Senate judges; however, until that time, the power leverage for multiple licenses under common transmit duly authenticated copies of this to nominate remains with President Barack control (Rept. No. 114–265). resolution to the President Pro Tempore and Obama; and Report to accompany S. 966, A bill to ex- Secretary of the United States Senate, the Whereas, In 1916, Justice Louis Brandeis tend the low-interest refinancing provisions Speaker and Clerk of the United States was confirmed as the 67th Associate Justice under the Local Development Business Loan House of Representatives, each member of of the Supreme Court after 4 months of scru- Program of the Small Business Administra- the Ohio Congressional delegation, and the tiny, representing the longest confirmation tion (Rept. No. 114–266). news media of Ohio. process in American history; during which Report to accompany S. 967, A bill to re- time, the Senate Judiciary Committee held quire the Small Business Administration to POM–173. A resolution adopted by the the first public hearings on the nomination make information relating to lenders mak- House of Representatives of the State of Illi- of a justice; he was sworn in on June 6, 1916, ing covered loans publicly available, and for nois urging the President of the United a presidential election year: and Whereas, Justice Anthony Kennedy is the other purposes (Rept. No. 114–267). States to select and nominate a candidate to Report to accompany S. 1001, A bill to es- be an Associate Justice for the Supreme most senior member of the Court today; he was nominated by President Ronald Reagan tablish authorization levels for general busi- Court of the United States; urging the ness loans for fiscal years 2015 and 2016 (Rept. United States Senate Judiciary Committee on November 30, 1987; he was confirmed unanimously by a Senate controlled by No. 114–268). to promptly schedule confirmations hearings Report to accompany S. 1292, A bill to for the President’s nominee followed by a re- Democrats on February 3, 1988 and was sworn in on February 18, 1988, during the last year amend the Small Business Act to treat cer- corded vote recommending confirmation; tain qualified disaster areas as HUBZones and urging the full Senate to vote to confirm of Reagan’s presidency; and Whereas, Additional Supreme Court jus- and to extend the period for HUBZone treat- such nomination; to the Committee on the ment for certain base closure areas, and for Judiciary. tices nominated and confirmed during the final year of a presidency include: Oliver other purposes (Rept. No. 114–269). HOUSE RESOLUTION NO. 1022 Ellsworth, Samuel Chase, William Johnson, f Whereas, Article III, Section I of the Philip Barbour, Roger Taney, Melville INTRODUCTION OF BILLS AND United States Constitution vests judicial au- Fuller, Lucius Lamar, George Shiras. thority ‘‘in one supreme Court, and in such Mahlon Pitney, John Clarke, Benjamin JOINT RESOLUTIONS inferior Courts as the Congress may from Cardozo, and Frank Murphy: Now, therefore, The following bills and joint resolu- time to time ordain and establish’’; and be it tions were introduced, read the first Whereas, The United States Congress Resolved, by the House of Representatives of and second times by unanimous con- passed the Judiciary Act of 1789, fixing the the Ninety-Ninth General Asssembly of the State number of Supreme Court justices at 6; and of Illinois, That we urge President Barack sent, and referred as indicated: Whereas, In an effort to avoid an evenly di- Obama to select and nominate a candidate to By Mrs. FISCHER (for herself, Mr. vided Court, the Judiciary Act of 1869 in- be an Associate Justice for the U.S Supreme INHOFE, Mr. VITTER, Mr. BOOZMAN, creased membership on the Court to one Court in a timely manner and that the nomi- Mr. COCHRAN, Mr. ISAKSON, Mr. ROB- Chief Justice, and 8 Associate Justices; that nee both liberalize and truly diversify the ERTS, Mrs. ERNST, and Mr. CORNYN): number has remained unchanged; and Court; and be it further S. 2993. A bill to direct the Administrator Whereas, Antonin Scalia became an Asso- Resolved, That we urge the Judiciary Com- of the Environmental Protection Agency to ciate Justice on the Supreme Court after mittee of the United States Senate to change the spill prevention, control, and being nominated by President Ronald promptly schedule confirmation hearings for countermeasure rule with respect to certain Reagan in 1986; Justice Scalia was confirmed the President’s nominee followed by a re- farms; to the Committee on Environment by the United States Senate 98–0; he was corded vote recommending confirmation; and Public Works. sworn in on September 26, 1986; and and be it further By Mr. CASEY (for himself and Ms. Whereas, The death of Justice Scalia has Resolved, That we urge the full Senate to MURKOWSKI): effectively placed the Court in ideological vote to confirm such nomination; and be it S. 2994. A bill to amend the Federal Food, gridlock with respect to liberal and conserv- further Drug, and Cosmetic Act to prevent the abuse

VerDate Sep 11 2014 07:23 May 27, 2016 Jkt 059060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.015 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3291 of dextromethorphan, and for other purposes; S. 3006. A bill to provide for the exchange S. Res. 479. A resolution urging the Gov- to the Committee on Health, Education, of certain National Forest System land and ernment of the Democratic Republic of the Labor, and Pensions. non-Federal land in the State of Alaska, and Congo to comply with constitutional limits By Mr. PAUL: for other purposes; to the Committee on En- on presidential terms and fulfill its constitu- S. 2995. A bill to amend the Truth in Lend- ergy and Natural Resources. tional mandate for a democratic transition ing Act to provide a safe harbor from certain By Mr. COTTON (for himself, Mr. of power in 2016; to the Committee on For- requirements related to qualified mortgages SASSE, Mr. RUBIO, Mr. RISCH, Mr. eign Relations. for residential mortgage loans held on an BURR, and Mr. INHOFE): By Mr. CASSIDY (for himself, Mr. originating depository institution’s port- S. 3007. A bill to prohibit funds from being MURPHY, Mr. ALEXANDER, and Mrs. folio, and for other purposes; to the Com- obligated or expended to aid, support, per- MURRAY): mittee on Banking, Housing, and Urban Af- mit, or facilitate the certification or ap- S. Res. 480. A resolution supporting the fairs. proval of any new sensor for use by the Rus- designation of May 2016 as ‘‘Mental Health By Mr. SCHATZ (for himself, Mr. sian Federation on observation flights under Month’’ ; considered and agreed to. WHITEHOUSE, Mrs. FEINSTEIN, Mr. the Open Skies Treaty unless the President By Ms. HIRONO (for herself, Mr. REID, MERKLEY, Ms. WARREN, and Mr. MAR- submits a certification related to such sen- Mr. FRANKEN, Mr. CASEY, Mrs. MUR- KEY): sor to Congress and for other purposes; to RAY, Mr. KIRK, Mr. MENENDEZ, Mrs. S. 2996. A bill to amend the Internal Rev- the Committee on Foreign Relations. FEINSTEIN, Mr. SCHATZ, Mr. MARKEY, enue Code of 1986 to phase out tax pref- By Ms. STABENOW (for herself, Mrs. Ms. KLOBUCHAR, Ms. CANTWELL, Mr. erences for fossil fuels on the same schedule SHAHEEN, Mr. REED, Ms. BALDWIN, CARDIN, Mr. BROWN, Mr. KAINE, Mr. as the phase out of the tax credits for wind Mr. COONS, Mr. PETERS, Mrs. FEIN- DURBIN, Mr. WYDEN, Mr. HELLER, Mr. facilities; to the Committee on Finance. STEIN, and Mr. MERKLEY): GARDNER, Mr. BENNET, Ms. MUR- By Ms. CANTWELL (for herself, Mr. S. 3008. A bill to amend the Internal Rev- KOWSKI, Mr. BOOKER, Mr. SCHUMER, BOOKER, and Mr. SCHUMER): enue Code of 1986 to exclude from gross in- Ms. WARREN, and Mr. MERKLEY): S. 2997. A bill to direct the Federal Com- come certain discharges of student loan in- S. Res. 481. A resolution recognizing the munications Commission to commence pro- debtedness; to the Committee on Finance. significance of May 2016 as Asian/Pacific ceedings related to the resiliency of critical By Mrs. SHAHEEN (for herself and Mr. American Heritage Month and as an impor- telecommunications networks during times LEAHY): tant time to celebrate the significant con- of emergency, and for other purposes; to the S. 3009. A bill to support entrepreneurs tributions of Asian Americans and Pacific Is- Committee on Commerce, Science, and serving in the National Guard and Reserve, landers to the history of the United States; Transportation. and for other purposes; to the Committee on considered and agreed to. By Mr. COATS: Small Business and Entrepreneurship. f S. 2998. A bill to amend title XVIII of the By Mr. MARKEY (for himself and Mr. Social Security Act to ensure prompt cov- RUBIO): ADDITIONAL COSPONSORS erage of breakthrough devices under the S. 3010. A bill to provide for restrictions re- S. 122 Medicare program, and for other purposes; to lated to nuclear cooperation with the Peo- At the request of Mr. MCCAIN, the the Committee on Finance. ple’s Republic of China, and for other pur- By Mr. DAINES (for himself, Mr. poses; to the Committee on Foreign Rela- name of the Senator from Vermont MORAN, Mr. ROBERTS, and Mr. tions. (Mr. LEAHY) was added as a cosponsor SCOTT): By Mr. JOHNSON: of S. 122, a bill to amend the Federal S. 2999. A bill to prohibit the transfer of S. 3011. A bill to improve the account- Food, Drug, and Cosmetic Act to allow any individual detained at United States ability, efficiency, transparency, and overall Naval Station, Guantanamo Bay, Cuba; to for the personal importation of safe effectiveness of the Federal Government; the Committee on Armed Services. and affordable drugs from approved read the first time. By Mr. COCHRAN: pharmacies in Canada. By Mrs. SHAHEEN (for herself and Mr. S. 3000. An original bill making appropria- S. 275 tions for the Department of Defense for the FRANKEN): S. 3012. A bill to amend the Federal Power At the request of Mr. ISAKSON, the fiscal year ending September 30, 2017, and for Act to establish an Office of Public Partici- name of the Senator from Maine (Ms. other purposes; from the Committee on Ap- pation and Consumer Advocacy; to the Com- propriations; placed on the calendar. COLLINS) was added as a cosponsor of S. mittee on Energy and Natural Resources. By Mr. HOEVEN: 275, a bill to amend title XVIII of the S. 3001. An original bill making appropria- By Mr. TESTER: Social Security Act to provide for the tions for the Department of Homeland Secu- S. 3013. A bill to authorize and implement coverage of home as a site of care for rity for the fiscal year ending September 30, the water rights compact among the Confed- erated Salish and Kootenai Tribes of the infusion therapy under the Medicare 2017, and for other purposes; from the Com- program. mittee on Appropriations; placed on the cal- Flathead Indian Reservation, the State of endar. Montana, and the United States, and for S. 398 By Mr. TOOMEY (for himself and Mr. other purposes; to the Committee on Indian At the request of Mr. MORAN, the DONNELLY): Affairs. name of the Senator from Illinois (Mr. S. 3002. A bill to amend title 4, United By Mr. DAINES: KIRK) was added as a cosponsor of S. States Code, to encourage the display of the S. 3014. A bill to improve the management 398, a bill to amend the Department of flag of the United States on National Viet- of Indian forest land, and for other purposes; to the Committee on Indian Affairs. Veterans Affairs Health Care Programs nam War Veterans Day; to the Committee on Enhancement Act of 2001 and title 38, the Judiciary. By Mr. CASEY: By Mr. SCHATZ (for himself and Ms. S. 3015. A bill to amend the Public Health United States Code, to require the pro- MURKOWSKI): Service Act to direct the Centers for Disease vision of chiropractic care and services S. 3003. A bill to amend title 38, United Control and Prevention to provide for infor- to veterans at all Department of Vet- States Code, to deem certain service in the mational materials to educate and prevent erans Affairs medical centers and to organized military forces of the Government addiction in teenagers and adolescents who expand access to such care and serv- are injured playing youth sports and subse- of the Commonwealth of the Philippines and ices, and for other purposes. the Philippine Scouts to have been active quently prescribed an opioid; to the Com- service for purposes of benefits under pro- mittee on Health, Education, Labor, and S. 616 grams administered by the Secretary of Vet- Pensions. At the request of Ms. COLLINS, the erans Affairs; to the Committee on Veterans’ By Mr. CASEY (for himself, Mr. ENZI, name of the Senator from Maryland Affairs. and Ms. KLOBUCHAR): (Mr. CARDIN) was added as a cosponsor By Ms. MURKOWSKI (for herself and S. 3016. A bill to amend the Internal Rev- of S. 616, a bill to amend the Internal Mr. SULLIVAN): enue Code of 1986 to permit the disclosure of Revenue Code of 1986 to provide re- certain tax return information for the pur- S. 3004. A bill to make technical correc- cruitment and retention incentives for tions to the Alaska Native Claims Settle- pose of missing or exploited children inves- ment Act, and for other purposes; to the tigations; to the Committee on Finance. volunteer emergency service workers. S. 629 Committee on Energy and Natural Re- f sources. At the request of Mr. PORTMAN, the By Ms. MURKOWSKI (for herself and SUBMISSION OF CONCURRENT AND name of the Senator from Arkansas Mr. SULLIVAN): SENATE RESOLUTIONS (Mr. COTTON) was added as a cosponsor S. 3005. A bill to establish the Alaska Land The following concurrent resolutions of S. 629, a bill to enable hospital-based Use Council, and for other purposes; to the Committee on Energy and Natural Re- and Senate resolutions were read, and nursing programs that are affiliated sources. referred (or acted upon), as indicated: with a hospital to maintain payments By Ms. MURKOWSKI (for herself and By Mr. MARKEY (for himself, Mr. DUR- under the Medicare program to hos- Mr. SULLIVAN): BIN, and Mr. MURPHY): pitals for the costs of such programs.

VerDate Sep 11 2014 04:38 May 27, 2016 Jkt 059060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.023 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3292 CONGRESSIONAL RECORD — SENATE May 26, 2016 S. 812 enue Code of 1986 to temporarily allow PERDUE) was added as a cosponsor of S. At the request of Mr. MORAN, the expensing of certain costs of replanting 2875, a bill to provide for the elimi- name of the Senator from Arizona (Mr. citrus plants lost by reason of cas- nation or modification of Federal re- FLAKE) was added as a cosponsor of S. ualty. porting requirements. 812, a bill to enhance the ability of S. 2464 S. 2921 community financial institutions to At the request of Mr. PAUL, the name At the request of Mr. ISAKSON, the foster economic growth and serve their of the Senator from North Dakota (Mr. name of the Senator from Illinois (Mr. communities, boost small businesses, HOEVEN) was added as a cosponsor of S. KIRK) was added as a cosponsor of S. increase individual savings, and for 2464, a bill to implement equal protec- 2921, a bill to amend title 38, United other purposes. tion under the 14th Amendment to the States Code, to improve the account- S. 1100 Constitution of the United States for ability of employees of the Department At the request of Mr. THUNE, the the right to life of each born and of Veterans Affairs, to improve health name of the Senator from North Da- preborn human person. care and benefits for veterans, and for kota (Ms. HEITKAMP) was added as a co- S. 2540 other purposes. sponsor of S. 1100, a bill to require At the request of Mr. REID, the name S. 2924 State and local government approval of of the Senator from Connecticut (Mr. At the request of Mr. REID, the prescribed burns on Federal land dur- MURPHY) was added as a cosponsor of S. names of the Senator from Ohio (Mr. ing conditions of drought or fire dan- 2540, a bill to provide access to counsel BROWN), the Senator from Vermont ger. for unaccompanied children and other (Mr. LEAHY), the Senator from Cali- S. 1151 vulnerable populations. fornia (Mrs. BOXER), the Senator from LUMENTHAL At the request of Mr. VITTER, the S. 2641 Connecticut (Mr. B ), the Senator from Connecticut (Mr. MUR- name of the Senator from Alabama At the request of Mr. SCHUMER, the (Mr. SESSIONS) was added as a cospon- name of the Senator from New York PHY), the Senator from Massachusetts (Mr. MARKEY), the Senator from New sor of S. 1151, a bill to amend title IX (Mrs. GILLIBRAND) was added as a co- of the Public Health Service Act to re- sponsor of S. 2641, a bill to amend the Hampshire (Mrs. SHAHEEN), the Sen- vise the operations of the United Public Health Service Act, in relation ator from Minnesota (Mr. FRANKEN) States Preventive Services Task Force, to requiring adrenoleukodystrophy and the Senator from Oregon (Mr. and for other purposes. screening of newborns. MERKLEY) were added as cosponsors of S. 1169 S. 2924, a bill to award a Congressional S. 2680 Gold Medal to former United States At the request of Mr. GRASSLEY, the At the request of Mr. ALEXANDER, the Senator Max Cleland. name of the Senator from New York names of the Senator from Illinois (Mr. S. 2934 (Mrs. GILLIBRAND) was added as a co- KIRK) and the Senator from Michigan At the request of Mr. SCHUMER, the sponsor of S. 1169, a bill to reauthorize (Ms. STABENOW) were added as cospon- name of the Senator from Virginia (Mr. and improve the Juvenile Justice and sors of S. 2680, a bill to amend the Pub- KAINE) was added as a cosponsor of S. Delinquency Prevention Act of 1974, lic Health Service Act to provide com- 2934, a bill to ensure that all individ- and for other purposes. prehensive mental health reform, and uals who should be prohibited from S. 1175 for other purposes. buying a firearm are listed in the na- At the request of Mr. WYDEN, the S. 2736 tional instant criminal background name of the Senator from Vermont At the request of Mr. THUNE, the check system and require a background (Mr. LEAHY) was added as a cosponsor name of the Senator from Illinois (Mr. check for every firearm sale. of S. 1175, a bill to improve the safety KIRK) was added as a cosponsor of S. S. 2944 of hazardous materials rail transpor- 2736, a bill to improve access to durable At the request of Mr. GRASSLEY, the tation, and for other purposes. medical equipment for Medicare bene- names of the Senator from Utah (Mr. S. 1555 ficiaries under the Medicare program, HATCH) and the Senator from Missouri At the request of Ms. HIRONO, the and for other purposes. (Mr. BLUNT) were added as cosponsors name of the Senator from Louisiana S. 2770 of S. 2944, a bill to require adequate re- (Mr. VITTER) was added as a cosponsor At the request of Mr. ROBERTS, the porting on the Public Safety Officers’ of S. 1555, a bill to award a Congres- name of the Senator from Nebraska Benefit program, and for other pur- sional Gold Medal, collectively, to the (Mrs. FISCHER) was added as a cospon- poses. Filipino veterans of World War II, in sor of S. 2770, a bill to amend the Com- S. 2951 recognition of the dedicated service of munications Act of 1934 to require pro- At the request of Ms. MURKOWSKI, the the veterans during World War II. viders of a covered service to provide name of the Senator from Washington S. 1892 call location information concerning (Ms. CANTWELL) was added as a cospon- At the request of Mr. HATCH, the the telecommunications device of a sor of S. 2951, a bill to amend the Oil name of the Senator from New Hamp- user of such service to an investigative Pollution Act of 1990 to impose pen- shire (Ms. AYOTTE) was added as a co- or law enforcement officer in an emer- alties and provide for the recovery of sponsor of S. 1892, a bill to provide for gency situation involving risk of death removal costs and damages in connec- loan repayment for teachers in high- or serious physical injury or in order to tion with certain discharges of oil from need schools. respond to the user’s call for emer- foreign offshore units, and for other S. 1982 gency services. purposes. At the request of Mr. CARDIN, the S. 2873 S. 2971 name of the Senator from Rhode Island At the request of Mr. HATCH, the At the request of Mr. PORTMAN, the (Mr. WHITEHOUSE) was added as a co- names of the Senator from Louisiana name of the Senator from Arizona (Mr. sponsor of S. 1982, a bill to authorize a (Mr. CASSIDY) and the Senator from MCCAIN) was added as a cosponsor of S. Wall of Remembrance as part of the Wyoming (Mr. BARRASSO) were added 2971, a bill to authorize the National Korean War Veterans Memorial and to as cosponsors of S. 2873, a bill to re- Urban Search and Rescue Response allow certain private contributions to quire studies and reports examining System. fund the Wall of Remembrance. the use of, and opportunities to use, S. 2977 At the request of Mr. KAINE, his technology-enabled collaborative At the request of Mr. MANCHIN, the name was added as a cosponsor of S. learning and capacity building models name of the Senator from California 1982, supra. to improve programs of the Depart- (Mrs. BOXER) was added as a cosponsor S. 2346 ment of Health and Human Services, of S. 2977, a bill to amend the Internal At the request of Mr. NELSON, the and for other purposes. Revenue Code of 1986 to establish an name of the Senator from Florida (Mr. S. 2875 excise tax on the production and im- RUBIO) was added as a cosponsor of S. At the request of Ms. AYOTTE, the portation of opioid pain relievers, and 2346, a bill to amend the Internal Rev- name of the Senator from Georgia (Mr. for other purposes.

VerDate Sep 11 2014 04:38 May 27, 2016 Jkt 059060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.025 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3293 S. 2979 pressing support for the designation of (Mr. FRANKEN) was added as a cospon- At the request of Mr. WYDEN, the June 2, 2016, as ‘‘National Gun Violence sor of amendment No. 4097 intended to name of the Senator from California Awareness Day’’ and June 2016 as ‘‘Na- be proposed to S. 2943, an original bill (Mrs. BOXER) was added as a cosponsor tional Gun Violence Awareness to authorize appropriations for fiscal of S. 2979, a bill to amend the Federal Month’’. year 2017 for military activities of the Election Campaign Act of 1971 to re- AMENDMENT NO. 4067 Department of Defense, for military quire candidates of major parties for At the request of Mr. WARNER, the construction, and for defense activities the office of President to disclose re- names of the Senator from Maine (Ms. of the Department of Energy, to pre- cent tax return information. COLLINS) and the Senator from Mon- scribe military personnel strengths for S. 2989 tana (Mr. TESTER) were added as co- such fiscal year, and for other pur- At the request of Ms. MURKOWSKI, the sponsors of amendment No. 4067 in- poses. name of the Senator from Washington tended to be proposed to S. 2943, an AMENDMENT NO. 4098 (Ms. CANTWELL) was added as a cospon- original bill to authorize appropria- At the request of Mr. MORAN, the sor of S. 2989, a bill to award a Congres- tions for fiscal year 2017 for military names of the Senator from South Da- sional Gold Medal, collectively, to the activities of the Department of De- kota (Mr. ROUNDS) and the Senator United States merchant mariners of fense, for military construction, and from Texas (Mr. CORNYN) were added as World War II, in recognition of their for defense activities of the Depart- cosponsors of amendment No. 4098 in- dedicated and vital service during ment of Energy, to prescribe military tended to be proposed to S. 2943, an World War II. personnel strengths for such fiscal original bill to authorize appropria- S. 2992 year, and for other purposes. tions for fiscal year 2017 for military At the request of Mr. VITTER, the AMENDMENT NO. 4068 activities of the Department of De- name of the Senator from Wyoming At the request of Mr. MORAN, the fense, for military construction, and (Mr. ENZI) was added as a cosponsor of name of the Senator from Alabama for defense activities of the Depart- S. 2992, a bill to amend the Small Busi- (Mr. SESSIONS) was added as a cospon- ment of Energy, to prescribe military ness Act to strengthen the Office of sor of amendment No. 4068 intended to personnel strengths for such fiscal Credit Risk Management of the Small be proposed to S. 2943, an original bill year, and for other purposes. Business Administration, and for other to authorize appropriations for fiscal AMENDMENT NO. 4120 year 2017 for military activities of the purposes. At the request of Mr. GRASSLEY, the Department of Defense, for military S. CON. RES. 36 names of the Senator from Kentucky construction, and for defense activities At the request of Ms. COLLINS, the (Mr. PAUL), the Senator from Alaska of the Department of Energy, to pre- name of the Senator from Illinois (Mr. (Ms. MURKOWSKI) and the Senator from scribe military personnel strengths for KIRK) was added as a cosponsor of S. Oklahoma (Mr. INHOFE) were added as such fiscal year, and for other pur- Con. Res. 36, a concurrent resolution cosponsors of amendment No. 4120 in- poses. expressing support of the goal of ensur- tended to be proposed to S. 2943, an ing that all Holocaust victims live with AMENDMENT NO. 4069 original bill to authorize appropria- dignity, comfort, and security in their At the request of Mr. MORAN, the tions for fiscal year 2017 for military remaining years, and urging the Fed- name of the Senator from Georgia (Mr. activities of the Department of De- eral Republic of Germany to reaffirm PERDUE) was added as a cosponsor of fense, for military construction, and amendment No. 4069 intended to be pro- its commitment to that goal through a for defense activities of the Depart- posed to S. 2943, an original bill to au- financial commitment to comprehen- ment of Energy, to prescribe military thorize appropriations for fiscal year sively address the unique health and personnel strengths for such fiscal 2017 for military activities of the De- welfare needs of vulnerable Holocaust year, and for other purposes. partment of Defense, for military con- victims, including home care and other struction, and for defense activities of AMENDMENT NO. 4124 medically prescribed needs. the Department of Energy, to prescribe At the request of Mr. KIRK, his name S. RES. 340 military personnel strengths for such was added as a cosponsor of amend- At the request of Mr. CASSIDY, the fiscal year, and for other purposes. ment No. 4124 intended to be proposed name of the Senator from Minnesota to S. 2943, an original bill to authorize AMENDMENT NO. 4071 (Ms. KLOBUCHAR) was added as a co- appropriations for fiscal year 2017 for At the request of Mr. HATCH, the sponsor of S. Res. 340, a resolution ex- names of the Senator from Georgia military activities of the Department pressing the sense of Congress that the of Defense, for military construction, (Mr. ISAKSON) and the Senator from so-called Islamic State in Iraq and al- Georgia (Mr. PERDUE) were added as co- and for defense activities of the De- Sham (ISIS or Da’esh) is committing sponsors of amendment No. 4071 in- partment of Energy, to prescribe mili- genocide, crimes against humanity, tended to be proposed to S. 2943, an tary personnel strengths for such fiscal and war crimes, and calling upon the original bill to authorize appropria- year, and for other purposes. President to work with foreign govern- tions for fiscal year 2017 for military AMENDMENT NO. 4136 ments and the United Nations to pro- activities of the Department of De- At the request of Mr. HOEVEN, the vide physical protection for ISIS’ tar- fense, for military construction, and name of the Senator from Iowa (Mrs. gets, to support the creation of an for defense activities of the Depart- ERNST) was added as a cosponsor of international criminal tribunal with ment of Energy, to prescribe military amendment No. 4136 intended to be pro- jurisdiction to punish these crimes, personnel strengths for such fiscal posed to S. 2943, an original bill to au- and to use every reasonable means, in- year, and for other purposes. thorize appropriations for fiscal year cluding sanctions, to destroy ISIS and AMENDMENT NO. 4085 2017 for military activities of the De- disrupt its support networks. At the request of Mr. LANKFORD, the partment of Defense, for military con- S. RES. 472 name of the Senator from Montana struction, and for defense activities of At the request of Mr. BLUNT, the (Mr. DAINES) was added as a cosponsor the Department of Energy, to prescribe name of the Senator from Texas (Mr. of amendment No. 4085 intended to be military personnel strengths for such CORNYN) was added as a cosponsor of S. proposed to S. 2943, an original bill to fiscal year, and for other purposes. Res. 472, a resolution expressing the authorize appropriations for fiscal year AMENDMENT NO. 4138 sense of the Senate that a carbon tax 2017 for military activities of the De- At the request of Mr. PETERS, the would be detrimental to the economy partment of Defense, for military con- names of the Senator from Michigan of the United States. struction, and for defense activities of (Ms. STABENOW), the Senator from S. RES. 478 the Department of Energy, to prescribe Vermont (Mr. SANDERS) and the Sen- At the request of Mr. DURBIN, the military personnel strengths for such ator from Illinois (Mr. KIRK) were names of the Senator from California fiscal year, and for other purposes. added as cosponsors of amendment No. (Mrs. FEINSTEIN) and the Senator from AMENDMENT NO. 4097 4138 intended to be proposed to S. 2943, Oregon (Mr. WYDEN) were added as co- At the request of Mr. MCCAIN, the an original bill to authorize appropria- sponsors of S. Res. 478, a resolution ex- name of the Senator from Minnesota tions for fiscal year 2017 for military

VerDate Sep 11 2014 06:28 May 27, 2016 Jkt 059060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.026 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3294 CONGRESSIONAL RECORD — SENATE May 26, 2016 activities of the Department of De- BOXER) was added as a cosponsor of for defense activities of the Depart- fense, for military construction, and amendment No. 4172 intended to be pro- ment of Energy, to prescribe military for defense activities of the Depart- posed to S. 2943, an original bill to au- personnel strengths for such fiscal ment of Energy, to prescribe military thorize appropriations for fiscal year year, and for other purposes. personnel strengths for such fiscal 2017 for military activities of the De- year, and for other purposes. partment of Defense, for military con- f AMENDMENT NO. 4143 struction, and for defense activities of At the request of Mr. MORAN, the the Department of Energy, to prescribe STATEMENTS ON INTRODUCED name of the Senator from Montana military personnel strengths for such BILLS AND JOINT RESOLUTIONS (Mr. TESTER) was added as a cosponsor fiscal year, and for other purposes. By Ms. CANTWELL (for herself, of amendment No. 4143 intended to be AMENDMENT NO. 4175 Mr. BOOKER, and Mr. SCHUMER): proposed to S. 2943, an original bill to At the request of Mr. REID, the name authorize appropriations for fiscal year of the Senator from Nevada (Mr. HELL- S. 2997. A bill to direct the Federal 2017 for military activities of the De- ER) was added as a cosponsor of amend- Communications Commission to com- partment of Defense, for military con- ment No. 4175 intended to be proposed mence proceedings related to the resil- struction, and for defense activities of to S. 2943, an original bill to authorize iency of critical telecommunications the Department of Energy, to prescribe appropriations for fiscal year 2017 for networks during times of emergency, military personnel strengths for such military activities of the Department and for other purposes; to the Com- fiscal year, and for other purposes. of Defense, for military construction, mittee on Commerce, Science, and Transportation. AMENDMENT NO. 4146 and for defense activities of the De- At the request of Mr. CASSIDY, the partment of Energy, to prescribe mili- Mr. BOOKER. Mr. President, I am name of the Senator from Michigan tary personnel strengths for such fiscal pleased to have worked with Senator (Mr. PETERS) was added as a cosponsor year, and for other purposes. CANTWELL and Senator SCHUMER to in- of amendment No. 4146 intended to be AMENDMENT NO. 4204 troduce the SANDy Act today which proposed to S. 2943, an original bill to At the request of Mr. INHOFE, the would provide much needed certainty authorize appropriations for fiscal year name of the Senator from Florida (Mr. and resiliency to our communications 2017 for military activities of the De- RUBIO) was added as a cosponsor of networks during times of natural dis- partment of Defense, for military con- amendment No. 4204 intended to be pro- aster or emergency. struction, and for defense activities of posed to S. 2943, an original bill to au- Severe weather and emergencies can the Department of Energy, to prescribe thorize appropriations for fiscal year have devastating effects on commu- military personnel strengths for such 2017 for military activities of the De- nities, as New Jersey knows all too fiscal year, and for other purposes. partment of Defense, for military con- well. In the aftermath of Superstorm AMENDMENT NO. 4155 struction, and for defense activities of Sandy, we experienced loss in our com- At the request of Mr. BOOZMAN, the the Department of Energy, to prescribe munications networks including phone names of the Senator from Iowa (Mr. military personnel strengths for such and Internet services. Natural disasters GRASSLEY), the Senator from Delaware fiscal year, and for other purposes. are one of the most important times to (Mr. COONS) and the Senator from Kan- AMENDMENT NO. 4215 maintain access to 9–1–1 in order to ob- sas (Mr. ROBERTS) were added as co- At the request of Mr. REID, the tain lifesaving services. sponsors of amendment No. 4155 in- names of the Senator from California Just this week, this legislation tended to be proposed to S. 2943, an (Mrs. BOXER) and the Senator from passed the House with overwhelming original bill to authorize appropria- Florida (Mr. NELSON) were added as co- bipartisan support, including from the tions for fiscal year 2017 for military sponsors of amendment No. 4215 in- New Jersey delegation led by Congress- activities of the Department of De- tended to be proposed to S. 2943, an man PALLONE’s efforts. I hope the Sen- fense, for military construction, and original bill to authorize appropria- ate will now turn its attention to this for defense activities of the Depart- tions for fiscal year 2017 for military important matter and move this initia- ment of Energy, to prescribe military activities of the Department of De- tive forward to the benefit of New personnel strengths for such fiscal fense, for military construction, and Jerseyans and people across the coun- year, and for other purposes. for defense activities of the Depart- try. AMENDMENT NO. 4157 ment of Energy, to prescribe military I am further pleased that phone serv- At the request of Mr. BOOZMAN, the personnel strengths for such fiscal ice providers entered into a voluntary name of the Senator from Virginia (Mr. year, and for other purposes. agreement last month in order to pro- WARNER) was added as a cosponsor of AMENDMENT NO. 4217 vide service to consumers during times amendment No. 4157 intended to be pro- At the request of Ms. AYOTTE, the of emergency, regardless of the net- posed to S. 2943, an original bill to au- names of the Senator from Georgia work the consumer subscribes to in thorize appropriations for fiscal year (Mr. PERDUE), the Senator from Utah that area. 2017 for military activities of the De- (Mr. HATCH) and the Senator from The SANDy Act expresses the Sense partment of Defense, for military con- Georgia (Mr. ISAKSON) were added as of Congress that this agreement should struction, and for defense activities of cosponsors of amendment No. 4217 in- continue to be adhered to in order to the Department of Energy, to prescribe tended to be proposed to S. 2943, an best serve 9–1–1 professionals, first re- military personnel strengths for such original bill to authorize appropria- sponders, and local governments in ac- fiscal year, and for other purposes. tions for fiscal year 2017 for military cessing communications services dur- AMENDMENT NO. 4165 activities of the Department of De- ing times of emergency. At the request of Mr. RUBIO, the fense, for military construction, and Further, the legislation collects addi- name of the Senator from Texas (Mr. for defense activities of the Depart- tional data on network security during CRUZ) was added as a cosponsor of ment of Energy, to prescribe military times of disaster and the resiliency of amendment No. 4165 intended to be pro- personnel strengths for such fiscal telecommunications networks power posed to S. 2943, an original bill to au- year, and for other purposes. utility during times of emergency. thorize appropriations for fiscal year AMENDMENT NO. 4235 With additional information and data, 2017 for military activities of the De- At the request of Mr. HELLER, the we can better prepare for disasters and partment of Defense, for military con- name of the Senator from New Hamp- ensure our networks operate at the struction, and for defense activities of shire (Ms. AYOTTE) was added as a co- best of their ability when severe the Department of Energy, to prescribe sponsor of amendment No. 4235 in- storms strike. military personnel strengths for such tended to be proposed to S. 2943, an Finally, the legislation provides au- fiscal year, and for other purposes. original bill to authorize appropria- thority to FEMA to reimburse costs as- AMENDMENT NO. 4172 tions for fiscal year 2017 for military sociated with restoring and repairing At the request of Mr. KIRK, the name activities of the Department of De- critical communications services to of the Senator from California (Mrs. fense, for military construction, and first responders and communities.

VerDate Sep 11 2014 04:38 May 27, 2016 Jkt 059060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.027 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3295 The SANDy Act is an important step SEC. 3. PILOT AUTHORITY FOR RESTORATION OF forest land under paragraph (3), the Sec- FEDERAL FOREST LAND BY INDIAN retary concerned and the Indian tribe mak- toward better protecting and pre- TRIBES. serving vital communications net- ing the request shall— (a) IN GENERAL.—Section 305 of the Na- ‘‘(A) provide for continued public access works when disaster strikes. I urge my tional Indian Forest Resources Management and recreation applicable to the Federal for- colleagues to support this legislation. Act (25 U.S.C. 3104) is amended by adding at est land as in existence prior to the agree- the end the following: ment, except that the Secretary concerned ‘‘(c) INCLUSION OF CERTAIN NATIONAL FOR- By Mr. DAINES: may limit or prohibit that access only for EST SYSTEM LAND AND PUBLIC LAND.— S. 3014. A bill to improve the manage- the purpose of— ‘‘(1) PURPOSES.—The purposes of this sub- ‘‘(i) protecting human safety; or ment of Indian forest land, and for section are— ‘‘(ii) preventing harm to natural resources; other purposes; to the Committee on ‘‘(A) to maximize the effective manage- ‘‘(B) continue sharing revenue generated Indian Affairs. ment of Federal forest land and to assist in by the Federal forest land with State and the restoration of that land in accordance Mr. DAINES. Mr. President, I ask local governments on the terms applicable to with the principles of sustained yield; and unanimous consent that the text of the the Federal forest land prior to the agree- ‘‘(B) to reduce insect, disease, or wildfire bill be printed in the RECORD. ment, including, as applicable— risk to communities, municipal water sup- ‘‘(i) 25-percent payments under the Secure There being no objection, the text of plies, and other at-risk Federal land by pro- Rural Schools and Community Self-Deter- the bill was ordered to be printed in viding for the implementation by Indian mination Act of 2000 (16 U.S.C. 7101 et seq.); the RECORD, as follows: tribes of forest restoration projects. or ‘‘(2) DEFINITIONS.—In this subsection: S. 3014 ‘‘(ii) 50-percent payments under the Act of ‘‘(A) FEDERAL FOREST LAND.— Be it enacted by the Senate and House of Rep- August 28, 1937 (43 U.S.C. 1181a et seq.); ‘‘(i) IN GENERAL.—The term ‘Federal forest ‘‘(C) comply with applicable prohibitions resentatives of the United States of America in land’ means— on the export of unprocessed logs harvested Congress assembled, ‘‘(I) National Forest System land; and from the Federal forest land; SECTION 1. SHORT TITLE. ‘‘(II) public lands (as defined in section 103 ‘‘(D) recognize all right-of-way agreements This Act may be cited as the ‘‘Tribal For- of the Federal Land Policy and Management in place on Federal forest land as in exist- estry Participation and Protection Act of Act of 1976 (43 U.S.C. 1702)), including— ence prior to the commencement of tribal 2016’’. ‘‘(aa) Coos Bay Wagon Road Grant land re- management activities; SEC. 2. PROTECTION OF TRIBAL FOREST ASSETS conveyed to the United States pursuant to ‘‘(E) ensure that any county road within THROUGH USE OF STEWARDSHIP the first section of the Act of February 26, the Federal forest land as in existence prior END RESULT CONTRACTING AND 1919 (40 Stat. 1179, chapter 47); and to the agreement is not adversely impacted; OTHER AUTHORITIES. ‘‘(bb) Oregon and California Railroad Grant and (a) PROMPT CONSIDERATION OF TRIBAL RE- land. ‘‘(F) ensure that all commercial timber re- QUESTS.—Section 2(b) of the Tribal Forest ‘‘(ii) EXCLUSIONS.—The term ‘Federal for- moved from the Federal forest land is sold on Protection Act of 2004 (25 U.S.C. 3115a(b)) is est land’ does not include— a competitive bid basis. amended— ‘‘(I) a component of the National Wilder- ‘‘(5) PROMPT CONSIDERATION OF TRIBAL RE- (1) in paragraph (1), by striking ‘‘Not later ness Preservation System; QUESTS.—Not later than 180 days after the than 120 days after the date on which an In- ‘‘(II) a component of the National Wild and date on which the Secretary receives a re- dian tribe submits to the Secretary’’ and in- Scenic Rivers System; quest from an Indian tribe under paragraph serting ‘‘In response to the submission by an ‘‘(III) a congressionally designated wilder- (3)(A), the Secretary shall— Indian tribe to the Secretary of’’; and ness study area; or ‘‘(A) approve or deny the request; and (2) by adding at the end the following: ‘‘(IV) an inventoried roadless area within ‘‘(B) if the Secretary approves the request, ‘‘(4) TIME PERIODS FOR CONSIDERATION.— the National Forest System. begin exercising the authority under that ‘‘(A) INITIAL RESPONSE.—Not later than 90 ‘‘(B) FOREST LAND MANAGEMENT ACTIVI- paragraph. days after the date on which the Secretary TIES.—The term ‘forest land management ac- ‘‘(6) CONSULTATION.—To the extent con- receives a tribal request under paragraph (1), tivities’ means activities performed in the sistent with the laws governing the adminis- the Secretary shall provide an initial re- management of Indian forest land described tration of public lands (as defined in section sponse to the Indian tribe regarding whether in subparagraphs (C), (D), and (E) of section 103 of the Federal Land Policy and Manage- the request may meet the selection criteria 304(4). ment Act of 1976 (43 U.S.C. 1702)), the Sec- described in subsection (c). ‘‘(C) SECRETARY CONCERNED.—The term retary concerned shall consult with each ‘‘(B) NOTICE OF DENIAL.—A notice under ‘Secretary concerned’ means— State and unit of local government within subsection (d) of the denial of a tribal re- ‘‘(i) the Secretary of Agriculture, with re- which Federal forest land is located— quest under paragraph (1) shall be provided spect to the Federal forest land referred to in ‘‘(A) before entering into an agreement to to the Indian tribe by not later than 1 year subparagraph (A)(i)(I); and treat the Federal forest land as Indian forest after the date on which the Secretary re- ‘‘(ii) the Secretary of the Interior, with re- land under paragraph (3); and ceives the request. spect to the Federal forest land referred to in ‘‘(B) with respect to an agreement de- ‘‘(C) COMPLETION.—Not later than 2 years subparagraph (A)(i)(II). scribed in subparagraph (A), in planning and after the date on which the Secretary re- ‘‘(3) AUTHORITY.— conducting forest land management activi- ceives a tribal request under paragraph (1), ‘‘(A) IN GENERAL.—At the request of an In- ties under this section. other than a tribal request denied under sub- dian tribe, the Secretary concerned may ‘‘(7) FOREST MANAGEMENT PLANS.—All for- section (d), the Secretary shall— treat Federal forest land as Indian forest est land management activities under this ‘‘(i) complete all environmental reviews land for purposes of planning and conducting subsection on National Forest System land necessary in connection with the agreement forest land management activities under this shall be consistent with the applicable forest or contract and proposed activities under the section if the Federal forest land is located plan. agreement or contract; and within, or mostly within, a geographical ‘‘(8) LIMITATIONS.—The treatment of Fed- ‘‘(ii) enter into the agreement or contract area that presents a feature or involves cir- eral forest land as Indian forest land for pur- with the Indian tribe in accordance with cumstances principally relevant to that In- poses of planning and conducting manage- paragraph (2).’’. dian tribe, such as Federal forest land— ment activities pursuant to paragraph (3)— (b) CONFORMING AND TECHNICAL AMEND- ‘‘(i) ceded to the United States by treaty or ‘‘(A) shall not be considered to designate MENTS.—Section 2 of the Tribal Forest Pro- other agreement with that Indian tribe; the Federal forest land as Indian forest land tection Act of 2004 (25 U.S.C. 3115a) is amend- ‘‘(ii) within the boundaries of a current or for any other purpose; and ed— former reservation of that Indian tribe; or ‘‘(B) shall be in accordance with all rel- (1) in subsections (b)(1) and (f)(1), by strik- ‘‘(iii) adjudicated by the Indian Claims evant Federal laws applicable to Federal for- ing ‘‘section 347 of the Department of the In- Commission or a Federal court to be the est land, including— terior and Related Agencies Appropriations tribal homeland of that Indian tribe. ‘‘(i) the National Environmental Policy Act, 1999 (16 U.S.C. 2104 note; Public Law 105– ‘‘(B) MANAGEMENT.—Federal forest land Act of 1969 (42 U.S.C. 4321 et seq.); 277) (as amended by section 323 of the De- treated as Indian forest land for purposes of ‘‘(ii) the Endangered Species Act of 1973 (16 partment of the Interior and Related Agen- planning and conducting management ac- U.S.C. 1531 et seq.); cies Appropriations Act, 2003 (117 Stat. 275))’’ tivities pursuant to subparagraph (A) shall— ‘‘(iii) the Federal Water Pollution Control each place it appears and inserting ‘‘section ‘‘(i) be managed exclusively under this Act; Act (33 U.S.C. 1251 et seq.); and 604 of the Healthy Forests Restoration Act of and ‘‘(iv) the Clean Air Act (42 U.S.C. 7401 et 2003 (16 U.S.C. 6591c)’’; and ‘‘(ii) remain under the ownership of the seq.). (2) in subsection (d), in the matter pre- Federal agency that owned the Federal for- ‘‘(9) APPLICABILITY OF NEPA.—The execu- ceding paragraph (1), by striking ‘‘subsection est land on the day before the date of enact- tion of, but not the decision to enter into, an (b)(1), the Secretary may’’ and inserting ment of this subsection. agreement to treat Federal forest land as In- ‘‘paragraphs (1) and (4)(B) of subsection (b), ‘‘(4) REQUIREMENTS.—As part of an agree- dian forest land under paragraph (3) shall the Secretary shall’’. ment to treat Federal forest land as Indian constitute a Federal action for purposes of

VerDate Sep 11 2014 04:38 May 27, 2016 Jkt 059060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.046 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3296 CONGRESSIONAL RECORD — SENATE May 26, 2016 the National Environmental Policy Act of means to try to delay the presidential elec- (1) condemns— 1969 (42 U.S.C. 4321 et seq.). tion, including— (A) actions by the Government of DRC to ‘‘(10) TERMINATION OF AUTHORITY.—The au- (1) by trying unsuccessfully to persuade subvert the Constitution of DRC and under- thority provided by this subsection termi- the Parliament of DRC— mine democracy, including the arrest and nates on the date that is 10 years after the (A) to change the Constitution of DRC to detention of civil society activists (such as date of enactment of this subsection.’’. allow him to run for a third term; and Fred Bauma and Yves Makwambala), the (B) to pass a law requiring a multiyear (b) EFFECT.—Nothing in this section or an harassment of political opponents, and its ef- census in advance of the presidential elec- amendment made by this section— forts to close political space and punish tion, which was widely seen as an attempt to (1) prohibits, restricts, or otherwise ad- peaceful dissent; versely affects any permit, lease, or similar delay elections to allow President Kabila to (B) the failure of the Government of DRC agreement in effect on or after the date of remain in power. to take timely necessary measures to orga- enactment of this Act for the use of Federal (2) by failing to pass timely election laws nize free and fair national elections; and land for the purpose of recreation, utilities, or release authorized election funding to the logging, mining, oil, gas, grazing, water Independent National Elections Commission; (C) violations of human rights and inter- rights, or any other purpose; (3) by declaring that it will take the Gov- national humanitarian law committed by se- (2) negatively impacts private land; or ernment of DRC between 16 and 18 months to curity forces of the Government of DRC; (3) prohibits, restricts, or otherwise ad- revise the voter rolls; and (2) reaffirms its support for democracy and versely affects the authority, jurisdiction, or (4) by enforcing nondemocratic and good-governance in sub-Saharan Africa that responsibility of a State to manage, control, nonparticipatory restrictions that limit the are free from political repression and abuses or regulate under State law fish and wildlife ability of the political opposition to partici- of human rights; on land or in water in the State, including pate in the political process and the role of (3) calls on President Kabila’s govern- on Federal public land. civil society in DRC; ment— Whereas mass popular demonstrations con- (A) to publicly and unequivocally commit SEC. 4. TRIBAL FOREST MANAGEMENT DEM- vinced President Kabila to drop efforts to ONSTRATION PROJECT. to complete a peaceful transfer of presi- pass a law requiring a census in January The Secretary of the Interior and the Sec- dential power upon the expiration of his 2015, but not before security forces had killed retary of Agriculture may carry out dem- at least 36 protesters and jailed hundreds mandate on December 19, 2016; and onstration projects pursuant to which feder- more; (B) to adhere to the Constitution of DRC ally recognized Indian tribes or tribal orga- Whereas Congolese security and intel- and relinquish power at the end of his term nizations may enter into contracts to carry ligence officials have arrested, harassed, and on December 19, 2016; out administrative, management, and other detained peaceful activists, members of civil (4) calls on the President of the United functions under the Tribal Forest Protection society, political leaders, and others who op- States— Act of 2004 (25 U.S.C. 3115a et seq.), through pose President Kabila’s effort to unconsti- (A) in coordination with regional and contracts entered into under the Indian Self- tutionally remain in power after the expira- international partners and the United Na- Determination and Education Assistance Act tion of his current term; tions, to impose targeted sanctions on those (25 U.S.C. 450 et seq.). Whereas President Obama spoke with officials of the Government of DRC who are SEC. 5. FUNDING. President Kabila on March 15, 2015, and ‘‘em- responsible for violence and human rights The Secretary of the Interior and the Sec- phasized the importance of timely, credible, violations and undermining the democratic retary of Agriculture shall use to carry out and peaceful elections that respect the Con- processes or institutions in DRC, including this Act and amendments made by this Act stitution of DRC and protect the rights of all visa bans and asset freezes under Executive such amounts as are necessary from other DRC citizens’’; Order 13671 (79 Fed. Reg. 39947), based on ac- amounts available to the Secretary of the In- Whereas observers view President Kabila’s tions that ‘‘undermine democratic processes terior or the Secretary of Agriculture, re- renewed call for a National Dialogue as an- spectively, that are not otherwise obligated. or institutions,’’ or that ‘‘threaten the other attempt to delay the elections and dis- peace, security, or stability’’ of DRC; and tract from the constitutional requirement f (B) to consider lifting the sanctions de- for a democratic succession of the presidency scribed in subparagraph (A) when the Presi- SUBMITTED RESOLUTIONS later this year; Whereas international and domestic dent determines that— human rights groups have consistently re- (i) President Kabila— SENATE RESOLUTION 479—URGING ported on the worsening of the human rights (I) has publicly and unequivocally stated THE GOVERNMENT OF THE situation in DRC, including— that he will complete a peaceful transfer of presidential power upon the expiration of his DEMOCRATIC REPUBLIC OF THE (1) the use of excessive force by security forces against peaceful demonstrators; and mandate on December 19, 2016; CONGO TO COMPLY WITH CON- (2) an increase in politically motivated (II) has made verified progress toward or- STITUTIONAL LIMITS ON PRESI- trials; ganizing and holding timely free and fair na- DENTIAL TERMS AND FULFILL Whereas the United Nations Organization tional elections in accordance with the Con- ITS CONSTITUTIONAL MANDATE Stabilization Mission in the Democratic Re- stitution of DRC; and FOR A DEMOCRATIC TRANSITION public of the Congo has registered more than (III) is respecting human and political OF POWER IN 2016 312 human rights violations committed by rights for the opposition and civil society; or officials of the Government of DRC between (ii) a free and fair presidential election has Mr. MARKEY (for himself, Mr. DUR- January 2015 and January 2016, most of been held in DRC, in accordance with the BIN, and Mr. MURPHY) submitted the which targeted political opponents, civil so- Constitution of DRC, and a new President ciety, and journalists; following resolution; which was re- has been sworn into office in DRC; Whereas the Government of DRC issued an ferred to the Committee on Foreign (5) calls on the Secretary of State, the Sec- arrest warrant for what appear to be politi- Relations: retary of Defense, and the Administrator of cally motivated charges against a leading S. RES. 479 opposition figure the week after he declared the United States Agency for International Whereas the United States and the Demo- his intent to run for President, and other po- Development to review all United States as- cratic Republic of the Congo (‘‘DRC’’) have a litical activists remain in jail; sistance to DRC, including security and eco- history of partnership grounded in economic Whereas on March 30, 2016, the United Na- nomic assistance, to ensure that such assist- investment and mutual interests in security tions Security Council unanimously adopted ance is not being used to support President and stability, and marked by efforts to ad- Resolution 2277, which— Kabila’s efforts to remain in power; and dress the protracted humanitarian crisis fac- (1) expresses deep concern with— (6) calls on the Secretary of State and the ing the country; (A) ‘‘the delays in the preparation of the Administrator of the United States Agency Whereas in 2006, DRC adopted a new con- presidential elections’’ in DRC; and for International Development— stitution with a provision limiting the Presi- (B) ‘‘increased restrictions of the political (A) to continue providing financial and dent to 2 consecutive terms; space in the DRC’’; and technical assistance to support the orga- Whereas in 2006, Joseph Kabila was elected (2) calls for ensuring ‘‘the successful and nizing of free, fair, and peaceful national President in what was widely viewed as a timely holding of elections, in particular elections, and support the inclusion and civic free and fair election; presidential and legislative elections on No- education of youth, women, and rural popu- Whereas many respected international ob- vember 2016, in accordance with the Con- lations; and servers concluded that President Kabila’s re- stitution’’: (B) to ensure the continuance of United election in 2011 was deeply flawed; Whereas President Kabila’s refusal to pub- Whereas President Kabila’s second term licly affirm that he will step down when his States assistance that is delivered through and constitutional mandate to serve as constitutional mandate expires has caused national and international nongovernmental President of DRC ends on December 19, 2016; growing political tension, unrest, and vio- organizations, particularly assistance in sup- Whereas, for the past 2 years, President lence across DRC: Now, therefore, be it port of improved democracy and governance Kabila has used administrative and technical Resolved, That the Senate— and humanitarian needs.

VerDate Sep 11 2014 04:38 May 27, 2016 Jkt 059060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.029 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3297 SENATE RESOLUTION 480—SUP- chance to promote mental health wellness, T. Mink, the first woman of color and the PORTING THE DESIGNATION OF to ensure access to services, and to improve first Asian American woman to be elected to MAY 2016 AS ‘‘MENTAL HEALTH the quality of life of individuals living with Congress, Hiram L. Fong, the first Asian MONTH’’ mental illness. American Senator, Daniel K. Akaka, the f first Senator of Native Hawaiian ancestry, Mr. CASSIDY (for himself, Mr. MUR- Norman Y. Mineta, the first Asian American PHY, Mr. ALEXANDER, and Mrs. MUR- SENATE RESOLUTION 481—RECOG- member of a presidential cabinet, Elaine L. RAY) submitted the following resolu- NIZING THE SIGNIFICANCE OF Chao, the first Asian American woman mem- tion; which was considered and agreed MAY 2016 AS ASIAN/PACIFIC ber of a presidential cabinet, Mee Moua, the to: AMERICAN HERITAGE MONTH first Hmong American elected to a State leg- islature, and others have made significant S. RES. 480 AND AS AN IMPORTANT TIME TO CELEBRATE THE SIGNIFICANT contributions in both the Government and Whereas mental health and the emotional military of the United States; well-being of individuals in the United CONTRIBUTIONS OF ASIAN Whereas the year 2016 marks several im- States are foundational issues that affect in- AMERICANS AND PACIFIC IS- portant milestones for the Asian American dividual, family, and community quality of LANDERS TO THE HISTORY OF and Pacific Islander community, including— life and economic prosperity; THE UNITED STATES (1) the 115th anniversary of the arrival of Whereas studies note that individuals with Peter Ryu, the first Korean immigrant in Ms. HIRONO (for herself, Mr. REID, serious mental illness die, on average, 25 the United States; years earlier than individuals in the general Mr. FRANKEN, Mr. CASEY, Mrs. MUR- (2) the 95th anniversary of the first premier population; RAY, Mr. KIRK, Mr. MENENDEZ, Mrs. in a United States film of an Asian American Whereas individuals with mental illness, FEINSTEIN, Mr. SCHATZ, Mr. MARKEY, woman, Anna May Wong, in ‘‘Bits of Life’’; behavioral health disorders, or co-occurring Ms. KLOBUCHAR, Ms. CANTWELL, Mr. (3) the 70th anniversary of the passage of substance use disorders can recover through the amendments made by the Act of July 2, treatment that includes psychosocial ther- CARDIN, Mr. BROWN, Mr. KAINE, Mr. DURBIN, Mr. WYDEN, Mr. HELLER, Mr. 1946 (commonly known as the ‘‘Luce–Cellar apy, clinical treatment, and peer support, Act of 1946’’) (60 Stat. 416, chapter 534), which GARDNER, Mr. BENNET, Ms. MURKOWSKI, alone or in combination with behavioral, allowed Filipinos and Indians to immigrate psychiatric, psychological, or integrated Mr. BOOKER, Mr. SCHUMER, Ms. WAR- to the United States and become naturalized medical services; REN, and Mr. MERKLEY) submitted the United States citizens; Whereas prevention strategies can prevent following resolution; which was consid- (4) the 70th anniversary of the passage of or delay the onset of many mental health ered and agreed to: the First Supplemental Surplus Appropria- conditions; S. RES. 481 tion Rescission Act of 1946 (60 Stat. 6, chap- Whereas recovery-oriented interventions ter 30), which stripped military benefits from Whereas the people of the United States such as supported employment, supported Filipino World War II veterans in the service join together each May to pay tribute to the housing, and supported education have been of the United States Armed Forces; shown to improve outcomes for individuals contributions of generations of Asian Ameri- (5) the 60th anniversary of the election to with mental illness; cans and Pacific Islanders who have enriched the House of Representatives of Dalip Singh Whereas mental illness impacts individuals the history of the United States; Saund, the first Asian American, first Indian across the United States and in every walk Whereas the history of Asian Americans American, and first Sikh American elected of life; and Pacific Islanders in the United States is to Congress; Whereas nearly 44,000,000 adults in the inextricably tied to the story of the United (6) the 40th anniversary of the election to United States live with mental illness and 20 States; the Senate of Dr. Samuel Ichiye Hayakawa, percent of children and adolescents have a Whereas the Asian American and Pacific the first Asian American elected to the Sen- diagnosable mental health disorder; Islander community is an inherently diverse ate from a mainland State; Whereas 1 in 25 individuals in the United population, comprised of more than 45 dis- (7) the 40th anniversary of Presidential States has lived with a serious mental ill- tinct ethnicities and more than 100 language Proclamation 4417, dated February 19, 1976 ness, such as schizophrenia, bipolar disorder, dialects; (41 Fed. Reg. 7741), in which President Gerald or major depression; Whereas, according to the Bureau of the Ford formally rescinded Executive Order 9066 Whereas approximately 1⁄2 of students age Census, the Asian American population grew (7 Fed. Reg. 1407; relating to authorizing the 14 or older with a mental illness drop out of at a faster rate than any other racial or eth- Secretary of War to prescribe military areas) school and 70 percent of adolescents in the nic group in the United States during the and condemned the incarceration of United juvenile justice system have a mental ill- last decade, surging nearly 46 percent be- States citizens and lawful permanent resi- ness; tween 2000 and 2010, a growth rate that is 4 dents of Japanese ancestry during World War Whereas the average delay from the onset times the rate of the total population of the II; of symptoms of mental illness to therapeutic United States; (8) the 40th anniversary of the completion intervention for teens is between 8 and 10 Whereas, according to the 2010 decennial of the double-hulled voyaging canoe, years; census, there are approximately 17,300,000 Hokule’a, marking the first traditional Poly- Whereas suicide is the 10th-leading cause residents of the United States who identify nesian voyaging canoe built in Hawaii in of death in the United States and leads to themselves as Asian and approximately over 600 years; the death of more than 41,000 individuals in 1,200,000 residents of the United States who (9) the 30th anniversary of the granting of the United States each year; identify themselves as Native Hawaiian or United States citizenship to the Chamorros Whereas negative perception and stigma other Pacific Islander, making up approxi- and Carolinians of the Northern Mariana Is- continue to be associated with mental ill- mately 5.5 percent and 0.4 percent, respec- lands; and ness, which contributes to individuals not tively, of the total population of the United (10) the 20th anniversary of the election as seeking needed care; States; the Governor of the State of Washington of Whereas nearly 15 percent of men and 31 Whereas the month of May was selected for Gary Locke, the first Asian American elect- percent of women in jails have a serious Asian/Pacific American Heritage Month be- ed as a Governor of a mainland State; mental illness, such as schizophrenia, major cause the first immigrants from Japan ar- Whereas, in 2016, family members of Fili- depression, or bipolar disorder; and rived in the United States on May 7, 1843, pino World War II veterans became eligible Whereas it would be appropriate to observe and the first transcontinental railroad was to apply for immigration benefits to come to May 2016 as ‘‘Mental Health Month’’: Now, completed on May 10, 1869, with substantial the United States to be reunited with their therefore, be it contributions from immigrants from China; aging Filipino veteran family members who Resolved, That the Senate— Whereas section 102 of title 36, United are United States citizens and lawful perma- (1) supports the designation of ‘‘Mental States Code, officially designates May as nent residents; Health Month’’ to reduce the stigma associ- Asian/Pacific American Heritage Month and Whereas, in 2016, the Congressional Asian ated with mental illness and to encourage in- requests that the President issue an annual Pacific American Caucus, a bicameral cau- dividuals to seek care; proclamation calling on the people of the cus of Members of Congress advocating on (2) recognizes that mental well-being is United States to observe Asian/Pacific Amer- behalf of Asian Americans and Pacific Is- critically important and linked to the well- ican Heritage Month with appropriate pro- landers, is composed of 51 Members, includ- being of individuals, communities, and the grams, ceremonies, and activities; ing 13 Members of Asian or Pacific Islander economy in the United States; Whereas Asian Americans and Pacific Is- descent; (3) supports the integration of national and landers, such as Daniel K. Inouye, a Medal of Whereas, in 2016, Asian Americans and Pa- local community efforts to promote public Honor and Presidential Medal of Freedom re- cific Islanders are serving in State and terri- awareness of mental health and to support cipient who as President Pro Tempore of the torial legislatures across the United States individuals and families affected by mental Senate was the highest-ranking Asian Amer- in record numbers, including the States of illness; and ican government official in United States Alaska, Arizona, California, Colorado, Con- (4) encourages the people of the United history, Dalip Singh Saund, the first Asian necticut, Georgia, Hawaii, Idaho, Maryland, States to view ‘‘Mental Health Month’’ as a American elected to serve in Congress, Patsy Massachusetts, Michigan, Minnesota, New

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Hampshire, New Jersey, New York, North MARKEY, Mr. MURPHY, Mr. REED, Mrs. to the bill S. 2943, supra; which was ordered Carolina, Ohio, Oklahoma, Pennsylvania, BOXER, and Mr. HEINRICH) submitted an to lie on the table. Tennessee, Texas, Utah, Vermont, Virginia, amendment intended to be proposed by him SA 4264. Mr. COCHRAN submitted an Washington, West Virginia, and the terri- to the bill S. 2943, supra; which was ordered amendment intended to be proposed by him tories of American Samoa, Guam, and the to lie on the table. to the bill S. 2943, supra; which was ordered Commonwealth of the Northern Mariana Is- SA 4246. Mrs. FEINSTEIN submitted an to lie on the table. lands; amendment intended to be proposed by her SA 4265. Mr. COCHRAN submitted an Whereas the number of Federal judges who to the bill S. 2943, supra; which was ordered amendment intended to be proposed by him are Asian Americans or Pacific Islanders to lie on the table. to the bill S. 2943, supra; which was ordered doubled between 2001 and 2008 and more than SA 4247. Mr. DAINES (for himself, Mr. to lie on the table. tripled between 2009 and 2015, reflecting a HOEVEN, and Mr. TESTER) submitted an SA 4266. Mr. COCHRAN submitted an commitment to diversity in the Federal judi- amendment intended to be proposed by him amendment intended to be proposed by him ciary that has resulted in the confirmations to the bill S. 2943, supra; which was ordered to the bill S. 2943, supra; which was ordered of high-caliber Asian American and Pacific to lie on the table. to lie on the table. Islander judicial nominees; SA 4248. Ms. HEITKAMP submitted an SA 4267. Mr. COCHRAN submitted an Whereas there remains much to be done to amendment intended to be proposed by her amendment intended to be proposed by him ensure that Asian Americans and Pacific Is- to the bill S. 2943, supra; which was ordered to the bill S. 2943, supra; which was ordered landers have access to resources and a voice to lie on the table. to lie on the table. SA 4268. Mr. COCHRAN submitted an in the Government of the United States and SA 4249. Ms. HEITKAMP (for herself and amendment intended to be proposed by him continue to advance in the political land- Mr. BOOZMAN) submitted an amendment in- to the bill S. 2943, supra; which was ordered scape of the United States; and tended to be proposed by her to the bill S. to lie on the table. Whereas celebrating Asian/Pacific Amer- 2943, supra; which was ordered to lie on the SA 4269. Mr. COCHRAN submitted an ican Heritage Month provides the people of table. amendment intended to be proposed by him the United States with an opportunity to SA 4250. Mrs. SHAHEEN (for herself, Mr. to the bill S. 2943, supra; which was ordered recognize the achievements, contributions, MCCAIN, Mr. REED, and Mr. TILLIS) sub- mitted an amendment intended to be pro- to lie on the table. and history of Asian Americans and Pacific SA 4270. Mr. COCHRAN submitted an Islanders, and to appreciate the challenges posed by her to the bill S. 2943, supra; which was ordered to lie on the table. amendment intended to be proposed by him faced by Asian Americans and Pacific Island- to the bill S. 2943, supra; which was ordered ers: Now, therefore, be it SA 4251. Mr. DAINES (for himself, Mr. TESTER, Mr. RUBIO, Mr. PORTMAN, and Mr. to lie on the table. Resolved, That the Senate— SA 4271. Mr. COTTON submitted an amend- (1) recognizes the significance of May 2016 BURR) submitted an amendment intended to be proposed by him to the bill S. 2943, supra; ment intended to be proposed by him to the as Asian/Pacific American Heritage Month bill S. 2943, supra; which was ordered to lie and as an important time to celebrate the which was ordered to lie on the table. SA 4252. Mr. TESTER submitted an amend- on the table. significant contributions of Asian Americans SA 4272. Mrs. SHAHEEN submitted an ment intended to be proposed by him to the and Pacific Islanders to the history of the amendment intended to be proposed by her bill S. 2943, supra; which was ordered to lie United States; and to the bill S. 2943, supra; which was ordered (2) recognizes that the Asian American and on the table. SA 4253. Mrs. SHAHEEN (for herself and to lie on the table. Pacific Islander community enhances the SA 4273. Mrs. SHAHEEN submitted an Mr. VITTER) submitted an amendment in- rich diversity of and strengthens the United amendment intended to be proposed by her tended to be proposed by her to the bill S. States. to the bill S. 2943, supra; which was ordered 2943, supra; which was ordered to lie on the f to lie on the table. table. SA 4274. Mr. MENENDEZ (for himself and SA 4254. Mr. WYDEN (for himself, Mr. AMENDMENTS SUBMITTED AND Mr. BOOKER) submitted an amendment in- PAUL, and Mr. MERKLEY) submitted an PROPOSED tended to be proposed by him to the bill S. amendment intended to be proposed by him 2943, supra; which was ordered to lie on the SA 4237. Mr. INHOFE (for himself, Mr. to the bill S. 2943, supra; which was ordered table. DONNELLY, Mr. HATCH, Mr. KAINE, and Mr. to lie on the table. SA 4275. Mr. MENENDEZ submitted an ROUNDS) submitted an amendment intended SA 4255. Mr. REID (for Mr. BLUMENTHAL amendment intended to be proposed by him to be proposed by him to the bill S. 2943, to (for himself, Mrs. MURRAY, Mr. FRANKEN, to the bill S. 2943, supra; which was ordered authorize appropriations for fiscal year 2017 Mrs. GILLIBRAND, Mr. BROWN , Mr. SANDERS, to lie on the table. for military activities of the Department of Mr. LEAHY, Ms. BALDWIN, Mr. MERKLEY, Mr. SA 4276. Mr. LEE (for himself, Mr. CRUZ, Defense, for military construction, and for REED, and Mrs. BOXER)) submitted an amend- Mr. INHOFE, Mr. ROUNDS, Mr. SASSE, and Mr. defense activities of the Department of En- ment intended to be proposed by Mr. Reid to WICKER) submitted an amendment intended ergy, to prescribe military personnel the bill S. 2943, supra; which was ordered to to be proposed by him to the bill S. 2943, strengths for such fiscal year, and for other lie on the table. supra; which was ordered to lie on the table. purposes; which was ordered to lie on the SA 4256. Mr. REID (for Mr. BLUMENTHAL) SA 4277. Mr. LEE submitted an amendment table. submitted an amendment intended to be pro- intended to be proposed by him to the bill S. SA 4238. Mr. PERDUE submitted an posed by Mr. Reid to the bill S. 2943, supra; 2943, supra; which was ordered to lie on the amendment intended to be proposed by him which was ordered to lie on the table. table. to the bill S. 2943, supra; which was ordered SA 4257. Mr. HELLER (for himself and Mr. SA 4278. Mr. SCHATZ submitted an amend- to lie on the table. CASEY) submitted an amendment intended to ment intended to be proposed by him to the SA 4239. Mr. LANKFORD submitted an be proposed by him to the bill S. 2943, supra; bill S. 2943, supra; which was ordered to lie amendment intended to be proposed by him which was ordered to lie on the table. on the table. to the bill S. 2943, supra; which was ordered SA 4258. Mr. PORTMAN submitted an SA 4279. Mr. SCHATZ submitted an amend- to lie on the table. amendment intended to be proposed by him ment intended to be proposed by him to the SA 4240. Mr. LANKFORD submitted an to the bill S. 2943, supra; which was ordered bill S. 2943, supra; which was ordered to lie amendment intended to be proposed by him to lie on the table. on the table. to the bill S. 2943, supra; which was ordered SA 4259. Mr. PORTMAN submitted an SA 4280. Mr. SCHATZ submitted an amend- to lie on the table. amendment intended to be proposed by him ment intended to be proposed by him to the SA 4241. Mr. MARKEY submitted an to the bill S. 2943, supra; which was ordered bill S. 2943, supra; which was ordered to lie amendment intended to be proposed by him to lie on the table. on the table. to the bill S. 2943, supra; which was ordered SA 4260. Mr. DAINES (for himself, Mr. SA 4281. Ms. HIRONO (for herself and Mr. to lie on the table. MCCAIN, Mr. CARDIN, Mrs. ERNST, Ms. MIKUL- WYDEN) submitted an amendment intended SA 4242. Mr. PETERS submitted an amend- SKI, Mr. BLUMENTHAL, Mr. GARDNER, Mr. to be proposed by her to the bill S. 2943, ment intended to be proposed by him to the BENNET, and Mr. WARNER) submitted an supra; which was ordered to lie on the table. bill S. 2943, supra; which was ordered to lie amendment intended to be proposed by him SA 4282. Ms. HIRONO submitted an amend- on the table. to the bill S. 2943, supra; which was ordered ment intended to be proposed by her to the SA 4243. Mr. PORTMAN submitted an to lie on the table. bill S. 2943, supra; which was ordered to lie amendment intended to be proposed by him SA 4261. Mr. PORTMAN submitted an on the table. to the bill S. 2943, supra; which was ordered amendment intended to be proposed by him SA 4283. Mr. REID (for Mr. BLUMENTHAL to lie on the table. to the bill S. 2943, supra; which was ordered (for himself and Mr. DURBIN)) submitted an SA 4244. Mr. REED submitted an amend- to lie on the table. amendment intended to be proposed by Mr. ment intended to be proposed by him to the SA 4262. Mr. KIRK submitted an amend- REID to the bill S. 2943, supra; which was or- bill S. 2943, supra; which was ordered to lie ment intended to be proposed by him to the dered to lie on the table. on the table. bill S. 2943, supra; which was ordered to lie SA 4284. Mr. REID (for Mr. BLUMENTHAL) SA 4245. Mr. BROWN (for himself, Mr. DUR- on the table. submitted an amendment intended to be pro- BIN, Ms. WARREN, Mr. BLUMENTHAL, Mrs. SA 4263. Mr. GARDNER submitted an posed by Mr. REID to the bill S. 2943, supra; MURRAY, Mr. FRANKEN, Mr. CARPER, Mr. amendment intended to be proposed by him which was ordered to lie on the table.

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SA 4285. Mr. KIRK submitted an amend- SA 4306. Mr. INHOFE (for himself, Mr. MER, and Mr. REID) submitted an amendment ment intended to be proposed by him to the CRUZ, Mr. ROUNDS, Mr. COTTON, Mr. HATCH, intended to be proposed by him to the bill S. bill S. 2943, supra; which was ordered to lie Mr. TILLIS, Mr. RUBIO, Mr. MORAN, Mr. 2943, supra; which was ordered to lie on the on the table. THUNE, Mr. ISAKSON, Mr. LANKFORD, Mr. SES- table. SA 4286. Mr. CORNYN (for himself and Mr. SIONS, and Mrs. ERNST) submitted an amend- SA 4321. Mr. SCHATZ submitted an amend- BOOZMAN) submitted an amendment intended ment intended to be proposed by him to the ment intended to be proposed by him to the to be proposed by him to the bill S. 2943, bill S. 2943, supra; which was ordered to lie bill S. 2943, supra; which was ordered to lie supra; which was ordered to lie on the table. on the table. on the table. SA 4287. Mr. TILLIS submitted an amend- SA 4307. Mr. JOHNSON (for himself, Mr. SA 4322. Mr. TESTER submitted an amend- ment intended to be proposed by him to the LEAHY, Ms. MURKOWSKI, and Mr. SCHUMER) ment intended to be proposed by him to the bill S. 2943, supra; which was ordered to lie submitted an amendment intended to be pro- bill S. 2943, supra; which was ordered to lie on the table. posed by him to the bill S. 2943, supra; which on the table. SA 4288. Mr. KIRK submitted an amend- was ordered to lie on the table. SA 4323. Ms. COLLINS submitted an ment intended to be proposed by him to the SA 4308. Mr. CORNYN submitted an amendment intended to be proposed by her bill S. 2943, supra; which was ordered to lie amendment intended to be proposed by him to the bill S. 2943, supra; which was ordered on the table. to the bill S. 2943, supra; which was ordered to lie on the table. SA 4289. Mr. CRUZ (for himself and Mr. to lie on the table. SA 4324. Mr. SCOTT (for himself and Mr. GRAHAM) submitted an amendment intended SA 4309. Mr. CORNYN (for himself, Mr. SASSE) submitted an amendment intended to to be proposed by him to the bill S. 2943, BLUMENTHAL, Mr. KIRK, Mr. COONS, and Mr. be proposed by him to the bill S. 2943, supra; supra; which was ordered to lie on the table. RUBIO) submitted an amendment intended to which was ordered to lie on the table. SA 4290. Mr. INHOFE submitted an amend- be proposed by him to the bill S. 2943, supra; SA 4325. Mr. KIRK submitted an amend- ment intended to be proposed by him to the which was ordered to lie on the table. ment intended to be proposed by him to the bill S. 2943, supra; which was ordered to lie SA 4310. Mrs. GILLIBRAND (for herself, bill S. 2943, supra; which was ordered to lie on the table. Ms. BALDWIN, Mr. WYDEN, Mr. UDALL, Mr. on the table. SA 4291. Mrs. MURRAY submitted an KIRK, Ms. MURKOWSKI, Mr. GRASSLEY, Mr. SA 4326. Mr. RUBIO submitted an amend- amendment intended to be proposed by her PAUL, Mr. BLUMENTHAL, Ms. STABENOW, Mr. ment intended to be proposed by him to the to the bill S. 2943, supra; which was ordered HELLER, Mrs. BOXER, Ms. HIRONO, Mr. VIT- bill S. 2943, supra; which was ordered to lie to lie on the table. TER, Ms. KLOBUCHAR, Mr. BROWN, Ms. WAR- on the table. SA 4292. Mr. CASEY (for himself and Mr. REN, Mr. LEAHY, Mr. DURBIN, Mr. DONNELLY, SA 4327. Mr. THUNE submitted an amend- MORAN) submitted an amendment intended Mr. HEINRICH, Mr. MARKEY, Mr. MENENDEZ, ment intended to be proposed by him to the to be proposed by him to the bill S. 2943, Mr. COONS , Mr. MERKLEY, Mr. FRANKEN, Mr. bill S. 2943, supra; which was ordered to lie supra; which was ordered to lie on the table. CRUZ, Mrs. SHAHEEN, Ms. HEITKAMP, Mr. on the table. SA 4328. Mr. UDALL submitted an amend- SA 4293. Ms. BALDWIN submitted an BOOKER, Mr. SANDERS, Mr. CASEY, Mr. ment intended to be proposed by him to the amendment intended to be proposed by her PETERS, and Mr. SCHUMER) submitted an bill S. 2943, supra; which was ordered to lie to the bill S. 2943, supra; which was ordered amendment intended to be proposed by her on the table. to lie on the table. to the bill S. 2943, supra; which was ordered SA 4329. Mr. UDALL (for himself and Mr. SA 4294. Mr. WYDEN (for himself and Ms. to lie on the table. HEINRICH) submitted an amendment intended HIRONO) submitted an amendment intended SA 4311. Mr. PETERS (for himself, Ms. to be proposed by him to the bill S. 2943, to be proposed by him to the bill S. 2943, HIRONO, and Mr. WYDEN) submitted an supra; which was ordered to lie on the table. supra; which was ordered to lie on the table. amendment intended to be proposed by him SA 4330. Mr. UDALL submitted an amend- SA 4295. Mrs. SHAHEEN (for herself, Mr. to the bill S. 2943, supra; which was ordered ment intended to be proposed by him to the BLUMENTHAL, Mr. MURPHY, Mrs. BOXER, Mrs. to lie on the table. bill S. 2943, supra; which was ordered to lie MURRAY, Mrs. GILLIBRAND, and Ms. HIRONO) SA 4312. Mr. PETERS (for himself, Ms. on the table. submitted an amendment intended to be pro- HIRONO, and Mr. WYDEN) submitted an SA 4331. Mr. UDALL (for himself and Mr. posed by her to the bill S. 2943, supra; which amendment intended to be proposed by him LEE) submitted an amendment intended to was ordered to lie on the table. to the bill S. 2943, supra; which was ordered be proposed by him to the bill S. 2943, supra; SA 4296. Mrs. SHAHEEN submitted an to lie on the table. which was ordered to lie on the table. amendment intended to be proposed by her SA 4313. Mr. PETERS submitted an amend- SA 4332. Mr. UDALL submitted an amend- to the bill S. 2943, supra; which was ordered ment intended to be proposed by him to the ment intended to be proposed by him to the to lie on the table. bill S. 2943, supra; which was ordered to lie bill S. 2943, supra; which was ordered to lie SA 4297. Mr. DONNELLY submitted an on the table. on the table. amendment intended to be proposed by him SA 4314. Mr. PETERS submitted an amend- SA 4333. Mr. UDALL submitted an amend- to the bill S. 2943, supra; which was ordered ment intended to be proposed by him to the ment intended to be proposed by him to the to lie on the table. bill S. 2943, supra; which was ordered to lie bill S. 2943, supra; which was ordered to lie SA 4298. Ms. HIRONO submitted an amend- on the table. on the table. ment intended to be proposed by her to the SA 4315. Mr. PETERS (for himself and Ms. SA 4334. Mr. UDALL submitted an amend- bill S. 2943, supra; which was ordered to lie STABENOW) submitted an amendment in- ment intended to be proposed by him to the on the table. tended to be proposed by him to the bill S. bill S. 2943, supra; which was ordered to lie SA 4299. Mr. MURPHY (for himself and Mr. 2943, supra; which was ordered to lie on the on the table. PAUL) submitted an amendment intended to table. SA 4335. Mrs. MURRAY submitted an be proposed by him to the bill S. 2943, supra; SA 4316. Mr. ROUNDS (for himself and Mr. amendment intended to be proposed by her which was ordered to lie on the table. CASEY) submitted an amendment intended to to the bill S. 2943, supra; which was ordered SA 4300. Mr. MURPHY (for himself and Mr. be proposed by him to the bill S. 2943, supra; to lie on the table. BLUMENTHAL) submitted an amendment in- which was ordered to lie on the table. SA 4336. Mr. BROWN submitted an amend- tended to be proposed by him to the bill S. SA 4317. Ms. HIRONO (for herself, Ms. MUR- ment intended to be proposed by him to the 2943, supra; which was ordered to lie on the KOWSKI, and Ms. CANTWELL) submitted an bill S. 2943, supra; which was ordered to lie table. amendment intended to be proposed by her on the table. SA 4301. Mr. MURPHY submitted an to the bill S. 2943, supra; which was ordered SA 4337. Mr. BOOKER (for himself, Mr. amendment intended to be proposed by him to lie on the table. JOHNSON, Ms. BALDWIN, Mrs. ERNST, Mr. to the bill S. 2943, supra; which was ordered SA 4318. Mr. SCHUMER submitted an BROWN, Mr. PORTMAN, and Mr. PETERS) sub- to lie on the table. amendment intended to be proposed by him mitted an amendment intended to be pro- SA 4302. Mr. DONNELLY (for himself, Mr. to the bill S. 2943, supra; which was ordered posed by him to the bill S. 2943, supra; which CRUZ, and Mr. MANCHIN) submitted an to lie on the table. was ordered to lie on the table. amendment intended to be proposed by him SA 4319. Mrs. FEINSTEIN (for herself and SA 4338. Mr. MCCAIN (for himself and Mr. to the bill S. 2943, supra; which was ordered Mrs. BOXER) submitted an amendment in- BLUMENTHAL) submitted an amendment in- to lie on the table. tended to be proposed by her to the bill S. tended to be proposed by him to the bill S. SA 4303. Mr. PORTMAN submitted an 2943, supra; which was ordered to lie on the 2943, supra; which was ordered to lie on the amendment intended to be proposed by him table. table. to the bill S. 2943, supra; which was ordered SA 4320. Mr. SCHATZ (for himself, Mrs. SA 4339. Mr. CARPER submitted an amend- to lie on the table. GILLIBRAND, Mr. MURPHY, Mr. WHITEHOUSE, ment intended to be proposed by him to the SA 4304. Mrs. MCCASKILL submitted an Ms. BALDWIN, Ms. WARREN, Mr. BROWN, Mr. bill S. 2943, supra; which was ordered to lie amendment intended to be proposed by her DURBIN, Mr. WYDEN, Mrs. BOXER, Mr. on the table. to the bill S. 2943, supra; which was ordered TESTER, Mr. BLUMENTHAL, Mr. UDALL, Mr. SA 4340. Mr. CASEY submitted an amend- to lie on the table. MERKLEY, Mr. SANDERS, Mrs. MCCASKILL, Mr. ment intended to be proposed by him to the SA 4305. Mrs. MURRAY submitted an LEAHY, Ms. CANTWELL, Mrs. MURRAY, Ms. bill S. 2943, supra; which was ordered to lie amendment intended to be proposed by her HIRONO, Mr. CARPER, Ms. HEITKAMP, Mr. on the table. to the bill S. 2943, supra; which was ordered COONS, Mr. BENNET, Mr. BOOKER, Mrs. SHA- SA 4341. Mr. CASEY submitted an amend- to lie on the table. HEEN, Mr. HEINRICH, Mr. PETERS, Mr. SCHU- ment intended to be proposed by him to the

VerDate Sep 11 2014 04:45 May 27, 2016 Jkt 059060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.034 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3300 CONGRESSIONAL RECORD — SENATE May 26, 2016 bill S. 2943, supra; which was ordered to lie SA 4363. Mr. BROWN (for himself and Mr. SA 4238. Mr. PERDUE submitted an on the table. BLUNT) submitted an amendment intended to amendment intended to be proposed by SA 4342. Mr. UDALL submitted an amend- be proposed by him to the bill S. 2943, supra; him to the bill S. 2943, to authorize ap- ment intended to be proposed by him to the which was ordered to lie on the table. propriations for fiscal year 2017 for bill S. 2943, supra; which was ordered to lie SA 4364. Mr. BROWN submitted an amend- military activities of the Department on the table. ment intended to be proposed by him to the SA 4343. Mr. CARDIN submitted an amend- bill S. 2943, supra; which was ordered to lie of Defense, for military construction, ment intended to be proposed by him to the on the table. and for defense activities of the De- bill S. 2943, supra; which was ordered to lie SA 4365. Mr. CARPER submitted an amend- partment of Energy, to prescribe mili- on the table. ment intended to be proposed by him to the tary personnel strengths for such fiscal SA 4344. Mr. SULLIVAN (for himself, Mr. bill S. 2943, supra; which was ordered to lie year, and for other purposes; which was WARNER, Mr. CORNYN, and Mr. KIRK) sub- on the table. ordered to lie on the table; as follows: mitted an amendment intended to be pro- SA 4366. Mr. CARPER submitted an amend- At the end of subtitle E of title XII, add posed by him to the bill S. 2943, supra; which ment intended to be proposed by him to the the following: was ordered to lie on the table. bill S. 2943, supra; which was ordered to lie SA 4345. Mr. LEE submitted an amendment SEC. 1236. PROHIBITION ON ENTRY INTO CON- on the table. TRACTS WITH ENTITIES THAT HAVE intended to be proposed by him to the bill S. SA 4367. Mr. JOHNSON (for himself and CONTRIBUTED TO THE VIOLATION 2943, supra; which was ordered to lie on the Mr. CARPER) submitted an amendment in- BY THE RUSSIAN FEDERATION OF table. tended to be proposed by him to the bill S. THE INTERMEDIATE-RANGE NU- SA 4346. Mr. PORTMAN (for himself and 2943, supra; which was ordered to lie on the CLEAR FORCES TREATY. URPHY) submitted an amendment in- Mr. M table. (a) PROHIBITION.— tended to be proposed by him to the bill S. SA 4368. Mr. CARPER submitted an amend- (1) IN GENERAL.—No funds authorized to be 2943, supra; which was ordered to lie on the ment intended to be proposed by him to the appropriated or otherwise made available for table. bill S. 2943, supra; which was ordered to lie a department or agency of the United States SA 4347. Mr. KAINE (for himself and Mr. Government for a fiscal year after fiscal year on the table. WARNER) submitted an amendment intended 2016 may be used to enter into a contract SA 4369. Mr. DURBIN (for himself, Mr. to be proposed by him to the bill S. 2943, with a person or entity that the Secretary of COCHRAN, Mr. REID, Mr. BLUNT, Ms. MIKUL- supra; which was ordered to lie on the table. State determines has materially contributed SKI, Ms. MURKOWSKI, Mrs. FEINSTEIN, Ms. SA 4348. Ms. BALDWIN submitted an to any violation of the Intermediate-Range COLLINS, Mrs. MURRAY, Mr. CASEY, and Mr. amendment intended to be proposed by her Nuclear Forces (INF) Treaty by the Russian SHELBY) submitted an amendment intended to the bill S. 2943, supra; which was ordered Federation during the last calendar year to be proposed by him to the bill S. 2943, to lie on the table. ending before the calendar year in which supra; which was ordered to lie on the table. SA 4349. Mrs. GILLIBRAND submitted an such fiscal year begins. SA 4370. Mr. KIRK submitted an amend- amendment intended to be proposed by her (2) DETERMINATIONS.—Any determination ment intended to be proposed by him to the to the bill S. 2943, supra; which was ordered made by the Secretary for purposes of para- bill S. 2943, supra; which was ordered to lie to lie on the table. graph (1) shall be made in connection with on the table. SA 4350. Mr. WARNER (for himself, Mr. the preparation by the Secretary of the an- SA 4371. Mrs. MCCASKILL submitted an CARPER, and Mr. COONS) submitted an nual report on arms control, nonprolifera- amendment intended to be proposed by her amendment intended to be proposed by him tion, and disarmament pursuant to section to the bill S. 2943, supra; which was ordered to the bill S. 2943, supra; which was ordered 403 of the Arms Control and Disarmament to lie on the table. to lie on the table. Act (22 U.S.C. 2593a). SA 4351. Mr. REID (for Mr. BLUMENTHAL) f (b) WAIVER.— submitted an amendment intended to be pro- (1) IN GENERAL.—The President may waive posed by Mr. REID to the bill S. 2943, supra; TEXT OF AMENDMENTS the prohibition in subsection (a)(1) with re- which was ordered to lie on the table. SA 4237. Mr. INHOFE (for himself, spect to entry into any particular contract if SA 4352. Mr. CARPER submitted an amend- the President determines that the waiver is Mr. DONNELLY, Mr. HATCH, Mr. KAINE, ment intended to be proposed by him to the in the national security interest of the bill S. 2943, supra; which was ordered to lie and Mr. ROUNDS) submitted an amend- United States. on the table. ment intended to be proposed by him (2) REPORT.—The President shall submit to SA 4353. Mr. SCHATZ (for himself and Mr. to the bill S. 2943, to authorize appro- the appropriate committees of Congress a re- SASSE) submitted an amendment intended to priations for fiscal year 2017 for mili- port on any waiver made under this sub- be proposed by him to the bill S. 2943, supra; tary activities of the Department of section. which was ordered to lie on the table. (c) DEFINITIONS.—In this section: SA 4354. Mr. LEAHY submitted an amend- Defense, for military construction, and for defense activities of the Depart- (1) The term ‘‘appropriate committees of ment intended to be proposed by him to the Congress’’ means— bill S. 2943, supra; which was ordered to lie ment of Energy, to prescribe military (A) the Committee on Armed Services, the on the table. personnel strengths for such fiscal Committee on Foreign Relations, and the Se- SA 4355. Mr. LEAHY submitted an amend- year, and for other purposes; which was lect Committee on Intelligence of the Sen- ment intended to be proposed by him to the ordered to lie on the table; as follows: ate; and bill S. 2943, supra; which was ordered to lie (B) the Committee on Armed Services, the on the table. At the end of subtitle E of title VI, add the SA 4356. Mr. LEAHY submitted an amend- following: Committee on Foreign Affairs, and the Per- manent Select Committee on Intelligence of ment intended to be proposed by him to the SEC. 663. REPORT ON MODIFICATION OF BASIC bill S. 2943, supra; which was ordered to lie ALLOWANCE FOR SUBSISTENCE IN the House of Representatives. on the table. LIGHT OF AUTHORITY FOR VARI- (2) The term ‘‘Intermediate-Range Nuclear SA 4357. Mr. LEAHY submitted an amend- ABLE PRICING OF GOODS AT COM- Forces (INF) Treaty’’ means the Treaty Be- ment intended to be proposed by him to the MISSARY STORES. tween the United States of America and the bill S. 2943, supra; which was ordered to lie Not later than March 31, 2017, the Sec- Union of Soviet Socialist Republics on the on the table. retary of Defense shall submit to the Com- Elimination of Their Intermediate-Range SA 4358. Mr. LEAHY submitted an amend- mittees on Armed Services of the Senate and and Shorter-Range Missiles, commonly re- ment intended to be proposed by him to the the House of Representatives a report on the ferred to as the Intermediate-Range Nuclear bill S. 2943, supra; which was ordered to lie feasibility and advisability of modifying the Forces (INF) Treaty, signed at Washington, on the table. amounts payable for basic allowance for sub- December 8, 1987, and entered into force June SA 4359. Mr. LEAHY submitted an amend- sistence (BAS) for members of the Armed 1, 1988. ment intended to be proposed by him to the Forces in light of potential changes in prices bill S. 2943, supra; which was ordered to lie of goods and services at commissary stores SA 4239. Mr. LANKFORD submitted on the table. pursuant to the authority granted by the an amendment intended to be proposed SA 4360. Mr. LEAHY submitted an amend- amendments made by section 661. The report by him to the bill S. 2943, to authorize ment intended to be proposed by him to the shall include the following: appropriations for fiscal year 2017 for bill S. 2943, supra; which was ordered to lie (1) An assessment of the potential for in- military activities of the Department on the table. creases in prices of goods and services at of Defense, for military construction, SA 4361. Mr. LEAHY (for himself and Mr. commissary stores by reason of such author- and for defense activities of the De- ity, set forth by locality. SANDERS) submitted an amendment intended partment of Energy, to prescribe mili- to be proposed by him to the bill S. 2943, (2) An assessment of the feasibility and ad- supra; which was ordered to lie on the table. visability of modifications in the amounts tary personnel strengths for such fiscal SA 4362. Mr. BROWN submitted an amend- payable for basic allowance for subsistence year, and for other purposes; which was ment intended to be proposed by him to the in light of such potential increases in prices, ordered to lie on the table; as follows: bill S. 2943, supra; which was ordered to lie including paying basic allowance for subsist- At the end of subtitle I title X, add the fol- on the table. ence at different rates in different locations. lowing:

VerDate Sep 11 2014 04:45 May 27, 2016 Jkt 059060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.035 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3301 SEC. 807. ENSURING GRANTS ARE IN SUPPORT OF At the end of subtitle H of title VIII, add fiscal year, the amount as follows shall be NATIONAL SECURITY. the following: available only for lethal and critical assist- The Secretary of Defense shall establish SEC. 899C. NOTIFICATION TO SMALL BUSINESS ance described in paragraphs (2) and (3) of and implement a policy that will ensure that CONCERNS REGARDING PROCURE- subsection (b) in that fiscal year: all grants issued by the Department of De- MENT TECHNICAL ASSISTANCE CEN- ‘‘(A) In fiscal year 2016, $50,000,000. fense are in support of national security. TERS. ‘‘(B) In fiscal year 2017, $150,000,000;’’. Section 2418 of title 10, United States Code, (3) in paragraph (3)— SA 4240. Mr. LANKFORD submitted is amended by adding at the end the fol- (A) in the paragraph heading, by striking an amendment intended to be proposed lowing new subsection: ‘‘OTHER PURPOSES’’ and inserting ‘‘AVAIL- by him to the bill S. 2943, to authorize ‘‘(d)(1) The Secretary of Defense, in part- ABILITY FOR NON-UKRAINE PURPOSES OF CER- appropriations for fiscal year 2017 for nership with eligible entities and the Admin- TAIN AMOUNT OTHERWISE AVAILABLE FOR military activities of the Department istrator of General Services, shall notify UKRAINE DEFENSIVE LETHAL ASSISTANCE’’; small business concerns that have success- (B) in the matter preceding subparagraph of Defense, for military construction, fully registered in the System for Award (A), by striking the first sentence and insert- and for defense activities of the De- Management referenced in subpart 4.11 of the ing the following new sentence: ‘‘Subject to partment of Energy, to prescribe mili- Federal Acquisition Regulation that once paragraph (5), the amount described in para- tary personnel strengths for such fiscal their registration is complete free procure- graph (2)(B) for fiscal year 2017 shall be avail- year, and for other purposes; which was ment technical assistance is available pursu- able for purposes other than assistance and ordered to lie on the table; as follows: ant to procurement technical assistance co- support described in subsection (a) com- operative agreements. mencing on the date that is 90 days after the At the end of subtitle C of title VII, add ‘‘(2) In this subsection, the term ‘small date of the enactment of the National De- the following: business concern’ has the meaning given the fense Authorization Act for Fiscal Year 2017 SEC. 764. REPORT ON FEASIBILITY AND ADVIS- term in section 3(a) of the Small Business if the Secretary of Defense, with the concur- ABILITY OF ALIGNMENT OF PRE- rence of the Secretary of State, determines SCRIPTION DRUG BUYING PRO- Act (15 U.S.C. 632(a)).’’. GRAMS OF THE DEPARTMENT OF that the use of such amount for lethal and DEFENSE AND THE DEPARTMENT OF SA 4243. Mr. PORTMAN submitted an critical assistance described in paragraphs VETERANS AFFAIRS. amendment intended to be proposed by (2) and (3) of subsection (b) is not in the na- (a) IN GENERAL.—Not later than January him to the bill S. 2943, to authorize ap- tional security interests of the United 31, 2017, the Secretary of Defense and the States.’’; and propriations for fiscal year 2017 for (C) in subparagraph (B), by striking ‘‘or Secretary of Veterans Affairs shall jointly military activities of the Department submit to Congress a report on the feasi- the Government of Ukraine’’; and bility and advisability of aligning the struc- of Defense, for military construction, (4) by adding at the end the following new ture, statutory parameters, and regulatory and for defense activities of the De- paragraphs: guidance for prescription drug buying pro- partment of Energy, to prescribe mili- ‘‘(4) AVAILABILITY FOR NON-UKRAINE PUR- grams of the Department of Defense and the tary personnel strengths for such fiscal POSES OF CERTAIN AMOUNT OTHERWISE AVAIL- Department of Veterans Affairs to increase year, and for other purposes; which was ABLE FOR UKRAINE GENERALLY.— buying power and reduce costs. ordered to lie on the table; as follows: ‘‘(A) IN GENERAL.—If the certification de- (b) ELEMENTS.—The report required by sub- scribed in subparagraph (B) is not made to Strike section 1231 and insert the fol- section (a) shall include— the congressional defense committees by the lowing: (1) an assessment of the feasibility, advis- end of the 90-day period beginning on the ability, costs, and benefits of aligning the SEC. 1231. EXTENSION AND ENHANCEMENT OF date of the enactment of the National De- prescription drug buying programs of the De- UKRAINE SECURITY ASSISTANCE fense Authorization Act for Fiscal Year 2017, INITIATIVE. partment of Defense and the Department of commencing as of the end of that period (a) FUNDING.—Section 1250 of the National Veterans Affairs; and $250,000,000 of the amount available for this Defense Authorization Act for Fiscal Year (2) a timeline to implement such align- section for fiscal year 2017 under subsection 2016 (Public Law 114–92; 129 Stat. 1068) is ment. (f) shall be available in accordance with amended— paragraph (5)(B). SA 4241. Mr. MARKEY submitted an (1) in subsection (a), by striking ‘‘Of the ‘‘(B) CERTIFICATION.—A certification de- amounts’’ and all that follows through amendment intended to be proposed by scribed in this subparagraph is a certifi- ‘‘shall be available to’’ and inserting cation by the Secretary of Defense, in co- him to the bill S. 2943, to authorize ap- ‘‘Amounts available for a fiscal year under ordination with the Secretary of State, that propriations for fiscal year 2017 for subsection (f) shall be available to’’; the Government of Ukraine has taken sub- military activities of the Department (2) by redesignating subsection (f) as sub- stantial actions to make defense institu- of Defense, for military construction, section (h); and tional reforms in such areas as civilian con- and for defense activities of the De- (3) by inserting after subsection (e) the fol- trol of the military, cooperation and coordi- partment of Energy, to prescribe mili- lowing new subsection (f): nation with Verkhovna Rada efforts to exer- tary personnel strengths for such fiscal ‘‘(f) FUNDING.—From amounts authorized cise oversight of the Ministry of Defense and to be appropriated for the fiscal year con- military forces, increased transparency and year, and for other purposes; which was cerned for the Department of Defense for accountability in defense procurement, and ordered to lie on the table; as follows: overseas contingency operations, the fol- improvement in transparency, account- At the end of subtitle D of title XVI, add lowing shall be available for purposes of sub- ability, and potential opportunities for pri- the following: section (a): vatization in the defense industrial sector. SEC. 1655. PROHIBITION ON USE OF FUNDS FOR ‘‘(1) For fiscal year 2016, $300,000,000. The purpose of these defense institutional re- LONG-RANGE STANDOFF WEAPON ‘‘(2) For fiscal year 2017, $500,000,000.’’. forms is to decrease corruption, increase ac- OR W80 WARHEAD LIFE EXTENSION (b) ADDITIONAL AUTHORIZED ASSISTANCE.— countability, and sustain improvements of PROGRAM. Subsection (b) of such section is amended— combat capability enabled by such inter- Notwithstanding any other provision of (1) in paragraph (2), by striking ‘‘and small national security assistance. The certifi- law, none of the funds authorized to be ap- arms and ammunition’’ and inserting ‘‘small cation shall include an assessment of the propriated or otherwise made available for arms and ammunition, and air defense weap- substantial actions taken to make such de- fiscal year 2017 for the Department of De- on systems’’; and fense institutional reforms and the areas in fense or the Department of Energy may be (2) by adding at the end the following new which additional action is needed. obligated or expended for the research, de- paragraphs: ‘‘(5) USE.—In the event funds described in velopment, test, and evaluation or procure- ‘‘(10) Equipment and technical assistance paragraph (2)(B) are not used in fiscal year ment of the long-range standoff weapon or to the State Border Guard Service of 2017 for defensive lethal and critical assist- for the W80 warhead life extension program. Ukraine for the purpose of developing a com- ance described in paragraphs (2) and (3) of prehensive border surveillance network for subsection (b) by reason of a determination SA 4242. Mr. PETERS submitted an Ukraine. under paragraph (3), and funds described in amendment intended to be proposed by ‘‘(11) Training for staff officers and senior paragraph (4) are not available under that him to the bill S. 2943, to authorize ap- leadership of the military. paragraph in that fiscal year by reason of propriations for fiscal year 2017 for ‘‘(12) Air defense and coastal defense ra- the lack of a certification described in para- military activities of the Department dars.’’. graph (4)(B), of the amount available for this of Defense, for military construction, (c) AVAILABILITY OF FUNDS.—Subsection (c) section under subsection (f) for fiscal year and for defense activities of the De- of such section is amended— 2017— (1) in paragraph (1), by inserting ‘‘for a fis- ‘‘(A) $250,000,000 may be used for assistance partment of Energy, to prescribe mili- cal year’’ after ‘‘pursuant to subsection (a)’’; and support described in subsection (a) for tary personnel strengths for such fiscal (2) in paragraph (2), by striking ‘‘pursuant the Government of Ukraine; and year, and for other purposes; which was to subsection (a)’’ and all that follows and ‘‘(B) $250,000,000 may be used for purposes ordered to lie on the table; as follows: inserting ‘‘pursuant to subsection (a) for a described in paragraph (3), of which not more

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(a) IN GENERAL.—The Secretary of Vet- ing under paragraph (3), (4), or (5), the Sec- (4) the term ‘‘issuer’’ has the meaning erans Affairs may carry out leases described retary of Defense shall submit to the con- given the term in section 3 of the Securities in subsection (b) at the Department of Vet- gressional defense committees, the Com- Exchange Act of 1934 (15 U.S.C. 78c); and erans Affairs West Los Angeles Campus in mittee on Foreign Relations of the Senate, (5) the term ‘‘reporting company’’ means Los Angeles, California (in this section re- and the Committee on Foreign Affairs of the any company that is an issuer— ferred to as the ‘‘Campus’’). House of Representatives a notification con- (A) the securities of which are registered (b) LEASES DESCRIBED.—Leases described in taining the following: under section 12 of the Securities Exchange this subsection are the following: ‘‘(A) The recipient foreign country. Act of 1934 (15 U.S.C. 78l); or (1) Any enhanced-use lease of real property ‘‘(B) A detailed description of the assist- (B) that is required to file reports under under subchapter V of chapter 81 of title 38, ance or training to be provided, including— section 15(d) of such Act (15 U.S.C. 78o(d)). United States Code, for purposes of providing ‘‘(i) the objectives of such assistance or (b) REQUIREMENT TO ISSUE RULES.—Not supportive housing, as that term is defined training; later than 360 days after the date of enact- in section 8161(3) of such title, that prin- ‘‘(ii) the budget for such assistance or ment of this Act, the Commission shall issue cipally benefit veterans and their families. training; and final rules to require each reporting com- (2) Any lease of real property for a term ‘‘(iii) the expected or estimated timeline pany, in the annual report submitted under not to exceed 50 years to a third party to for delivery of such assistance or training. section 13 or section 15(d) of the Securities provide services that principally benefit vet- ‘‘(C) Such other matters as the Secretary Exchange Act of 1934 (15 U.S.C. 78m and erans and their families and that are limited considers appropriate.’’. 78o(d)) or the annual proxy statement sub- to one or more of the following purposes: (d) CONSTRUCTION WITH OTHER AUTHOR- mitted under section 14(a) of such Act (15 (A) The promotion of health and wellness, ITY.—Such section is further amended by in- U.S.C. 78n(a))— including nutrition and spiritual wellness. serting after subsection (f), as amended by (1) to disclose whether any member of the (B) Education. subsection (a)(3) of this section, the fol- governing body, such as the board of direc- (C) Vocational training, skills building, or lowing new subsection (g): tors or general partner, of the reporting other training related to employment. ‘‘(g) CONSTRUCTION WITH OTHER AUTHOR- company has expertise or experience in cy- (D) Peer activities, socialization, or phys- ITY.—The authority to provide assistance bersecurity and in such detail as necessary ical recreation. and support pursuant to subsection (a), and to fully describe the nature of the expertise (E) Assistance with legal issues and Fed- the authority to provide assistance and or experience; and eral benefits. training support under subsection (c), is in (2) if no member of the governing body of (F) Volunteerism. addition to authority to provide assistance the reporting company has expertise or expe- (G) Family support services, including and support under title 10, United States rience in cybersecurity, to describe what child care. Code, the Foreign Assistance Act of 1961, the other cybersecurity steps taken by the re- (H) Transportation. Arms Export Control Act, or any other pro- porting company were taken into account by (I) Services in support of one or more of vision of law.’’. such persons responsible for identifying and the purposes specified in subparagraphs (A) (e) EXTENSION.—Subsection (h) of such sec- evaluating nominees for any member of the tion, as redesignated by subsection (a)(2) of through (H). governing body, such as a nominating com- (3) A lease of real property for a term not this section, is amended by striking ‘‘Decem- mittee. ber 31, 2017’’ and inserting ‘‘December 31, to exceed 10 years to The Regents of the Uni- 2019’’. (c) CYBERSECURITY EXPERTISE OR EXPERI- versity of California, a corporation organized (f) EXTENSION OF REPORTS ON MILITARY AS- ENCE.—For purposes of subsection (b), the under the laws of the State of California, on SISTANCE TO UKRAINE.—Section 1275(e) of the Commission, in coordination with the Na- behalf of its University of California, Los Carl Levin and Howard P. ‘‘Buck’’ McKeon tional Institute of Standards and Tech- Angeles (UCLA) campus (in this section re- National Defense Authorization Act for Fis- nology, shall define what constitutes exper- ferred to as ‘‘The Regents’’), if— cal Year 2015 (Public Law 113–291; 128 Stat. tise or experience in cybersecurity, such as (A) the lease is consistent with the master 3592), as amended by section 1250(g) of the professional qualifications to administer in- plan described in subsection (g); National Defense Authorization Act for Fis- formation security program functions or ex- (B) the provision of services to veterans is cal Year 2016, is further amended by striking perience detecting, preventing, mitigating, the predominant focus of the activities of ‘‘December 31, 2017’’ and inserting ‘‘Decem- or addressing cybersecurity threats. The Regents at the Campus during the term ber 31, 2020’’. of the lease; SA 4245. Mr. BROWN (for himself, (C) The Regents expressly agrees to pro- vide, during the term of the lease and to an SA 4244. Mr. REED submitted an Mr. DURBIN, Ms. WARREN, Mr. extent and in a manner that the Secretary amendment intended to be proposed by BLUMENTHAL, Mrs. MURRAY, Mr. him to the bill S. 2943, to authorize ap- considers appropriate, additional services FRANKEN, Mr. CARPER, Mr. MARKEY, and support (for which The Regents is not propriations for fiscal year 2017 for Mr. MURPHY, Mr. REED, Mrs. BOXER, compensated by the Secretary or through an military activities of the Department and Mr. HEINRICH) submitted an existing medical affiliation agreement) of Defense, for military construction, amendment intended to be proposed by that— and for defense activities of the De- him to the bill S. 2943, to authorize ap- (i) principally benefit veterans and their partment of Energy, to prescribe mili- propriations for fiscal year 2017 for families, including veterans who are severely tary personnel strengths for such fiscal military activities of the Department disabled, women, aging, or homeless; and (ii) may consist of activities relating to year, and for other purposes; which was of Defense, for military construction, ordered to lie on the table; as follows: the medical, clinical, therapeutic, dietary, and for defense activities of the De- rehabilitative, legal, mental, spiritual, phys- At the end of subtitle I of title X, add the partment of Energy, to prescribe mili- ical, recreational, research, and counseling following: tary personnel strengths for such fiscal needs of veterans and their families or any of SEC. 1097. CYBERSECURITY TRANSPARENCY. year, and for other purposes; which was the purposes specified in any of subpara- (a) DEFINITIONS.—In this section— ordered to lie on the table; as follows: graphs (A) through (I) of paragraph (2); and (1) the term ‘‘Commission’’ means the Se- (D) The Regents maintains records docu- curities and Exchange Commission; Strike section 563. menting the value of the additional services (2) the term ‘‘cybersecurity threat’’— and support that The Regents provides pur- (A) means an action, not protected by the SA 4246. Mrs. FEINSTEIN submitted suant to subparagraph (C) for the duration of First Amendment to the Constitution of the an amendment intended to be proposed the lease and makes such records available United States, on or through an information by her to the bill S. 2943, to authorize to the Secretary. system that may result in an unauthorized (c) LIMITATION ON LAND-SHARING AGREE- appropriations for fiscal year 2017 for effort to adversely impact the security, MENTS.—The Secretary may not carry out availability, confidentiality, or integrity of military activities of the Department any land-sharing agreement pursuant to sec- an information system or information that of Defense, for military construction, tion 8153 of title 38, United States Code, at is stored on, processed by, or transiting an and for defense activities of the De- the Campus unless such agreement— information system; and partment of Energy, to prescribe mili- (1) provides additional health-care re- (B) does not include any action that solely tary personnel strengths for such fiscal sources to the Campus; and involves a violation of a consumer term of year, and for other purposes; which was (2) benefits veterans and their families service or a consumer licensing agreement; ordered to lie on the table; as follows: other than from the generation of revenue (3) the term ‘‘information system’’— for the Department of Veterans Affairs. (A) has the meaning given the term in sec- At the end of subtitle I of title X, add the (d) REVENUES FROM LEASES AT THE CAM- tion 3502 of title 44, United States Code; and following: PUS.—Any funds received by the Secretary

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under a lease described in subsection (b) the Secretary shall establish a Community (k) RULE OF CONSTRUCTION.—Nothing in shall be credited to the applicable Depart- Veterans Engagement Board (in this sub- this section shall be construed as a limita- ment medical facilities account and shall be section referred to as the ‘‘Board’’) for the tion on the authority of the Secretary to available, without fiscal year limitation and Campus to coordinate locally with the De- enter into other agreements regarding the without further appropriation, exclusively partment of Veterans Affairs to— Campus that are authorized by law and not for the renovation and maintenance of the (A) identify the goals of the community; inconsistent with this section. land and facilities at the Campus. and (l) PRINCIPALLY BENEFIT VETERANS AND (e) EASEMENTS.— (B) provide advice and recommendations to THEIR FAMILIES DEFINED.—In this section the (1) IN GENERAL.—Notwithstanding any the Secretary to improve services and out- term ‘‘principally benefit veterans and their other provision of law (other than Federal comes for veterans, members of the Armed families’’, with respect to services provided laws relating to environmental and historic Forces, and the families of such veterans and by a person or entity under a lease of prop- preservation), pursuant to section 8124 of members. erty or land-sharing agreement— title 38, United States Code, the Secretary (2) MEMBERS.—The Board shall be com- (1) means services— may grant easements or rights-of-way on, prised of a number of members that the Sec- (A) provided exclusively to veterans and above, or under lands at the Campus to— retary determines appropriate, of which not their families; or (A) any local or regional public transpor- less than 50 percent shall be veterans. The (B) that are designed for the particular tation authority to access, construct, use, nonveteran members shall be family mem- needs of veterans and their families, as op- operate, maintain, repair, or reconstruct bers of veterans, veteran advocates, service posed to the general public, and any benefit public mass transit facilities, including, providers, or stakeholders. of those services to the general public is dis- fixed guideway facilities and transportation (3) COMMUNITY INPUT.—In carrying out sub- tinct from the intended benefit to veterans centers; and paragraphs (A) and (B) of paragraph (1), the and their families; and (B) the State of California, County of Los Board shall— (2) excludes services in which the only ben- Angeles, City of Los Angeles, or any agency (A) provide the community opportunities efit to veterans and their families is the gen- or political subdivision thereof, or any pub- to collaborate and communicate with the eration of revenue for the Department of lic utility company (including any company Board, including by conducting public fo- Veterans Affairs. providing electricity, gas, water, sewage, or rums on the Campus; and (m) CONFORMING AMENDMENTS.— telecommunication services to the public) (B) focus on local issues regarding the De- (1) PROHIBITION ON DISPOSAL OF PROP- for the purpose of providing such public util- partment that are identified by the commu- ERTY.—Section 224(a) of the Military Con- ities. nity, including with respect to health care, struction and Veterans Affairs and Related (2) IMPROVEMENTS.—Any improvements benefits, and memorial services at the Cam- Agencies Appropriations Act, 2008 (Public proposed pursuant to an easement or right- pus. Law 110–161; 121 Stat. 2272) is amended by of-way authorized under paragraph (1) shall (j) NOTIFICATION AND REPORTS.— striking ‘‘The Secretary of Veterans Affairs’’ be subject to such terms and conditions as (1) CONGRESSIONAL NOTIFICATION.—With re- and inserting ‘‘Except as authorized under the Secretary considers appropriate. spect to each lease or land-sharing agree- section 1097 of the National Defense Author- (3) TERMINATION.—Any easement or right- ment intended to be entered into or renewed ization Act for Fiscal Year 2017, the Sec- of-way authorized under paragraph (1) shall at the Campus, the Secretary shall notify retary of Veterans Affairs’’. be terminated upon the abandonment or non- the Committee on Veterans’ Affairs of the (2) ENHANCED-USE LEASES.—Section 8162(c) use of the easement or right-of-way and all Senate, the Committee on Veterans’ Affairs of title 38, United States Code, is amended by right, title, and interest in the land covered of the House of Representatives, and each inserting ‘‘, other than an enhanced-use by the easement or right-of-way shall revert Member of the Senate and the House of Rep- lease under section 1097 of the National De- to the United States. resentatives who represents the area in fense Authorization Act for Fiscal Year (f) PROHIBITION ON SALE OF PROPERTY.— which the Campus is located of the intent of 2017,’’ before ‘‘shall be considered’’. Notwithstanding section 8164 of title 38, the Secretary to enter into or renew the United States Code, the Secretary may not lease or land-sharing agreement not later SA 4247. Mr. DAINES (for himself, than 45 days before entering into or renewing sell or otherwise convey to a third party fee Mr. HOEVEN, and Mr. TESTER) sub- simple title to any real property or improve- the lease or land-sharing agreement. (2) ANNUAL REPORT.—Not later than one mitted an amendment intended to be ments to real property made at the Campus. proposed by him to the bill S. 2943, to (g) CONSISTENCY WITH MASTER PLAN.—The year after the date of the enactment of this Secretary shall ensure that each lease car- Act, and not less frequently than annually authorize appropriations for fiscal year ried out under this section is consistent with thereafter, the Secretary shall submit to the 2017 for military activities of the De- the draft master plan approved by the Sec- Committee on Veterans’ Affairs of the Sen- partment of Defense, for military con- retary on January 28, 2016, or successor mas- ate, the Committee on Veterans’ Affairs of struction, and for defense activities of ter plans. the House of Representatives, and each Mem- the Department of Energy, to prescribe ber of the Senate and the House of Rep- (h) COMPLIANCE WITH CERTAIN LAWS.— military personnel strengths for such (1) LAWS RELATING TO LEASES AND LAND resentatives who represents the area in USE.—If the Inspector General of the Depart- which the Campus is located an annual re- fiscal year, and for other purposes; ment of Veterans Affairs determines, as part port evaluating all leases and land-sharing which was ordered to lie on the table; of an audit report or evaluation conducted agreements carried out at the Campus, in- as follows: by the Inspector General, that the Depart- cluding— At the end of subtitle D of title XVI, insert ment is not in compliance with all Federal (A) an evaluation of the management of the following: laws relating to leases and land use at the the revenue generated by the leases; and SEC. 1655. EXPEDITED DECISION WITH RESPECT Campus, or that significant mismanagement (B) the records described in subsection TO SECURING LAND-BASED MISSILE has occurred with respect to leases or land (b)(3)(D). FIELDS. use at the Campus, the Secretary may not (3) INSPECTOR GENERAL REPORT.— To mitigate any risk posed to the nuclear enter into any lease or land-sharing agree- (A) IN GENERAL.—Not later than each of forces of the United States by the failure to ment at the Campus, or renew any such lease two years and five years after the date of the replace the UH–1N helicopter, the Secretary or land-sharing agreement that is not in enactment of this Act, and as determined of Defense shall, in consultation with the compliance with such laws, until the Sec- necessary by the Inspector General of the Chairman of the Joint Chiefs of Staff— retary certifies to the Committee on Vet- Department of Veterans Affairs thereafter, (1) decide if the land-based missile fields erans’ Affairs of the Senate, the Committee the Inspector General shall submit to the using UH–1N helicopters meet security re- on Veterans’ Affairs of the House of Rep- Committee on Veterans’ Affairs of the Sen- quirements and if there are any shortfalls or resentatives, and each Member of the Senate ate, the Committee on Veterans’ Affairs of gaps in meeting such requirements; and the House of Representatives who rep- the House of Representatives, and each Mem- (2) not later than 30 days after the date of resents the area in which the Campus is lo- ber of the Senate and the House of Rep- the enactment of this Act, submit to Con- cated that all recommendations included in resentatives who represents the area in gress a report on the decision relating to a the audit report or evaluation have been im- which the Campus is located a report on all request for forces required by paragraph (1); plemented. leases carried out at the Campus and the and (2) COMPLIANCE OF PARTICULAR LEASES.— management by the Department of the use of (3) if the Chairman determines the imple- Except as otherwise expressly provided by land at the Campus, including an assessment mentation of the decision to be warranted to this section, no lease may be entered into or of the efforts of the Department to imple- mitigate any risk posed to the nuclear forces renewed under this section unless the lease ment the master plan described in subsection of the United States— complies with chapter 33 of title 41, United (g) with respect to the Campus. (A) not later than 60 days after such date States Code, and all Federal laws relating to (B) CONSIDERATION OF ANNUAL REPORT.—In of enactment, implement that decision; or environmental and historic preservation. preparing each report required by subpara- (B) if the Secretary cannot implement that (i) COMMUNITY VETERANS ENGAGEMENT graph (A), the Inspector General shall take decision during the period specified in sub- BOARD.— into account the most recent report sub- paragraph (A), not later than 45 days after (1) IN GENERAL.—Not later than 180 days mitted to Congress by the Secretary under such date of enactment, submit to Congress after the date of the enactment of this Act, paragraph (2). a report that includes a proposal for the date

VerDate Sep 11 2014 04:45 May 27, 2016 Jkt 059060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.041 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3304 CONGRESSIONAL RECORD — SENATE May 26, 2016 by which the Secretary can implement that (B) by redesignating paragraphs (2) and (3) SA 4251. Mr. DAINES (for himself, decision and a plan to carry out that pro- as subsections (b) and (c), respectively, and Mr. TESTER, Mr. RUBIO, Mr. PORTMAN, posal. by moving those subsections, as so redesig- and Mr. BURR) submitted an amend- nated, 2 ems to the left; and ment intended to be proposed by him SA 4248. Ms. HEITKAMP submitted (4) by striking ‘‘paragraph (1)’’ each place an amendment intended to be proposed it appears and inserting ‘‘subsection (a)’’. to the bill S. 2943, to authorize appro- by her to the bill S. 2943, to authorize priations for fiscal year 2017 for mili- appropriations for fiscal year 2017 for SA 4250. Mrs. SHAHEEN (for herself, tary activities of the Department of military activities of the Department Mr. MCCAIN, Mr. REED, and Mr. TILLIS) Defense, for military construction, and of Defense, for military construction, submitted an amendment intended to for defense activities of the Depart- and for defense activities of the De- be proposed by her to the bill S. 2943, to ment of Energy, to prescribe military partment of Energy, to prescribe mili- authorize appropriations for fiscal year personnel strengths for such fiscal tary personnel strengths for such fiscal 2017 for military activities of the De- year, and for other purposes; which was year, and for other purposes; which was partment of Defense, for military con- ordered to lie on the table; as follows: ordered to lie on the table; as follows: struction, and for defense activities of At the end of subtitle F of title VI, add the the Department of Energy, to prescribe On page 809, after line 24, add the fol- following: lowing: military personnel strengths for such SEC. 673. REPEAL OF AUTHORITY OF THE PRESI- (5) a description of installations from fiscal year, and for other purposes; DENT TO DETERMINE AN ALTER- which the Armed Forces may conduct com- which was ordered to lie on the table; NATIVE ANNUAL PAY ADJUSTMENT FOR MEMBERS OF THE UNIFORMED munications and domain awareness activi- as follows: SERVICES BASED ON SERIOUS ECO- ties in support of Arctic security missions; At the end of subtitle B of title XII, add NOMIC CONDITIONS. and the following: Section 1009(e) of title 37, United States (6) a description of efforts to promote mili- SEC. 1216. MODIFICATION OF PROTECTION FOR Code, is amended— tary-to-military cooperation with partner AFGHAN ALLIES. (1) in paragraph (1), by striking ‘‘or serious countries that have mutual security inter- (a) NUMERICAL LIMITATIONS.—Subpara- economic conditions affecting the general ests in the Arctic region, including opportu- graph (F) of section 602(b)(3) of the Afghan welfare’’; nities for sharing installations and mainte- Allies Protection Act of 2009 (8 U.S.C. 1101 (2) by striking paragraph (2); and nance facilities. note) is amended— (3) by redesignating paragraph (3) as para- On page 810, between lines 16 and 17, insert (1) in the heading, by striking ‘‘2015, 2016, graph (2). the following: AND 2017’’ and inserting ‘‘2015, 2016, 2017, AND (f) OTHER INSTALLATIONS.—Nothing in this 2018’’; section may be construed to limit the au- SA 4252. Mr. TESTER submitted an (2) in the matter preceding clause (i)— amendment intended to be proposed by thority of the Department of Defense to use (A) by striking ‘‘exhausted,,’’ and inserting existing infrastructure in support of Arctic ‘‘exhausted,’’; and him to the bill S. 2943, to authorize ap- domain awareness or to pursue military-to- (B) by striking ‘‘7,000’’ and inserting propriations for fiscal year 2017 for military cooperation with partner countries ‘‘11,000’’; military activities of the Department that have mutual security interests in the (3) in clause (i), by striking ‘‘December 31, of Defense, for military construction, Arctic region, including opportunities for 2016;’’ and inserting ‘‘December 31, 2017;’’; and for defense activities of the De- sharing installations and maintenance facili- and partment of Energy, to prescribe mili- ties. (4) in clause (ii), by striking ‘‘December 31, tary personnel strengths for such fiscal 2016;’’ and inserting ‘‘December 31, 2017;’’. year, and for other purposes; which was SA 4249. Ms. HEITKAMP (for herself (b) PLAN TO BRING AFGHAN SIV PROGRAM and Mr. BOOZMAN) submitted an TO A RESPONSIBLE END.—Section 602(b) of the ordered to lie on the table; as follows: amendment intended to be proposed by Afghan Allies Protection Act of 2009 (8 U.S.C. At the end of subtitle I of title X, add the her to the bill S. 2943, to authorize ap- 1101 note) is amended by adding at the end following: propriations for fiscal year 2017 for the following: SEC. 1097. REVIEW AND UPDATE OF GUIDANCE military activities of the Department ‘‘(17) PLAN TO BRING AFGHAN SIV PROGRAM REGARDING SECURITY CLEARANCES of Defense, for military construction, TO A RESPONSIBLE END.— FOR CERTAIN SENATE EMPLOYEES. ‘‘(A) IN GENERAL.—Not later than 120 days (a) DEFINITIONS.—In this section— and for defense activities of the De- after the date of the enactment of the Na- (1) the term ‘‘covered committee of the partment of Energy, to prescribe mili- tional Defense Authorization Act for Fiscal Senate’’ means— tary personnel strengths for such fiscal Year 2017 or March 1, 2018, whichever is ear- (A) the Committee on Armed Services of year, and for other purposes; which was lier, the Secretary of Defense and Secretary the Senate; ordered to lie on the table; as follows: of State, in consultation with the Secretary (B) the Committee on Foreign Relations of At the end of subtitle H of title XII, add of Homeland Security, the Chairman of the the Senate; the following: Joint Chiefs of Staff, the Commander of (C) the Subcommittee on Defense of the SEC. 1277. FINANCING OF SALES OF AGRICUL- United States Central Command, and the Committee on Appropriations of the Senate; TURAL COMMODITIES TO CUBA. Commander Resolute Support/United States (D) the Subcommittee on State, Foreign (a) IN GENERAL.—Notwithstanding any Forces – Afghanistan, shall submit to the ap- Operations, and Related Programs of the other provision of law (other than section 908 propriate committees of Congress a report Committee on Appropriations of the Senate; of the Trade Sanctions Reform and Export detailing a strategy for bringing the program (E) the Committee on Homeland Security Enhancement Act of 2000 (22 U.S.C. 7207), as under this title to provide special immigrant and Governmental Affairs of the Senate; and amended by subsection (c)), a person subject status to certain Afghans to a responsible (F) the Committee on the Judiciary of the to the jurisdiction of the United States may end by or before December 31, 2019, or as soon Senate; provide payment or financing terms for sales thereafter as practicable consistent with the (2) the term ‘‘covered Member of the Sen- of agricultural commodities to Cuba or an national security interests of the United ate’’ means a Member of the Senate who individual or entity in Cuba. States. serves on a covered committee of the Senate; (b) DEFINITIONS.—In this section: ‘‘(B) CONTENT.—The report required by sub- and (1) AGRICULTURAL COMMODITY.—The term paragraph (A) shall address, at a minimum, (3) the term ‘‘Senate employee’’ means an ‘‘agricultural commodity’’ has the meaning the following: employee whose pay is disbursed by the Sec- given that term in section 102 of the Agricul- ‘‘(i) The number of visas that would be re- retary of the Senate. tural Trade Act of 1978 (7 U.S.C. 5602). quired to meet existing or reasonably pro- (b) REVIEW OF PROCEDURES.— (2) FINANCING.—The term ‘‘financing’’ in- jected commitments, taking into account (1) IN GENERAL.—Not later than 60 days cludes any loan or extension of credit. the need to support a continued United after the date of enactment of this Act, the (c) CONFORMING AMENDMENTS.—Section 908 States Government presence in Afghanistan. Director of Senate Security, in coordination of the Trade Sanctions Reform and Export ‘‘(ii) An estimate of how long such visas with the Director of National Intelligence Enhancement Act of 2000 (22 U.S.C. 7207) is should remain available. and the Chairperson of the Suitability and amended— ‘‘(iii) A assessment of whether other exist- Security Clearance Performance Account- (1) in the section heading, by striking ‘‘AND ing programs would be adequate to ability Council established under Executive FINANCING’’; incentivize the continued recruitment, re- Order 13467 (73 Fed. Reg. 38103), shall— (2) by striking subsection (b); tention, and protection of critical Afghan (A) conduct a review of whether procedures (3) in subsection (a)— employees, after the program under this title in effect enable 1 Senate employee des- (A) by striking ‘‘PROHIBITION’’ and all that expires. ignated by each covered Member of the Sen- follows through ‘‘(1) IN GENERAL.—Notwith- ‘‘(iv) A description of potential alternative ate to obtain security clearances necessary standing’’ and inserting ‘‘IN GENERAL.—Not- programs that could be considered if existing for access to classified national security in- withstanding’’; and programs are inadequate.’’. formation, including top secret and sensitive

VerDate Sep 11 2014 04:45 May 27, 2016 Jkt 059060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.041 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3305 compartmentalized information, if the Sen- (B) in subparagraph (H), by striking ‘‘and’’ ‘‘(vi) 0.55 percent for each of fiscal years ate employee meets the criteria for such at the end; 2018 and 2019; clearances; and (C) in subparagraph (I), by striking ‘‘and ‘‘(vii) 0.65 percent for each of fiscal years (B) if the Director of Senate Security, in each fiscal year thereafter,’’ and inserting a 2020 and 2021; coordination with the Director of National semicolon; and ‘‘(viii) 0.75 percent for each of fiscal years Intelligence and the Chairperson of the Suit- (D) by inserting after subparagraph (I) the 2022 and 2023; and ability and Security Clearance Performance following: ‘‘(ix) 1 percent for fiscal year 2024 and each Accountability Council established under ‘‘(J) for a Federal agency other than the fiscal year thereafter.’’. Executive Order 13467 (73 Fed. Reg. 38103), de- Department of Defense— SEC. 6202. REGULAR OVERSIGHT OF AWARD termines the procedures described in sub- ‘‘(i) not less than 3.5 percent of the extra- AMOUNTS. paragraph (A) are inadequate, issue guide- mural budget for research or research and (a) ELIMINATION OF AUTOMATIC INFLATION lines on the establishment and implementa- development of the Federal agency in each of ADJUSTMENTS.—Section 9(j) of the Small tion of such procedures. fiscal years 2018 and 2019; Business Act (15 U.S.C. 638(j)) is amended— (2) REPORT.—Not later than 90 days after ‘‘(ii) not less than 4 percent of such extra- (1) in paragraph (2)(D), by inserting the date of enactment of this Act, the Direc- mural budget in each of fiscal years 2020 and ‘‘through fiscal year 2016’’ after ‘‘every tor of Senate Security shall submit to each 2021; year’’; and covered committee of the Senate a report re- ‘‘(iii) not less than 4.5 percent of such ex- (2) by adding at the end the following: garding the review conducted under para- tramural budget in each of fiscal years 2022 ‘‘(4) 2016 MODIFICATIONS FOR DOLLAR VALUE graph (1)(A) and guidance, if any, issued and 2023; OF AWARDS.—Not later than 120 days after under paragraph (1)(B). ‘‘(iv) not less than 5 percent of such extra- the date of enactment of the SBIR and STTR (c) RULE OF CONSTRUCTION.—Nothing in mural budget in each of fiscal years 2024 and Reauthorization and Improvement Act of this section shall be construed to alter— 2025; 2016, the Administrator shall modify the pol- (1) the rule of the Information Security ‘‘(v) not less than 5.5 percent of such extra- icy directives issued under this subsection Oversight Office implementing Standard mural budget in each of fiscal years 2026 and to— Form 312, which Members of Congress sign in 2027; and ‘‘(A) eliminate the annual adjustments for order to be permitted to access classified in- ‘‘(vi) not less than 6 percent of such extra- inflation of the dollar value of awards de- formation; mural budget in fiscal year 2028 and each fis- scribed in paragraph (2)(D); and (2) the requirement that Members of the cal year thereafter; and ‘‘(B) clarify that Congress intends to re- Senate satisfy the ‘‘need-to-know’’ require- ‘‘(K) for the Department of Defense— view the dollar value of awards every 3 fiscal ment to access classified information; ‘‘(i) not less than 2.5 percent of the budget years.’’. (3) the scope of the jurisdiction of any com- for research, development, test, and evalua- (b) SENSE OF CONGRESS REGARDING REG- mittee or subcommittee of the Senate; or tion of the Department of Defense in each of ULAR REVIEW OF THE AWARD SIZES.—It is the (4) the inherent authority of the executive fiscal years 2018 and 2019; sense of Congress that for fiscal year 2019, branch of the Government, the Office of Sen- ‘‘(ii) not less than 3 percent of such budget and every third fiscal year thereafter, Con- ate Security, any Committee of the Senate, in each of fiscal years 2020 and 2021; gress should evaluate whether the maximum or the Department of Defense to determine ‘‘(iii) not less than 3.5 percent of such award sizes under the Small Business Inno- recipients of all classified information. budget in each of fiscal years 2022 and 2023; vation Research Program and the Small ‘‘(iv) not less than 4 percent of such budget Business Technology Transfer Program SA 4253. Mrs. SHAHEEN (for herself in each of fiscal years 2024 and 2025; under section 9 of the Small Business Act (15 and Mr. VITTER) submitted an amend- ‘‘(v) not less than 4.5 percent of such budg- U.S.C. 638) should be adjusted and, if so, take ment intended to be proposed by her to et in each of fiscal years 2026 and 2027; and appropriate action to direct that such ad- the bill S. 2943, to authorize appropria- ‘‘(vi) not less than 5 percent of such budget justments be made under the policy direc- tions for fiscal year 2017 for military in fiscal year 2028 and each fiscal year there- tives issued under subsection (j) of such sec- after,’’; tion. activities of the Department of De- (2) in paragraph (2)(B), by inserting ‘‘(or for (c) CLARIFICATION OF SEQUENTIAL PHASE II fense, for military construction, and the Department of Defense, an amount of the AWARDS.—Section 9(ff) of the Small Business for defense activities of the Depart- budget for basic research of the Department Act (15 U.S.C. 638(ff)) is amended by adding ment of Energy, to prescribe military of Defense)’’ after ‘‘research’’; and at the end the following: personnel strengths for such fiscal (3) in paragraph (4), by inserting ‘‘(or for ‘‘(3) CLARIFICATION OF SEQUENTIAL PHASE II year, and for other purposes; which was the Department of Defense an amount of the AWARDS.—The head of a Federal agency shall ordered to lie on the table; as follows: budget for research, development, test, and ensure that any sequential Phase II award is evaluation of the Department of Defense)’’ made in accordance with the limitations on At the end, add the following: after ‘‘of the agency’’. award sizes under subsection (aa). DIVISION F—SBIR AND STTR (b) STTR.—Section 9(n)(1) of the Small ‘‘(4) CROSS-AGENCY SEQUENTIAL PHASE II REAUTHORIZATION AND IMPROVEMENTS Business Act (15 U.S.C. 638(n)(1)) is amend- AWARDS.—A small business concern that re- SEC. 6001. SHORT TITLE. ed— ceives a sequential Phase II SBIR or Phase II This division may be cited as the ‘‘SBIR (1) in subparagraph (A)— STTR award for a project from a Federal and STTR Reauthorization and Improvement (A) by striking ‘‘expend’’ and inserting agency is eligible to receive an additional se- Act of 2016’’. ‘‘obligate for expenditure’’; and quential Phase II award that continues work (B) by striking ‘‘not less than the percent- on that project from another Federal agen- TITLE LXI—REAUTHORIZATION OF cy.’’. PROGRAMS age of that extramural budget specified in subparagraph (B)’’ and inserting ‘‘for a Fed- TITLE LXIII—COMMERCIALIZATION SEC. 6101. PERMANENCY OF SBIR PROGRAM AND eral agency other than the Department of IMPROVEMENTS STTR PROGRAM. Defense, not less than the percentage of that (a) SBIR.—Section 9(m) of the Small Busi- SEC. 6301. PERMANENCY OF THE COMMER- extramural budget specified in subparagraph ness Act (15 U.S.C. 638(m)) is amended— CIALIZATION PILOT PROGRAM FOR (B) and, for the Department of Defense, not CIVILIAN AGENCIES. (1) in the subsection heading, by striking less than the percentage of the budget for re- Section 9(gg) of the Small Business Act (15 ‘‘TERMINATION’’ and inserting ‘‘SBIR PRO- search, development, test, and evaluation of U.S.C. 638(gg)) is amended— GRAM AUTHORIZATION’’; and the Department of Defense specified in sub- (1) in the subsection heading, by striking (2) by striking ‘‘terminate on September paragraph (B)’’ ‘‘PILOT PROGRAM’’ and inserting ‘‘COMMER- 30, 2017’’ and inserting ‘‘be in effect for each (2) in subparagraph (B)— CIALIZATION DEVELOPMENT AWARDS’’; fiscal year’’. (A) in the matter preceding clause (i), by (2) by striking paragraphs (2), (7), and (8); (b) STTR.—Section 9(n)(1)(A) of the Small striking ‘‘the extramural budget required to (3) by redesignating paragraphs (3), (4), (5), Business Act (15 U.S.C. 638(n)(1)(A)) is be expended by an agency’’ and inserting and (6) as paragraphs (2), (3), (4), and (5), re- amended by striking ‘‘through fiscal year ‘‘the extramural budget, for a Federal agen- spectively; 2017’’. cy other than the Department of Defense, (4) by adding at the end the following: TITLE LXII—ENHANCED SMALL BUSINESS and of the budget for research, development, ‘‘(6) DEFINITIONS.—In this subsection— ACCESS TO FEDERAL INNOVATION IN- test, and evaluation, for the Department of ‘‘(A) the term ‘commercialization develop- VESTMENTS Defense, required to be obligated for expendi- ment program’ means a program established SEC. 6201. ALLOCATION INCREASES AND TRANS- ture with small business concerns’’; by a covered Federal agency under paragraph PARENCY IN BASE CALCULATION. (B) in clause (iv), by striking ‘‘and’’ at the (1); and (a) SBIR.—Section 9(f) of the Small Busi- end; ‘‘(B) the term ‘covered Federal agency’— ness Act (15 U.S.C. 638(f)) is amended— (C) in clause (v), by striking ‘‘fiscal year ‘‘(i) means a Federal agency participating (1) in paragraph (1)— 2016 and each fiscal year thereafter.’’ and in- in the SBIR program or the STTR program; (A) in the matter preceding subparagraph serting ‘‘each of fiscal years 2016 and 2017;’’; and (A), by striking ‘‘expend’’ and inserting ‘‘ob- and ‘‘(ii) does not include the Department of ligate for expenditure’’; (D) by adding at the end the following: Defense.’’; and

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(5) by striking ‘‘pilot program’’ each place ‘‘(B) RECOVERY LIMITATIONS.—After con- case or controversy before any Federal judi- it appears and inserting ‘‘commercialization sultation with contracting or auditing au- cial or administrative tribunal concerning development program’’. thorities, the patent costs described in sub- the SBIR program or the STTR program of SEC. 6302. ENFORCEMENT OF NATIONAL SMALL paragraph (A) shall be allowable for tech- the Federal agency.’’. BUSINESS GOAL FOR FEDERAL RE- nology developed under a— SEC. 6306. CLARIFYING THE PHASE III PREF- SEARCH AND DEVELOPMENT. ‘‘(i) Phase I award, as indirect costs in an ERENCE. Section 9(h) of the Small Business Act (15 amount not greater than $5,000; U.S.C. 638(h)) is amended by inserting ‘‘, ‘‘(ii) Phase II award, as indirect costs in an Section 9(r) of the Small Business Act (15 which may not be less than 10 percent for fis- amount not greater than $15,000; and U.S.C. 638(r)) is amended— cal year 2018, and each fiscal year there- ‘‘(iii) Phase III award in which the Federal (1) by striking paragraph (4); after,’’ after ‘‘shall establish goals’’. Government has government purpose rights (2) by redesignating paragraph (2) as para- SEC. 6303. TRACKING RAPID INNOVATION FUND (as defined in section 227.7103-5 of title 48, graph (4), and transferring such paragraph to AWARDS IN ANNUAL CONGRES- Code of Federal Regulations).’’. after paragraph (3); and SIONAL REPORT. SEC. 6305. ANNUAL GAO AUDIT OF COMPLIANCE (3) by inserting after paragraph (1) the fol- Section 9(b)(7) of the Small Business Act WITH COMMERCIALIZATION GOALS. lowing: (15 U.S.C. 638(b)(7)) is amended— Section 9(nn) of the Small Business Act (15 ‘‘(2) PHASE III AWARD DIRECTION FOR AGEN- (1) in subparagraph (F), by striking ‘‘and’’ U.S.C. 638(nn)) is amended to read as follows: CIES AND PRIME CONTRACTORS.—To the great- at the end; ‘‘(nn) ANNUAL GAO REPORT ON GOVERN- est extent practicable, Federal agencies and (2) in subparagraph (G), by adding ‘‘and’’ at MENT COMPLIANCE WITH GOALS, INCENTIVES, Federal prime contractors shall issue Phase the end; and AND PHASE III PREFERENCE.—Not later than 1 III awards relating to technology, including (3) by adding at the end the following: year after the date of enactment of the SBIR sole source awards and awards under the De- ‘‘(H) information regarding awards under and STTR Reauthorization and Improvement fense Research and Development Rapid Inno- the Rapid Innovation Program under section Act of 2016, and every year thereafter until vation Program under section 1073 of the Ike 1073 of the Ike Skelton National Defense Au- the date that is 5 years after the date of en- Skelton National Defense Authorization Act thorization Act for Fiscal Year 2011 (Public actment of the SBIR and STTR Reauthoriza- for Fiscal Year 2011 (Public Law 111–383; 124 Law 111–383; 124 Stat. 4366; 10 U.S.C. 2359 tion and Improvement Act of 2016, the Comp- Stat. 4366; 10 U.S.C. 2359 note), to the SBIR note), including— troller General of the United States shall and STTR award recipients that developed ‘‘(i) the number and dollar amount of submit to the Committee on Small Business the technology.’’. awards made under the Rapid Innovation and Entrepreneurship of the Senate and the Committee on Small Business of the House SEC. 6307. IMPROVEMENTS TO TECHNICAL AND Program to business concerns receiving an BUSINESS ASSISTANCE. award under the SBIR program or the STTR of Representatives a report that— program; ‘‘(1) discusses the status of the compliance Section 9(q) of the Small Business Act (15 ‘‘(ii) the proportion of awards under the of Federal agencies with the requirements or U.S.C. 638(q)) is amended— Rapid Innovation Program made to business authorities established under— (1) in the subsection heading, by inserting concerns receiving an award under the SBIR ‘‘(A) subsection (h), relating to the estab- ‘‘AND BUSINESS’’ after ‘‘TECHNICAL’’; program or the STTR program; lishment by certain Federal agencies of a (2) in paragraph (1)— ‘‘(iii) the proportion of awards under the goal for funding agreements for research and (A) in the matter preceding subparagraph Rapid Innovation Program made to small research and development with small busi- (A)— business concerns; and ness concerns; (i) by striking ‘‘a vendor selected under ‘‘(iv) a projection of the effect on the num- ‘‘(B) subsection (y)(5)(A), relating to the paragraph (2)’’ and inserting ‘‘1 or more ven- ber of awards under the Rapid Innovation requirement for the Department of Defense dors selected under paragraph (2)(A)’’; Program if amounts to carry out the pro- to establish goals for the transition of Phase (ii) by inserting ‘‘and business’’ before ‘‘as- gram were made available as a fixed alloca- III technologies in subcontracting plans; sistance services’’; and tion of the amount appropriated to the De- ‘‘(C) subsection (y)(5)(B), relating to the re- (iii) by inserting ‘‘assistance with product partment of Defense for research, develop- quirement for the Department of Defense to sales, intellectual property protections, mar- ment, test, and evaluation, excluding establish procedures for a prime contractor ket research, market validation, and devel- amounts appropriated for the defense univer- to report the number and dollar amount of opment of regulatory plans and manufac- sities;’’. contracts with small business concerns for turing plans,’’ after ‘‘technologies,’’; and SEC. 6304. INTELLECTUAL PROPERTY PROTEC- Phase III SBIR projects or STTR projects of (B) in subparagraph (D), by inserting ‘‘, in- TION FOR TECHNOLOGY DEVELOP- the prime contractor; and cluding intellectual property protections’’ MENT. ‘‘(D) subsection (y)(6), relating to the re- before the period at the end; Section 9 of the Small Business Act (15 quirement for the Department of Defense to (3) in paragraph (2)— U.S.C. 638) is amended by adding at the end set a goal to increase the number of Phase II (A) by striking ‘‘Each agency may select a the following: SBIR and STTR contracts that transition vendor to assist small business concerns to ‘‘(tt) INTELLECTUAL PROPERTY PROTEC- into programs of record or fielded systems; meet’’ and inserting the following: TIONS.— ‘‘(2) includes, for a Federal agency that is ‘‘(A) IN GENERAL.—Each agency may select ‘‘(1) IN GENERAL.—Subject to paragraph in compliance with a requirement described 1 or more vendors from which small business (2)(B), the cost of seeking protection for in- under paragraph (1), a description of how the concerns may obtain assistance in meeting’’; tellectual property, including a trademark, Federal agency achieved compliance; and and copyright, or patent, that was created ‘‘(3) includes a list, organized by Federal (B) by adding at the end the following: through work performed under an SBIR or agency, of small business concerns that have ‘‘(B) SELECTION BY SMALL BUSINESS CON- STTR award is allowable as an indirect cost asserted that— CERN.—A small business concern may, by under that award. ‘‘(A) the Government or prime con- contract or otherwise, select 1 or more ven- ‘‘(2) CLARIFICATION OF PATENT COSTS.— tractor— dors to assist the small business concern in ‘‘(A) IN GENERAL.—A Federal agency shall ‘‘(i) did not protect the intellectual prop- meeting the goals listed in paragraph (1).’’; not directly or indirectly inhibit, through erty of the small business concern in accord- and the policies, directives, or practices of the ance with data rights under the SBIR or (4) in paragraph (3)— Federal agency, an otherwise eligible small STTR award; or (A) by inserting ‘‘(A)’’ after ‘‘paragraph business concern performing under an SBIR ‘‘(ii) issued a Phase III SBIR or STTR (2)’’ each place it appears; or STTR award from recovering patent costs award conditional on relinquishing data (B) in subparagraph (A), by striking ‘‘$5,000 incurred as requirements under that award, rights; per year’’ each place it appears and inserting including— ‘‘(B) the Federal agency solicited bids for a ‘‘$6,500 per project’’; ‘‘(i) the costs of preparing— contract, or provided funding to an entity (C) in subparagraph (B)— ‘‘(I) invention disclosures; other than the small business concern re- (i) by striking ‘‘$5,000 per year’’ each place ‘‘(II) reports; and ceiving the SBIR or STTR award, that was it appears and inserting ‘‘$35,000 per ‘‘(III) other documents; for work that derived from, extended, or project’’; and ‘‘(ii) the costs for searching the art to the completed efforts made under prior funding (ii) in clause (ii), by striking ‘‘which shall extent necessary to make the invention dis- agreements under the SBIR program or be in addition to the amount of the recipi- closures; STTR program; ent’s award’’ and inserting ‘‘which may, as ‘‘(iii) other costs in connection with the ‘‘(C) the Government or prime contractor determined appropriate by the head of the filing and prosecution of a United States pat- did not comply with the SBIR and STTR pol- Federal agency, be included as part of the re- ent application where title or royalty-free li- icy directives and the small business concern cipient’s award or be in addition to the cense is to be conveyed to the Federal Gov- filed a comment or complaint to the Office of amount of the recipient’s award’’; ernment; and the National Ombudsman or appealed to the (D) in subparagraph (C)— ‘‘(iv) general counseling services relating Administrator for intervention; or (i) by inserting ‘‘or business’’ after ‘‘tech- to patent matters, including advice on pat- ‘‘(D) the Federal agency did not comply nical’’; ent laws, regulations, clauses, and employee with subsection (g)(12) or (o)(16) requiring (ii) by striking ‘‘the vendor’’ and inserting agreements. timely notice to the Administrator of any ‘‘a vendor’’; and

VerDate Sep 11 2014 04:45 May 27, 2016 Jkt 059060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.043 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3307 (iii) by adding at the end the following: April 1 of each fiscal year for awards to carry ‘‘(F) to identify sources of outside funding ‘‘Business-related services aimed at improv- out clauses (ii) and (iii) of paragraph (7)(B) for applicants for an award under the SBIR ing the commercialization success of a small after providing written notice to— program or the STTR program, including business concern may be obtained from an ‘‘(i) the Committee on Small Business and venture capitalists, angel investor groups, entity, such as a public or private organiza- Entrepreneurship and the Committee on Ap- private industry, crowd funding, and special tion or an agency of or other entity estab- propriations of the Senate; and loan programs; and lished or funded by a State that facilitates ‘‘(ii) the Committee on Small Business and ‘‘(G) to offer increased one-on-one engage- or accelerates the commercialization of the Committee on Appropriations of the ments with companies and entrepreneurs for technologies or assists in the creation and House of Representatives.’’; and SBIR program and STTR program education, growth of private enterprises that are com- (2) by adding after subsection (tt), as added assistance, and successful outcomes. mercializing technology.’’; by section 6304 of this Act, the following: ‘‘(4) APPLICATION.— ‘‘(A) IN GENERAL.—A regional collaborative (E) in subparagraph (D)— ‘‘(uu) REGIONAL SBIR STATE COLLABO- that desires to participate in the pilot pro- (i) by inserting ‘‘or business’’ after ‘‘tech- RATIVE INITIATIVE PILOT PROGRAM.— gram shall submit to the Administrator an nical’’ each place it appears; and ‘‘(1) DEFINITIONS.—In this subsection— (ii) in clause (i)— ‘‘(A) the term ‘eligible entity’ means— application at such time, in such manner, (I) by striking ‘‘the vendor’’ and inserting ‘‘(i) a research institution; and and containing such information as the Ad- ministrator may require. ‘‘1 or more vendors’’; and ‘‘(ii) a small business concern; ‘‘(B) INCLUSION OF LEAD ELIGIBLE ENTITIES (II) by striking ‘‘provides’’ and inserting ‘‘(B) the term ‘eligible State’ means— AND COORDINATOR.—A regional collaborative ‘‘provide’’; and ‘‘(i) a State that the Administrator deter- shall include in an application submitted (F) by adding at the end the following: mines is in the bottom half of States, based under subparagraph (A)— ‘‘(E) MULTIPLE AWARD RECIPIENTS.—The on the average number of annual SBIR pro- ‘‘(i) the name of each lead eligible entity Administrator shall establish a limit on the gram awards made to companies in the State from each eligible State in the regional col- amount of technical and business assistance for the preceding 3 years for which the Ad- laborative, as designated under paragraph services that may be received or purchased ministration has applicable data; and under subparagraph (B) by small business (5)(A); and ‘‘(ii) an EPSCoR State that— ‘‘(ii) the name of the coordinator for the concerns with respect to multiple Phase II ‘‘(I) is a State described in clause (i); or SBIR or STTR awards for a fiscal year.’’. regional collaborative, as designated under ‘‘(II) is— paragraph (6). TITLE LXIV—PROGRAM DIVERSIFICATION ‘‘(aa) not a State described in clause (i); ‘‘(C) AVOIDANCE OF DUPLICATION.—A re- INITIATIVES and gional collaborative shall include in an ap- SEC. 6401. REGIONAL SBIR STATE COLLABO- ‘‘(bb) invited to participate in a regional plication submitted under subparagraph (A) RATIVE INITIATIVE PILOT PRO- collaborative; an explanation as to how the activities of GRAM. ‘‘(C) the term ‘EPSCoR State’ means a the regional collaborative under the pilot Section 9 of the Small Business Act (15 State that participates in the Experimental program would differ from other State and U.S.C. 638) is amended— Program to Stimulate Competitive Research Federal outreach activities in each eligible (1) in subsection (mm)— of the National Science Foundation, as es- State in the regional collaborative. (A) in paragraph (1)— tablished under section 113 of the National ‘‘(5) LEAD ELIGIBLE ENTITY.— (i) in the matter preceding subparagraph Science Foundation Authorization Act of ‘‘(A) IN GENERAL.—Each eligible State in a (A), by striking ‘‘2017’’ and inserting ‘‘2021’’; 1988 (42 U.S.C. 1862g); regional collaborative shall designate 1 eligi- (ii) in subparagraph (I), by striking ‘‘and’’ ‘‘(D) the term ‘FAST program’ means the ble entity located in the eligible State to at the end; Federal and State Technology Partnership serve as the lead eligible entity for the eligi- (iii) in subparagraph (J), by striking the Program established under section 34; ble State. period and inserting ‘‘; and’’; and ‘‘(E) the term ‘pilot program’ means the ‘‘(B) AUTHORIZATION BY GOVERNOR.—Each (iv) by adding at the end the following: Regional SBIR State Collaborative Initiative lead eligible entity designated under sub- ‘‘(K) funding for improvements that in- Pilot Program established under paragraph paragraph (A) shall be authorized to act as crease commonality across data systems, re- (2); the lead eligible entity by the Governor of duce redundancy, and improve data over- ‘‘(F) the term ‘regional collaborative’ the applicable eligible State. sight and accuracy.’’; and means a collaborative consisting of eligible ‘‘(C) RESPONSIBILITIES.—Each lead eligible (B) by adding at the end the following: entities that are located in not less than 3 el- entity designated under subparagraph (A) ‘‘(7) SBIR AND STTR PROGRAMS; FAST PRO- igible States; and shall be responsible for administering the ac- GRAM.— ‘‘(G) the term ‘State’ means any State of tivities and program initiatives described in ‘‘(A) DEFINITION.—In this paragraph, the the United States, the District of Columbia, paragraph (7) in the applicable eligible State. term ‘covered Federal agency’ means a Fed- the Commonwealth of Puerto Rico, and any ‘‘(6) REGIONAL COLLABORATIVE COORDI- eral agency that— territory or possession of the United States. NATOR.—Each regional collaborative shall ‘‘(i) is required to conduct an SBIR pro- ‘‘(2) ESTABLISHMENT.—The Administrator designate a coordinator from amongst the el- gram; and shall establish a pilot program, to be known igible entities located in the eligible States ‘‘(ii) elects to use the funds allocated to as the Regional SBIR State Collaborative in the regional collaborative, who shall serve the SBIR program of the Federal agency for Initiative Pilot Program, under which the as the interface between the regional col- the purposes described in paragraph (1). Administrator shall provide awards to re- laborative and the Administration with re- ‘‘(B) REQUIREMENT.—Each covered Federal gional collaboratives to address the needs of spect to measuring cross-State collaboration agency shall transfer an amount equal to 15 small business concerns in order to be more and program effectiveness and documenting percent of the funds that are used for the competitive in the proposal and selection best practices. purposes described in paragraph (1) to the process for awards under the SBIR program ‘‘(7) USE OF FUNDS.—Each regional collabo- Administration— and the STTR program and to increase tech- rative that is provided an award under the ‘‘(i) for the Regional SBIR State Collabo- nology transfer and commercialization. pilot program may, in each eligible State in rative Initiative Pilot Program established ‘‘(3) GOALS.—The goals of the pilot pro- which an eligible entity of the regional col- under subsection (uu); gram are— laborative is located— ‘‘(ii) for the Federal and State Technology ‘‘(A) to create regional collaboratives that ‘‘(A) establish an initiative under which Partnership Program established under sec- allow eligible entities to work cooperatively first-time applicants for an award under the tion 34; and to leverage resources to address the needs of SBIR program or the STTR program are re- ‘‘(iii) to support the Office of the Adminis- small business concerns; viewed by experienced, national experts in tration that administers the SBIR program ‘‘(B) to grow SBIR program and STTR pro- the United States, as determined by the lead and the STTR program, subject to agree- gram cooperative research and development eligible entity designated under paragraph ment from other agencies about how the and commercialization through increased (5)(A); funds will be used, in carrying out those pro- awards under those programs; ‘‘(B) engage national mentors on a fre- grams and the programs described in clauses ‘‘(C) to increase the participation of States quent basis to work directly with applicants (i) and (ii). that have historically received a lower level for an award under the SBIR program or the ‘‘(8) PILOT PROGRAM.— of awards under the SBIR program and the STTR program, particularly during Phase II, ‘‘(A) IN GENERAL.—Of amounts provided to STTR program; to assist with the process of preparing and the Administration under paragraph (7), not ‘‘(D) to utilize the strengths and advan- submitting a proposal; less than $5,000,000 shall be used to provide tages of regional collaboratives to better le- ‘‘(C) create and make available an online awards under the Regional SBIR State Col- verage resources, best practices, and econo- mechanism to serve as a resource for appli- laborative Initiative Pilot Program estab- mies of scale in a region for the purpose of cants for an award under the SBIR program lished under subsection (uu) for each fiscal increasing awards and increasing the com- or the STTR program to identify and con- year in which the program is in effect. mercialization of the SBIR program and nect with Federal labs, prime government ‘‘(B) DISBURSEMENT FLEXIBILITY.—The Ad- STTR projects; contractor companies, other industry part- ministration may use any unused funds ‘‘(E) to increase the competitiveness of the ners, and regional industry cluster organiza- made available under subparagraph (A) as of SBIR program and the STTR program; tions;

VerDate Sep 11 2014 04:45 May 27, 2016 Jkt 059060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.043 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3308 CONGRESSIONAL RECORD — SENATE May 26, 2016 ‘‘(D) conduct focused and concentrated (B) in paragraph (2), by striking ‘‘fiscal SEC. 6502. IMPLEMENTATION OF OUTSTANDING outreach efforts to increase participation in years 2001 through 2005’’ and inserting ‘‘each REAUTHORIZATION PROVISIONS. the SBIR program and the STTR program by of fiscal years 2017 through 2021’’; and (a) IN GENERAL.—Section 9(mm) of the small business concerns owned and con- (2) in subsection (i), by striking ‘‘Sep- Small Business Act (15 U.S.C. 638(mm)), as trolled by women, small business concerns tember 30, 2005’’ and inserting ‘‘September amended by section 6401(1) of this Act, is owned and controlled by veterans, small 30, 2021’’. amended— business concerns owned and controlled by (1) in paragraph (1), by striking ‘‘paragraph TITLE LXV—OVERSIGHT AND socially and economically disadvantaged in- (3)’’ and inserting ‘‘paragraphs (3) and (9)’’; SIMPLIFICATION INITIATIVES dividuals (as defined in section 8(d)(3)(C)), and and historically black colleges and univer- SEC. 6501. DATA MODERNIZATION SUMMIT. (2) by adding at the end the following: USPENSION OF FUNDING sities; (a) DEFINITIONS.—In this section— ‘‘(9) S .— ‘‘(E) administer a structured program of (1) the term ‘‘Administration’’ means the ‘‘(A) FOR FEDERAL AGENCIES.— training and technical assistance— Small Business Administration; ‘‘(i) IN GENERAL.—For fiscal years 2018 and ‘‘(i) to prepare applicants for an award (2) the term ‘‘Committee’’ means the SBIR 2019, any Federal agency that has not imple- under the SBIR program or the STTR pro- and STTR Interagency Policy Committee es- mented each provision of law described in gram— tablished under subsection (b); clause (ii)— ‘‘(I) to compete more effectively for Phase (3) the terms ‘‘Federal agency’’, ‘‘SBIR’’, ‘‘(I) shall continue to provide amounts to I and Phase II awards; and and ‘‘STTR’’ have the meanings given such the Administration in accordance with para- ‘‘(II) to develop and implement a successful terms under section 9(e) of the Small Busi- graph (7)(B); and commercialization plan; ness Act (15 U.S.C. 638(e)); ‘‘(II) may not use any additional amounts ‘‘(ii) to assist eligible States focusing on (4) the term ‘‘participating Federal agen- as described in paragraph (1) until 30 days transition and commercialization to win cy’’ means a Federal agency with an SBIR after the date on which the Federal agency Phase III awards from public and private program or an STTR program; submits to the Committee on Small Business partners; (5) the term ‘‘phase’’ means Phase I, Phase and Entrepreneurship of the Senate and the ‘‘(iii) to create more competitive proposals II, and Phase III, as those terms are defined Committee on Small Business of the House to increase awards from all Federal sources, under section 9(e) of the Small Business Act of Representatives documentation dem- with a focus on awards under the SBIR pro- (15 U.S.C. 638(e)); and onstrating that the Federal agency has im- gram and the STTR program; and (6) the term ‘‘small business concern’’ has plemented and is in compliance with each ‘‘(iv) to assist first-time applicants by pro- the meaning given that term under section 3 provision of law described in clause (ii). viding small grants for proof of concept re- of the Small Business Act (15 U.S.C. 632). ‘‘(ii) PROVISIONS.—The provisions of law de- search; and scribed in this subparagraph are the fol- (b) ESTABLISHMENT.—There is established lowing: ‘‘(F) assist applicants for an award under an interagency committee to be known as the SBIR program or the STTR program to ‘‘(I) Subsection (r)(4), relating to Phase III the ‘‘SBIR and STTR Interagency Policy preferences. identify sources of outside funding, including Committee’’. venture capitalists, angel investor groups, ‘‘(II) Paragraphs (5) and (6) of subsection private industry, crowd funding, and special (c) MEMBERSHIP.—The Committee shall in- (y), relating to insertion goals. loan programs. clude— ‘‘(III) Subsection (g)(4)(B), relating to (1) 2 representatives from each partici- ‘‘(8) AWARD AMOUNT.— shortening the decision time for SBIR pating Federal agency, of which— ‘‘(A) IN GENERAL.—The Administrator shall awards. provide an award to each eligible State in (A) 1 shall have expertise with respect to ‘‘(IV) Subsection (o)(4)(B), relating to which an eligible entity of a regional col- the SBIR program and STTR program of the shortening the decision time for STTR laborative is located in an amount that is Federal agency; and awards. not more than $300,000 to carry out the ac- (B) 1 shall have expertise with respect to ‘‘(V) Subsection (v), relating to reducing tivities described in paragraph (7). the information technology systems of the paperwork and compliance burdens. Federal agency; and ‘‘(B) LIMITATION.— ‘‘(B) FOR ADMINISTRATION.—For fiscal years (2) 2 representatives from the Administra- ‘‘(i) IN GENERAL.—An eligible State may 2018 and 2019, if the Administration is not in not receive an award under both the FAST tion, of which— compliance with subsection (b)(7), relating program and the pilot program for the same (A) 1 shall serve as chairperson of the Com- to annual reports to Congress, the Adminis- year. mittee; and tration may not use amounts received under (B) 1 shall be from the Information Tech- ‘‘(ii) RULE OF CONSTRUCTION.—Nothing in paragraph (7)(B) of this subsection for a pur- clause (i) shall be construed to prevent an el- nology Development Team of the Office of pose described in clause (iii) of such para- igible State from applying for an award Investment and Innovation of the Adminis- graph (7)(B).’’. under the FAST program and the pilot pro- tration. (b) CLARIFICATION OF REPORTING REQUIRE- gram for the same year. (d) DUTIES.—The Committee shall review MENT.—Section 9(b)(7) of the Small Business ‘‘(9) DURATION OF AWARD.—An award pro- the recommendations made in the report to Act (15 U.S.C. 638(b)(7)) is amended in the vided under the pilot program shall be for a Congress by the Office of Science and Tech- matter preceding subparagraph (A), by strik- period of not more than 1 year, and may be nology of the Administration entitled ing ‘‘not less than annually’’ and inserting renewed by the Administrator for 1 addi- ‘‘SBIR/STTR TechNet Public & Government ‘‘not later than December 31 of each year’’. tional year. Databases’’, dated September 15, 2014, and SEC. 6503. STRENGTHENING OF THE REQUIRE- ‘‘(10) TERMINATION.—The pilot program the practices of participating Federal agen- MENT TO SHORTEN THE APPLICA- shall terminate on September 30, 2021. cies to— TION REVIEW AND DECISION TIME. ‘‘(11) REPORT.—Not later than February 1, (1) determine how to collect data on Section 9 of the Small Business Act (15 2021, the Administrator shall submit to the achievements by small business concerns in U.S.C. 638) is amended— Committee on Small Business and Entrepre- each phase of the SBIR program and the (1) in subsection (g)(4), by striking sub- neurship of the Senate and the Committee STTR program and ensure collection and dis- paragraph (B) and inserting the following: on Small Business of the House of Represent- semination of such data in a timely, effi- ‘‘(B) make a final decision on each pro- atives a report on the pilot program, which cient, and uniform manner; posal submitted under the SBIR program— shall include— (2) establish a uniform baseline for metrics ‘‘(i) for the Department of Health and ‘‘(A) an assessment of the pilot program that support improving the solicitation, con- Human Services, not later than 1 year after and the effectiveness of the pilot program in tracting, funding, and execution of program the date on which the applicable solicitation meeting the goals described in paragraph (3); management in the SBIR program and the closes, with a goal to reduce the review and ‘‘(B) an assessment of the best practices, STTR program; decision time to less than 10 months by Sep- including an analysis of how the pilot pro- (3) normalize formatting and database tember 30, 2019; gram compares to the FAST program and a usage across participating Federal agencies; ‘‘(ii) for the Department of Agriculture and single-State approach; and and the National Science Foundation, not later ‘‘(C) recommendations as to whether any (4) determine the feasibility of developing than 6 months after the date on which the aspect of the pilot program should be ex- a common system across all participating applicable solicitation closes; or tended or made permanent.’’. Federal agencies and the paperwork require- ‘‘(iii) for any other Federal agency— ments under such a common system. ‘‘(I) not later than 90 days after the date on SEC. 6402. FEDERAL AND STATE TECHNOLOGY (e) IMPLEMENTATION.—Not later than Sep- which the applicable solicitation closes; or PARTNERSHIP PROGRAM. tember 31, 2018, the Committee shall brief ‘‘(II) if the Administrator authorizes an ex- Section 34 of the Small Business Act (15 the Committee on Small Business and Entre- tension with respect to a solicitation, not U.S.C. 657d) is amended— preneurship of the Senate and the Com- later than 90 days after the date that would (1) in subsection (h)— mittee on Small Business of the House of otherwise be applicable to the Federal agen- (A) in paragraph (1), by striking ‘‘2001 Representatives on the solutions identified cy under subclause (I);’’; and through 2005’’ and inserting ‘‘2017 through by the Committee under subsection (d) and (2) in subsection (o)(4), by striking sub- 2021’’; and resources needed to execute the solutions. paragraph (B) and inserting the following:

VerDate Sep 11 2014 04:45 May 27, 2016 Jkt 059060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.043 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3309 ‘‘(B) make a final decision on each pro- and socially and economically disadvantaged the small business concern under subsection posal submitted under the STTR program— small business concerns, as defined in sec- (b); and ‘‘(i) for the Department of Health and tion 8(a)(4); and (B) provides internships for covered STEM Human Services, not later than 1 year after ‘‘(B) establish goals for outreach by the interns; the date on which the applicable solicitation Federal agency to the small business con- (4) the terms ‘‘Federal agency’’, ‘‘SBIR’’, closes, with a goal to reduce the review and cerns described in subparagraph (A).’’; and and ‘‘STTR’’ have the meanings given those decision time to less than 10 months by Sep- (2) in subsection (o)(14), by striking ‘‘SBIR terms under section 9(e) of the Small Busi- tember 30, 2019; program;’’ and inserting ‘‘SBIR program, ness Act (15 U.S.C. 638(e)); ‘‘(ii) for the Department of Agriculture and under which the Federal agency shall— (5) the term ‘‘institution of higher edu- the National Science Foundation, not later ‘‘(A) provide outreach to small business cation’’ has the meaning given the term than 6 months after the date on which the concerns owned and controlled by women under section 101(a) of the Higher Education applicable solicitation closes; or and socially and economically disadvantaged Act of 1965 (20 U.S.C. 1001(a)); ‘‘(iii) for any other Federal agency— small business concerns, as defined in sec- (6) the term ‘‘person from an underrep- ‘‘(I) not later than 90 days after the date on tion 8(a)(4); and resented population in the STEM fields’’ which the applicable solicitation closes; or ‘‘(B) establish goals for outreach by the means a person from a group that is under- ‘‘(II) if the Administrator authorizes an ex- Federal agency to the small business con- represented in the population of STEM stu- tension with respect to a solicitation, not cerns described in subparagraph (A).’’. dents, as determined by the Administrator; later than 90 days after the date that would SEC. 6603. STTR POLICY DIRECTIVE MODIFICA- (7) the term ‘‘pilot program’’ means the Di- otherwise be applicable to the Federal agen- TION. versity and STEM Workforce Development cy under subclause (I);’’. Section 9(p) of the Small Business Act (15 Pilot Program established under subsection SEC. 6504. CONTINUED GAO OVERSIGHT OF ALLO- U.S.C. 638(p)) is amended by adding at the (b); CATION COMPLIANCE AND ACCU- end the following: (8) the term ‘‘recent graduate’’, relating to RACY IN FUNDING BASE CALCULA- ‘‘(4) ADDITIONAL MODIFICATIONS.—Not later a woman or a person from an underrep- TIONS. than 120 days after the date of enactment of resented population in the STEM fields, Section 5136(a) of the National Defense Au- this paragraph, the Administrator shall mod- means that the woman or person from an thorization Act for Fiscal Year 2012 (15 ify the policy directive issued pursuant to underrepresented population in the STEM U.S.C. 638 note) is amended— this subsection to provide for enhanced out- fields earned an associate degree, bacca- (1) in the matter preceding paragraph (1), reach efforts to increase the participation of laureate degree, or postbaccalaureate from by striking ‘‘until the date that is 5 years small business concerns owned and con- an institution of higher education during the after the date of enactment of this Act’’ and trolled by women and socially and economi- 1-year period beginning on the date of the in- insert ‘‘until the date on which the Comp- cally disadvantaged small business concerns, ternship; troller General of the United States submits as defined in section 8(a)(4), in technological (9) the term ‘‘small business concern’’ has the report relating to fiscal year 2019’’; innovation and in STTR programs.’’. the meaning given the term under section 3 (2) in paragraph (1), by striking subpara- SEC. 6604. INTERAGENCY SBIR/STTR POLICY of the Small Business Act (15 U.S.C. 632); and graph (C) and inserting the following: COMMITTEE. (10) the term ‘‘STEM fields’’ means the ‘‘(C) assess whether the change in the base Section 5124 of the SBIR/STTR Reauthor- fields of science, technology, engineering, funding for the Department of Defense as re- ization Act of 2011 (Public Law 112–81; 125 and math. quired by subparagraphs (J) and (K) of sec- Stat. 1837) is amended— (b) PILOT PROGRAM FOR INTERNSHIPS FOR tion 9(f)(1) of the Small Business Act (15 (1) by redesignating subsection (d) as sub- WOMEN AND PEOPLE FROM UNDERREP- U.S.C. 638(f)(1))— section (e); and RESENTED POPULATIONS.—The Administrator ‘‘(i) improves transparency for determining (2) by inserting after subsection (c) the fol- shall establish a Diversity and STEM Work- whether the Department is complying with lowing: the allocation requirements; force Development Pilot Program to encour- ‘‘(d) MEETINGS.— age the business community to provide ‘‘(ii) reduces the burden of calculating the ‘‘(1) IN GENERAL.—The Interagency SBIR/ allocations; and workforce development opportunities for STTR Policy Committee shall meet not less covered STEM interns, under which a Fed- ‘‘(iii) improves the compliance of the De- than twice per year to carry out the duties partment with the allocation requirements; eral agency participating in the SBIR pro- under subsection (c). gram or STTR program may make a grant to and’’; and ‘‘(2) OUTREACH AND TECHNICAL ASSISTANCE (3) in paragraph (2) by striking ‘‘under sub- 1 or more eligible entities for the costs of in- ACTIVITIES.—If the Interagency SBIR/STTR ternships for covered STEM interns. paragraph (B)’’ and inserting ‘‘under sub- Policy Committee meets to discuss outreach paragraphs (B) and (C)’’. and technical assistance activities to in- (c) AMOUNT AND USE OF GRANTS.— TITLE LXVI—PARTICIPATION BY WOMEN crease the participation of small business (1) AMOUNT.—A grant under subsection AND MINORITIES concerns that are underrepresented in the (b)— (A) may not be in an amount of more than SEC. 6601. SBA COORDINATION ON INCREASING SBIR and STTR programs, the Committee OUTREACH FOR WOMEN AND MI- shall invite to the meeting— $15,000 per fiscal year; and NORITY-OWNED BUSINESSES. ‘‘(A) a representative of the Minority Busi- (B) shall be in addition to the amount of Section 9(b) of the Small Business Act (15 ness Development Agency; and the award to the recipient under the SBIR U.S.C. 638(b)) is amended— ‘‘(B) relevant stakeholders that work to program or the STTR program. (1) in paragraph (8), by striking ‘‘and’’ at advance the interests of— (2) USE.—Not less than 90 percent of the the end; ‘‘(i) small business concerns owned and amount of a grant under subsection (b) shall (2) in paragraph (9), by striking the period controlled by women, as defined in section 3 be used by the eligible entity to provide sti- at the end and inserting ‘‘; and’’; and of the Small Business Act (15 U.S.C. 632); and pends or other similar payments to interns. (3) by adding at the end the following: ‘‘(ii) socially and economically disadvan- (d) EVALUATION.—Not later than January ‘‘(10) to coordinate with participating taged small business concerns, as defined in 31 of the first calendar year after the third agencies on efforts to increase outreach and section 8(a)(4) of the Small Business Act (15 fiscal year during which the Administrator awards under each of the SBIR and STTR U.S.C. 637(a)(4)).’’. carries out the pilot program, the Adminis- programs to small business concerns owned SEC. 6605. DIVERSITY AND STEM WORKFORCE trator shall submit to Congress— and controlled by women and socially and DEVELOPMENT PILOT PROGRAM. (1) data on the results of the pilot program, economically disadvantaged small business (a) DEFINITIONS.—In this section— such as the number and demographics of the concerns, as defined in section 8(a)(4).’’. (1) the term ‘‘Administrator’’ means the covered STEM interns participating in an in- SEC. 6602. FEDERAL AGENCY OUTREACH RE- Administrator of the Small Business Admin- ternship funded under the pilot program and QUIREMENTS FOR WOMEN AND MI- istration; the amount spent on such internships; and NORITY-OWNED BUSINESSES. (2) the term ‘‘covered STEM intern’’ means (2) an assessment of whether the pilot pro- Section 9 of the Small Business Act (15 a student at, or recent graduate from, an in- gram helped the SBIR program and STTR U.S.C. 638) is amended— stitution of higher education serving as an program achieve the congressional objective (1) in subsection (g)— intern— of fostering and encouraging the participa- (A) in paragraph (11), by striking ‘‘and’’ at (A) whose course of study studied is fo- tion of women and persons from underrep- the end; cused on the STEM fields; and resented populations in the STEM fields. (B) in paragraph (12), by striking the pe- (B) who is a woman or a person from an (e) TERMINATION.—The pilot program shall riod at the end and inserting ‘‘; and’’; and underrepresented population in the STEM terminate after the end of the fourth fiscal (C) by adding at the end the following: fields; year during which the Administrator carries ‘‘(13) implement an outreach program to (3) the term ‘‘eligible entity’’ means a small business concerns for the purpose of small business concern that— out the pilot program. enhancing its SBIR program, under which (A) is receiving amounts under an award (f) AUTHORIZATION OF APPROPRIATIONS.— the Federal agency shall— under the SBIR program or the STTR pro- There are authorized to be appropriated such ‘‘(A) provide outreach to small business gram of a Federal agency on the date on sums as may be necessary to carry out the concerns owned and controlled by women which the Federal agency awards a grant to pilot program.

VerDate Sep 11 2014 04:45 May 27, 2016 Jkt 059060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.043 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3310 CONGRESSIONAL RECORD — SENATE May 26, 2016 TITLE LXVII—TECHNICAL CHANGES and for defense activities of the De- lating to the achievement of an interoper- SEC. 6701. UNIFORM REFERENCE TO THE DE- partment of Energy, to prescribe mili- able electronic health record between the PARTMENT OF HEALTH AND HUMAN tary personnel strengths for such fiscal Department of Defense and the Department SERVICES. of Veterans Affairs that the Comptroller year, and for other purposes; which was General determines has not been addressed. Section 9 of the Small Business Act (15 ordered to lie on the table; as follows: U.S.C. 638) is amended— (1) in subsection (cc), by striking ‘‘Na- Strike section 829H. SA 4258. Mr. PORTMAN submitted an tional Institutes of Health’’ and inserting amendment intended to be proposed by ‘‘Department of Health and Human Serv- SA 4256. Mr. REID (for Mr. him to the bill S. 2943, to authorize ap- ices’’; and BLUMENTHAL) submitted an amendment propriations for fiscal year 2017 for (2) in subsection (dd)(1)(A), by striking intended to be proposed by Mr. REID to military activities of the Department ‘‘Director of the National Institutes of the bill S. 2943, to authorize appropria- of Defense, for military construction, Health’’ and inserting ‘‘Secretary of Health tions for fiscal year 2017 for military and for defense activities of the De- and Human Services’’. activities of the Department of De- partment of Energy, to prescribe mili- SEC. 6702. FLEXIBILITY FOR PHASE II AWARD IN- fense, for military construction, and tary personnel strengths for such fiscal VITATIONS. for defense activities of the Depart- year, and for other purposes; which was Section 9(e)(4)(B) of the Small Business Act (15 U.S.C. 638(e)(4)(B)) is amended in the ment of Energy, to prescribe military ordered to lie on the table; as follows: matter preceding clause (i)— personnel strengths for such fiscal At the end of subtitle I of title X, add the (1) by striking ‘‘, which shall not include year, and for other purposes; which was following: any invitation, pre-screening, or pre-selec- ordered to lie on the table; as follows: SEC. 1097. EXCEPTION FROM PUBLIC DISCLO- tion process for eligibility for Phase II,’’; and SURE OF MANIFEST INFORMATION At the end of subtitle I of title X, add the FOR THE SHIPMENT OF HOUSEHOLD (2) by inserting ‘‘in which eligibility for an following: GOODS OF MEMBERS OF THE UNI- award shall not be based only on an invita- SEC. 1097. PARTICIPATION OF VETERANS IN FORMED FORCES AND FEDERAL EM- tion, pre-screening, or pre-selection process TRANSITION ASSISTANCE PROGRAM PLOYEES. and’’ before ‘‘in which awards’’. OF DEPARTMENT OF DEFENSE. Section 431(c)(2) of the Tariff Act of 1930 (19 (a) IN GENERAL.—The Secretary of Vet- U.S.C. 1431(c)(2)) is amended— SA 4254. Mr. WYDEN (for himself, erans Affairs and the Secretary of Defense (1) in subparagraph (A), by striking ‘‘or’’ at Mr. PAUL, and Mr. MERKLEY) submitted shall enter into a memorandum of under- the end; an amendment intended to be proposed standing under which a veteran, during the (2) in subparagraph (B), by striking the pe- by him to the bill S. 2943, to authorize one-year period beginning on the date on riod at the end and inserting a semicolon and appropriations for fiscal year 2017 for which the veteran is discharged or separates ‘‘or’’; and from service in the Armed Forces, may par- military activities of the Department (3) by adding at the end the following new ticipate in the Transition Assistance Pro- subparagraph: of Defense, for military construction, gram (TAP) of the Department of Defense. ‘‘(C) the shipment consists of used house- and for defense activities of the De- (b) COUNSELING AT MILITARY INSTALLA- hold goods and personal effects, including partment of Energy, to prescribe mili- TIONS.—As part of their participation in the personally owned vehicles, which are items tary personnel strengths for such fiscal Transition Assistance Program under sub- that are for residential or professional use, year, and for other purposes; which was section (a), veterans may receive transition are not for commercial resale, and are owned ordered to lie on the table; as follows: assistance counseling under the program at by a private individual who is— any military installation at which transition ‘‘(i) an employee, as that term is defined in At the end of subtitle I of title X, add the assistance counseling is being provided to section 2105 of title 5, United States Code, following: members of the Armed Forces under the pro- who is shipping the goods and effects as part SEC. 1097. EXCLUSION OF INDUSTRIAL HEMP gram. of a transfer of the employee from one offi- FROM DEFINITION OF MARIHUANA. (c) VETERAN DEFINED.—In this section, the cial station to another for permanent duty (a) IN GENERAL.—Section 102 of the Con- term ‘‘veteran’’ has the meaning given that or the spouse or dependent, as that term is trolled Substances Act (21 U.S.C. 802) is term in section 101 of title 38, United States defined in section 8901 of such title, of such amended— Code. employee; or (1) in paragraph (16)— ‘‘(ii) a member of a uniformed service, as (A) by striking ‘‘(16) The’’ and inserting SA 4257. Mr. HELLER (for himself that term is defined in section 101 of title 37, ‘‘(16)(A) The’’; and and Mr. CASEY) submitted an amend- United States Code, who is shipping the (B) by adding at the end the following: ment intended to be proposed by him goods and effects as part of a permanent ‘‘(B) The term ‘marihuana’ does not in- change of station or a dependent, as that clude industrial hemp.’’; and to the bill S. 2943, to authorize appro- priations for fiscal year 2017 for mili- term is defined in section 401 of such title, of (2) by adding at the end the following: such member.’’. ‘‘(57) The term ‘industrial hemp’ means the tary activities of the Department of plant Cannabis sativa L. and any part of Defense, for military construction, and SA 4259. Mr. PORTMAN submitted an such plant, whether growing or not, with a for defense activities of the Depart- amendment intended to be proposed by delta-9 tetrahydrocannabinol concentration ment of Energy, to prescribe military him to the bill S. 2943, to authorize ap- of not more than 0.3 percent on a dry weight personnel strengths for such fiscal propriations for fiscal year 2017 for basis.’’. year, and for other purposes; which was (b) INDUSTRIAL HEMP DETERMINATION BY military activities of the Department ordered to lie on the table; as follows: STATES.—Section 201 of the Controlled Sub- of Defense, for military construction, stances Act (21 U.S.C. 811) is amended by At the end of subtitle B of title VII, add and for defense activities of the De- adding at the end the following: the following: partment of Energy, to prescribe mili- ‘‘(k) INDUSTRIAL HEMP DETERMINATION.—If SEC. 740. IMPLEMENTATION OF RECOMMENDA- tary personnel strengths for such fiscal a person grows or processes Cannabis sativa TIONS REGARDING INTEROPERABLE year, and for other purposes; which was ELECTRONIC HEALTH RECORD BE- L. for purposes of making industrial hemp in ordered to lie on the table; as follows: accordance with State law, the Cannabis TWEEN THE DEPARTMENT OF DE- FENSE AND THE DEPARTMENT OF At the end of subtitle H of title VIII, add sativa L. shall be deemed to meet the con- VETERANS AFFAIRS. the following: centration limitation under section 102(57), (a) IN GENERAL.—Not later than September unless the Attorney General determines that SEC. 899C. STRATEGIC SOURCING IMPROVE- 30, 2017, the Secretary of Defense and the MENTS. the State law is not reasonably calculated to Secretary of Veterans Affairs shall imple- (a) DEFINITIONS.—In this section— comply with section 102(57).’’. ment all recommendations set forth by the (1) the term ‘‘Department’’ means the De- Comptroller General of the United States be- partment of Defense; SA 4255. Mr. REID (for Mr. fore the date of the enactment of this Act re- (2) the term ‘‘Secretary’’ means the Sec- BLUMENTHAL (for himself, Mrs. MUR- garding the achievement of an interoperable retary of Defense; and RAY, Mr. FRANKEN, Mrs. GILLIBRAND, electronic health record between the Depart- (3) the term ‘‘small business concern’’ has Mr. BROWN, Mr. SANDERS, Mr. LEAHY, ment of Defense and the Department of Vet- the meaning given that term under section 3 Ms. BALDWIN, Mr. MERKLEY, Mr. REED, erans Affairs. of the Small Business Act (15 U.S.C. 632). and Mrs. BOXER)) submitted an amend- (b) REPORT.—Not later than 180 days after (b) FINDINGS AND PURPOSES.— ment intended to be proposed by Mr. the date of the enactment of this Act, the (1) FINDINGS.—Congress finds the following: Secretary of Defense and the Secretary of (A) Congress supports efforts by agencies REID to the bill S. 2943, to authorize ap- Veterans Affairs shall jointly submit to Con- to achieve efficiencies in the procurement of propriations for fiscal year 2017 for gress a report on the progress of the Sec- goods and services. military activities of the Department retary of Defense and the Secretary of Vet- (B) The Government Accountability Office of Defense, for military construction, erans Affairs in completing each action re- has reported that efficiencies and savings

VerDate Sep 11 2014 04:45 May 27, 2016 Jkt 059060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.043 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3311 may be possible through the use of strategic propriations for fiscal year 2017 for SA 4262. Mr. KIRK submitted an sourcing, which is a process that moves an military activities of the Department amendment intended to be proposed by organization away from numerous individual of Defense, for military construction, him to the bill S. 2943, to authorize ap- procurements toward a broader, more aggre- and for defense activities of the De- propriations for fiscal year 2017 for gate approach. (C) At the same time, Congress is con- partment of Energy, to prescribe mili- military activities of the Department cerned that strategic sourcing could have a tary personnel strengths for such fiscal of Defense, for military construction, negative impact on some small business con- year, and for other purposes; which was and for defense activities of the De- cerns. ordered to lie on the table; as follows: partment of Energy, to prescribe mili- (D) The Department has taken steps to At the appropriate place in title X, insert tary personnel strengths for such fiscal consider this potential impact, but the Gov- the following: year, and for other purposes; which was ernment Accountability Office has found SEC. ll. ENROLLMENT OF CIVILIAN EMPLOY- ordered to lie on the table; as follows: that more could be done. EES OF THE HOMELAND SECURITY (2) PURPOSE.—The purpose of this section INDUSTRY IN THE UNITED STATES At the end of subtitle C of title V, add is to require the Department implement AIR FORCE INSTITUTE OF TECH- the following: NOLOGY. strategic sourcing in a manner consistent SEC. 538. QUALIFICATIONS FOR ENLISTMENT IN with the recommendations of Government (a) ENROLLMENT AUTHORIZED.—Section THE ARMED FORCES. Accountability Office, which are intended to 9314a of title 10, United States Code, is amended— (a) ADDITIONAL QUALIFIED PERSONS.—Para- maximize the benefits derived through stra- graph (1) of subsection (b) of section 504 of tegic sourcing while minimizing any undue (1) in subsection (a)— (A) in paragraph (1)— title 10, United States Code, is amended— negative impacts on small business concerns. (1) by redesignating subparagraph (C) as MPROVING THE USE OF STRATEGIC (i) by inserting ‘‘and homeland security in- (c) I subparagraph (E); and SOURCING.—Not later than 180 days after the dustry employees’’ after ‘‘defense industry (2) by inserting after subparagraph (B) the date of enactment of this Act— employees’’; following new subparagraphs: (1) the Secretary, acting through the (ii) by inserting ‘‘or homeland security in- ‘‘(C) A person who, at the time of enlist- Under Secretary of Defense for Acquisition, dustry employee’’ after ‘‘defense industry ment in an armed force, has resided continu- Technology, and Logistics, shall establish employee’’; and ously in a lawful status in the United States performance measures for the inclusion of (iii) by inserting ‘‘or homeland security-fo- for at least two years. small business concerns in Department-wide cused’’ after ‘‘defense-focused’’; ‘‘(D) A person who, at the time of enlist- strategic sourcing initiatives, including ef- (B) in paragraph (2), by striking ‘‘125 de- ment in an armed force, possesses an em- forts being conducted through the Federal fense industry employees’’ and inserting ‘‘an ployment authorization document issued by Strategic Sourcing Initiative and the Cat- aggregate of 125 defense industry employees United States Citizenship and Immigration egory Management Initiative; and homeland security industry employees’’; Services under the requirements of the De- (2) the Secretary shall submit to the Direc- and partment of Homeland Security policy enti- tor of the Office of Management and Budget, (C) in paragraph (3), by inserting ‘‘or home- tled ‘Deferred Action for Childhood Arrivals’ the Committee on Armed Services of the land security industry employee’’ after ‘‘de- (DACA).’’. Senate, and the Committee on Armed Serv- fense industry employee’’ each place it ap- ices of the House of Representatives baseline pears; (b) ADMISSION TO PERMANENT RESIDENCE OF data on, and performance measures for, the (2) in subsection (c), by inserting ‘‘and CERTAIN ENLISTEES.—Such section is further participation of small business concerns in homeland security industry employees’’ amended by adding at the end the following strategic sourcing initiatives established by after ‘‘defense industry employees’’ each new subsection: the Department, which shall include partici- place it appears; ‘‘(c) ADMISSION TO PERMANENT RESIDENCE pation as subcontractors to the extent fea- (3) in subsection (d)— OF CERTAIN ENLISTEES.—(1) A person de- sible and that data is available; and (A) in paragraph (1)— scribed in subsection (b) who, at the time of (3) the Administrator for Federal Procure- (i) by inserting ‘‘and homeland security in- enlistment in an armed force, is not a citizen ment Policy shall begin monitoring the in- dustry employees’’ after ‘‘defense industry or other national of the United States or clusion of small business concerns in stra- employees’’; and lawfully admitted for permanent residence tegic sourcing initiatives by the Depart- (ii) by inserting ‘‘or homeland security’’ shall be adjusted to the status of an alien ment, including evaluating whether the De- after ‘‘and defense’’; and lawfully admitted for permanent residence partment is meeting the performance meas- (B) in paragraph (2), by inserting ‘‘or the under the provisions of section 249 of the Im- ures described in paragraph (2). Department of Homeland Security, as appli- migration and Nationality Act (8 U.S.C. cable’’ after ‘‘the Department of Defense’’; 1259), except that the alien need not— SA 4260. Mr. DAINES (for himself, (4) in subsection (f), by inserting ‘‘and ‘‘(A) establish that he or she entered the Mr. MCCAIN, Mr. CARDIN, Mrs. ERNST, homeland security industry employees’’ United States prior to January 1, 1972; and after ‘‘defense industry employees’’. Ms. MIKULSKI, Mr. BLUMENTHAL, Mr. ‘‘(B) comply with section 212(e) of such Act (b) HOMELAND SECURITY INDUSTRY EMPLOY- (8 U.S.C. 1182(e)). GARDNER, Mr. BENNET, and Mr. WAR- EES.—Subsection (b) of such section is ‘‘(2) The Secretary of Homeland Security NER) submitted an amendment in- amended— tended to be proposed by him to the shall rescind the lawful permanent resident (1) by inserting after the first sentence the status of a person whose status was adjusted bill S. 2943, to authorize appropriations following new sentence: ‘‘For purposes of under paragraph (1) if the person is separated for fiscal year 2017 for military activi- this section, an eligible homeland security from the armed forces under other than hon- ties of the Department of Defense, for industry employee is an individual employed orable conditions before the person served military construction, and for defense by a private firm in one of the critical infra- for a period or periods aggregating five structure sectors identified in Presidential years. Such grounds for rescission are in ad- activities of the Department of Energy, Policy Directive 21 (Critical Infrastructure to prescribe military personnel dition to any other provided by law. The fact Security and Resilience).’’; and that the person was separated from the strengths for such fiscal year, and for (2) in the last sentence, by inserting ‘‘or other purposes; which was ordered to armed forces under other than honorable homeland security industry employee’’ after conditions shall be proved by a duly authen- lie on the table; as follows: ‘‘defense industry employee’’. ticated certification from the armed force in (c) CONFORMING AMENDMENTS.— At the end of subtitle B of title IX, add the which the person last served. The service of (1) SECTION HEADING AMENDMENT.—The following: the person in the armed forces shall be heading of such section is amended to read proved by duly authenticated copies of the SEC. 926. ESTABLISHMENT OF A UNIFIED COM- as follows: BATANT COMMAND FOR CYBER OP- service records of the person. ‘‘§ 9314a. United States Air Force Institute of ERATIONS FORCES. ‘‘(3) Nothing in this subsection shall be Technology: admission of defense industry With the advice and assistance of the construed to alter the process prescribed by civilians; admission of homeland security Chairman of the Joint Chiefs of Staff, the sections 328, 329, and 329A of the Immigration industry civilians’’. President shall, through the Secretary of De- and Nationality Act (8 U.S.C. 1439, 1440, 1440– fense, establish a unified combatant com- (2) CLERICAL AMENDMENT.—The table of 1) by which a person may naturalize through mand for cyber operations forces. The prin- sections at the beginning of chapter 901 of service in the armed forces.’’. cipal function of the command is to prepare such title is amended by striking the item (c) CLERICAL AMENDMENTS.— cyber operations forces to carry out assigned relating to section 9314a and inserting the (1) SECTION HEADING.—The heading of such missions and to execute such missions when following new item: section is amended to read as follows: directed. ‘‘9314a. United States Air Force Institute of Technology: admission of de- ‘‘§ 504. Persons not qualified; citizenship or SA 4261. Mr. PORTMAN submitted an fense industry civilians; admis- residency requirements; exceptions’’. amendment intended to be proposed by sion of homeland security in- (2) TABLE OF SECTIONS.—The table of sec- him to the bill S. 2943, to authorize ap- dustry civilians.’’. tions at the beginning of chapter 31 of such

VerDate Sep 11 2014 07:23 May 27, 2016 Jkt 059060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.044 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3312 CONGRESSIONAL RECORD — SENATE May 26, 2016 title is amended by striking the item relat- SEC. 1667. SENSE OF CONGRESS ON THE BAL- year, and for other purposes; which was ing to section 504 and inserting the following LISTIC MISSILE THREAT OF NORTH ordered to lie on the table; as follows: new item: KOREA AND THE DEPLOYMENT OF TERMINAL HIGH ALTITUDE AREA Beginning on page 45, strike line 20 and all ‘‘504. Persons not qualified; citizenship or DEFENSE IN SOUTH KOREA. that follows through page 47, line 22, and in- residency requirements; excep- It is the sense of Congress— sert the following: tions.’’. (1) that the short-range, medium-range, SEC. 126. REPORTING ON USS JOHN F. KENNEDY and long-range ballistic missile programs of (CV–79) AND USS ENTERPRISE (CVN– SEC. 539. TREATMENT OF CERTAIN PERSONS AS 80). HAVING SATISFIED ENGLISH AND the Democratic People’s Republic of Korea (DPRK) represent an imminent and growing (a) REPORT ON CVN–79 AND CVN–80.—Not CIVICS, GOOD MORAL CHARACTER, later than December 1, 2016, the Secretary of AND HONORABLE SERVICE AND DIS- threat to the Republic of Korea (ROK), the Navy and the Chief of Naval Operations CHARGE REQUIREMENTS FOR NATU- Japan, and the United States homeland; shall submit to the congressional defense RALIZATION. (2) that, according to open sources, the committees a report on alternatives, includ- Democratic People’s Republic of Korea cur- (a) IMMIGRATION AND NATIONALITY ACT.— ing de-scoping requirements if necessary, to rently fields an estimated 700 short-range The Immigration and Nationality Act (8 achieve a CVN–80 procurement end cost of U.S.C. 1101 et seq.) is amended by inserting ballistic missiles, 200 Nodong medium-range $12,000,000,000. In addition, the report shall after section 329A (8 U.S.C. 1440–1) the fol- ballistic missiles, and 100 Musudan inter- describe all applicable CVN–80 alternatives lowing: mediate-range ballistic missiles; that could be applied to CVN–79 to enable an (3) that, in March 2016, the United States ‘‘SEC. 329B. PERSONS WHO HAVE RECEIVED AN $11,000,000,000 procurement end cost. AWARD FOR ENGAGEMENT IN AC- and Republic of Korea officially began for- (b) ANNUAL REPORT ON CVN–79 AND CVN– TIVE COMBAT OR ACTIVE PARTICI- mal consultations regarding the deployment 80.— PATION IN COMBAT. of the Terminal High Altitude Area Defense (1) IN GENERAL.—The Secretary of the Navy (THAAD) missile defense system to the Re- ‘‘(a) IN GENERAL.— and the Chief of Naval Operations shall an- public of Korea; ‘‘(1) IN GENERAL.—For purposes of natu- nually submit, with the budget of the Presi- (4) that the Terminal High Altitude Area ralization and continuing citizenship under dent submitted to Congress under section Defense missile defense system would effec- the following provisions of law, a person who 1105(a) of title 31, United States Code, a tively complement and significantly has received an award described in sub- progress report describing efforts to attain strengthen the existing missile defense capa- section (b) shall be treated— the CVN–79 and CVN–80 procurement end bilities of the United States on the Korean ‘‘(A) as having satisfied the requirements costs specified in subsection (a). Peninsula; under sections 312(a) and 316(a)(3), and sub- (2) ELEMENTS.—The report under paragraph (5) that the Terminal High Altitude Area sections (b)(3), (c), and (e) of section 328; and (1) shall include the following elements: Defense missile defense system is a limited ‘‘(B) except as provided in paragraph (2), (A) A description of progress made toward defensive system that does not represent a under sections 328 and 329— achieving the procurement end costs speci- threat to any of the neighbors of the Repub- ‘‘(i) as having served honorably in the fied in subsection (a), including realized cost lic of Korea; Armed Forces for (in the case of section 328) savings. (6) to welcome deployment consultation a period or periods aggregating 1 year; and (B) A description of specific low value- talks between United States and the Repub- ‘‘(ii) if separated from such service, as hav- added or unnecessary elements of program lic of Korea on the Terminal High Altitude ing been separated under honorable condi- cost that have been reduced or eliminated. Area Defense missile defense system and to tions. (C) Cost savings estimates for current and consider the deployment of that system as a ‘‘(2) REVOCATION.—Notwithstanding para- planned initiatives. sovereign choice of the Republic of Korean graph (1)(B), any person who separated from (D) A schedule including a spend plan with Government and a bilateral decision of the the Armed Forces under other than honor- phasing of key obligations and outlays, deci- alliance between the United States and the able conditions may be subject to revocation sion points when savings could be realized, Republic of Korea to protect the citizens of of citizenship under section 328(f) or 329(c) if and key events that must take place to exe- the Republic of Korea against the growing the other requirements under such section cute initiatives and achieve savings. ballistic missile threat from the Democratic are met. (E) Instances of lower estimates used in People’s Republic of Korea and provide fur- contract negotiations. ‘‘(b) APPLICATION.—This section shall apply ther protection to alliance forces serving on (F) A description of risks to achieving the with respect to the following awards from the Korean Peninsula; and the Armed Forces of the United States: procurement end costs specified in sub- (7) to welcome joint missile defenses exer- section (a). ‘‘(1) The Combat Infantryman Badge from cises between the United States, the Repub- the Army. (G) A description of incentives or rewards lic of Korea, and Japan against the ballistic provided or planned to be provided for meet- ‘‘(2) The Combat Medical Badge from the missile threat from the Democratic People’s Army. ing the procurement end costs specified in Republic of Korea and encourage further tri- subsection (a). ‘‘(3) The Combat Action Badge from the lateral defense cooperation between the Army. United States, the Republic of Korea, and SA 4266. Mr. COCHRAN submitted an ‘‘(4) The Combat Action Ribbon from the Japan. amendment intended to be proposed by Navy, the Marine Corps, or the Coast Guard. ‘‘(5) The Air Force Combat Action Medal. him to the bill S. 2943, to authorize ap- SA 4264. Mr. COCHRAN submitted an propriations for fiscal year 2017 for ‘‘(6) Any other award that the Secretary of amendment intended to be proposed by Defense determines to be an equivalent military activities of the Department award for engagement in active combat or him to the bill S. 2943, to authorize ap- of Defense, for military construction, active participation in combat.’’. propriations for fiscal year 2017 for and for defense activities of the De- (b) CLERICAL AMENDMENT.—The table of military activities of the Department partment of Energy, to prescribe mili- contents of such Act (8 U.S.C. 1101 et seq.) is of Defense, for military construction, tary personnel strengths for such fiscal amended by inserting after the item relating and for defense activities of the De- year, and for other purposes; which was to section 329A the following: partment of Energy, to prescribe mili- ordered to lie on the table; as follows: ‘‘Sec. 329B. Persons who have received an tary personnel strengths for such fiscal Strike section 127. award for engagement in active year, and for other purposes; which was combat or active participation ordered to lie on the table; as follows: SA 4267. Mr. COCHRAN submitted an in combat.’’. On page 45, strike lines 1 through 13 and in- amendment intended to be proposed by sert the following: him to the bill S. 2943, to authorize ap- SA 4263. Mr. GARDNER submitted an SEC. 125. BASELINE ESTIMATE FOR THE AD- propriations for fiscal year 2017 for amendment intended to be proposed by VANCED ARRESTING GEAR PRO- military activities of the Department GRAM. of Defense, for military construction, him to the bill S. 2943, to authorize ap- The Secretary of Defense propriations for fiscal year 2017 for and for defense activities of the De- partment of Energy, to prescribe mili- military activities of the Department SA 4265. Mr. COCHRAN submitted an of Defense, for military construction, tary personnel strengths for such fiscal amendment intended to be proposed by year, and for other purposes; which was and for defense activities of the De- him to the bill S. 2943, to authorize ap- partment of Energy, to prescribe mili- ordered to lie on the table; as follows: propriations for fiscal year 2017 for In section 844, strike subsection (e). tary personnel strengths for such fiscal military activities of the Department year, and for other purposes; which was of Defense, for military construction, SA 4268. Mr. COCHRAN submitted an ordered to lie on the table; as follows: and for defense activities of the De- amendment intended to be proposed by At the end of subtitle E of title XVI, add partment of Energy, to prescribe mili- him to the bill S. 2943, to authorize ap- the following: tary personnel strengths for such fiscal propriations for fiscal year 2017 for

VerDate Sep 11 2014 06:28 May 27, 2016 Jkt 059060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.045 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3313 military activities of the Department Secretary of Defense, in consultation with SEC. 212. ENHANCEMENT AND PERMANENT AU- of Defense, for military construction, the Secretary of State and the Secretary of THORITY FOR DEFENSE RESEARCH AND DEVELOPMENT RAPID INNOVA- and for defense activities of the De- the Treasury— (1) determines that the waiver is important TION PROGRAM. partment of Energy, to prescribe mili- (a) COORDINATION OF PROGRAM.—Subsection to the national security interest of the (a) of section 1073 of the Ike Skelton Na- tary personnel strengths for such fiscal United States; and tional Defense Authorization Act for Fiscal year, and for other purposes; which was (2) submits to the appropriate committees Year 2011 (Public Law 111–383; 124 Stat. 4366; ordered to lie on the table; as follows: of Congress a notification of, and detailed 10 U.S.C. 2359 note) is amended by adding at justification for, the waiver not less than 30 Strike section 1038. the end the following: ‘‘The program shall be days before the date on which the waiver is coordinated with the senior acquisition ex- to take effect. SA 4269. Mr. COCHRAN submitted an ecutives of the departments, Agencies, and amendment intended to be proposed by (d) DEFINITIONS.—In this section: components of the Department of Defense.’’. him to the bill S. 2943, to authorize ap- (1) APPROPRIATE COMMITTEES OF CON- (b) DEPARTMENT OF DEFENSE EXPENDI- propriations for fiscal year 2017 for GRESS.—The term ‘‘appropriate committees TURES.—Subsection (d) of such section is military activities of the Department of Congress’’ means— amended to read as follows: (A) the Committee on Armed Services and ‘‘(d) DOD EXPENDITURES.—(1) For fiscal of Defense, for military construction, the Committee on Foreign Relations of the and for defense activities of the De- year 2018 and each fiscal year thereafter, the Senate; and Department of Defense shall obligate for ex- partment of Energy, to prescribe mili- (B) the Committee on Armed Services and penditure for eligible technologies not less tary personnel strengths for such fiscal the Committee on Foreign Affairs of the than 0.5 percent of the aggregate budget of year, and for other purposes; which was House of Representatives. the Department of Defense for such fiscal ordered to lie on the table; as follows: (2) COVERED IRANIAN PERSON.—The term year for research, development, test, and ‘‘covered Iranian person’’ means an Iranian Strike section 1260. evaluation and available for projects and ac- person that— tivities at the level of Advanced Component Mr. COCHRAN submitted an (A) is included on the list of specially des- Development Prototypes and above (referred SA 4270. ignated nationals and blocked persons main- amendment intended to be proposed by to as ‘6.4’ and above). tained by the Office of Foreign Assets Con- ‘‘(2) Nothing in paragraph (1) may be con- him to the bill S. 2943, to authorize ap- trol of the Department of the Treasury and strued to prohibit the departments, Agen- propriations for fiscal year 2017 for the property and interests in property of cies, and components of the Department military activities of the Department which are blocked pursuant to the Inter- from expending on eligible technologies in a of Defense, for military construction, national Emergency Economic Powers Act fiscal year an amount for that fiscal year in and for defense activities of the De- (50 U.S.C. 1701 et seq.) for acting on behalf of excess of the amount otherwise required by partment of Energy, to prescribe mili- or at the direction of, or being owned or con- that paragraph.’’. tary personnel strengths for such fiscal trolled by, the Government of Iran; (c) PERMANENT AUTHORITY.—Such section (B) is included on the list of persons identi- is further amended by striking subsection (f). year, and for other purposes; which was fied as blocked solely pursuant to Executive ordered to lie on the table; as follows: Order 13599; or SA 4273. Mrs. SHAHEEN submitted Strike section 1611. (C) in the case of an Iranian person de- an amendment intended to be proposed scribed in paragraph (3)(B)— by her to the bill S. 2943, to authorize SA 4271. Mr. COTTON submitted an (i) is owned, directly or indirectly, by— appropriations for fiscal year 2017 for amendment intended to be proposed by (I) Iran’s Revolutionary Guard Corps, or military activities of the Department any agent or affiliate thereof; or him to the bill S. 2943, to authorize ap- of Defense, for military construction, propriations for fiscal year 2017 for (II) one or more other Iranian persons that are included on the list of specially des- and for defense activities of the De- military activities of the Department ignated nationals and blocked persons as de- partment of Energy, to prescribe mili- of Defense, for military construction, scribed in subparagraph (A) if such Iranian tary personnel strengths for such fiscal and for defense activities of the De- persons collectively own a 25 percent or year, and for other purposes; which was partment of Energy, to prescribe mili- greater interest in the Iranian person; or ordered to lie on the table; as follows: tary personnel strengths for such fiscal (ii) is controlled, managed, or directed, di- At the end of subtitle H of title VIII, add year, and for other purposes; which was rectly or indirectly, by Iran’s Revolutionary the following: Guard Corps, or any agent or affiliate there- ordered to lie on the table; as follows: SEC. 899C. PILOT PROGRAM FOR STREAMLINED of, or by one or more other Iranian persons TECHNOLOGY TRANSITION FROM At the end of subtitle D of title XII, add described in clause (i)(II). the following: THE SBIR AND STTR PROGRAMS OF (3) IRANIAN PERSON.—The term ‘‘Iranian THE DEPARTMENT OF DEFENSE. SEC. 1227. LIMITATION ON USE OF FUNDS TO person’’ means— (a) DEFINITIONS.—In this section— PROCURE, OR ENTER INTO ANY CON- (A) an individual who is a national of Iran; TRACT FOR THE PROCUREMENT OF, (1) the terms ‘‘commercialization’’, ANY GOODS OR SERVICES FROM or ‘‘SBIR’’, ‘‘STTR’’, ‘‘Phase I’’, ‘‘Phase II’’, PERSONS THAT PROVIDE MATERIAL (B) an entity that is organized under the and ‘‘Phase III’’ have the meanings given SUPPORT TO CERTAIN IRANIAN PER- laws of Iran or otherwise subject to the juris- those terms in section 9(e) of the Small Busi- SONS. diction of the Government of Iran. ness Act (15 U.S.C. 638(e)); (a) LIMITATION.—No funds authorized to be (4) PERSON.—The term ‘‘person’’ means has (2) the term ‘‘covered small business con- appropriated for the Department of Defense the meaning given such term in section cern’’ means— for fiscal year 2017 may be used to procure, 560.305 of title 31, Code of Federal Regula- (A) a small business concern that com- or enter into any contract for the procure- tion, as such section 560.305 was in effect on pleted a Phase II award under the SBIR or ment of, any goods or services from any per- April 22, 2016. STTR program of the Department of De- son that provides material support to, in- (5) SIGNIFICANT TRANSACTION OR TRANS- fense; or cluding engaging in a significant transaction ACTIONS.—The term ‘‘significant transaction (B) a small business concern that— or transactions with, a covered Iranian per- or transactions’’ shall be determined, for (i) completed a Phase I award under the son during such fiscal year. purposes of this section, in accordance with SBIR or STTR program of the Department of (b) CERTIFICATION.—The Federal Acquisi- section 561.404 of title 31, Code of Federal Defense; and tion Regulation shall be revised to require a Regulations, as such section 561.404 was in ef- (ii) a contracting officer for the Depart- certification from each person that is a pro- fect on January 1, 2016. ment of Defense recommends for inclusion in spective contractor that such person does a multiple award contract described in sub- not engage in any of the conduct described in SA 4272. Mrs. SHAHEEN submitted section (b); subsection (a). Such revision shall apply an amendment intended to be proposed (3) the term ‘‘multiple award contract’’ has with respect to contracts in an amount by her to the bill S. 2943, to authorize the meaning given the term in section 3302(a) greater than the simplified acquisition of title 41, United States Code; threshold (as defined in section 134 of title appropriations for fiscal year 2017 for (4) the term ‘‘pilot program’’ means the 41, United States Code) for which solicita- military activities of the Department pilot program established under subsection tions are issued on or after the date that is of Defense, for military construction, (b); and 90 days after the date of the enactment of and for defense activities of the De- (5) the term ‘‘small business concern’’ has this Act. partment of Energy, to prescribe mili- the meaning given the term in section 3 of (c) WAIVER.—The Secretary of Defense, in tary personnel strengths for such fiscal the Small Business Act (15 U.S.C. 632). consultation with the Secretary of State and year, and for other purposes; which was (b) ESTABLISHMENT.—The Secretary of the the Secretary of the Treasury, may, on a Defense may establish a pilot program under case-by-case basis, waive the limitation in ordered to lie on the table; as follows: which the Department of Defense shall subsection (a) with respect to a person if the Strike section 212 and insert the following: award multiple award contracts to covered

VerDate Sep 11 2014 04:45 May 27, 2016 Jkt 059060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.046 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3314 CONGRESSIONAL RECORD — SENATE May 26, 2016 small business concerns for the purchase of on or after such date (not later than 1 year service. The report shall include an assess- technologies, supplies, or services that the after the date of enactment of this Act) as ment of— covered small business concern has devel- the Secretary of Defense shall determine, in (1) whether a continuing need exists for a oped through the SBIR or STTR program. consultation with the Director of the Office selective service system designed to produce (c) WAIVER OF COMPETITION IN CONTRACTING of Personnel Management. large quantities of combat troops; and ACT REQUIREMENTS.—The Secretary of the (2) if so, whether that system should in- Defense may establish procedures to waive SA 4275. Mr. MENENDEZ submitted clude mandatory registration by citizens and provisions of section 2304 of title 10, United an amendment intended to be proposed residents regardless of gender. States Code, for purposes of carrying out the by him to the bill S. 2943, to authorize (c) MODIFICATION ONLY PURSUANT TO STAT- pilot program. appropriations for fiscal year 2017 for UTE.—Section 3 of the Military Selective (d) USE OF CONTRACT VEHICLE.—A multiple military activities of the Department Service Act (50 U.S.C. 3802) is amended by award contract described in subsection (b) adding at the end the following new sub- may be used by any service or component of of Defense, for military construction, section: the Department of Defense. and for defense activities of the De- ‘‘(c) Any modification or change to the per- (e) TERMINATION.—The pilot program es- partment of Energy, to prescribe mili- sons subject to register pursuit to this sec- tablished under this section shall terminate tary personnel strengths for such fiscal tion may be made only through an Act of on September 30, 2022. year, and for other purposes; which was Congress.’’. (f) RULE OF CONSTRUCTION.—Nothing in this ordered to lie on the table; as follows: (d) PROHIBITION ON COURT JURISDICTION OF section shall be construed to prevent the At the end of subtitle I of title X, add the CLAIMS REGARDING CLASS OF PERSONS WITH commercialization of products and services following: DUTY TO REGISTER.—No court created by Act produced by a small business concern under of Congress shall have any jurisdiction, and an SBIR or STTR program of a Federal agen- SEC. 1097. CERTAIN SERVICE DEEMED TO BE AC- the Supreme Court shall have no appellate TIVE MILITARY SERVICE FOR PUR- cy through— POSES OF LAWS ADMINISTERED BY jurisdiction, to hear or decide any question (1) direct awards for Phase III of an SBIR THE SECRETARY OF VETERANS AF- or claim, whether filed before, on, or after or STTR program; or FAIRS. the date of the enactment of this Act, per- (2) any other contract vehicle. (a) IN GENERAL.—For purposes of section taining to the interpretation of, or the valid- 401(a)(1)(A) of the GI Bill Improvement Act ity under the Constitution of, the class of SA 4274. Mr. MENENDEZ (for himself of 1977 (38 U.S.C. 106 note), the Secretary of persons subject to the duty to register for and Mr. BOOKER) submitted an amend- Defense is deemed to have determined that purposes of the Military Selective Service ment intended to be proposed by him qualified service of an individual constituted Act (50 U.S.C. 3801 et seq.). to the bill S. 2943, to authorize appro- active military service. priations for fiscal year 2017 for mili- (b) DETERMINATION OF DISCHARGE STATUS.— SA 4277. Mr. LEE submitted an tary activities of the Department of The Secretary of Defense shall issue an hon- amendment intended to be proposed by orable discharge under section 401(a)(1)(B) of him to the bill S. 2943, to authorize ap- Defense, for military construction, and the GI Bill Improvement Act of 1977 to each for defense activities of the Depart- propriations for fiscal year 2017 for person whose qualified service warrants an military activities of the Department ment of Energy, to prescribe military honorable discharge. Such discharge shall be personnel strengths for such fiscal issued before the end of the one-year period of Defense, for military construction, year, and for other purposes; which was beginning on the date of the enactment of and for defense activities of the De- ordered to lie on the table; as follows: this Act. partment of Energy, to prescribe mili- (c) PROHIBITION OF RETROACTIVE BENE- At the end of subtitle A of title XI, add the tary personnel strengths for such fiscal FITS.—No benefits may be paid to any indi- following: year, and for other purposes; which was vidual as a result of the enactment of this ordered to lie on the table; as follows: SEC. 1114. PAY PARITY FOR DEPARTMENT OF DE- section for any period before the date of the FENSE EMPLOYEES EMPLOYED AT enactment of this Act. At the end of subtitle A of title XVI, add JOINT BASES. the following: (d) QUALIFIED SERVICE DEFINED.—In this (a) DEFINITIONS.—For purposes of this sec- section, the term ‘‘qualified service’’ means SEC. 1613. COMMERCIAL USE OF EXCESS INTER- tion— service of an individual as a member of the CONTINENTAL BALLISTIC MISSILES (1) the term ‘‘covered joint military instal- organization known as the United States BY UNITED STATES COMMERCIAL lation’’ means a joint military installation— SPACE TRANSPORTATION SERVICES Cadet Nurse Corps during the period begin- (A) created as a result of the recommenda- PROVIDERS. ning on July 1, 1943, and ending on December tions of the Defense Base Closure and Re- (a) IN GENERAL.—Section 50134(b) of title 15, 1945. alignment Commission in the 2005 base clo- 51, United States Code, is amended— (1) in the subsection heading, by inserting sure round; and SA 4276. Mr. LEE (for himself, Mr. (B) for which the Federal Prevailing Rate ‘‘AND UNITED STATES COMMERCIAL’’ after Advisory Committee has recommended that CRUZ, Mr. INHOFE, Mr. ROUNDS, Mr. ‘‘AUTHORIZED FEDERAL’’; and the Office of Personnel Management consoli- SASSE, and Mr. WICKER) submitted an (2) in paragraph (1)— date to be within the same pay locality; amendment intended to be proposed by (A) in the matter preceding subparagraph (2) the term ‘‘joint military installation’’ him to the bill S. 2943, to authorize ap- (A), by striking ‘‘A missile described’’ and all means 2 or more military installations reor- propriations for fiscal year 2017 for that follows through ‘‘such missile—’’ and ganized or otherwise associated and operated military activities of the Department inserting the following: ‘‘A missile described as a single military installation; of Defense, for military construction, in subsection (c) may be converted for use as a space transportation vehicle by the Fed- (3) the term ‘‘locality pay’’ means any and for defense activities of the De- amount payable under section 5304 or 5304a eral Government or a United States commer- of title 5, United States Code; and partment of Energy, to prescribe mili- cial provider if, except as provided in para- (4) the term ‘‘pay locality’’ has the mean- tary personnel strengths for such fiscal graph (2) and at least 30 days before such ing given that term by section 5302(5) of title year, and for other purposes; which was conversion, the agency seeking to use the 5, United States Code. ordered to lie on the table; as follows: missile as a space transportation vehicle, or (b) PAY PARITY AT JOINT BASES.—If 2 or Strike section 591 and insert the following: to provide the missile to a United States more military installations were reorganized SEC. 591. MODIFICATION OF PERSONS SUBJECT commercial provider for use as a space trans- or otherwise associated as a single covered TO REGISTER FOR MILITARY SELEC- portation vehicle, as the case may be, trans- joint military installation, and the con- TIVE SERVICE ONLY PURSUANT TO mits to the Committee on Armed Services stituent installations are not all located STATUTE. and the Committee on Science and Tech- within the same pay locality, all Department (a) SENSE OF CONGRESS.—It is the sense of nology of the House of Representatives, and of Defense employees of the respective in- Congress that the decision of the Secretary to the Committee on Armed Services and the stallations constituting the covered joint of Defense to open all military occupational Committee on Commerce, Science, and military installation (who are otherwise en- specialties to women raises important legal, Transportation of the Senate, a certification titled to locality pay) shall receive locality political, and social questions about who that the use of such missile, or the provision pay at a uniform percentage equal to the should be required to register for military of such missile to a United States commer- percentage which is payable with respect to selective service and how the Military Selec- cial provider for such use, as applicable—’’; the pay locality which includes the con- tive Service Act currently benefits the na- (B) in subparagraph (A), by striking ‘‘when stituent installation then receiving the high- tional security of the United States. compared’’ and all that follows and inserting est locality pay (expressed as a percentage). (b) REPORT.—Not later than July 1, 2017, a semicolon; and (c) REGULATIONS.—The Office of Personnel the Secretary of Defense shall submit to the (C) by striking subparagraph (B) and in- Management shall prescribe regulations to Committees on Armed Services of the Senate serting the following new subparagraph (B): carry out this section. and the House of Representatives a report on ‘‘(B) if such missile is being provided to a (d) APPLICABILITY.—This section shall the current and future need for a centralized United States commercial provider, such apply with respect to pay periods beginning registration system for military selective missile was made broadly available to

VerDate Sep 11 2014 04:45 May 27, 2016 Jkt 059060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.046 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3315 United States commercial providers before propriations for fiscal year 2017 for requirements and the International Conven- being provided to the United States commer- military activities of the Department tion on Standards of Training, Certification, cial provider concerned;’’. of Defense, for military construction, and Watchkeeping. (b) ADDITIONAL LIMITATIONS; TERMI- ‘‘(B) The material specified in this sub- NATION.—Section 50134 of such title is further and for defense activities of the De- paragraph is as follows: amended by adding at the end the following partment of Energy, to prescribe mili- ‘‘(i) The course material of each unclassi- new subsection: tary personnel strengths for such fiscal fied course for members of the armed forces ‘‘(d) ADDITIONAL LIMITATIONS.— year, and for other purposes; which was in marine navigation, leadership, and oper- ‘‘(1) NUMBER OF FLIGHT VEHICLES PRODUCED ordered to lie on the table; as follows: ation and maintenance. YEARLY BY ANY SINGLE PROVIDER.—The total At the end of subtitle B of title XXVIII, number of space transportation vehicles pro- ‘‘(ii) The unclassified qualifications for as- add the following: duced by any United States commercial pro- signment for deck or engineering positions vider in a year using motors from missiles SEC. 2814. DURATION OF UTILITY ENERGY SERV- on waterborne vessels. ICE CONTRACTS. transferred or otherwise provided to the ‘‘(C) The National Maritime Center shall Section 2913 of title 10, United States Code, United States commercial provider under conduct assessments of material for purposes is amended by adding at the end the fol- this section in any year may not 5 exceed ve- of this paragraph. Such assessments shall lowing new subsection: hicles. evaluate the suitability of material for the ‘‘(e) DURATION OF CONTRACTS.—An utility ‘‘(2) NUMBER OF FLIGHT VEHICLES PRODUCED service at sea addressed by such material energy service contract entered into under YEARLY BY ALL PROVIDERS.—The total num- and without regard to the military pay grade this section may have a contract period not ber of space transportation vehicles produced of the intended beneficiaries of such mate- to exceed 25 years.’’. by United States commercial providers in a rial. year using motors from missiles transferred SA 4279. Mr. SCHATZ submitted an ‘‘(D) If material submitted to the National or otherwise provided to United States com- Maritime Center pursuant to this paragraphs mercial providers under this section may not amendment intended to be proposed by him to the bill S. 2943, to authorize ap- is determined not to comply as described in exceed 15 vehicles. subparagraph (A), the Secretary offering ‘‘(3) MINIMUM PAYLOAD MASS.—No space propriations for fiscal year 2017 for such material to members of the armed transportation vehicle produced by a United military activities of the Department forces shall submit to the Committees on States commercial provider in any year of Defense, for military construction, Armed Services of the Senate and the House using motors from missiles transferred or and for defense activities of the De- of Representatives a report setting forth the otherwise provided to the United States partment of Energy, to prescribe mili- actions to be taken by such Secretary to commercial provider under this section may tary personnel strengths for such fiscal bring such material into compliance.’’. be used to launch multiple payloads from more than one manufacturer that have a year, and for other purposes; which was (b) ADDITIONAL REQUIREMENTS.— combined mass of 200 kg or less. ordered to lie on the table; as follows: (1) IN GENERAL.—Each Secretary concerned ‘‘(e) TERMINATION OF UNITED STATES COM- At the end of subtitle E of title V, add the shall establish, for members of the Armed MERCIAL PROVIDER AUTHORITY.— following: Forces under the jurisdiction of such Sec- retary, procedures as follows: ‘‘(1) IN GENERAL.—Except as provided in SEC. 565. RECEIPT BY MEMBERS OF THE ARMED paragraph (2), the authority under this sec- FORCES WITH PRIMARY MARINER (A) Procedures by which members identify tion to transfer or otherwise provide a mis- DUTIES OF TRAINING THAT COM- qualification gaps in training and pro- sile described in subsection (c) to a United PLIES WITH NATIONAL STANDARDS ficiency assessments and complete training States commercial provider for use as a AND REQUIREMENTS. or assessments approved by the Coast Guard space transportation vehicle shall terminate (a) IN GENERAL.—Section 2015 of title 10, in addressing such gaps. on the date that is 5 years after the date of United States Code, is amended— (B) Procedures by which members obtain the enactment of the National Defense Au- (1) by redesignating subsections (b) and (c) service records of any service at sea. thorization Act for Fiscal Year 2017. as subsections (c) and (d), respectively; and (C) Procedures by which members may sub- ‘‘(2) EXCEPTION.—The termination of au- (2) by inserting after subsection (a) the fol- mit service records of service at sea and thority under paragraph (1) shall not affect lowing new subsection (b): other military qualifications to the National the use of motors from missiles transferred ‘‘(b) MEMBERS WITH PRIMARY MARINER DU- Maritime Center for evaluation and issuance or provided to a United States commercial TIES.—(1) For purposes of the program under of a Merchant Marine Credential. provider under this section pursuant to con- this section, the Secretary of Defense and (D) Procedures by which members may ob- tracts entered into before such termi- the Secretary of Homeland Security shall tain a medical certificate for use in applica- nation.’’. each ensure that members of the armed tions for Merchant Marine Credentials. (c) MULTIAGENCY REVIEW.—Not later than forces with primary mariner duties receive (2) USE OF MILITARY DRUG TEST RESULTS IN 36 months after the date of the enactment of training that complies with national stand- MERCHANT MARINE CREDENTIAL APPLICA- this Act, the Secretary of Defense, the Sec- ards and requirements under the Inter- TIONS.—The Secretaries of the military de- retary of Commerce, the Secretary of Trans- national Convention on Standards of Train- partments and the Secretary of Homeland portation, and the Administrator of the Na- ing, Certification, and Watchkeeping Security shall jointly establish procedures tional Aeronautics and Space Administra- (STCW). by which the results of appropriate drug tion shall jointly conduct a multiagency re- ‘‘(2) The following shall comply with basic tests administered to members of the Armed view of the authority provided under section training standards under national require- Forces by the military departments may be 50134 of title 51, United States Code, as ments and the International Convention on used for purposes of applications for Mer- amended by this section, to provide excess Standards of Training, Certification, and chant Marine Credentials. intercontinental ballistic missiles to United Watchkeeping: (3) SECRETARY CONCERNED DEFINED.—In this States commercial space transportation ‘‘(A) The recruit training provided to each subsection, the term ‘‘Secretary concerned’’ services providers for use as space transpor- member of the armed forces. has the meaning given that term in section tation vehicles, and the limitations under ‘‘(B) The training provided to each member 101(a) of title 10, United States Code. of the armed forces who is assigned to a ves- subsection (d) of that section, including an (c) DEADLINE FOR IMPLEMENTATION.—This assessment of the costs and benefits of that sel. section and the amendments made by this authority and those limitations and the con- ‘‘(3) Under the program, each member of section shall be fully implemented by not sequences of that authority and those limi- the armed forces who is assigned to a vessel later than the date that is two years after tations for the industrial base of the United of at least 100 gross tons (GRT) in a deck or the date of the enactment of this Act. States. engineering career field shall be provided the (d) SENSE OF CONGRESS.—It is the sense of following: Congress that, if no significant consequences ‘‘(A) A designated path to applicable cre- SA 4280. Mr. SCHATZ submitted an to the industrial base of the United States dentials under the national requirements amendment intended to be proposed by are found in the multiagency review required and the International Convention on Stand- him to the bill S. 2943, to authorize ap- by subsection (c), the authority to provide ards of Training, Certification, and propriations for fiscal year 2017 for excess intercontinental ballistic missiles to Watchkeeping consistent with the respon- United States commercial space transpor- sibilities of the position to which assigned. military activities of the Department tation services providers for use as space ‘‘(B) The opportunity, at Government ex- of Defense, for military construction, transportation vehicles under section 50134 pense, to attend credentialing programs that and for defense activities of the De- of title 51, United States Code, should be ex- provide merchant mariner training not of- partment of Energy, to prescribe mili- tended before the termination date under fered by the armed forces. tary personnel strengths for such fiscal subsection (e) of that section. ‘‘(4)(A) For purposes of the program, the year, and for other purposes; which was material specified in subparagraph (B) shall ordered to lie on the table; as follows: SA 4278. Mr. SCHATZ submitted an be submitted to the National Maritime Cen- amendment intended to be proposed by ter of the Coast Guard for assessment of the At the end of subtitle A of title XXVIII, him to the bill S. 2943, to authorize ap- compliance of such material with national add the following:

VerDate Sep 11 2014 04:45 May 27, 2016 Jkt 059060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.050 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3316 CONGRESSIONAL RECORD — SENATE May 26, 2016 SEC. 2804. ANNUAL LOCALITY ADJUSTMENT OF formation Technology Center (PJITC), with year, and for other purposes; which was DOLLAR THRESHOLDS APPLICABLE an annual operation and maintenance cost of ordered to lie on the table; as follows: TO UNSPECIFIED MINOR MILITARY $5,800,000, without supporting documentation At the end of subtitle E of title VI, add the CONSTRUCTION AUTHORITIES. or analysis; following: Section 2805 of title 10, United States Code, (B) the center performs Health Information is amended by adding at the end the fol- Technology (HIT) research and innovation SEC. 663. LIMITATION ON SALE OF DIETARY SUP- lowing new subsection: PLEMENTS IN COMMISSARY AND EX- and serves as a test center for joint concept CHANGE STORES. ‘‘(f) ADJUSTMENT OF DOLLAR LIMITATIONS technology development (JCTD) prototyping (a) LIMITATION.—Section 2484(c) of title 10, FOR LOCATION.—Each fiscal year, the Sec- for the Department of Defense and the De- United States Code, is amended by adding at retary concerned shall adjust the dollar limi- partment of Veterans Affairs for information the end the following new paragraph: tations specified in this section applicable to technology products and services; an unspecified minor military construction ‘‘(4)(A) The Secretary of Defense, in con- (C) if the center is closed, ongoing inter- sultation with the Commissioner of Food and project to reflect the area construction cost operability projects between the Department Drugs, the Federal Trade Commission, and index for military construction projects pub- of Defense and the Department of Veterans the Office of Dietary Supplements at the Na- lished by the Department of Defense during Affairs will lose a critical health informa- tional Institutes of Health, shall establish a the prior fiscal year for the location of the tion technology research hub which was re- definition for a product category for dietary project.’’. sponsible for the Joint Legacy Viewer (JLV) supplements that are considered to be high which, in turn, is deployed throughout the risk. The dietary supplements included with- SA 4281. Ms. HIRONO (for herself and Department of Defense and the Department in the product category shall include dietary Mr. WYDEN) submitted an amendment of Veterans Affairs and meets required inter- supplements that are marketed for muscle intended to be proposed by her to the operability standards; building, weight loss, and sexual enhance- bill S. 2943, to authorize appropriations (D) Defense Health Agency officials con- tend that the quality of the work completed ment. for fiscal year 2017 for military activi- ‘‘(B) A dietary supplement in the product at the center is not at issue, and they plan to ties of the Department of Defense, for category of dietary supplements considered continue the work at a different facility to be high risk under subparagraph (A) may military construction, and for defense which is not a joint research facility and activities of the Department of Energy, does not have the capability or capacity to be sold by a commissary store or exchange to prescribe military personnel continue the work of the center; store, or a retail establishment operating on strengths for such fiscal year, and for (6) before a military department or Defense a military installation, only if the dietary Agency embarks on a workforce decision of supplement has been verified by an inde- other purposes; which was ordered to pendent third party for recognized public lie on the table; as follows: workload in excess of $3,000,000 per year, the Department of Defense needs to understand standards of identity, purity, strength, and At the end of subtitle B of title III, add the the possible costs, benefits, risks, and im- composition, and adherence to related proc- following: pacts to the small business goals, small and ess standards. ‘‘(C) The Secretary of Defense and the SEC. 306. AUTHORITY TO USE ENERGY SAVINGS disadvantaged contracting agreements, and INVESTMENT FUND FOR ENERGY Commissioner of Food and Drugs shall joint- other sensitivities of the Department associ- MANAGEMENT INITIATIVES. ly identify the third parties that may pro- ated with such a decision; Section 2919(b)(2) of title 10, United States vide verification under subparagraph (B). (7) the military departments and Defense Code, is amended by striking ‘‘, to the extent ‘‘(D) In this paragraph, the term ‘dietary Agencies should perform a business case provided for in an appropriations Act,’’. supplement’ has the meaning given that analysis, as part of any workforce decision term in section 201(ff) of the Federal Food, described in paragraph (6); SA 4282. Ms. HIRONO submitted an Drug, and Cosmetic Act (21 U.S.C. 15 (8) any such business case analysis for a 321(ff).’’. amendment intended to be proposed by workforce decision having an annual esti- (b) EFFECTIVE DATE.—The amendment her to the bill S. 2943, to authorize ap- mated cost of $5,000,0000 or more should be propriations for fiscal year 2017 for made by subsection (a) shall take effect on reviewed and approved by the Under Sec- the date that is one year after the date of the military activities of the Department retary of Defense for Acquisition, Tech- enactment of this Act, and shall apply with of Defense, for military construction, nology, and Logistics, and the Under Sec- respect to sales that occur on or after such and for defense activities of the De- retary should provide such business case effective date. partment of Energy, to prescribe mili- analysis to the congressional defense com- tary personnel strengths for such fiscal mittees at least 30 days before taking any SA 4284. Mr. REID (for Mr. action to effect a shift in the workload con- BLUMENTHAL) submitted an amendment year, and for other purposes; which was cerned; ordered to lie on the table; as follows: (9) the Assistant Secretary of Defense for intended to be proposed by Mr. Reid to At the end of subtitle A of title XI, add the Logistics, Materiel, and Readiness, working the bill S. 2943, to authorize appropria- following: with the Cost Analysis Program Evaluation tions for fiscal year 2017 for military SEC. 1114. SENSE OF CONGRESS ON BUSINESS office, should develop minimum standards activities of the Department of De- CASES ANALYSES FOR DECISIONS and criteria for business case analyses cov- fense, for military construction, and AFFECTING THE WORKFORCE AND ered by this section and a process for the re- for defense activities of the Depart- MODIFYING LOCATIONS OF WHERE view and transparency of such business case ment of Energy, to prescribe military WORK WILL BE EXECUTED OR COM- analyses; and PLETED. personnel strengths for such fiscal (10) the Assistant Secretary should submit (a) SENSE OF CONGRESS.—It is the sense of to the congressional defense committees, by year, and for other purposes; which was Congress that— not later than 180 days after the date of the ordered to lie on the table; as follows: (1) in a budget constrained environment, enactment of this Act, a report on the plan At the end of subtitle H of title V, add the the military departments and Defense Agen- of the Assistant Secretary plan to imple- following: cies must utilize all available tools to make ment the standards and criteria described in SEC. 597. ENHANCEMENT OF USE OF VETERANS’ informed, supportable decisions in moving paragraph (9). SERVICE ORGANIZATIONS TO CARRY workforce and workload from one location or (b) BUSINESS CASE ANALYSIS DEFINED.—In OUT THE TRANSITION ASSISTANCE entity to another; this section, the term ‘‘business case anal- PROGRAM OF THE DEPARTMENT OF (2) such tools should include a properly ysis’’ means a structured methodology and DEFENSE. supported and documented business case decision support document that aids decision (a) IN GENERAL.—Section 1144 of title 10, analysis (BCA); making by identifying and comparing alter- United States Code, is amended— (3) several military departments and De- natives by examining the mission and busi- (1) in subsection (d)(4), by inserting ‘‘sub- fense Agencies have fallen short of proper ness impacts (both financial and non-finan- ject to subsection (e),’’ before ‘‘use rep- analysis and support with respect to decision cial), risks, and sensitivities. resentatives’’; described in paragraph (1) in recent months; (2) by redesignating subsections (e) and (f) (4) in one such case— SA 4283. Mr. REID (for Mr. as subsections (f) and (g), respectively; and (A) the Air Force relied exclusively on a BLUMENTHAL (for himself and Mr. DUR- (3) by inserting after subsection (d) the fol- rough order economic analysis on an engine BIN)) submitted an amendment in- lowing new subsection (e): source of repair as justification for moving tended to be proposed by Mr. Reid to ‘‘(e) USE OF VETERANS’ SERVICE ORGANIZA- nearly $40,000,000 per year of workload; and the bill S. 2943, to authorize appropria- TIONS.—The Secretary of Defense, the Sec- (B) before reversing its decision, the Air tions for fiscal year 2017 for military retary of Veterans Affairs, and appropriate Force had only planned to accomplish busi- veterans’ service organizations shall jointly ness case analyses to shift work after award activities of the Department of De- enter into a memorandum of understanding of the solicitation; fense, for military construction, and regarding the manner in which representa- (5) in another case— for defense activities of the Depart- tives of veterans’ service organizations are (A) the Defense Health Agency announced ment of Energy, to prescribe military used for purposes of the program established that it would be closing the Pacific Joint In- personnel strengths for such fiscal under this section, including the nature and

VerDate Sep 11 2014 04:45 May 27, 2016 Jkt 059060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.047 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3317 scope of access of such representatives to ‘‘(i) before the date on which the individual (B) an entity organized under the laws of military installations for that purpose. The is appointed as an employee of the covered the United States or of any jurisdiction memorandum of understanding shall apply agency in a national security position, the within the United States, including a foreign to any veterans’ service organization whose individual was not employed in a national branch of such an entity. representatives are used for purposes of the security position; and SEC. 1283. LIMITATIONS ON ARMS TRANSFERS TO program, regardless of whether or not the or- ‘‘(ii) while employed by the covered agency VIETNAM. ganization is expressly a party to the memo- in a national security position, the indi- (a) LIMITATION ON ARMS TRANSFERS.—No randum of understanding.’’. vidual is assigned an ILR skill level of not letter of offer to sell major defense equip- (b) VETERANS’ SERVICE ORGANIZATION DE- lower than 3. ment to Vietnam may be issued pursuant to FINED.—Such section is further amended by ‘‘(B) AMOUNT.—The bonus described in sub- the Arms Export Control Act (22 U.S.C. 2751 adding at the end the following new sub- paragraph (A) shall be equal to— et seq.) and no license to export major de- section: ‘‘(i) $20,000 if the individual is assigned an fense equipment to Vietnam may be issued ‘‘(h) VETERANS’ SERVICE ORGANIZATION DE- ILR skill level of 3; pursuant to that Act in a fiscal year until FINED.—In this section, the term ‘veterans’ ‘‘(ii) $25,000 if the individual is assigned an the Secretary of State, under the direction service organization’ means any organiza- ILR skill level of 4; and of the President, makes the certification de- tion recognized by the Secretary of Veterans ‘‘(iii) $30,000 if the individual is assigned an scribed in subsection (b) for that fiscal year. Affairs for the representation of veterans ILR skill level of 5. (b) CERTIFICATION DESCRIBED.—The certifi- under section 5902 of title 38.’’. ‘‘(C) LIMITATION.—An individual may re- cation described in this subsection is a cer- ceive only 1 bonus under this paragraph. tification by the Secretary of State, under SA 4285. Mr. KIRK submitted an ‘‘(3) ADJUSTMENT OF AMOUNT.—The head of the direction of the President, to the appro- amendment intended to be proposed by a covered agency may adjust the amounts of priate congressional committees that the him to the bill S. 2943, to authorize ap- the bonuses described in paragraph (1) and (2) Government of Vietnam has substantially propriations for fiscal year 2017 for equal to amounts that the head of the cov- improved its human rights practices, includ- military activities of the Department ered agency determines is necessary to ing, at a minimum, the following problems of Defense, for military construction, maintain staff in the covered agency with identified by the Secretary of State in the proficiency in critical languages. and for defense activities of the De- Country Reports on Human Rights Practices ‘‘(4) EMPLOYEES OF THE FEDERAL BUREAU OF for 2015: partment of Energy, to prescribe mili- INVESTIGATION.—A bonus under this section (1) Severe government restrictions of the tary personnel strengths for such fiscal may be awarded to an employee of the Fed- political rights of citizens, particularly their year, and for other purposes; which was eral Bureau of Investigation in addition to right to change their government through ordered to lie on the table; as follows: any cash award described in section 5761.’’. free and fair elections. At the appropriate place, insert the fol- (b) TECHNICAL AND CONFORMING AMEND- (2) Limits on the civil liberties of citizens, lowing: MENT.—The table of sections for subchapter including freedom of assembly, association, IV of chapter 57 of title 5, United States SEC. llll. CRITICAL LANGUAGES PRO- and expression. FICIENCY BONUSES. Code, is amended by adding at the end the (3) Inadequate protection of the due proc- (a) IN GENERAL.—Subchapter IV of chapter following: ess rights of citizens, including protection 57 of title 5, United States Code, is amended ‘‘5762. Critical languages proficiency bo- against arbitrary detention. by adding at the end the following: nuses.’’. (4) Arbitrary and unlawful deprivation of life. ‘‘§ 5762. Critical languages proficiency bo- SA 4286. Mr. CORNYN (for himself nuses (5) Police attacks and corporal punish- and Mr. BOOZMAN) submitted an ment. ‘‘(a) DEFINITIONS.—In this section— amendment intended to be proposed by (6) Continued police mistreatment of sus- ‘‘(1) the term ‘covered agency’ means— pects during arrest and detention, including ‘‘(A) the Central Intelligence Agency; him to the bill S. 2943, to authorize ap- the use of lethal force and austere prison ‘‘(B) the Defense Intelligence Agency; propriations for fiscal year 2017 for conditions. ‘‘(C) the Federal Bureau of Investigation; military activities of the Department (7) Denial of the right to a fair and expedi- ‘‘(D) the National Geospatial-Intelligence of Defense, for military construction, tious trial. Agency; and for defense activities of the De- ‘‘(E) the National Reconnaissance Office; SEC. 1284. IMPOSITION OF SANCTIONS ON CER- partment of Energy, to prescribe mili- TAIN INDIVIDUALS WHO ARE ‘‘(F) the National Security Agency; and tary personnel strengths for such fiscal COMPLICIT IN HUMAN RIGHTS ‘‘(G) the Office of the Director of National year, and for other purposes; which was ABUSES COMMITTED AGAINST NA- Intelligence; ordered to lie on the table; as follows: TIONALS OF VIETNAM OR THEIR ‘‘(2) the term ‘critical language’ means— FAMILY MEMBERS. At the end of title XII, add the following: ‘‘(A) Arabic; (a) IMPOSITION OF SANCTIONS.—The Presi- ‘‘(B) Urdu; Subtitle I—Vietnam Sanctions dent shall impose the sanctions described in ‘‘(C) Pashto; SEC. 1281. SHORT TITLE. subsection (c) with respect to each indi- ‘‘(D) Farsi; This subtitle may be cited as the ‘‘Vietnam vidual on the list required by subsection ‘‘(E) Dari; Human Rights Sanctions Act’’. (b)(1). ‘‘(F) Tajiki; SEC. 1282. DEFINITIONS. (b) LIST OF INDIVIDUALS WHO ARE ‘‘(G) Kurdish; In this subtitle: COMPLICIT IN CERTAIN HUMAN RIGHTS ‘‘(H) Turkish; (1) ADMITTED; ALIEN; IMMIGRATION LAWS; ABUSES.— ‘‘(I) Somali; and NATIONAL.—The terms ‘‘admitted’’, ‘‘alien’’, (1) IN GENERAL.—Not later than 90 days ‘‘(J) Hausa; and ‘‘immigration laws’’, and ‘‘national’’ have after the date of the enactment of this Act, ‘‘(3) the term ‘ILR’ means the Interagency the meanings given those terms in section the President shall submit to the appro- Language Roundtable. 101 of the Immigration and Nationality Act priate congressional committees a list of in- ‘‘(b) BONUSES.— (8 U.S.C. 1101). dividuals who are nationals of Vietnam that ‘‘(1) RECRUITING BONUS.— (2) APPROPRIATE CONGRESSIONAL COMMIT- the President determines are complicit in ‘‘(A) IN GENERAL.—The head of a covered TEES.—The term ‘‘appropriate congressional human rights abuses committed against na- agency may pay a bonus under this section committees’’ means— tionals of Vietnam or their family members, to an individual who is newly appointed as (A) the Committee on Finance, the Com- regardless of whether such abuses occurred an employee of the covered agency in a na- mittee on Banking, Housing, and Urban Af- in Vietnam. tional security position. fairs, and the Committee on Foreign Rela- (2) UPDATES OF LIST.—The President shall ‘‘(B) AMOUNT.—The bonus described in sub- tions of the Senate; and submit to the appropriate congressional paragraph (A) shall be equal to— (B) the Committee on Ways and Means, the committees an updated list under paragraph ‘‘(i) $25,000 if the individual has been as- Committee on Financial Services, and the (1) as new information becomes available and signed an ILR skill level of 3, as of the date Committee on Foreign Affairs of the House not less frequently than annually. on which the individual is appointed; of Representatives. (3) PUBLIC AVAILABILITY.—The list required ‘‘(ii) $31,250 if the individual has been as- (3) CONVENTION AGAINST TORTURE.—The by paragraph (1) shall be made available to signed an ILR skill level of 4, as of the date term ‘‘Convention against Torture’’ means the public and posted on the websites of the on which the individual is appointed; and the United Nations Convention against Tor- Department of the Treasury and the Depart- ‘‘(iii) $37,500 if the individual has been as- ture and Other Cruel, Inhuman or Degrading ment of State. signed an ILR skill level of 5, as of the date Treatment or Punishment, done at New (4) CONSIDERATION OF DATA FROM OTHER on which the individual is appointed. York on December 10, 1984. COUNTRIES AND NONGOVERNMENTAL ORGANIZA- ‘‘(2) INCENTIVE BONUS.— (4) UNITED STATES PERSON.—The term TIONS.—In preparing the list required by ‘‘(A) IN GENERAL.—The head of a covered ‘‘United States person’’ means— paragraph (1), the President shall consider agency may pay a bonus under this section (A) a United States citizen or an alien law- data already obtained by other countries and to an individual employed by the covered fully admitted for permanent residence to nongovernmental organizations, including agency in a national security position if— the United States; or organizations in Vietnam, that monitor the

VerDate Sep 11 2014 07:30 May 27, 2016 Jkt 059060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.047 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3318 CONGRESSIONAL RECORD — SENATE May 26, 2016 human rights abuses of the Government of ful political activists in Vietnam and pros- ‘‘(1) The opportunity for institutions of Vietnam. ecuted those responsible. higher education to receive access at times (c) SANCTIONS.— SEC. 1285. SENSE OF CONGRESS ON DESIGNA- and places that ensure sufficient opportunity (1) PROHIBITION ON ENTRY AND ADMISSION TO TION OF VIETNAM AS A COUNTRY OF for students to obtain advising and support THE UNITED STATES.— PARTICULAR CONCERN WITH RE- services described in subsection (a). (A) IN GENERAL.—An individual on the list SPECT TO RELIGIOUS FREEDOM. ‘‘(2) The opportunity for institutions of required by subsection (b)(1) may not— It is the sense of Congress that— higher education to receive sufficient access (i) be admitted to, enter, or transit (1) the relationship between the United at times and places that ensure maximum through the United States; States and Vietnam cannot progress while opportunity for members of the armed forces (ii) receive any lawful immigration status the record of the Government of Vietnam transitioning to life after military service, in the United States under the immigration with respect to human rights and the rule of as determined by the base transition officer laws, including any relief under the Conven- law continues to deteriorate; concerned, to receive advising, student sup- tion Against Torture; or (2) the designation of Vietnam as a country port services, and education pursuant to this (iii) file any application or petition to ob- of particular concern for religious freedom section. tain such admission, entry, or status. pursuant to section 402(b)(1) of the Inter- ‘‘(3) Access shall be limited to face-to-face (B) EXCEPTIONS TO COMPLY WITH INTER- national Religious Freedom Act of 1998 (22 student advisement and related support serv- NATIONAL AGREEMENTS.—The President may, U.S.C. 6442(b)(1)) would be a powerful and ef- ices for students and members of the armed by regulation, authorize exceptions to sub- fective tool in highlighting abuses of reli- forces who have elected to participate in the paragraph (A) to permit the United States to gious freedom in Vietnam and in encour- higher education track of the Transition As- comply with the Agreement regarding the aging improvement in the respect for human sistance Program, and may not otherwise be Headquarters of the United Nations, signed rights in Vietnam; and used as an opportunity to conduct recruit- at Lake Success June 26, 1947, and entered (3) the Secretary of State should, in ac- ment or marketing activities. into force November 21, 1947, between the cordance with the recommendation of the ‘‘(c) DEFINITIONS.—In this section: United Nations and the United States, and United States Commission on International ‘‘(1) The term ‘Department of Defense edu- other applicable international agreements. Religious Freedom, designate Vietnam as a cational assistance programs and authori- (2) BLOCKING OF PROPERTY.— country of particular concern for religious ties’ has the meaning given the term ‘De- (A) IN GENERAL.—The President shall, pur- freedom. partment of Defense educational assistance suant to the International Emergency Eco- programs and authorities covered by this nomic Powers Act (50 U.S.C. 1701 et seq.), SA 4287. Mr. TILLIS submitted an section’ in section 2006a(c)(1) of this title. block and prohibit all transactions in all amendment intended to be proposed by ‘‘(2) The term ‘institution of higher edu- property and interests in property of a per- him to the bill S. 2943, to authorize ap- cation’ has the meaning given that term in son on the list required by subsection (b)(1) propriations for fiscal year 2017 for section 2006a(c)(2) of this title. if such property and interests in property are military activities of the Department ‘‘(3) The term ‘Voluntary Education Part- in the United States, come within the United of Defense, for military construction, nership Memorandum of Understanding’ has States, or are or come within the possession the meaning given that term in Department and for defense activities of the De- of Defense Instruction 1322.25, entitled ‘Vol- or control of a United States person. partment of Energy, to prescribe mili- (B) EXCEPTION RELATING TO IMPORTATION OF untary Education Programs’, or any suc- GOODS.— tary personnel strengths for such fiscal cessor Department of Defense Instruction.’’. LERICAL MENDMENT (i) IN GENERAL.—The authority to block year, and for other purposes; which was (b) C A .—The table of and prohibit all transactions in all property ordered to lie on the table; as follows: sections at the beginning of chapter 101 of such title is amended by inserting after the and interests in property under subpara- Strike section 563 and insert the following: item relating to section 2012 the following graph (A) shall not include the authority to SEC. 563. ACCESS TO DEPARTMENT OF DEFENSE new item: impose sanctions on the importation of INSTALLATIONS OF INSTITUTIONS goods. OF HIGHER EDUCATION PROVIDING ‘‘2012a. Access to Department of Defense in- (ii) GOOD.—In this paragraph, the term CERTAIN ADVISING AND STUDENT stallations: institutions of ‘‘good’’ has the meaning given that term in SUPPORT SERVICES. higher education providing cer- section 16 of the Export Administration Act (a) IN GENERAL.—Chapter 101 of title 10, tain advising and student sup- of 1979 (50 U.S.C. 4618) (as continued in effect United States Code, is amended by inserting port services.’’. after section 2012 the following new section: pursuant to the International Emergency Mr. KIRK submitted an Economic Powers Act (50 U.S.C. 1701 et ‘‘§ 2012a. Access to Department of Defense in- SA 4288. seq.)). stallations: institutions of higher education amendment intended to be proposed by (C) PENALTIES.—A person that violates, at- providing certain advising and student him to the bill S. 2943, to authorize ap- tempts to violate, conspires to violate, or support services propriations for fiscal year 2017 for causes a violation of subparagraph (A) or any ‘‘(a) ACCESS.— military activities of the Department regulation, license, or order issued to carry ‘‘(1) IN GENERAL.—The Secretary of Defense of Defense, for military construction, out subparagraph (A) shall be subject to the may grant access to Department of Defense and for defense activities of the De- penalties set forth in subsections (b) and (c) installations to any institution of higher partment of Energy, to prescribe mili- of section 206 of the International Emer- education that— tary personnel strengths for such fiscal gency Economic Powers Act (50 U.S.C. 1705) ‘‘(A) has— year, and for other purposes; which was to the same extent as a person that commits ‘‘(i) entered into a Voluntary Education ordered to lie on the table; as follows: an unlawful act described in subsection (a) of Partnership Memorandum of Understanding At the end of subtitle H of title XII, add that section. with the Department for the purpose of pro- the following: (d) WAIVER.—The President may waive the viding at the installation concerned timely requirement to impose or maintain sanctions face-to-face student advising and related SEC. 1277. PRIORITIZING SPECIAL IMMIGRANT VISAS FOR IRAQI AND AFGHAN with respect to an individual under sub- support services to members of the armed TRANSLATORS. section (a) or the requirement to include an forces and other persons who are eligible for The Secretary of State shall prioritize the individual on the list required by subsection assistance under Department of Defense edu- issuance of special immigrant visas author- (b)(1) if the President— cational assistance programs and authori- ized under— (1) determines that such a waiver is in the ties; and (1) section 1059 of the National Defense Au- national interest of the United States; and ‘‘(ii) been approved to provide such advis- thorization Act for Fiscal Year 2006 (Public (2) submits to the appropriate congres- ing and support services by the educational Law 109–163; 8 U.S.C. 1101 note); sional committees a report describing the service office of the installation concerned; (2) section 1244 of the Refugee Crisis in Iraq reasons for the determination. or Act of 2007 (8 U.S.C. 1157 note); and (e) TERMINATION OF SANCTIONS.—The provi- ‘‘(B) has been approved by the base transi- (3) section 602 of the Afghan Allies Protec- sions of this section shall terminate on the tion office of the installation concerned to tion Act of 2009 (8 U.S.C. 1101 note). date on which the President determines and educate members of the armed forces about certifies to the appropriate congressional education and employment after military SA 4289. Mr. CRUZ (for himself and committees that the Government of Vietnam service. Mr. GRAHAM) submitted an amendment has— ‘‘(2) SCOPE OF ACCESS.—Access under para- intended to be proposed by him to the (1) unconditionally released all political graph (1) shall be granted in a nondiscrim- bill S. 2943, to authorize appropriations prisoners; inatory manner to any institution covered for fiscal year 2017 for military activi- (2) ceased its practices of violence, unlaw- by that paragraph. ties of the Department of Defense, for ful detention, torture, and abuse of nationals ‘‘(b) REGULATIONS.—The Secretary shall of Vietnam while those nationals are engag- prescribe in regulations the time and place military construction, and for defense ing in peaceful political activity; and of access authorized pursuant to subsection activities of the Department of Energy, (3) conducted a transparent investigation (a). The regulations shall provide the fol- to prescribe military personnel into the killings, arrest, and abuse of peace- lowing: strengths for such fiscal year, and for

VerDate Sep 11 2014 07:30 May 27, 2016 Jkt 059060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.048 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3319 other purposes; which was ordered to (c) CIVIL UNMANNED AIRCRAFT SYSTEM DE- SEC. 582. AUTHORITY FOR REIMBURSEMENT OF lie on the table; as follows: FINED.—In this section, the term ‘‘civil un- SPOUSES FOR COSTS OF PROFES- SIONAL RE-LICENSURE AND RE-CER- At the end of subtitle E of title XVI, add manned aircraft system’’ means an un- manned aircraft system (as that term is de- TIFICATION IN A NEW STATE IN CON- the following: NECTION WITH PERMANENT fined in section 331 of the FAA Moderniza- SEC. 1667. INCREASED FUNDING FOR CERTAIN CHANGES OF STATION OF MEMBERS MISSILE DEFENSE ACTIVITIES. tion and Reform Act of 2012 (Public Law 112– OF THE ARMED FORCES. (a) PROCUREMENT, DEFENSE-WIDE.—The 95; 49 U.S.C. 40101 note)) that is a civil air- Section 1784a(a) of title 10, United States amount authorized to be appropriated for fis- craft (as that term is defined in section 40102 Code, is amended by adding at the end the cal year 2017 for the Department of Defense of title 49, United States Code). following new paragraph: by section 101 is hereby increased by ‘‘(3)(A) If established under this subsection, $290,000,000, with the amount of increase to SA 4291. Mrs. MURRAY submitted an the program under this subsection shall pro- be available for procurement, Defense-wide, amendment intended to be proposed by vide for the reimbursement of a spouse of a as specified in the funding table in section her to the bill S. 2943, to authorize ap- member of the armed forces described in sub- section (b) (and without regard to the excep- 4101 and available for procurement for pur- propriations for fiscal year 2017 for poses, and in amounts, as follows: tion in subsection (c)) for costs incurred by military activities of the Department the spouse in obtaining professional re-licen- (1) Iron Dome, $20,000,000. of Defense, for military construction, (2) David’s Sling Weapon System, sure or re-certification in a new State in as- $150,000,000. and for defense activities of the De- sociation with the member’s permanent (3) Arrow 3 Upper Tier, $120,000,000. partment of Energy, to prescribe mili- change of station to a location in such State. (b) RDT&E, DEFENSE-WIDE.—The amount tary personnel strengths for such fiscal ‘‘(B) Reimbursement under this paragraph authorized to be appropriated for fiscal year year, and for other purposes; which was shall be available for any of the following: 2017 for the Department by section 201 is ordered to lie on the table; as follows: ‘‘(i) Application fees to a State board, bar hereby increased by $12,300,000, with the association, or other certifying or licensing At the end of subtitle I of title X, add the amount of increase to be available for re- body. following: search, development, test, and evaluation, ‘‘(ii) Exam fees and registration fees paid Defense-wide, as specified in the funding SEC. 1097. TRANSFER OF HUMAN REMAINS. to a licensing body. table in section 4201 and available for re- (a) DEFINITIONS.—In this section: ‘‘(iii) Costs of additional coursework re- search, development, test, and evaluation for (1) CLAIMANT TRIBES.—The term ‘‘claimant quired for eligibility for licensing or certifi- purposes, and in amounts, as follows: tribes’’ means the Indian tribes and band re- cation specific to State concerned (other (1) David’s Sling Weapon System, ferred to in the letter from Secretary of the than costs in connection with continuing $10,000,000. Interior Bruce Babbitt to Secretary of the education courses). ‘‘(C)(i) The total amount of reimbursement (2) Arrow 3 Upper Tier, $2,300,000. Army Louis Caldera, relating to the human (c) CONSTRUCTION.—Amounts available remains and dated September 21, 2000. of a spouse under this paragraph in connec- under this section for purposes specified in (2) DEPARTMENT.—The term ‘‘Department’’ tion with a particular change of station may this section are in addition to any other means the Washington State Department of not exceed $500. ‘‘(ii) Eligibility for reimbursement may amounts available for such purposes in this Archaeology and Historic Preservation. not be limited by the grade of the member Act. (3) HUMAN REMAINS.—The term ‘‘human re- concerned. mains’’ means the human remains— ‘‘(D) The total amount reimbursement SA 4290. Mr. INHOFE submitted an (A) that are known as Kennewick Man or under this paragraph in any fiscal year may the Ancient One, which includes the projec- amendment intended to be proposed by not exceed $2,000,000. him to the bill S. 2943, to authorize ap- tile point lodged in the right ilium bone, as ‘‘(E) Reimbursements under this paragraph propriations for fiscal year 2017 for well as any residue from previous sampling shall be distributed on a quarterly basis. military activities of the Department and studies; and ‘‘(F) This paragraph shall expire on the en- of Defense, for military construction, (B) that are part of archaeological collec- actment of a credit against the tax imposed tion number 45BN495. and for defense activities of the De- by subpart B of part IV of subchapter A of (b) TRANSFER.—Notwithstanding any other partment of Energy, to prescribe mili- chapter 1 of the Internal Revenue Code of provision of Federal law or law of the State 1986 for the taxable year an amount equal to tary personnel strengths for such fiscal of Washington, including the Native Amer- the qualified re-licensing costs of an indi- year, and for other purposes; which was ican Graves Protection and Repatriation Act vidual who is married to a member of the ordered to lie on the table; as follows: (25 U.S.C. 3001 et seq.), not later than 90 days armed forces and who moves to another At the end of subtitle I of title X, add the after the date of enactment of this Act, the State with such member under a permanent following: Secretary of the Army, acting through the change of station order.’’. SEC. 1097. RISK MANAGEMENT WITH RESPECT TO Chief of Engineers, shall transfer the human CIVIL UNMANNED AIRCRAFT SYS- remains to the Department, on the condition SA 4293. Ms. BALDWIN submitted an TEMS. that the Department, acting through the amendment intended to be proposed by (a) IN GENERAL.—Not later than one year State Historic Preservation Officer, disposes her to the bill S. 2943, to authorize ap- after the date of the enactment of this Act, of the remains and repatriates the remains propriations for fiscal year 2017 for the Secretary of Defense shall, in coordina- to claimant tribes. military activities of the Department tion with the Administrator of the Federal (c) COST.—The Corps of Engineers shall be Aviation Administration and the heads of responsible for any costs associated with the of Defense, for military construction, other relevant Federal agencies, submit to transfer. and for defense activities of the De- Congress an assessment of risk posed by civil (d) LIMITATIONS.— partment of Energy, to prescribe mili- unmanned aircraft systems operating at or (1) IN GENERAL.—The transfer shall be lim- tary personnel strengths for such fiscal below 400 feet above ground level to— ited solely to the human remains portion of year, and for other purposes; which was (1) the safety of aircraft of the Armed the archaeological collection. ordered to lie on the table; as follows: Forces operating in military special use air- (2) CORPS OF ENGINEERS.—The Corps of En- At the end of subtitle C of title XIV, add space and on military training routes; and gineers shall have no further responsibility the following: (2) the security of military installations for the human remains transferred pursuant SEC. 1422. NATIONAL ACADEMIES OF SCIENCES located in the United States that directly to subsection (b) after the date of the trans- STUDY ON CONVENTIONAL MUNI- support strategic operations of the Armed fer. TIONS DEMILITARIZATION ALTER- Forces. NATIVE TECHNOLOGIES. (b) ADDRESSING IDENTIFIED RISKS.—Not SA 4292. Mr. CASEY (for himself and (a) IN GENERAL.—The Secretary of the later than 180 days after the Secretary sub- Mr. MORAN) submitted an amendment Army shall enter into an arrangement with mits to Congress the assessment described in intended to be proposed by him to the the Board on Army Science and Technology subsection (a), the Secretary and the Admin- of the National Academies of Sciences, Engi- istrator shall jointly, and in coordination bill S. 2943, to authorize appropriations neering, and Medicine to conduct a study of with the heads of other relevant Federal for fiscal year 2017 for military activi- the conventional munitions demilitarization agencies— ties of the Department of Defense, for program of the Department of Defense. (1) assess the adequacy of current laws, military construction, and for defense (b) ELEMENTS.—The study required pursu- regulations, procedures, and activities to ad- activities of the Department of Energy, ant to subsection (a) shall include the fol- dress risks described in the assessment and to prescribe military personnel lowing: identify additional actions that may be ap- strengths for such fiscal year, and for (1) A review of the current conventional propriate and necessary to address such munitions demilitarization stockpile, includ- risks; and other purposes; which was ordered to ing types of munitions and types of mate- (2) submit to Congress a summary of the lie on the table; as follows: rials contaminated with propellants or assessment and any additional actions iden- At the end of subtitle F of title V, add the energetics, and the disposal technologies tified under paragraph (1). following: used.

VerDate Sep 11 2014 04:45 May 27, 2016 Jkt 059060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.048 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3320 CONGRESSIONAL RECORD — SENATE May 26, 2016 (2) An analysis of disposal, treatment, and fense, for military construction, and mally register with the Joint Clothing and reuse technologies, including technologies for defense activities of the Depart- Textiles Governance Board all uniforms in currently used by the Department and ment of Energy, to prescribe military use by an Armed Force under the jurisdic- emerging technologies used or being devel- personnel strengths for such fiscal tion of the Secretary and all such uniforms oped by private or other governmental agen- planned for use by such an Armed Force. year, and for other purposes; which was cies, including a comparison of cost, (e) LIMITATION ON RESTRICTION.—The Sec- throughput capacity, personnel safety, and ordered to lie on the table; as follows: retary of a military department may not environmental impacts. At the end of subtitle B of title VII, add prevent the Secretary of another military (3) An identification of munitions types for the following: department from authorizing the use of any which alternatives to open burning, open SEC. 740. REMOVAL OF RESTRICTIONS ON USE OF combat or camouflage utility uniform or detonation, or non-closed loop incineration/ DEPARTMENT OF DEFENSE MED- family of uniforms. combustion are not used. ICAL FACILITIES TO PERFORM (f) GUIDANCE REQUIRED.— ABORTIONS. (4) An identification and evaluation of any (1) IN GENERAL.—Not later than 60 days Section 1093 of title 10, United States Code, barriers to full-scale deployment of alter- after the date of the enactment of this Act, is amended— natives to open burning, open detonation, or the Secretary of Defense shall issue guidance (1) by striking subsection (b); and non-closed loop incineration/combustion, to implement this section. (2) in subsection (a), by striking ‘‘(a) RE- and recommendations to overcome such bar- (2) CONTENT.—At a minimum, the guidance STRICTION ON USE OF FUNDS.—’’. riers. required by paragraph (1) shall require the (5) An evaluation whether the maturation SA 4296. Mrs. SHAHEEN submitted Secretary of each of the military depart- and deployment of governmental or private an amendment intended to be proposed ments— technologies currently in research and devel- (A) in cooperation with the commanders of opment would enhance the conventional mu- by her to the bill S. 2943, to authorize the combatant commands, including the uni- nitions demilitarization capabilities of the appropriations for fiscal year 2017 for fied combatant command for special oper- Department. military activities of the Department ations forces, to establish, by not later than (c) SUBMITTAL TO CONGRESS.—Not later of Defense, for military construction, 180 days after the date of the enactment of than 18 months after the date of the enact- and for defense activities of the De- this Act, joint criteria for combat and cam- ment of this Act, the Secretary shall submit partment of Energy, to prescribe mili- ouflage utility uniforms and families of uni- to the congressional defense committees the tary personnel strengths for such fiscal forms, which shall be included in all new re- study conducted pursuant to subsection (a). year, and for other purposes; which was quirements documents for such uniforms; (B) to continually work together to assess SA 4294. Mr. WYDEN (for himself and ordered to lie on the table; as follows: and develop new technologies that could be Ms. HIRONO) submitted an amendment Insert after section 332 the following: incorporated into future combat and camou- intended to be proposed by him to the SEC. 332A. REVISED POLICY ON GROUND COMBAT flage utility uniforms and families of uni- bill S. 2943, to authorize appropriations AND CAMOUFLAGE UTILITY UNI- forms to improve war fighter survivability; for fiscal year 2017 for military activi- FORMS. (C) to ensure that new combat and camou- (a) ESTABLISHMENT OF POLICY.—Not later ties of the Department of Defense, for flage utility uniforms and families of uni- than October 1, 2018, the Secretary of De- forms meet the geographic and operational military construction, and for defense fense shall eliminate the development and activities of the Department of Energy, requirements of the commanders of the com- fielding of Armed Force-specific combat and batant commands; and to prescribe military personnel camouflage utility uniforms and families of (D) to ensure that all new combat and cam- strengths for such fiscal year, and for uniforms in order to adopt and field a com- ouflage utility uniforms and families of uni- other purposes; which was ordered to mon combat and camouflage utility uniform forms achieve interoperability with all com- lie on the table; as follows: or family of uniforms for specific combat en- ponents of individual war fighter systems, vironments to be used by all members of the At the end of subtitle B of title III, add the including body armor, organizational cloth- Armed Forces. following: ing and individual equipment, and other in- (b) PROHIBITION.—Except as provided in dividual protective systems. SEC. 306. REQUIREMENT TO ESTABLISH REPOSI- subsection (c), after the date of the enact- (g) REPEAL OF POLICY.—Section 352 of the TORY FOR OPERATIONAL ENERGY- ment of this Act, the Secretary of a military RELATED RESEARCH AND DEVELOP- National Defense Authorization Act for Fis- department may not adopt any new camou- MENT EFFORTS OF DEPARTMENT OF cal Year 2010 (Public Law 111–84, 123 Stat. flage pattern design or uniform fabric for DEFENSE. 2262; 10 U.S.C. 771 note prec.) is repealed. (a) REPOSITORY REQUIRED.—Not later than any combat or camouflage utility uniform or December 31, 2017, the Secretary of Defense, family of uniforms for use by an Armed Force, unless— SA 4297. Mr. DONNELLY submitted acting through the Assistant Secretary of an amendment intended to be proposed Defense for Research and Engineering and in (1) the new design or fabric is a combat or collaboration with the Assistant Secretary camouflage utility uniform or family of uni- by him to the bill S. 2943, to authorize of Defense for Operational Energy Plans and forms that will be adopted by all Armed appropriations for fiscal year 2017 for Programs and the Secretaries of the military Forces; military activities of the Department departments, shall establish a centralized re- (2) the Secretary adopts a uniform already of Defense, for military construction, pository for all operational energy-related in use by another Armed Force; or and for defense activities of the De- research and development efforts of the De- (3) the Secretary of Defense grants an ex- partment of Energy, to prescribe mili- partment of Defense, including with respect ception based on unique circumstances or operational requirements. tary personnel strengths for such fiscal to the inception, operational, and complete year, and for other purposes; which was phases of such efforts. (c) EXCEPTIONS.—Nothing in subsection (b) (b) INTERNET ACCESS.—The Secretary of shall be construed as— ordered to lie on the table; as follows: Defense shall ensure that the repository re- (1) prohibiting the development of combat At the end of subtitle B of title VII, add quired by subsection (a) is accessible through and camouflage utility uniforms and fami- the following: an Internet website of the Department of De- lies of uniforms for use by personnel assigned SEC. 740. USE OF INPUT FROM SECRETARY OF fense and by all employees of the Depart- to or operating in support of the unified VETERANS AFFAIRS IN DEVELOPING ment and members of the Armed Forces combatant command for special operations MENTAL HEALTH PROVIDER READI- whom the Secretary determines appropriate, forces described in section 167 of title 10, NESS DESIGNATION FOR DEPART- including all program managers involved in United States Code; MENT OF DEFENSE. such research and development efforts, to en- (2) prohibiting engineering modifications Section 717 of the National Defense Au- able improved collaboration between mili- to existing uniforms that improve the per- thorization Act for Fiscal Year 2016 (Public tary departments on research and develop- formance of combat and camouflage utility Law 114–92; 10 U.S.C. 1073 note) is amended— ment efforts described in subsection (a), en- uniforms, including power harnessing or gen- (1) in subsection (a)(1)— able sharing of best practices and lessons erating textiles, fire resistant fabrics, and (A) by inserting ‘‘, with input from the learned relating to such efforts, and reduce anti-vector, anti-microbial, and anti-bac- Secretary of Veterans Affairs,’’ after ‘‘Sec- redundancy in such efforts. terial treatments; retary of Defense’’; and (3) prohibiting the Secretary of a military (B) by striking ‘‘established by the Sec- SA 4295. Mrs. SHAHEEN (for herself, department from fielding ancillary uniform retary’’ and inserting ‘‘established by the Mr. BLUMENTHAL, Mr. MURPHY, Mrs. items, including headwear, footwear, body Secretary of Defense’’; BOXER, Mrs. MURRAY, Mrs. GILLIBRAND, armor, and any other such items as deter- (2) in subsection (b)— (A) in paragraph (1), by inserting ‘‘, with and Ms. HIRONO) submitted an amend- mined by the Secretary; or input from the Secretary of Veterans Af- ment intended to be proposed by her to (4) prohibiting the Secretary of a military department from issuing vehicle crew uni- fairs,’’ after ‘‘Secretary of Defense’’; and the bill S. 2943, to authorize appropria- forms. (B) in paragraph (2), by striking ‘‘The Sec- tions for fiscal year 2017 for military (d) REGISTRATION REQUIRED.—The Sec- retary shall update’’ and inserting ‘‘The Sec- activities of the Department of De- retary of a military department shall for- retary of Defense shall update’’;

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(3) in subsection (c)(1), by amending sub- (1) demonstrates an ongoing effort to com- (e) REPORTING REQUIREMENTS.— paragraph (B) to read as follows: bat the mutual threat our nations face from (1) REPORTING REQUIREMENTS.—Prior to ‘‘(B) is not a health care provider of the designated foreign terrorist organizations; any transfer of United States air-to-ground Department of Defense or the Department of and munitions to Saudi Arabia pursuant to an Veterans Affairs at a facility of the Depart- (2) takes all feasible precautions to reduce authorized sale to Saudi Arabia of air-to- ment of Defense or the Department of Vet- the risk of harm to civilians and civilian ob- ground munitions or the notification to Con- erans Affairs; and’’; jects, in compliance with international hu- gress of a proposed sale to Saudi Arabia of (4) by redesignating subsection (c) as sub- manitarian law, in the course of military ac- air-to-ground munitions, the President or section (d); and tions it pursues for the purpose of legitimate the President’s designee shall provide a (5) by inserting after subsection (b) the fol- self-defense as described in section 4 of the briefing to the appropriate congressional lowing new subsection (c): Arms Export Control Act (22 U.S.C. 2754). committees. The briefing shall include— ‘‘(c) RULE OF CONSTRUCTION.—Nothing in (b) DEFINITIONS.—In this section: (A) a description of the nature, content, this section shall be construed to permit the (1) AIR-TO-GROUND MUNITIONS.—The term costs, and purposes of any United States sup- Secretary of Defense to indicate that the De- ‘‘air-to-ground’’ munitions means any port for the Government of Saudi Arabia’s partment of Veterans Affairs has certified or United States bomb or missile designed as a coalition military operations in Yemen on or otherwise approved of health care providers Category IV item on the United States Muni- after March 26, 2015; with a mental health provider readiness des- tions List pursuant to section 38 (a)(1) of the (B) an assessment of whether the Govern- ignation under this section.’’. Arms Export Control Act (22 U.S.C. 2778 ment of Saudi Arabia’s coalition operations (a)(1)). have deliberately targeted civilian infra- SA 4298. Ms. HIRONO submitted an (2) APPROPRIATE CONGRESSIONAL COMMIT- structure in Yemen on or after March 26, amendment intended to be proposed by TEES.—The term ‘‘appropriate congressional 2015, and whether the armed forces of the committees’’ means the Committee on For- her to the bill S. 2943, to authorize ap- Government of Saudi Arabia and its coali- eign Relations, the Committee on Armed tion partners have taken all possible steps to propriations for fiscal year 2017 for Services, and the Select Committee on Intel- comply with the rules of distinction, propor- military activities of the Department ligence of the Senate. tionality, and precautions, as regulated by of Defense, for military construction, (3) AUTHORIZED SALE.—The term ‘‘author- Additional Protocol I to the Geneva Conven- and for defense activities of the De- ized sale’’ means any sale of United States tions of 12 August 1949, and Relating to the partment of Energy, to prescribe mili- defense articles or services authorized pursu- Protection of Victims of International tary personnel strengths for such fiscal ant to the Arms Export Control Act. Armed Conflicts, done at Geneva June 8, (4) DESIGNATED FOREIGN TERRORIST ORGANI- year, and for other purposes; which was 1977; ZATIONS.—The term ‘‘designated foreign ter- ordered to lie on the table; as follows: (C) an assessment of whether the armed rorist organizations’’ means groups des- forces of Saudi Arabia have used United At the end of subtitle I of title X, add the ignated by the United States as foreign ter- States-origin munitions, including cluster following: rorist organizations pursuant to section 219 munitions, in any attacks against civilians SEC. 1097. NATIVE HAWAIIAN ORGANIZATION. of the Immigration and Nationality Act (8 or civilian infrastructure in Yemen on or The Small Business Act (15 U.S.C. 631 et U.S.C. 1189) or Specially Designated Global after March 26, 2015, and how that affects the seq.) is amended— Terrorists pursuant to Executive Order 13224 United States’ credibility in the region; and (1) in section 8(a) (15 U.S.C. 637(a))— (50 U.S.C. 1701 note). (D) an assessment of the effect of Saudi (A) in paragraph (4)— (5) PROPOSED SALE.—The term ‘‘proposed Arabia’s military operations in Yemen on its (i) in subparagraph (A)— sale’’ means any sale notified to Congress ability to contribute to United States efforts (I) in clause (i)(III), by striking ‘‘an eco- pursuant to subsections (b) or (c) of section to defeat al Qaeda in the Arabian Peninsula nomically disadvantaged Native Hawaiian 36 of the Arms Export Control Act (22 U.S.C. and the Islamic State of Iraq and the Levant. organization’’ and inserting ‘‘a Native Ha- 2776). (2) FORM OF BRIEFING.—The briefing re- waiian Organization’’; and (c) CONDITIONS OF TRANSFER.— quired under paragraph (1) shall be con- (II) in clause (ii)(III), by striking ‘‘an eco- (1) LIMITATION.—No transfer to Saudi Ara- ducted in an unclassified forum but may be nomically disadvantaged Native Hawaiian bia of United States air-to-ground munitions conducted in a classified setting as required. organization’’ and inserting ‘‘a Native Ha- may occur until the President makes the (f) SUNSET.—This section shall cease to waiian Organization’’; and certification described under subsection (d). have effect three years after the date of the (ii) in subparagraph (B)(iii), by striking (2) CERTIFICATION AT TIME OF CONGRES- enactment of this Act, unless renewed. ‘‘organizations’’ and inserting ‘‘Organiza- SIONAL NOTIFICATION.—Any notification to tions’’; and Congress made on or after the date of the en- SA 4300. Mr. MURPHY (for himself (B) in paragraph (15)(C), by striking ‘‘such’’ actment of this Act with respect to a pro- and Mr. BLUMENTHAL) submitted an and inserting ‘‘economically disadvantaged posed sale to Saudi Arabia of air-to-ground amendment intended to be proposed by individuals who are’’; and munitions shall be accompanied by the cer- him to the bill S. 2943, to authorize ap- (2) in section 15(h)(2)(E)(vi) (15 U.S.C. tification described under subsection (d). propriations for fiscal year 2017 for 644(h)(2)(E)(vi)), in the matter preceding sub- (d) CONDITIONS REQUIRED PRIOR TO SALE.— The certification described under this sub- military activities of the Department clause (I), by inserting ‘‘(as defined in sec- of Defense, for military construction, tion 8(a)(15))’’ after ‘‘Organization’’. section is a certification by the President to the appropriate congressional committees as and for defense activities of the De- SA 4299. Mr. MURPHY (for himself follows: partment of Energy, to prescribe mili- (1) The Government of Saudi Arabia and tary personnel strengths for such fiscal and Mr. PAUL) submitted an amend- its coalition partners are taking all feasible ment intended to be proposed by him year, and for other purposes; which was precautions to reduce the risk of harm to ci- ordered to lie on the table; as follows: to the bill S. 2943, to authorize appro- vilians and civilian objects to comply with priations for fiscal year 2017 for mili- At the end of subtitle B of title II, add the their obligations under international human- following: tary activities of the Department of itarian law, which includes minimizing harm SEC. 221. RESEARCH AND DEVELOPMENT ON Defense, for military construction, and to civilians, discriminating between civilian SMART GUN TECHNOLOGY. for defense activities of the Depart- objects and military objectives, and exer- The Director of the Defense Advanced Re- ment of Energy, to prescribe military cising proportional use of force in the course search Projects Agency may, using funds au- personnel strengths for such fiscal of military actions it pursues for the purpose thorized to be appropriated by this Act or of legitimate self-defense as described in sec- year, and for other purposes; which was otherwise made available for fiscal year 2017 tion 4 of the Arms Export Control Act (22 for the Defense Advanced Research Projects ordered to lie on the table; as follows: U.S.C. 2754). Agency, carry out research, development, At the end of subtitle H of title XII, add (2) The Government of Saudi Arabia and test, and evaluation activities relating to the following: its coalition partners are making demon- smart gun technology. SEC. 1277. LIMITATIONS ON TRANSFER OF CER- strable efforts to facilitate the flow of crit- TAIN UNITED STATES MUNITIONS TO ical humanitarian aid and commercial goods, SA 4301. Mr. MURPHY submitted an SAUDI ARABIA. including commercial fuel and commodities amendment intended to be proposed by (a) SENSE OF CONGRESS.—It is the sense of not subject to sanction or prohibition under him to the bill S. 2943, to authorize ap- Congress that no funds authorized for the United Nations Security Council Resolution propriations for fiscal year 2017 for Defense Security Cooperation Agency by this 2216 (2015). military activities of the Department Act, any previous Act, or otherwise available (3) The Government of Saudi Arabia is tak- of Defense, for military construction, to the Agency may be used to carry out the ing all necessary measures to target des- provisions of the Arms Export Control Act ignated foreign terrorist organizations, in- and for defense activities of the De- (22 U.S.C. 2751 et seq.), for the purposes of cluding al Qaeda in the Arabian Peninsula partment of Energy, to prescribe mili- implementing a sale of air to ground muni- and affiliates of the Islamic State of Iraq and tary personnel strengths for such fiscal tions to Saudi Arabia unless the Government the Levant as part of its military operations year, and for other purposes; which was of Saudi Arabia— in Yemen. ordered to lie on the table; as follows:

VerDate Sep 11 2014 04:45 May 27, 2016 Jkt 059060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.049 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3322 CONGRESSIONAL RECORD — SENATE May 26, 2016 Strike section 882. nities for members of a reserve component of stricted Reports on incidents of sexual as- the Armed Forces. sault as the Secretary of Defense shall speci- SA 4302. Mr. DONNELLY (for him- fy for purposes of such procedures. The self, Mr. CRUZ, and Mr. MANCHIN) sub- SA 4303. Mr. PORTMAN submitted an transmittal shall be made in a manner that mitted an amendment intended to be amendment intended to be proposed by preserves for all purposes the confidential proposed by him to the bill S. 2943, to him to the bill S. 2943, to authorize ap- nature of the report as a Restricted Report. authorize appropriations for fiscal year propriations for fiscal year 2017 for 2017 for military activities of the De- military activities of the Department SA 4305. Mrs. MURRAY submitted an partment of Defense, for military con- of Defense, for military construction, amendment intended to be proposed by struction, and for defense activities of and for defense activities of the De- her to the bill S. 2943, to authorize ap- the Department of Energy, to prescribe partment of Energy, to prescribe mili- propriations for fiscal year 2017 for military personnel strengths for such tary personnel strengths for such fiscal military activities of the Department fiscal year, and for other purposes; year, and for other purposes; which was of Defense, for military construction, which was ordered to lie on the table; ordered to lie on the table; as follows: and for defense activities of the De- partment of Energy, to prescribe mili- as follows: At the end of subtitle B of title V, add the tary personnel strengths for such fiscal At the end of subtitle C of title XI, add the following: year, and for other purposes; which was following: SEC. 526. PLAN TO MEET THE DEMAND FOR SEC. 1138. TIERED PREFERENCE ELIGIBILITY CYBERSPACE CAREER FIELDS IN ordered to lie on the table; as follows: FOR MEMBERS OF RESERVE COMPO- THE RESERVE COMPONENTS OF THE Strike section 562 and insert the following: AIR FORCE. NENTS OF THE ARMED FORCES. SEC. 562. MODIFICATION OF PROGRAM TO ASSIST (a) PREFERENCE ELIGIBILITY FOR MEMBERS (a) PLAN REQUIRED.—Not later than 180 MEMBERS OF THE ARMED FORCES OF RESERVE COMPONENTS OF THE ARMED days after the date of the enactment of this IN OBTAINING PROFESSIONAL CRE- FORCES.—Section 2108 of title 5, United Act, the Secretary of the Air Force shall DENTIALS. States Code, is amended— submit to Congress a report setting forth a (a) SCOPE OF PROGRAM.—Subsection (a)(1) (1) in paragraph (3)— plan for meeting the increased demand for of section 2015 of title 10, United States Code, (A) in subparagraph (G), by striking ‘‘and’’ cyberspace career fields in the reserve com- is amended by striking ‘‘incident to the per- at the end; ponents of the Air Force, in accordance with formance of their military duties’’. (B) in subparagraph (H), by adding ‘‘and’’ the recommendations of the National Com- (b) QUALITY ASSURANCE OF CERTIFICATION at the end; and mission on the Structure of the Air Force. PROGRAMS AND STANDARDS.—Subsection (c) (C) by inserting after subparagraph (H) the (b) ELEMENTS.—The plan shall take into of such section is amended— following: account the following: (1) in paragraph (1), by inserting before the ‘‘(I) a qualified reservist;’’; (1) The availability of qualified local period at the end the following: ‘‘, or meets (2) in paragraph (4), by striking ‘‘and’’ at workforces. the requirements in paragraph (3)’’; and the end; (2) Potential synergies with private sector (2) by adding at the end the following new (3) in paragraph (5), by striking the period companies involved in cyberspace or edu- paragraph: at the end and inserting a semicolon; and cational institutions with established cyber- ‘‘(3) A credentialing program used in con- (4) by adding at the end the following: space-related academic programs. nection with the program under subsection ‘‘(6) ‘qualified reservist’ means an indi- (3) The potential for or proven record of (a) is eligible for funds under subsection (b) vidual who is a member of a reserve compo- Total Force Integration with associated if successful completion of the program re- nent of the Armed Forces on the date of the units or organizations in the regular Air sults in a recognized postsecondary creden- applicable determination— Force. tial, meaning an industry recognized certifi- ‘‘(A) who— (c) METRICS.—The plan shall include appro- cate or certification, a certificate of comple- ‘‘(i) has completed at least 6 years of serv- priate metrics for use in the evaluation of tion of an apprenticeship, or a license recog- ice in a reserve component of the Armed the implementation of the plan. nized by a State or the Federal Government, Forces; and and is provided by an eligible training pro- ‘‘(ii) in each year of service in a reserve SA 4304. Mrs. MCCASKILL submitted vider under section 122 of the Workforce In- component of the Armed Forces, was cred- an amendment intended to be proposed novation and Opportunity Act (Public Law ited with at least 50 points under section by her to the bill S. 2943, to authorize 113–128).’’. 12732 of title 10; or appropriations for fiscal year 2017 for ‘‘(B) who— military activities of the Department SA 4306. Mr. INHOFE (for himself, ‘‘(i) has completed at least 10 years of serv- of Defense, for military construction, Mr. CRUZ, Mr. ROUNDS, Mr. COTTON, Mr. ice in a reserve component of the Armed and for defense activities of the De- HATCH, Mr. TILLIS, Mr. RUBIO, Mr. Forces; and MORAN, Mr. THUNE, Mr. ISAKSON, Mr. ‘‘(ii) in each year of service in a reserve partment of Energy, to prescribe mili- LANKFORD, Mr. SESSIONS, and Mrs. component of the Armed Forces, was cred- tary personnel strengths for such fiscal ited with at least 50 points under section year, and for other purposes; which was ERNST) submitted an amendment in- 12732 of title 10; and ordered to lie on the table; as follows: tended to be proposed by him to the bill S. 2943, to authorize appropriations ‘‘(7) ‘reserve component of the Armed At the end of part II of subtitle D of title Forces’ means a reserve component specified V, add the following: for fiscal year 2017 for military activi- in section 101(27) of title 38.’’. ties of the Department of Defense, for SEC. 554. REPORTS ON INCIDENTS OF SEXUAL AS- (b) TIERED HIRING PREFERENCE FOR MEM- SAULT MADE BY MEMBERS OF THE military construction, and for defense BERS OF RESERVE COMPONENTS OF THE ARMED ARMED FORCES TO HEALTH CARE activities of the Department of Energy, FORCES.—Section 3309 of title 5, United PERSONNEL OF THE DEPARTMENT to prescribe military personnel States Code, is amended— OF VETERANS AFFAIRS TREATABLE (1) in paragraph (1), by striking ‘‘and’’ at AS DEPARTMENT OF DEFENSE RE- strengths for such fiscal year, and for the end; and STRICTED REPORTS. other purposes; which was ordered to (2) in paragraph (2), by striking the period (a) TREATMENT AT ELECTION OF MEMBERS.— lie on the table; as follows: at the end and inserting a semicolon; and Under procedures established by the Sec- At the end of subtitle D of title X, add the (3) by adding at the end the following: retary of Veterans Affairs, a report on an in- following: cident of sexual assault made by a member ‘‘(3) a preference eligible described in sec- SEC. 1031. ADVANCE NOTICE TO THE PUBLIC ON tion 2108(6)(B) — 3 points; and of the Armed Forces to such health care per- THE TRANSFER OR RELEASE OF IN- ‘‘(4) a preference eligible described in sec- sonnel of the Department of Veterans Affairs DIVIDUALS DETAINED AT UNITED tion 2108(6)(A) — 2 points.’’. as the Secretary shall specify for purposes of STATES NAVAL STATION, GUANTA- (c) GAO REVIEW.—Not later than 3 years such procedures may, at the election of the NAMO BAY, CUBA. after the date of enactment of this Act, the member, be treated as a Restricted Report (a) ADVANCE NOTICE REQUIRED.—The Sec- Comptroller General of the United States on the incident for Department of Defense retary of Defense shall make public, not shall submit to Congress a report that— purposes. later than 21 days before the intended date of (1) assesses Federal employment opportu- (b) TRANSMITTAL TO DEPARTMENT OF DE- transfer or release, a notice on the decision nities for members of a reserve component of FENSE.—Under procedures jointly established to transfer or release any individual detained the Armed Forces; by the Secretary of Veterans Affairs and the at Guantanamo. (2) evaluates the impact of the amend- Secretary of Defense, a report on an incident (b) ELEMENTS OF NOTICE.—The notice on an ments made by this section on the hiring of of sexual assault treated as a Restricted Re- individual pursuant to subsection (a) shall reservists and veterans by the Federal Gov- port pursuant to subsection (a) shall be include the following: ernment; and transmitted by the Department of Veterans (1) The name of the individual. (3) provides recommendations, if any, for Affairs to such personnel of the Department (2) The location to which the individual strengthening Federal employment opportu- of Defense who are authorized to access Re- will be transferred or released.

VerDate Sep 11 2014 05:19 May 27, 2016 Jkt 059060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.051 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3323 (3) A summary of the agreement, if any, (1) in the table of chapters, by striking the SA 4309. Mr. CORNYN (for himself, made with the government of the location item relating to chapter 212A and inserting Mr. BLUMENTHAL, Mr. KIRK, Mr. COONS, accepting the transfer or release of the indi- the following: and Mr. RUBIO) submitted an amend- vidual. ‘‘212A. Extraterritorial jurisdiction ment intended to be proposed by him (4) The actions taken to mitigate the risks over certain offenses ...... 3271’’; to the bill S. 2943, to authorize appro- of the transfer or release of the individual and from United States Naval Station, Guanta- (2) in the table of sections for chapter 212A, priations for fiscal year 2017 for mili- namo Bay, Cuba. by inserting after the item relating to sec- tary activities of the Department of (c) INDIVIDUAL DETAINED AT GUANTANAMO tion 3272 the following: Defense, for military construction, and DEFINED.—In this section, the term ‘‘indi- ‘‘3273. Offenses committed by certain United for defense activities of the Depart- vidual detained at Guantanamo’’ means any States personnel stationed in ment of Energy, to prescribe military individual located at United States Naval Canada in furtherance of border Station, Guantanamo Bay, Cuba, as of June personnel strengths for such fiscal security initiatives.’’. 24, 2009, who— year, and for other purposes; which was (d) RULE OF CONSTRUCTION.—Nothing in (1) is not a citizen of the United States or ordered to lie on the table; as follows: this section or the amendments made by this a member of the Armed Forces of the United section shall be construed to infringe upon At the end of subtitle D of title XII, add States; and or otherwise affect the exercise of prosecu- the following: (2) is— torial discretion by the Department of Jus- (A) in the custody or under the control of SEC. 1227. REPORT ON AIRPORTS USED BY tice in implementing this section and the MAHAN AIR. the Department of Defense; or amendments made by this section. (B) otherwise under detention at United (a) IN GENERAL.—Not later than 120 days States Naval Station, Guantanamo Bay. after the date of the enactment of this Act, SA 4308. Mr. CORNYN submitted an and annually thereafter through 2020, the SA 4307. Mr. JOHNSON (for himself, amendment intended to be proposed by Secretary of Homeland Security, in con- Mr. LEAHY, Ms. MURKOWSKI, and Mr. him to the bill S. 2943, to authorize ap- sultation with the Secretary of Transpor- tation, the Secretary of State, the Secretary SCHUMER) submitted an amendment in- propriations for fiscal year 2017 for tended to be proposed by him to the military activities of the Department of the Treasury, and the Director of National Intelligence, shall submit to Congress a re- bill S. 2943, to authorize appropriations of Defense, for military construction, and for defense activities of the De- port that includes— for fiscal year 2017 for military activi- (1) a list of all airports at which aircraft ties of the Department of Defense, for partment of Energy, to prescribe mili- owned or controlled by Mahan Air have land- military construction, and for defense tary personnel strengths for such fiscal ed during the 2 years preceding the submis- activities of the Department of Energy, year, and for other purposes; which was sion of the report; and to prescribe military personnel ordered to lie on the table; as follows: (2) for each such airport— strengths for such fiscal year, and for At the appropriate place in title X, insert (A) an assessment of whether aircraft other purposes; which was ordered to the following: owned or controlled by Mahan Air continue lie on the table; as follows: SEC. lll. TREATMENT OF CERTAIN INDIVID- to conduct operations at that airport; (B) an assessment of whether any of the At the end of subtitle I of title X, add the UALS PERFORMING SERVICES IN THE SINAI PENINSULA OF EGYPT. landings of aircraft owned or controlled by following: (a) IN GENERAL.—For purposes of the fol- Mahan Air were necessitated by an emer- SEC. 1097. JURISDICTION OVER OFFENSES COM- lowing provisions of the Internal Revenue gency situation; MITTED BY CERTAIN UNITED STATES PERSONNEL STATIONED IN Code of 1986, a qualified hazardous duty area (C) a determination regarding whether ad- CANADA. shall be treated in the same manner as if it ditional security measures should be im- (a) SHORT TITLE.—This section may be were a combat zone (as determined under posed on flights to the United States that cited as the ‘‘Promoting Travel, Commerce, section 112 of such Code): originate from that airport; and and National Security Act of 2016’’. (1) Section 2(a)(3) (relating to special rule (D) an explanation of the rationale for that (b) AMENDMENT.—Chapter 212A of title 18, where deceased spouse was in missing sta- determination. United States Code, is amended— tus). (b) FORM OF REPORT.—Each report required (1) in the chapter heading, by striking (2) Section 112 (relating to the exclusion of by subsection (a) shall be submitted in un- ‘‘TRAFFICKING IN PERSONS’’; and certain combat pay of members of the Armed classified form, but may include a classified (2) by adding after section 3272 the fol- Forces). annex. lowing: (3) Section 692 (relating to income taxes of (c) PUBLICATION OF LIST.—The list required ‘‘§ 3273. Offenses committed by certain United members of Armed Forces on death). by subsection (a)(1) shall be publicly and States personnel stationed in Canada in (4) Section 2201 (relating to members of the prominently posted on the website of the De- furtherance of border security initiatives Armed Forces dying in combat zone or by partment of Homeland Security on the date ‘‘(a) IN GENERAL.—Whoever, while em- reason of combat-zone-incurred wounds, on which the report required by subsection ployed by the Department of Homeland Se- etc.). (a) is submitted to Congress. curity or the Department of Justice and sta- (5) Section 3401(a)(1) (defining wages relat- ing to combat pay for members of the Armed tioned or deployed in Canada pursuant to a SA 4310. Mrs. GILLIBRAND (for her- treaty, executive agreement, or bilateral Forces). self, Ms. BALDWIN, Mr. WYDEN, Mr. memorandum in furtherance of a border se- (6) Section 4253(d) (relating to the taxation curity initiative, engages in conduct (or con- of phone service originating from a combat UDALL, Mr. KIRK, Ms. MURKOWSKI, Mr. spires or attempts to engage in conduct) in zone from members of the Armed Forces). GRASSLEY, Mr. PAUL, Mr. BLUMENTHAL, Canada that would constitute an offense for (7) Section 6013(f)(1) (relating to joint re- Ms. STABENOW, Mr. HELLER, Mrs. which a person may be prosecuted in a court turn where individual is in missing status). BOXER, Ms. HIRONO, Mr. VITTER, Ms. of the United States had the conduct been (8) Section 7508 (relating to time for per- KLOBUCHAR, Mr. BROWN, Ms. WARREN, forming certain acts postponed by reason of engaged in within the United States or with- Mr. LEAHY, Mr. DURBIN, Mr. DONNELLY, in the special maritime and territorial juris- service in combat zone). Mr. HEINRICH, Mr. MARKEY, Mr. MENEN- diction of the United States shall be fined or (b) QUALIFIED HAZARDOUS DUTY AREA.—For imprisoned, or both, as provided for that of- purposes of this section, the term ‘‘qualified DEZ, Mr. COONS, Mr. MERKLEY, Mr. fense. hazardous duty area’’ means the Sinai Pe- FRANKEN, Mr. CRUZ, Mrs. SHAHEEN, Ms. ‘‘(b) DEFINITION.—In this section, the term ninsula of Egypt, if as of the date of the en- HEITKAMP, Mr. BOOKER, Mr. SANDERS, ‘employed by the Department of Homeland actment of this section any member of the Mr. CASEY, Mr. PETERS, and Mr. SCHU- Security or the Department of Justice’ Armed Forces of the United States is enti- MER) submitted an amendment in- means— tled to special pay under section 310 of title tended to be proposed by her to the bill 37, United States Code (relating to special ‘‘(1) being employed as a civilian employee, S. 2943, to authorize appropriations for a contractor (including a subcontractor at pay; duty subject to hostile fire or imminent any tier), or an employee of a contractor (or danger) for services performed in such loca- fiscal year 2017 for military activities a subcontractor at any tier) of the Depart- tion. Such term includes such location only of the Department of Defense, for mili- ment of Homeland Security or the Depart- during the period such entitlement is in ef- tary construction, and for defense ac- ment of Justice; fect. tivities of the Department of Energy, ‘‘(2) being present or residing in Canada in (c) EFFECTIVE DATE.— to prescribe military personnel connection with such employment; and (1) IN GENERAL.—Except as provided in strengths for such fiscal year, and for ‘‘(3) not being a national of or ordinarily paragraph (2), the provisions of this section other purposes; which was ordered to shall take effect on June 9, 2015. resident in Canada.’’. lie on the table; as follows: (c) TECHNICAL AND CONFORMING AMEND- (2) WITHHOLDING.—Subsection (a)(5) shall MENTS.—Part II of title 18, United States apply to remuneration paid after the date of At the end of subtitle D of title V, add the Code, is amended— the enactment of this Act. following:

VerDate Sep 11 2014 05:19 May 27, 2016 Jkt 059060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.052 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3324 CONGRESSIONAL RECORD — SENATE May 26, 2016 PART III—UNIFORM CODE OF MILITARY ishable under section 881 of title 10, United procedures as necessary to comply with this JUSTICE REFORM States Code (article 81 of the Uniform Code subsection. SEC. 556. SHORT TITLE. of Military Justice). (B) UNIFORMITY.—The General Counsel of This part may be cited as the ‘‘Military (D) A solicitation to commit an offense the Department of Defense and the General Justice Improvement Act of 2016’’. specified in subparagraph (A) or (B) as pun- Counsel of the Department of Homeland Se- SEC. 557. MODIFICATION OF AUTHORITY TO DE- ishable under section 882 of title 10, United curity shall jointly review the policies and TERMINE TO PROCEED TO TRIAL BY States Code (article 82 of the Uniform Code procedures revised under this paragraph in COURT-MARTIAL ON CHARGES ON of Military Justice). order to ensure that any lack of uniformity CERTAIN OFFENSES WITH AUTHOR- (E) An attempt to commit an offense speci- in policies and procedures, as so revised, IZED MAXIMUM SENTENCE OF CON- fied in subparagraph (A) through (D) as pun- among the military departments and the De- FINEMENT OF MORE THAN ONE partment of Homeland Security does not YEAR. ishable under section 880 of title 10, United render unconstitutional any policy or proce- (a) MODIFICATION OF AUTHORITY.— States Code (article 80 of the Uniform Code dure, as so revised. (1) IN GENERAL.— of Military Justice). (7) MANUAL FOR COURTS-MARTIAL.—The Sec- (A) MILITARY DEPARTMENTS.—With respect (4) REQUIREMENTS AND LIMITATIONS.—The retary of Defense shall recommend such to charges under chapter 47 of title 10, disposition of charges pursuant to paragraph changes to the Manual for Courts-Martial as United States Code (the Uniform Code of (1) shall be subject to the following: are necessary to ensure compliance with this Military Justice), that allege an offense (A) The determination whether to try such subsection. specified in paragraph (2) and not excluded charges by court-martial shall be made by a (b) EFFECTIVE DATE AND APPLICABILITY.— commissioned officer of the Armed Forces under paragraph (3), the Secretary of Defense Subsection (a), and the revisions required by shall require the Secretaries of the military designated in accordance with regulations that subsection, shall take effect on the date departments to provide for the determina- prescribed for purposes of this subsection that is 180 days after the date of the enact- tion under section 830(b) of such chapter (ar- from among commissioned officers of the ment of this Act, and shall apply with re- ticle 30(b) of the Uniform Code of Military Armed Forces in grade O–6 or higher who— spect to charges preferred under section 830 Justice) on whether to try such charges by (i) are available for detail as trial counsel of title 10, United States Code (article 30 of court-martial as provided in paragraph (4). under section 827 of title 10, United States the Uniform Code of Military Justice), on or (B) HOMELAND SECURITY.—With respect to Code (article 27 of the Uniform Code of Mili- after such effective date. charges under chapter 47 of title 10, United tary Justice); SEC. 558. MODIFICATION OF OFFICERS AUTHOR- States Code (the Uniform Code of Military (ii) have significant experience in trials by IZED TO CONVENE GENERAL AND Justice), that allege an offense specified in general or special court-martial; and SPECIAL COURTS-MARTIAL. paragraph (2) and not excluded under para- (iii) are outside the chain of command of (a) IN GENERAL.—Subsection (a) of section graph (3) against a member of the Coast the member subject to such charges. 822 of title 10, United States Code (article 22 Guard (when it is not operating as a service (B) Upon a determination under subpara- of the Uniform Code of Military Justice), is in the Navy), the Secretary of Homeland Se- graph (A) to try such charges by court-mar- amended— curity shall provide for the determination tial, the officer making that determination (1) by redesignating paragraphs (8) and (9) under section 830(b) of such chapter (article shall determine whether to try such charges as paragraphs (9) and (10), respectively; and 30(b) of the Uniform Code of Military Jus- by a general court-martial convened under (2) by inserting after paragraph (7) the fol- tice) on whether to try such charges by section 822 of title 10, United States Code lowing new paragraph (8): court-martial as provided in paragraph (4). (article 22 of the Uniform Code of Military ‘‘(8) the officers in the offices established (2) COVERED OFFENSES.—An offense speci- Justice), or a special court-martial convened pursuant to section 558(c) of the National De- fied in this paragraph is an offense as fol- under section 823 of title 10, United States fense Authorization Act for Fiscal Year 2017 lows: Code (article 23 of the Uniform Code of Mili- or officers in the grade of O–6 or higher who (A) An offense under chapter 47 of title 10, tary Justice). are assigned such responsibility by the Chief United States Code (the Uniform Code of (C) A determination under subparagraph of Staff of the Army, the Chief of Naval Op- Military Justice), that is triable by court- (A) to try charges by court-martial shall in- erations, the Chief of Staff of the Air Force, martial under that chapter for which the clude a determination to try all known of- the Commandant of the Marine Corps, or the maximum punishment authorized under that fenses, including lesser included offenses. Commandant of the Coast Guard, but only chapter includes confinement for more than (D) The determination to try such charges with respect to offenses to which section one year. by court-martial under subparagraph (A), 557(a)(1) of the National Defense Authoriza- (B) An offense of retaliation for reporting a and by type of court-martial under subpara- tion Act for Fiscal Year 2017 applies;’’. crime under section 893 of title 10, United graph (B), shall be binding on any applicable (b) NO EXERCISE BY OFFICERS IN CHAIN OF States Code (article 93 of the Uniform Code convening authority for a trial by court- COMMAND OF ACCUSED OR VICTIM.—Such sec- of Military Justice), as amended by section martial on such charges. tion (article) is further amended by adding at the end the following new subsection: 559B of this Act, regardless of the maximum (E) The actions of an officer described in ‘‘(c) An officer specified in subsection (a)(8) punishment authorized under that chapter subparagraph (A) in determining under that may not convene a court-martial under this for such offense. subparagraph whether or not to try charges section if the officer is in the chain of com- (C) An offense under section 907a of title 10, by court-martial shall be free of unlawful or mand of the accused or the victim.’’. United States Code (article 107a of the Uni- unauthorized influence or coercion. (c) OFFICES OF CHIEFS OF STAFF ON COURTS- form Code of Military Justice), as added by (F) The determination under subparagraph MARTIAL.— section 559C of this Act, regardless of the (A) not to proceed to trial of such charges by (1) OFFICES REQUIRED.—Each Chief of Staff maximum punishment authorized under that general or special court-martial shall not op- of the Armed Forces or Commandant speci- chapter for such offense. erate to terminate or otherwise alter the au- fied in paragraph (8) of section 822(a) of title (D) A conspiracy to commit an offense thority of commanding officers to refer such 10, United States Code (article 22(a) of the specified in subparagraph (A) through (C) as charges for trial by summary court-martial Uniform Code of Military Justice), as amend- punishable under section 881 of title 10, convened under section 824 of title 10, United ed by subsection (a), shall establish an office United States Code (article 81 of the Uniform States Code (article 24 of the Uniform Code to do the following: Code of Military Justice). of Military Justice), or to impose non-judi- (A) To convene general and special courts- (E) A solicitation to commit an offense cial punishment in connection with the con- martial under sections 822 and 823 of title 10, specified in subparagraph (A) through (C) as duct covered by such charges as authorized United States Code (articles 22 and 23 of the punishable under section 882 of title 10, by section 815 of title 10, United States Code Uniform Code of Military Justice), pursuant United States Code (article 82 of the Uniform (article 15 of the Uniform Code of Military to paragraph (8) of section 822(a) of title 10, Code of Military Justice). Justice). United States Code (article 22(a) of the Uni- (F) An attempt to commit an offense speci- (5) CONSTRUCTION WITH CHARGES ON OTHER form Code of Military Justice), as so amend- fied in subparagraphs (A) through (E) as pun- OFFENSES.—Nothing in this subsection shall ed, with respect to offenses to which section ishable under section 880 of title 10, United be construed to alter or affect the disposi- 557(a)(1) applies. States Code (article 80 of the Uniform Code tion of charges under chapter 47 of title 10, (B) To detail under section 825 of title 10, of Military Justice). United States Code (the Uniform Code of United States Code (article 25 of the Uniform (3) EXCLUDED OFFENSES.—Paragraph (1) Military Justice), that allege an offense tri- Code of Military Justice), members of does not apply to an offense as follows: able by court-martial under that chapter for courts-martial convened as described in sub- (A) An offense under sections 883 through which the maximum punishment authorized paragraph (A). 917 of title 10, United States Code (articles 83 under that chapter includes confinement for (2) PERSONNEL.—The personnel of each of- through 117 of the Uniform Code of Military one year or less. fice established under paragraph (1) shall Justice). (6) POLICIES AND PROCEDURES.— consist of such members of the Armed Forces (B) An offense under section 933 or 934 of (A) IN GENERAL.—The Secretaries of the and civilian personnel of the Department of title 10, United States Code (articles 133 and military departments and the Secretary of Defense, or such members of the Coast Guard 134 of the Uniform Code of Military Justice). Homeland Security (with respect to the or civilian personnel of the Department of (C) A conspiracy to commit an offense Coast Guard when it is not operating as a Homeland Security, as may be detailed or as- specified in subparagraph (A) or (B) as pun- service in the Navy) shall revise policies and signed to the office by the Chief of Staff or

VerDate Sep 11 2014 05:19 May 27, 2016 Jkt 059060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.053 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3325 Commandant concerned. The members and ‘‘§ 907a. Art. 107a. Obstruction of justice as the ‘‘Department of Defense Alternative personnel so detailed or assigned, as the case ‘‘(a) Any person subject to this chapter Fuel Vehicle Infrastructure Fund’’. may be, shall be detailed or assigned from who wrongfully does a certain act with the (b) DEPOSITS.—The Fund shall consist of personnel billets in existence on the date of intent to influence, impede, or otherwise ob- the following: the enactment of this Act. struct the due administration of justice shall (1) Amounts appropriated to the Fund. SEC. 559. DISCHARGE USING OTHERWISE AU- be punished as a court-martial may direct, (2) Amounts earned through investment THORIZED PERSONNEL AND RE- except that the maximum punishment au- under subsection (c). SOURCES. thorized for such offense may not exceed dis- (3) Any other amounts made available to (a) IN GENERAL.—The Secretaries of the honorable discharge, forfeiture of all pay and the Fund by law. military departments and the Secretary of allowances, and confinement for not more (c) INVESTMENTS.—The Secretary shall in- Homeland Security (with respect to the than five years. vest any part of the Fund that the Secretary Coast Guard when it is not operating as a ‘‘(b) This section (article) is the sole sec- decides is not required to meet current ex- service in the Navy) shall carry out sections tion of this chapter under which an offense penses. Each investment shall be made in an 557 and 558 using personnel, funds, and re- described in subsection (a) is punishable.’’. interest-bearing obligation of the United sources otherwise authorized by law. (b) CLERICAL AMENDMENT.—The table of States Government, or an obligation that (b) NO AUTHORIZATION OF ADDITIONAL PER- sections at the beginning of subchapter X of has its principal and interest guaranteed by SONNEL OR RESOURCES.—Sections 557 and 558 chapter 47 of such title, as amended by sec- the Government, that the Secretary decides shall not be construed as authorizations for tion 559B(b)(2) of this Act, is further amend- has a maturity suitable for the Fund. personnel, personnel billets, or funds for the ed by inserting after the item relating to (d) USE OF FUNDS.—Amounts in the Fund discharge of the requirements in such sec- section 907 (article 107) the following new shall be available to the Secretary, acting tions. item: through the Under Secretary of Defense for SEC. 559A. MONITORING AND ASSESSMENT OF ‘‘907a. Art. 107a. Obstruction of justice.’’. Acquisition, Technology, and Logistics, to MODIFICATION OF AUTHORITIES ON install, operate, and maintain alternative COURTS-MARTIAL BY INDEPENDENT SA 4311. Mr. PETERS (for himself, PANEL ON REVIEW AND ASSESS- fuel dispensing stations for use by alter- MENT OF PROCEEDINGS UNDER THE Ms. HIRONO, and Mr. WYDEN) submitted native fueled vehicles of the Department of UNIFORM CODE OF MILITARY JUS- an amendment intended to be proposed Defense and other infrastructure necessary TICE. by him to the bill S. 2943, to authorize to fuel alternative fueled vehicles of the De- Section 576(d)(2) of the National Defense appropriations for fiscal year 2017 for partment. Authorization Act for Fiscal Year 2013 (Pub- military activities of the Department (e) DEFINITIONS.—In this section: lic Law 112–239; 126 Stat. 1762) is amended— of Defense, for military construction, (1) ALTERNATIVE FUEL.—The term ‘‘alter- (1) by redesignating subparagraph (J) as native fuel’’ has the meaning given such subparagraph (K); and and for defense activities of the De- term in section 32901 of title 49, United (2) by inserting after subparagraph (I) the partment of Energy, to prescribe mili- States Code. following new subparagraph (J): tary personnel strengths for such fiscal (2) ALTERNATIVE FUELED VEHICLE.—The ‘‘(J) Monitor and assess the implementa- year, and for other purposes; which was term ‘‘alternative fueled vehicle’’ means a tion and efficacy of sections 557 through 559 ordered to lie on the table; as follows: vehicle that operates on alternative fuel. of the National Defense Authorization Act At the end of subtitle B of title II, add the (3) FUND.—The term ‘‘Fund’’ means the for Fiscal Year 2017.’’. following: fund established under subsection (a). SEC. 559B. EXPLICIT CODIFICATION OF RETALIA- SEC. 221. AUTHORIZATION FOR RESEARCH TO IM- TION FOR REPORTING A CRIME AS PROVE MILITARY VEHICLE TECH- SA 4313. Mr. PETERS submitted an AN OFFENSE UNDER THE UNIFORM NOLOGY TO INCREASE FUEL ECON- amendment intended to be proposed by CODE OF MILITARY JUSTICE. OMY OR REDUCE FUEL CONSUMP- him to the bill S. 2943, to authorize ap- (a) IN GENERAL.—Section 893 of title 10, TION OF MILITARY GROUND VEHI- United States Code (article 93 of the Uniform CLES USED IN COMBAT. propriations for fiscal year 2017 for Code of Military Justice), is amended— (a) RESEARCH AUTHORIZED.—The Secretary military activities of the Department (1) by inserting ‘‘(a)’’ before ‘‘Any person’’; of Defense, acting through the Assistant Sec- of Defense, for military construction, (2) in subsection (a), as so designated, by retary of Defense for Research and Engineer- and for defense activities of the De- inserting ‘‘, or retaliating against any person ing and in collaboration with the Secretary partment of Energy, to prescribe mili- subject to his orders for reporting a criminal of the Army, the Secretary of the Navy, and tary personnel strengths for such fiscal offense,’’ after ‘‘any person subject to his or- the Director of the Defense Advanced Re- year, and for other purposes; which was ders’’; and search Projects Agency, may carry out re- (3) by adding at the end the following new search to improve military ground vehicle ordered to lie on the table; as follows: subsection: technology to increase fuel economy or re- At the end of subtitle I of title X, add the ‘‘(b) This section (article) is the sole sec- duce fuel consumption of military ground ve- following: tion of this chapter under which the offense hicles used in combat. SEC. 1097. REPORT ON DEFENSE NUCLEAR NON- of retaliating against any person subject to a (b) PREVIOUS SUCCESSES.—The Secretary of PROLIFERATION RESEARCH AND person’s orders for reporting a criminal of- Defense shall ensure that research carried DEVELOPMENT PROJECTS. fense as described in subsection (a) is punish- out under subsection (a) takes into account (a) FINDINGS.—Congress makes the fol- able.’’. the successes of, and lessons learned during, lowing findings: (b) CONFORMING AMENDMENTS.— previous Department of Defense, Department (1) The Joint Comprehensive Plan of Ac- (1) SECTION (ARTICLE) HEADING.—The head- of Energy, and private sector efforts to iden- tion (JCPOA) provides for the long term ing of such section (article) is amended to tify, assess, develop, demonstrate, and proto- presence of the International Atomic Energy read as follows: type technologies that support increasing Agency (IAEA) in Iran using modern tech- ‘‘§ 893. Art. 93. Cruelty and maltreatment; re- fuel economy or decreasing fuel consumption nologies in Annex I, section N. taliation for reporting a crime’’. of military ground vehicles, while balancing (2) The JCPOA allows the IAEA to utilize survivability, in furtherance of military mis- (2) TABLE OF SECTIONS (ARTICLES).—The on-line enrichment measurement and elec- sions. table of sections at the beginning of sub- tronic seals as well as other internationally accepted modern technologies for inspection chapter X of chapter 47 of such title is SA 4312. Mr. PETERS (for himself, amended by striking the item relating to and verification of compliance. Ms. HIRONO, and Mr. WYDEN) submitted section 893 (article 93) and inserting the fol- (b) REPORT.—Not later than 180 days after lowing new item: an amendment intended to be proposed the date of the enactment of this Act, the Deputy Administrator for Defense Nuclear ‘‘893. Art. 93. Cruelty and maltreatment; re- by him to the bill S. 2943, to authorize Nonproliferation shall submit to Congress a taliation for reporting a appropriations for fiscal year 2017 for report that contains at a minimum the fol- crime.’’. military activities of the Department lowing elements: (c) REPEAL OF SUPERSEDED PROHIBITION.— of Defense, for military construction, Section 1709 of the National Defense Author- and for defense activities of the De- (1) A description of ongoing, planned, and ization Act for Fiscal Year 2014 (Public Law anticipated defense nuclear nonproliferation partment of Energy, to prescribe mili- research and development projects and ac- 113–66; 127 Stat. 962; 10 U.S.C. 113 note) is re- tary personnel strengths for such fiscal pealed. tivities. year, and for other purposes; which was (2) A strategy for improving arms control SEC. 559C. ESTABLISHMENT OF OBSTRUCTION OF JUSTICE AS A SEPARATE OFFENCE ordered to lie on the table; as follows: agreement verification capabilities, includ- UNDER THE UNIFORM CODE OF At the end of subtitle B of title III, add the ing improving the capability and accuracy of MILITARY JUSTICE. following: nonproliferation verification technologies (a) PUNITIVE ARTICLE.—Subchapter X of SEC. 306. ESTABLISHMENT OF DEPARTMENT OF that comply with the JCPOA. chapter 47 of title 10, United States Code (the DEFENSE ALTERNATIVE FUELED VE- (c) JOINT COMPREHENSIVE PLAN OF ACTION Uniform Code of Military Justice), is amend- HICLE INFRASTRUCTURE FUND. DEFINED.—The term ‘‘Joint Comprehensive ed by inserting after section 907 (article 107) (a) ESTABLISHMENT OF FUND.—There is es- Plan of Action’’ means the Joint Comprehen- the following new section (article): tablished in the Treasury a fund to be known sive Plan of Action signed at Vienna on July

VerDate Sep 11 2014 05:19 May 27, 2016 Jkt 059060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.053 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3326 CONGRESSIONAL RECORD — SENATE May 26, 2016 14, 2015, by Iran and by France, Germany, the the Secretary of State, shall negotiate a SEC. 1097. REPORT ON MILITARY TRAINING FOR Russian Federation, the People’s Republic of cost-sharing agreement with a recipient OPERATIONS IN DENSELY POPU- China, the United Kingdom, and the United country regarding the cost of any training LATED URBAN TERRAIN. States. provided pursuant to section (b). The agree- (a) FINDINGS.—Congress makes the fol- ment shall set forth the terms of cost shar- lowing findings: SA 4314. Mr. PETERS submitted an ing that the Secretary of Defense determines (1) Despite years of contingency operations amendment intended to be proposed by are necessary and appropriate, but such in densely populated urban areas, the United him to the bill S. 2943, to authorize ap- terms shall not be less than 50 percent of the States Armed Forces continue to rely on propriations for fiscal year 2017 for overall cost of the training. crude mock-ups of city blocks for urban military activities of the Department (3) CREDIT TO APPROPRIATIONS.—The por- training. of Defense, for military construction, tion of such cost-sharing received by the (2) Current urban training complexes do Secretary of Defense pursuant to this sub- not offer sufficient capability to train or ex- and for defense activities of the De- section may be credited towards appropria- partment of Energy, to prescribe mili- ercise joint, combined arms or large units in tions available for operation and mainte- a dense urban landscape of tall buildings and tary personnel strengths for such fiscal nance for Defense-wide activities as specified other obstacles inhabited by millions of peo- year, and for other purposes; which was in the funding table in section 4301. ple. ordered to lie on the table; as follows: (f) NOTICE TO CONGRESS ON TRAINING.—Not (3) Combat units from all military services At the end of subtitle D of title XII, add later than 15 days before exercising the au- train in facilities that are significantly the following: thority under subsection (b) with respect to smaller and less complex than the real-world SEC. 1227. AUTHORITY TO PROVIDE ASSISTANCE a recipient country, the Secretary of Defense urban environments of today and of the AND TRAINING TO INCREASE MARI- shall submit to the appropriate congres- megacity challenges anticipated in the fu- TIME SECURITY AND DOMAIN sional committees a notification containing ture. AWARENESS OF FOREIGN COUN- the following: (4) The military services have identified TRIES BORDERING THE PERSIAN the training gap, but do not have the re- GULF, ARABIAN SEA, OR MEDI- (1) An identification of the recipient coun- TERRANEAN SEA. try. sources or funding to invest in the develop- ment of massive cities with the infrastruc- (a) PURPOSE.—The purpose of this section (2) A detailed justification of the program is to authorize assistance and training to in- for the provision of the training concerned, ture and obstacles that would be encoun- crease maritime security and domain aware- and its relationship to United States secu- tered during a contingency in dense urban ness of foreign countries bordering the Per- rity interests. environments. sian Gulf, the Arabian Sea, or the Mediterra- (3) The budget for the program, including a (5) In 2015, the Chief of Staff of the Army nean Sea in order to deter and counter illicit timetable of planned expenditures of funds published guidance to subordinate organiza- smuggling and related maritime activity by to implement the program, an implementa- tions to continue to develop concepts and ca- Iran, including illicit Iranian weapons ship- tion time-line for the program with mile- pabilities related to all aspects of the dense ments. stones (including anticipated delivery sched- urban terrain challenge. (b) AUTHORITY.— ules for any assistance and training under (6) The United States Army Training and (1) IN GENERAL.—To carry out the purpose the program), the military department or Doctrine Command (TRADOC) was directed of this section as described in subsection (a), component responsible for management of to assume the leadership for the develop- the Secretary of Defense, with the concur- the program, and the anticipated completion ment of solutions to address the myriad of rence of the Secretary of State, is author- date for the program. challenges operating in dense urban terrain, ized— (4) A description of the arrangements, if including requirements for the developing an (A) to provide training to the national any, to support recipient country urban studies program to increase oper- military or other security forces of Israel, sustainment of any capability developed pur- ational leader understanding of urban envi- Bahrain, Saudi Arabia, the United Arab suant to the program, and the source of ronments, advancing material solutions for Emirates, Oman, Kuwait, and Qatar that funds to support sustainment efforts and per- current and future megacity challenges, and have among their functional responsibilities formance outcomes to be achieved under the improving urban systems modeling capabili- maritime security missions; and program beyond its completion date, if appli- ties. (B) to provide training to ministry, agen- cable. (b) REPORT.— cy, and headquarters level organizations for (5) A description of the program objectives (1) IN GENERAL.—Not later than February 1, such forces. and an assessment framework to be used to 2017, the Secretary of Defense shall submit (2) DESIGNATION.—The provision of assist- develop capability and performance metrics to the congressional defense committees a ance and training under this section may be associated with operational outcomes for the report on plans and initiatives to enhance referred to as the ‘‘Counter Iran Maritime recipient force. existing urban training concepts, capabili- Initiative’’. (6) Such other matters as the Secretary ties, and facilities, and to provide for new (c) TYPES OF TRAINING.— considers appropriate. training opportunities that will more closely (1) AUTHORIZED ELEMENTS OF TRAINING.— (g) DEFINITION.—In this section, the term resemble large, dense, heavily populated Training provided under subsection (b)(1)(A) ‘‘appropriate congressional committees’’ urban environments. The report should in- may include the provision of de minimis means— clude specific efforts to provide for a real- equipment, supplies, and small-scale mili- (1) the Committee on Armed Services, the istic environment for the training of large tary construction. Committee on Foreign Relations, and the units with joint assets and recently fielded (2) REQUIRED ELEMENTS OF TRAINING.— Committee on Appropriations of the Senate; technologies to exercise new tactics, tech- Training provided under subsection (b) shall and niques, and procedures, including consider- include elements that promote the following: (2) the Committee on Armed Services, the ation of anticipated urban military oper- (A) Observance of and respect for human Committee on Foreign Affairs, and the Com- ations in or near the littoral environment rights and fundamental freedoms. mittee on Appropriations of the House of and maritime domain as well as the cyber (B) Respect for legitimate civilian author- Representatives. domain. ity within the country to which the assist- (2) FORM.—The report required under para- ance is provided. (h) TERMINATION.—Assistance and training graph (1) may be submitted in classified or (d) AVAILABILITY OF FUNDS.—Of the may not be provided under this section after unclassified form. amount authorized to be appropriated for fis- September 30, 2020. cal year 2017 by section 301 and available for operation and maintenance for Defense-wide SA 4316. Mr. ROUNDS (for himself SA 4315. Mr. PETERS (for himself activities as specified in the funding table in and Mr. CASEY) submitted an amend- and Ms. STABENOW) submitted an section 4301, $50,000,000 shall be available ment intended to be proposed by him only for the provision of assistance and amendment intended to be proposed by to the bill S. 2943, to authorize appro- training under subsection (b). him to the bill S. 2943, to authorize ap- OST HARING priations for fiscal year 2017 for mili- (e) C S .— propriations for fiscal year 2017 for (1) SENSE OF CONGRESS.—It is the sense of tary activities of the Department of Congress that, given income parity among military activities of the Department of Defense, for military construction, Defense, for military construction, and recipient countries, the Secretary of De- for defense activities of the Depart- fense, with the concurrence of the Secretary and for defense activities of the De- of State, should seek, through appropriate partment of Energy, to prescribe mili- ment of Energy, to prescribe military bilateral and multilateral arrangements, tary personnel strengths for such fiscal personnel strengths for such fiscal payments sufficient in amount to offset any year, and for other purposes; which was year, and for other purposes; which was training costs associated with implementa- ordered to lie on the table; as follows: ordered to lie on the table; as follows: tion of subsection (b). (2) COST-SHARING AGREEMENT.—The Sec- At the end of subtitle I of title X, add the At the end of subtitle A of title VII, add retary of Defense, with the concurrence of following: the following:

VerDate Sep 11 2014 05:19 May 27, 2016 Jkt 059060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.053 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3327 SEC. 709. EXPEDITED EVALUATION AND TREAT- (8) Beginning in 2010 and most recently on drinking water of 70 parts per trillion for MENT FOR PRENATAL SURGERY February 22, 2016, the Department of the In- PFOA and PFOS. UNDER THE TRICARE PROGRAM. terior, the Department of State, and the De- (b) REPORT.— (a) IN GENERAL.—The Secretary of Defense partment of Defense have sent letters to (1) IN GENERAL.—Not later than September shall implement processes and procedures to Speaker of the House of Representatives and 1, 2016, the Secretary of the Air Force, in col- ensure that a covered beneficiary under the the President Pro Tempore of the Senate laboration with the Administrator of the En- TRICARE program whose pregnancy is com- transmitting the legislation to approve the vironmental Protection Agency, shall sub- plicated with a fetal anomaly or suspected of 2010 United States Palau Agreement includ- mit to Congress a report on being complicated with a fetal anomaly re- ing an analysis of the budgetary impact of perfluorooctanoic acid (PFOA) and ceives, in an expedited manner and at the the legislation. perfluorooctane sulfonates (PFOS) contami- discretion of the covered beneficiary, evalua- (9) The February 22, 2016, letter concluded, nation at Stewart Air National Guard Base, tion and treatment from a perinatal or pedi- ‘‘Approving the results of the Agreement is Newburgh, Plattsburgh, Hoosick Falls, and atric specialist capable of providing surgical important to the national security of the Petersburgh, New York. management and intervention in utero. United States, stability in the Western Pa- (2) ELEMENTS.—The report required under (b) DEFINITIONS.—In this section, the terms cific region, our bilateral relationship with paragraph (1) shall include the following ele- ‘‘covered beneficiary’’ and ‘‘TRICARE pro- Palau and to the United States’ broader stra- ments: gram’’ have the meanings given those terms tegic interest in the Asia-Pacific region.’’ (A) An update on the cleanups underway at in section 1072 of title 10, United States (10) On May 20, 2016, the Department of De- Stewart Air National Guard Base, Newburgh, Code. fense submitted a letter to the Chairmen and Plattsburgh, Hoosick Falls, and Petersburgh. Ranking Members of the congressional de- (B) An update on the Air Force’s efforts to SA 4317. Ms. HIRONO (for herself, Ms. fense committees in support of including leg- identify and notify everyone affected or im- MURKOWSKI, and Ms. CANTWELL) sub- islation enacting the agreement in the fiscal pacted by the contamination. mitted an amendment intended to be year 2017 National Defense Authorization (C) An assessment of the Air Force’s role, proposed by her to the bill S. 2943, to Act and concluded that its inclusion ad- if any, in the new contaminations. authorize appropriations for fiscal year vances United States national security ob- (D) A summary of the Air Force’s support, 2017 for military activities of the De- jectives in the region. where appropriate, for the EPA with respect partment of Defense, for military con- (b) SENSE OF CONGRESS.—It is the sense of to the latest contaminations. Congress that— struction, and for defense activities of SA 4319. Mrs. FEINSTEIN (for herself the Department of Energy, to prescribe (1) to fulfill the promise and commitment of the United States to its ally, the Republic and Mrs. BOXER) submitted an amend- military personnel strengths for such of Palau, and reaffirm this special relation- ment intended to be proposed by her to fiscal year, and for other purposes; ship and strengthen the ability of the United the bill S. 2943, to authorize appropria- which was ordered to lie on the table; States to defend the homeland, Congress and tions for fiscal year 2017 for military as follows: the President should promptly enact the activities of the Department of De- At the end of subtitle H of title XII, insert Compact Review Agreement signed by the fense, for military construction, and the following: United States and Palau in 2010; and for defense activities of the Depart- SEC. 1277. SENSE OF CONGRESS ON COMMIT- (2) Congress and the President should im- mediately seek a mutually acceptable solu- ment of Energy, to prescribe military MENT TO THE REPUBLIC OF PALAU. personnel strengths for such fiscal (a) FINDINGS.—Congress makes the fol- tion to approving the Compact Review lowing findings: Agreement and ensuring adequate budgetary year, and for other purposes; which was (1) The Republic of Palau is comprised of resources are allocated to meet United ordered to lie on the table; as follows: 300 islands and covers roughly 177 square States obligations under the Compact At the end of subtitle I of title X, add the miles strategically located in the western through enacting legislation, including following: Pacific Ocean between the Philippines and through this Act. SEC. 1097. USE OF REVENUE AT A PREVIOUSLY the United States territory of Guam. ASSOCIATED AIRPORT. (2) The United States and Palau have SA 4318. Mr. SCHUMER submitted an Section 40117 of title 49, United States forged close security, economic and cultural amendment intended to be proposed by Code, is amended by adding at the end the ties since the United States defeated the him to the bill S. 2943, to authorize ap- following: armed forces of Imperial Japan in Palau in propriations for fiscal year 2017 for ‘‘(n) USE OF REVENUES AT A PREVIOUSLY 1944. ASSOCIATED AIRPORT.—Notwithstanding the military activities of the Department requirements relating to airport control (3) The United States administered Palau of Defense, for military construction, as a District of the United Nations Trust under subsection (b)(1), the Secretary may Territory of the Pacific Islands from 1947 to and for defense activities of the De- authorize use of a passenger facility charge 1994. partment of Energy, to prescribe mili- under subsection (b) to finance an eligible (4) In 1994, the United States and Palau en- tary personnel strengths for such fiscal airport-related project if— tered into a 50-year Compact of Free Asso- year, and for other purposes; which was ‘‘(1) the eligible agency seeking to impose ciation which provided for the independence ordered to lie on the table; as follows: the new charge controls an airport where a of Palau and set forth the terms for close $2.00 passenger facility charge became effec- At the end of subtitle B of title III, add the tive on January 1, 2013; and and mutually beneficial relations in secu- following: rity, economic, and governmental affairs. ‘‘(2) the location of the project to be fi- (5) The security terms of the Compact SEC. 306. AIR FORCE REPORT ON nanced by the new charge is at an airport PERFLUOROOCTANOIC ACID (PFOA) that was under the control of the same eligi- grant the United States full authority and AND PERFLUOROOCTANE responsibility for the security and defense of SULFONATES (PFOS) CONTAMINA- ble agency that had controlled the airport Palau, including the exclusive right to deny TION AT CERTAIN MILITARY INSTAL- described in paragraph (1).’’. any nation’s military forces access to the LATIONS. territory of Palau except the United States, (a) FINDING.—Congress makes the following SA 4320. Mr. SCHATZ (for himself, an important element of our Pacific strategy findings: Mrs. GILLIBRAND, Mr. MURPHY, Mr. for defense of the United States homeland, (1) An increasing number of communities WHITEHOUSE, Ms. BALDWIN, Ms. WAR- and the right to establish and use defense across New York have reportedly identified REN, Mr. BROWN, Mr. DURBIN, Mr. sites in Palau. the presence of perfluorooctanoic acid WYDEN, Mrs. BOXER, Mr. TESTER, Mr. (6) The Compact entitles any citizen of (PFOA) and perfluorooctane sulfonates BLUMENTHAL, Mr. UDALL, Mr. Palau to volunteer for service in the United (PFOS), which can contaminate water and MERKLEY, Mr. SANDERS, Mrs. MCCAS- States Armed Forces, and they do so at a cause adverse health effects. KILL, Mr. LEAHY, Ms. CANTWELL, Mrs. rate that exceeds that of any of the 50 (2) According to reports, levels of PFOA States. and PFOS have been detected in the public MURRAY, Ms. HIRONO, Mr. CARPER, Ms. (7) In 2009, and in accordance with section and private water supplies in the cities of HEITKAMP, Mr. COONS, Mr. BENNET, Mr. 432 of the Compact, the United States and Newburgh and Plattsburgh and the towns of BOOKER, Mrs. SHAHEEN, Mr. HEINRICH, Palau reviewed their overall relationship. In Hoosick Falls and Petersburgh, New York. Mr. PETERS, Mr. SCHUMER, and Mr. 2010, the two nations signed an agreement Public and private wells in these commu- REID) submitted an amendment in- updating and extending several provisions of nities are being tested by the New York De- tended to be proposed by him to the the Compact, including an extension of partment of Environmental Conservation bill S. 2943, to authorize appropriations United States financial and program assist- (DEC) and the New York Department of for fiscal year 2017 for military activi- ance to Palau, and establishing increased Health (DOH) . post-9/11 immigration protections. However, (3) The Environmental Protection Agency ties of the Department of Defense, for the United States has not yet approved this (EPA) has identified PFOA as an ‘‘emerging military construction, and for defense Agreement or provided the assistance as contaminant,’’ and in 2009, the EPA issued activities of the Department of Energy, called for in the Agreement. an updated provisional health advisory for to prescribe military personnel

VerDate Sep 11 2014 05:19 May 27, 2016 Jkt 059060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.054 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3328 CONGRESSIONAL RECORD — SENATE May 26, 2016 strengths for such fiscal year, and for (2) ADDITIONAL MATERIALS.—If additional (2) receive oral testimony of individuals other purposes; which was ordered to materials are necessary for the review, the who personally experienced discrimination lie on the table; as follows: appropriate discharge board— and discharge because of the actual or per- (A) may request additional information ceived sexual orientation of the individual so Insert after section 536 the following: from the covered member or the member’s that such testimony may serve as an official SEC. 536A. REVIEW OF DISCHARGE CHARACTER- representative, in writing, and specifically record of these discriminatory policies and IZATION. detailing what is being requested; and their impact on American lives. (a) IN GENERAL.—In accordance with this (B) shall be responsible for obtaining a (j) DEFINITIONS.—In this section: section, the appropriate discharge boards— copy of the necessary files of the covered (1) The term ‘‘appropriate discharge board’’ (1) shall review the discharge characteriza- member from the member, or when applica- means the boards for correction of military tion of covered members at the request of ble, from the Department of Defense. records under section 1552 of title 10, United the covered member; and (e) CHANGE OF CHARACTERIZATION.—The ap- States Code, or the discharge review boards (2) if such characterization is any charac- propriate discharge board shall change the under section 1553 of such title, as the case terization except honorable, may change discharge characterization of a covered may be. such characterization to honorable. member to honorable if such change is deter- (2) The term ‘‘covered member’’ means any mined to be appropriate after a review is (b) CRITERIA.—In changing the discharge former member of the Armed Forces who was conducted under subsection (d) pursuant to characterization of a covered member to discharged from the Armed Forces because the criteria under subsection (b). A covered honorable under subsection (a)(2), the Sec- of the sexual orientation of the member. member, or the member’s representative, retary of Defense shall ensure that such (3) The term ‘‘discharge characterization’’ may appeal a decision by the appropriate dis- changes are carried out consistently and uni- means the characterization under which a charge board to not change the discharge member of the Armed Forces is discharged or formly across the military departments characterization by using the regular ap- using the following criteria: released, including ‘‘dishonorable’’, ‘‘gen- peals process of the board. eral’’, ‘‘other than honorable’’, and ‘‘honor- (1) The original discharge must be based on (f) CHANGE OF RECORDS.—For each covered able’’. Don’t Ask Don’t Tell (in this Act referred to member whose discharge characterization is (4) The term ‘‘Don’t Ask Don’t Tell’’ means as ‘‘DADT’’) or a similar policy in place prior changed under subsection (e), or for each to the enactment of DADT. covered member who was honorably dis- section 654 of title 10, United States Code, as (2) Such discharge characterization shall charged but whose DD–214 form reflects the in effect before such section was repealed be so changed if, with respect to the original sexual orientation of the member, the Sec- pursuant to the Don’t Ask, Don’t Tell Repeal discharge, there were no aggravating cir- retary of Defense shall reissue to the mem- Act of 2010 (Public Law 111–321). cumstances, such as misconduct, that would ber or the member’s representative a revised (5) The term ‘‘representative’’ means the have independently led to a discharge char- DD–214 form that reflects the following: surviving spouse, next of kin, or legal rep- acterization that was any characterization (1) For each covered member discharged, resentative of a covered member. except honorable. For purposes of this para- the Separation Code, Reentry Code, Nar- graph, such aggravating circumstances may rative Code, and Separation Authority shall SA 4321. Mr. SCHATZ submitted an not include— not reflect the sexual orientation of the amendment intended to be proposed by (A) an offense under section 925 of title 10, member and shall be placed under secretarial him to the bill S. 2943, to authorize ap- United States Code (article 125 of the Uni- authority. Any other similar indication of propriations for fiscal year 2017 for form Code of Military Justice), committed the sexual orientation or reason for dis- military activities of the Department by a covered member against a person of the charge shall be removed or changed accord- of Defense, for military construction, same sex with the consent of such person; or ingly to be consistent with this paragraph. and for defense activities of the De- (B) statements, consensual sexual conduct, (2) For each covered member whose dis- partment of Energy, to prescribe mili- or consensual acts relating to sexual orienta- charge occurred prior to the creation of gen- tary personnel strengths for such fiscal tion or identity, or the disclosure of such eral secretarial authority, the sections of the statements, conduct, or acts, that were pro- DD–214 form referred to paragraph (1) shall year, and for other purposes; which was hibited at the time of discharge but after the be changed to similarly reflect a universal ordered to lie on the table; as follows: date of such discharge became permitted. authority with codes, authorities, and lan- At the end of subtitle F of title XII, add (3) When requesting a review, a covered guage applicable at the time of discharge. the following: member, or the member’s representative, (g) STATUS.— SEC. 1247. COMPTROLLER GENERAL OF THE shall be required to provide either— (1) IN GENERAL.—Each covered member UNITED STATES REPORT ON UNITED (A) documents consisting of— whose discharge characterization is changed STATES INTERESTS IN THE FREELY (i) a copy of the DD–214 form of the mem- under subsection (e) shall be treated without ASSOCIATED STATES. (a) REPORT REQUIRED.—Not later than De- ber; regard to the original discharge character- cember 1, 2017, the Comptroller General of (ii) a personal affidavit of the cir- ization of the member, including for pur- the United States shall submit to the con- cumstances surrounding the discharge; and poses of— gressional defense committees a report set- (iii) any relevant records pertaining to the (A) benefits provided by the Federal Gov- ting forth the results of a study, conducted discharge; or ernment to an individual by reason of service in the Armed Forces; and by the Comptroller General for purposes of (B) an affidavit certifying that the mem- the report, on United States security and ber, or the member’s representative, does not (B) all recognitions and honors that the Secretary of Defense provides to members of foreign policy interests in the Freely Associ- have the documents specified in subpara- ated States of the Republic of Palau, the Re- graph (A). the Armed Forces. (2) REINSTATEMENT.—In carrying out para- public of the Marshall Islands, and the Fed- (4) If a covered member provides an affi- erated States of Micronesia. davit described in subparagraph (B) of para- graph (1)(B), the Secretary shall reinstate all recognitions and honors of a covered member (b) ELEMENTS.—The study required pursu- graph (3)— ant to subsection (a) shall address the fol- (A) the appropriate discharge board shall whose discharge characterization is changed under subsection (e) that the Secretary with- lowing: make every effort to locate the documents (1) The role of the Compacts of Free Asso- specified in subparagraph (A) of such para- held because of the original discharge char- acterization of the member. ciation in promoting United States defense graph within the records of the Department (h) REPORTS.— and foreign policy interests, and the status of Defense; and (1) REVIEW.—The Secretary of Defense of the obligations of the United States and (B) the absence of such documents may not shall conduct a review of the consistency and the Freely Associated States under the Com- be considered a reason to deny a change of uniformity of the reviews conducted under pacts of Free Association. the discharge characterization under sub- section 2. (2) The economic assistance practices of section (a)(2). (2) REPORTS.—Not later than 270 days after the People’s Republic of China in the Freely (c) REQUEST FOR REVIEW.—The appropriate the date of the enactment of this Act, and Associated States, and the implications of discharge board shall ensure the mechanism each year thereafter for a four-year period, such practices for United States defense and by which covered members, or their rep- the Secretary shall submit to Congress a re- foreign policy interests in the Freely Associ- resentative, may request to have the dis- port on the reviews under paragraph (1). ated States and the Pacific region. charge characterization of the covered mem- Such reports shall include any comments or (3) The economic assistance practices of ber reviewed under this section is simple and recommendations for continued actions. other countries in the Freely Associated straightforward. (i) HISTORICAL REVIEW.—The Secretary of States, as determined by the Comptroller (d) REVIEW.— each military department shall ensure that General, and the implications of such prac- (1) IN GENERAL.—After a request has been oral historians of the department— tices for United States defense and foreign made under subsection (c), the appropriate (1) review the facts and circumstances sur- policy interests in the Freely Associated discharge board shall review all relevant rounding the estimated 100,000 members of States and the Pacific region. laws, records of oral testimony previously the Armed Forces discharged from the (4) Any other matters the Comptroller taken, service records, or any other relevant Armed Forces between World War II and Sep- General considers appropriate. information regarding the discharge charac- tember 2011 because of the sexual orientation (c) CONSULTATION.—The Comptroller Gen- terization of the covered member. of the member; and eral shall consult in the preparation of the

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report with other departments and agencies tees on Education and the Workforce and (E) SECRETARY.—The term ‘‘Secretary’’ of the United States Government, including Armed Services of the House of Representa- means the Secretary of Defense. elements of the intelligence community. tives. (2) PROGRAM AUTHORIZED.— (d) FORM.—The report required by sub- (c) TIMEFRAME.—The Comptroller General (A) IN GENERAL.—From amounts made section (a) shall be submitted in unclassified shall complete the study under subsection available under paragraph (7) and beginning for, but may include a classified annex. (a) and submit the report under subsection for the first full school year following the (b) by the date that is not later than 18 date of enactment of this Act, the Secretary SA 4322. Mr. TESTER submitted an months after the date of enactment of this shall carry out a 5-year pilot program to amendment intended to be proposed by Act. award scholarships to enable eligible mili- (d) DEFINITION OF SCHOOL FACILITY.—In him to the bill S. 2943, to authorize ap- tary students to attend the public or private this section, the term ‘‘school facility’’ has propriations for fiscal year 2017 for elementary schools or secondary schools se- the meaning given the term in section 7013 of military activities of the Department the Elementary and Secondary Education lected by the eligible military students’ par- of Defense, for military construction, Act of 1965 (20 U.S.C. 7713), as in effect for fis- ents. and for defense activities of the De- cal year 2017. (B) SCOPE OF PROGRAM.— partment of Energy, to prescribe mili- (i) IN GENERAL.—The Secretary shall select tary personnel strengths for such fiscal SA 4323. Ms. COLLINS submitted an not less than 5 military installations to par- amendment intended to be proposed by ticipate in the pilot program described in year, and for other purposes; which was subparagraph (A). In making such selection, ordered to lie on the table; as follows: her to the bill S. 2943, to authorize ap- propriations for fiscal year 2017 for the Secretary shall choose military installa- At the end of subtitle F of title V, add the tions that where eligible military students following: military activities of the Department would most benefit from expanded edu- SEC. 583. GAO REPORT ON IMPACT AID CON- of Defense, for military construction, cational options. STRUCTION PROGRAMS. and for defense activities of the De- (ii) INELIGIBILITY.—A military installation (a) IN GENERAL.—The Comptroller General partment of Energy, to prescribe mili- that provides, on its premises, education for of the United States shall conduct a com- tary personnel strengths for such fiscal all elementary school and secondary school prehensive study that— year, and for other purposes; which was grade levels through 1 or more Department (1) examines the implementation of section ordered to lie on the table; as follows: of Defense dependents’ schools shall not be 8007 of the Elementary and Secondary Edu- Strike section 604. eligible for participation in the program. cation Act of 1965 (for fiscal year 2016 and (C) AMOUNT OF SCHOLARSHIPS.— any preceding fiscal year, and as in effect for SA 4324. Mr. SCOTT (for himself and (i) IN GENERAL.—The annual amount of such fiscal year) and section 7007 of that Act each scholarship awarded to an eligible mili- (for each of fiscal years 2017 and 2018, and as Mr. SASSE) submitted an amendment intended to be proposed by him to the tary student under this section shall not ex- in effect for such fiscal year), including a ceed the lesser of— comparison of— bill S. 2943, to authorize appropriations (I) the cost of tuition, fees, and transpor- (A) the distribution of payments between for fiscal year 2017 for military activi- tation associated with attending the partici- subparagraphs (A) and (B) of subsection (a)(3) ties of the Department of Defense, for pating school selected by the parents of the of those sections, as applicable, for the pe- military construction, and for defense student; or riod of the 10 fiscal years preceding the fiscal activities of the Department of Energy, (II)(aa) in the case of an eligible military year of the study; to prescribe military personnel student attending elementary school— (B) other Federal funding made available strengths for such fiscal year, and for (AA) $8,000 for the first full school year fol- to local educational agencies eligible to re- lowing the date of enactment of this Act; or ceive funding under subsection (a)(3) of those other purposes; which was ordered to lie on the table; as follows: (BB) the amount determined under clause sections; and (ii) for each school year following such first (C) the overall level of available capital At the end of subtitle F of title V, add the full school year; or funding of local educational agencies eligible following: (bb) in the case of an eligible military stu- to receive funding under subsection (a)(3) of SEC. 583. MILITARY SCHOLARSHIPS. dent attending secondary school— those sections compared to other comparable (a) PURPOSE.—The purpose of this section (AA) $12,000 for the first full school year local educational agencies; is to ensure high-quality education for chil- following the date of enactment of this Act; (2) evaluates unmet need as of the date of dren of military personnel who live on mili- or enactment of this section for housing of pro- tary installations and thus have less freedom (BB) the amount determined under clause fessionals employed to work at schools oper- to exercise school choice for their children, (ii) for each school year following such first ated by local educational agencies eligible to in order to improve the ability of the Armed full school year. receive funding under subsection (a)(3)(B) of Forces to retain such military personnel. (ii) ADJUSTMENT FOR INFLATION.—For each section 7007 of the Elementary and Sec- (b) MILITARY SCHOLARSHIP PROGRAM.— school year after the first full school year ondary Education Act of 1965 (as in effect for (1) DEFINITIONS.—In this section: following the date of enactment of this Act, fiscal year 2017); (A) ESEA DEFINITIONS.—The terms ‘‘child’’, (3) to the extent practicable, determines ‘‘elementary school’’, ‘‘secondary school’’, the amounts specified in items (aa) and (bb) the age, condition, and remaining utility of and ‘‘local educational agency’’ have the of clause (i)(II) shall be adjusted to reflect school facilities for those local educational meanings given the terms in section 8101 of changes for the 12-month period ending the agencies enrolling students described in sub- the Elementary and Secondary Education preceding June in the Consumer Price Index paragraph (B) or (C) of section 7003(a)(1) of Act of 1965 (20 U.S.C. 7801). for All Urban Consumers published by the that Act (as in effect for fiscal year 2017) (B) ELIGIBLE MILITARY STUDENT.—The term Bureau of Labor Statistics of the Depart- that are eligible to receive a basic support ‘‘eligible military student’’ means a child ment of Labor. payment under— who— (D) PAYMENTS TO PARENTS.—The Secretary (A) section 8003(b) of that Act (for any of (i) is a military dependent student; shall make scholarship payments under this fiscal years 2009 through 2016, and as in effect (ii) lives on a military installation selected section to the parent of the eligible military for such fiscal year); and to participate in the program under para- student in a manner that ensures such pay- (B) section 7003(b) of that Act (for any of graph (2)(B); and ments will be used for the payment of tui- fiscal years 2017 and 2018, and as in effect for (iii) chooses to attend a participating tion, fees, and transportation expenses (if such fiscal year); and school, rather than a school otherwise as- any) in accordance with this section. (4) recommends a method by which the signed to the child. (3) SELECTION OF SCHOLARSHIPS RECIPI- Federal Government may develop a school (C) MILITARY DEPENDENT STUDENT.—The ENTS.— facility condition index for a school facility term ‘‘military dependent student’’ has the (A) RANDOM SELECTION.—If more eligible of a local educational agency eligible to re- meaning given the term in section 572(e) of military students apply for scholarships ceive funding under 7007(a)(3) of that Act (as the National Defense Authorization Act for under the program under this section than in effect for fiscal year 2017) that limits the Fiscal Year 2006 (20 U.S.C. 7703b(e)). the Secretary can accommodate, the Sec- reporting burden to the maximum extent (D) PARTICIPATING SCHOOL.—The term ‘‘par- retary shall select the scholarship recipients practicable on the eligible local educational ticipating school’’ means a public or private through a random selection process from agencies included in the index. elementary school or secondary school students who submitted applications by the (b) REPORTING.—The Comptroller General that— application deadline specified by the Sec- shall submit a report containing the conclu- (i) accepts scholarship funds provided retary. sions of the study under subsection (a) to— under this section on behalf of an eligible (B) CONTINUED ELIGIBILITY.— (1) the Committees on Indian Affairs, military student for the costs of tuition, (i) IN GENERAL.—An individual who is se- Armed Services, and Health, Education, fees, or transportation of the eligible mili- lected to receive a scholarship under the pro- Labor, and Pensions of the Senate; and tary student; and gram under this section shall continue to re- (2) the Subcommittee on Indian, Insular, (ii) is accredited, licensed, or otherwise op- ceive a scholarship for each year of the pro- and Alaska Native Affairs and the Commit- erating in accordance with State law. gram until the individual—

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(I) graduates from secondary school or (ii) require any private participating (2) ELEMENTS.—The report on an individual elects to no longer participate in the pro- school to remove religious art, icons, scrip- under paragraph (1) shall set forth the fol- gram; tures, or other symbols; or lowing: (II) exceeds the maximum age for which (iii) preclude any private participating (A) The prospective status of the indi- the State in which the student lives provides school from retaining religious terms in its vidual after transfer to the country con- a free public education; or name, selecting its board members on a reli- cerned. (III) is no longer an eligible military stu- gious basis, or including religious references (B) The capacity of the country to securely dent. in its mission statements and other char- detain or monitor the individual, or both. (ii) CONTINUED PARTICIPATION FOR MILITARY tering or governing documents. (C) The actions the country will take to TRANSFERS.— (6) REPORTS.— mitigate the risk of recidivism by the indi- vidual. (I) TRANSFER TO PRIVATE NON-MILITARY (A) ANNUAL REPORTS.—Not later than July (D) An assessment of the security environ- HOUSING.—Notwithstanding clause (i)(III), an 30 of the year following the year of the date ment in the country. individual receiving a scholarship under this of enactment of this Act, and each subse- (E) A list of individuals detained at Guan- section for a school year who meets the re- quent year through the year in which the tanamo previously transferred to the coun- quirements of clauses (i) and (iii) of para- final report is submitted under subparagraph try, if any, and the current known status of graph (1)(B) and whose family, during such (B), the Secretary shall prepare and submit each such individual. school year, moves into private non-military to Congress an interim report on the scholar- (F) A plan to periodically assess the status housing that is not considered to be part of ships awarded under the pilot program under of the individual and the compliance of the the military installation, shall continue to this section that includes the content de- country with any written or unwritten receive the scholarship for use at the partici- scribed in subparagraph (C) for the applica- ble school year of the report. agreement or memorandum of understanding pating school for the remaining portion of (B) FINAL REPORT.—Not later than 90 days described in subsection (a). the school year. after the end of the pilot program under this (G) An assessment of security cooperation (II) TRANSFER TO A DIFFERENT MILITARY IN- section, the Secretary shall prepare and sub- between the United States and the country, STALLATION.—Notwithstanding clause(i)(III), mit to Congress a report on the scholarships and a description of any security assistance an individual receiving a scholarship under awarded under the program that includes the provided to the country— this section for a school year whose family is content described in subparagraph (C) for (i) in connection with the transfer; and transferred to a different military installa- each school year of the program. (ii) during the two-year period ending on tion shall no longer be eligible to receive (C) CONTENT.—Each annual report under the date of the report. such scholarship beginning on the date of the subparagraph (A) and the final report under (H) Any other incentives provided by the transfer. Such individual may apply to par- subparagraph (B) shall contain— United States Government to the country to ticipate in any program offered under this (i) the number of applicants for scholar- accept the transfer of the individual. section for the new military installation for ships under this section; (b) REPORTS REQUIRED AFTER TRANSFER.— a subsequent school year, if such individual (ii) the number, and the average dollar (1) IN GENERAL.—The Secretary shall sub- qualifies as an eligible military student for amount, of scholarships awarded; mit to the appropriate committees of Con- such school year. (iii) the number of participating schools; gress, with the frequency specified in para- (4) NONDISCRIMINATION AND OTHER PROVI- (iv) the number of elementary school stu- graph (2), a report on each individual de- SIONS.— dents receiving scholarships under this sec- tained at Guantanamo who is transferred to (A) NON-DISCRIMINATION.—A participating tion and the number of secondary school stu- a foreign county. Each such report shall in- school shall not discriminate against pro- dents receiving such scholarships; and clude the following: gram participants or applicants on the basis (v) the results of a survey, conducted by (A) A description of the compliance of such of race, color, national origin, or sex. the Secretary, regarding parental satisfac- country with any written or unwritten (B) APPLICABILITY AND SINGLE-SEX SCHOOLS, tion with the scholarship program under this agreement or memorandum of understanding CLASSES, OR ACTIVITIES.— section. between the United States Government and (i) IN GENERAL.—Notwithstanding any (7) AUTHORIZATION OF APPROPRIATIONS.— the government of such country regarding other provision of law, the prohibition of sex There are authorized to be appropriated to the transfer of the individual. discrimination in subparagraph (A) shall not carry out this section $10,000,000 for each of (B) A description of the status of each indi- apply to a participating school that is oper- fiscal years 2017 through 2021. vidual detained at Guantanamo who was pre- ated by, supervised by, controlled by, or con- (8) OFFSET IN DEPARTMENT OF EDUCATION viously transferred to such country, regard- nected to a religious organization to the ex- SALARIES.—Notwithstanding any other provi- less of when transferred. tent that the application of subparagraph (A) sion of law, for fiscal year 2017 and each of (2) FREQUENCY.—A report shall be sub- is inconsistent with the religious tenets or the 4 succeeding fiscal years, the Secretary mitted under paragraph (1) on an individual beliefs of the school. of Education shall return to the Treasury as follows: (ii) SINGLE-SEX SCHOOLS, CLASSES, OR AC- $10,000,000 of the amounts made available to (A) Not later than six months after trans- TIVITIES.—Notwithstanding subparagraph (A) the Secretary for salaries and expenses of fer. or any other provision of law, a parent may the Department of Education for such year. (B) Not later than one year after transfer. choose, and a participating school may offer, (C) Not later than annually thereafter. a single-sex school, class, or activity. (c) CONSTRUCTION WITH OTHER REPORTING SA 4325. Mr. KIRK submitted an (C) CHILDREN WITH DISABILITIES.—Nothing REQUIREMENTS.—The reports required under in this section may be construed to alter or amendment intended to be proposed by this section in connection with the transfer modify the Individuals with Disabilities Edu- him to the bill S. 2943, to authorize ap- of an individual detained at Guantanamo are cation Act (20 U.S.C. 1400 et seq.). propriations for fiscal year 2017 for in addition to any other reports required in connection with the transfer of the indi- (D) RULES OF CONDUCT AND OTHER SCHOOL military activities of the Department vidual under any other provision of law. POLICIES.—A participating school, including of Defense, for military construction, (d) PUBLICATION.—Each report under this the schools described in paragraph (5), may and for defense activities of the De- section shall be published in the Federal require eligible students to abide by any partment of Energy, to prescribe mili- Register in unclassified form. rules of conduct and other requirements ap- tary personnel strengths for such fiscal (e) DEFINITIONS.—In this section: plicable to all other students at the school. year, and for other purposes; which was (1) The term ‘‘appropriate committees of (5) RELIGIOUSLY AFFILIATED SCHOOLS.— ordered to lie on the table; as follows: Congress’’ means— (A) IN GENERAL.—Notwithstanding any (A) the Committee on Armed Services, the other provision of law, a participating school At the end of subtitle D of title X, add the Committee on Appropriations, and the Se- that is operated by, supervised by, controlled following: lect Committee on Intelligence of the Sen- by, or connected to, a religious organization SEC. 1031. ADDITIONAL REPORTS ON TRANSFER ate; and may exercise its right in matters of employ- OF INDIVIDUALS DETAINED AT (B) the Committee on Armed Services, the ment consistent with title VII of the Civil UNITED STATES NAVAL STATION, Committee on Appropriations, and the Per- Rights Act of 1964 (42 U.S.C. 2000e et seq.), in- GUANTANAMO BAY, CUBA, TO FOR- manent Select Committee on Intelligence of cluding the exemptions in that title. EIGN COUNTRIES. the House of Representatives. (B) MAINTENANCE OF PURPOSE.—Notwith- (a) REPORT REQUIRED UPON TRANSFER.— (2) The term ‘‘individual detained at Guan- standing any other provision of law, funds (1) REPORT.—Upon the transfer of an indi- tanamo’’ means any individual located at made available under this section to eligible vidual detained at Guantanamo to a foreign United States Naval Station, Guantanamo military students that are received by a par- country, the Secretary of Defense shall sub- Bay, Cuba, as of October 1, 2009, who— ticipating school, as a result of their par- mit to the appropriate committees of Con- (A) is not a citizen of the United States or ents’ choice, shall not, consistent with the gress a report on any written or unwritten a member of the Armed Forces of the United first amendment of the Constitution of the agreement or memorandum of understanding States; and United States— between the United States Government and (B) is— (i) necessitate any change in the partici- the government of the country regarding the (i) in the custody or under the control of pating school’s teaching mission; transfer of the individual. the Department of Defense; or

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(ii) otherwise under detention at United (b) CERTIFICATION.—The Federal Acquisi- (A) an individual who is a national of Iran; States Naval Station, Guantanamo Bay, tion Regulation shall be revised to require a or Cuba. certification from each person that is a pro- (B) an entity that is organized under the SEC. 1032. REPORT ON INDIVIDUALS DETAINED spective contractor that such person does laws of Iran or otherwise subject to the juris- AT UNITED STATES NAVAL STATION, not engage in any transaction described in diction of the Government of Iran. GUANTANAMO BAY, CUBA, WHOSE subsection (a). Such revision shall apply (4) KNOWINGLY.—The term ‘‘knowingly’’ STATUS WAS REVISED AFTER 2010 with respect to contracts in an amount shall be determined, for the purposes of this FINAL REPORT OF THE GUANTA- NAMO REVIEW TASK FORCE. greater than the simplified acquisition section, in accordance with section 561.314 of (a) REPORT REQUIRED.—Not later than 60 threshold (as defined in section 134 of title title 31, Code of Federal Regulations, as such days after the date of the enactment of this 41, United States Code) for which solicita- section 561.314 was in effect on January 1, Act, the Secretary of Defense shall submit to tions are issued on or after the date that is 2016. the appropriate committees of Congress a re- 90 days after the date of the enactment of (5) PERSON.—The term ‘‘person’’ means has port on the individuals detained at United this Act. the meaning given such term in section States Naval Station, Guantanamo Bay, (c) WAIVER.—The Secretary of Defense, in 560.305 of title 31, Code of Federal Regula- Cuba, whose status was revised after the consultation with the Secretary of State and tion, as such section 560.305 was in effect on January 22, 2010, Final Report of the Guanta- the Secretary of the Treasury, may, on a April 22, 2016. namo Review Task Force. case-by-case basis, waive the limitation in (6) SIGNIFICANT TRANSACTION OR TRANS- (b) ELEMENTS.—The report required by sub- subsection (a) with respect to a person if the ACTIONS.—The term ‘‘significant transaction section (a) shall include the following: Secretary of Defense, in consultation with or transactions’’ shall be determined, for (1) Name and number of each individual de- the Secretary of State and the Secretary of purposes of this section, in accordance with tained at Guantanamo whose status was re- the Treasury— section 561.404 of title 31, Code of Federal vised after the January 22, 2010, Final Report (1) determines that the waiver is important Regulations, as such section 561.404 was in ef- of the Guantanamo Review Task Force. to the national security interest of the fect on January 1, 2016. (2) An explanation for the revision in sta- United States; and tus of each such individual. (2) not less than 30 days before the date on SA 4327. Mr. THUNE submitted an (3) The name of each individual detained at which the waiver is to take effect, submits amendment intended to be proposed by Guantanamo who was designated in the to the appropriate committees of Congress— him to the bill S. 2943, to authorize ap- Final Report of the Guantanamo Review (A) a notification of, and detailed justifica- propriations for fiscal year 2017 for Task Force as too dangerous to transfer, but tion for, the waiver; and military activities of the Department had the status revised and was subsequently (B) a certification that— of Defense, for military construction, transferred from United States Naval Sta- (i) the person to which the waiver is to and for defense activities of the De- tion, Guantanamo Bay, Cuba. apply is no longer engaging in transactions (4) The place to which each individual cov- partment of Energy, to prescribe mili- described in subsection (a) or has taken sig- tary personnel strengths for such fiscal ered by paragraph (3) was transferred. nificant verifiable and credible steps toward (5) The current status of each individual stopping such transactions, including wind- year, and for other purposes; which was covered by paragraph (3). ing down contracts or other agreements that ordered to lie on the table; as follows: (c) DEFINITIONS.—In this section: were in effect before the date of the enact- At the end of subtitle I of title X, add the (1) The term ‘‘appropriate committees of ment of this Act; and following: Congress’’ means— (ii) the Secretary of Defense has received SEC. 1097. VEHICLE INSPECTIONS. (A) the Committee on Armed Services, the reliable assurances in writing that the per- (a) IN GENERAL.—As an interim safety Committee on Appropriations, and the Se- son will not knowingly engage in a trans- measure, the Transportation Protective lect Committee on Intelligence of the Sen- action described in subsection (a) in the fu- Service of the Department of Defense shall ate; and ture. ensure that all commercial transportation (B) the Committee on Armed Services, the (d) DEFINITIONS.—In this section: service providers transporting explosives or Committee on Appropriations, and the Per- (1) APPROPRIATE COMMITTEES OF CON- potentially hazardous or sensitive cargo manent Select Committee on Intelligence of GRESS.—The term ‘‘appropriate committees have a vehicle out-of-service percentage rate the House of Representatives. of Congress’’ means— of not more than 10 percent, as determined (2) The term ‘‘individual detained at Guan- (A) the Committee on Armed Services and by the Federal Motor Carrier Safety Admin- tanamo’’ means any individual located at the Committee on Foreign Relations of the istration, until the Department of Transpor- United States Naval Station, Guantanamo Senate; and tation concludes its current study to deter- Bay, Cuba, as of October 1, 2009, who— (B) the Committee on Armed Services and mine fair and accurate scoring methodology (A) is not a citizen of the United States or the Committee on Foreign Affairs of the for the Safety Measurement System. a member of the Armed Forces of the United House of Representatives. (b) COMPLIANCE.—The Transportation Pro- tective Service may give a provider that ex- States; and (2) COVERED IRANIAN PERSON.—The term ceeds the allowable vehicle out-of-service (B) is— ‘‘covered Iranian person’’ means an Iranian percentage rate under subsection (a) up to 90 (i) in the custody or under the control of person that— days to bring such rate in compliance with the Department of Defense; or (A) is included on the list of specially des- subsection (a). (ii) otherwise under detention at United ignated nationals and blocked persons main- States Naval Station, Guantanamo Bay, tained by the Office of Foreign Assets Con- Cuba. SA 4328. Mr. UDALL submitted an trol of the Department of the Treasury and amendment intended to be proposed by Mr. RUBIO submitted an the property and interests in property of SA 4326. which are blocked pursuant to the Inter- him to the bill S. 2943, to authorize ap- amendment intended to be proposed by national Emergency Economic Powers Act propriations for fiscal year 2017 for him to the bill S. 2943, to authorize ap- (50 U.S.C. 1701 et seq.) for acting on behalf of military activities of the Department propriations for fiscal year 2017 for or at the direction of, or being owned or con- of Defense, for military construction, military activities of the Department trolled by, the Government of Iran; and for defense activities of the De- of Defense, for military construction, (B) is included on the list of persons identi- partment of Energy, to prescribe mili- and for defense activities of the De- fied as blocked solely pursuant to Executive tary personnel strengths for such fiscal partment of Energy, to prescribe mili- Order 13599; or year, and for other purposes; which was tary personnel strengths for such fiscal (C) in the case of an Iranian person de- ordered to lie on the table; as follows: scribed in paragraph (3)(B)— year, and for other purposes; which was At the end of subtitle G of title XII, add ordered to lie on the table; as follows: (i) is owned, directly or indirectly, by— (I) Iran’s Revolutionary Guard Corps, or the following: At the end of subtitle D of title XII, add any agent or affiliate thereof; or SEC. 1266. REPORT ON SECURITY COOPERATION the following: (II) one or more other Iranian persons that PROGRAMS AND ACTIVITIES OF THE SEC. 1227. LIMITATION ON USE OF FUNDS TO DEPARTMENT OF DEFENSE IN- are included on the list of specially des- TENDED TO BUILD PARTNER CAPAC- PROCURE GOODS OR SERVICES ignated nationals and blocked persons as de- FROM PERSONS THAT ENGAGE IN ITY OF FOREIGN COUNTRIES. SIGNIFICANT TRANSACTIONS WITH scribed in subparagraph (A) if such Iranian (a) REPORT REQUIRED.—The Secretary of CERTAIN IRANIAN PERSONS. persons collectively own a 25 percent or Defense shall submit to the appropriate com- (a) LIMITATION.—No funds authorized to be greater interest in the Iranian person; or mittees of Congress a report on the security appropriated for the Department of Defense (ii) is controlled, managed, or directed, di- cooperation programs and activities of the for fiscal year 2017 may be used to procure, rectly or indirectly, by Iran’s Revolutionary Department of Defense that are intended to or enter into any contract for the procure- Guard Corps, or any agent or affiliate there- build partner capacity of foreign countries. ment of, any goods or services from any per- of, or by one or more other Iranian persons (b) ELEMENTS.—The report under sub- son that knowingly engages in a significant described in clause (i)(II). section (a) shall include the following: transaction or transactions with a covered (3) IRANIAN PERSON.—The term ‘‘Iranian (1) An identification of each current secu- Iranian person during such fiscal year. person’’ means— rity cooperation program or activity of the

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Department of Defense that is intended to (1) ADEN LAVA FLOW WILDERNESS.—Certain (c) MANAGEMENT.—Subject to valid exist- build partner capacity of a foreign country. land administered by the Bureau of Land ing rights, the wilderness areas shall be ad- (2) A description of the manner in which Management in Don˜ a Ana County com- ministered by the Secretary— each program and activity identified pursu- prising approximately 27,673 acres, as gen- (1) as components of the National Land- ant to paragraph (1) is intended to build erally depicted on the map entitled ‘‘Potrillo scape Conservation System; and partner capacity of a foreign country. Mountains Complex’’ and dated April 19, (2) in accordance with— (3) An assessment whether the programs 2016, which shall be known as the ‘‘Aden (A) this subtitle; and and activities identified pursuant to para- Lava Flow Wilderness’’. (B) the Wilderness Act (16 U.S.C. 1131 et graph (1) have effectively contributed to the (2) BROAD CANYON WILDERNESS.—Certain seq.), except that— accomplishment of strategic-level objec- land administered by the Bureau of Land (i) any reference in the Wilderness Act to tives. Management in Don˜ a Ana County com- the effective date of that Act shall be consid- (c) ASSESSMENT.—In preparing the assess- prising approximately 13,902 acres, as gen- ered to be a reference to the date of enact- ment of a program or activity required pur- erally depicted on the map entitled ‘‘Desert ment of this Act; and suant to subsection (b)(3), the Secretary Peaks Wilderness’’ and dated April 19, 2016, (ii) any reference in the Wilderness Act to shall do a comparative analysis of the short- which shall be known as the ‘‘Broad Canyon the Secretary of Agriculture shall be consid- term, medium-term, and long-term effective- Wilderness’’. ered to be a reference to the Secretary of the ness of the program or activity from the per- (3) CINDER CONE WILDERNESS.—Certain land Interior. spective of the United States Government administered by the Bureau of Land Manage- (d) INCORPORATION OF ACQUIRED LAND AND and from the perspective of the government ment in Don˜ a Ana County comprising ap- INTERESTS IN LAND.—Any land or interest in of the country concerned. proximately 16,935 acres, as generally de- land that is within the boundary of a wilder- (d) DEFINITIONS.—In this section, the terms picted on the map entitled ‘‘Potrillo Moun- ness area that is acquired by the United ‘‘appropriate committees of Congress’’ and tains Complex’’ and dated April 19, 2016, States shall— ‘‘security cooperation programs and activi- which shall be known as the ‘‘Cinder Cone (1) become part of the wilderness area ties of the Department of Defense’’ have the Wilderness’’. within the boundaries of which the land is meaning given those terms in section 301 of (4) ORGAN MOUNTAINS WILDERNESS.—Certain located; and title 10, United States Code, as added by sec- land administered by the Bureau of Land (2) be managed in accordance with— tion 1252 of this Act. Management in Don˜ a Ana County com- (A) the Wilderness Act (16 U.S.C. 1131 et prising approximately 19,197 acres, as gen- seq.); SA 4329. Mr. UDALL (for himself and erally depicted on the map entitled ‘‘Organ (B) this subtitle; and Mr. HEINRICH) submitted an amend- Mountains Area’’ and dated April 19, 2016, (C) any other applicable laws. ment intended to be proposed by him which shall be known as the ‘‘Organ Moun- (e) GRAZING.—Grazing of livestock in the to the bill S. 2943, to authorize appro- tains Wilderness’’, the boundary of which wilderness areas, where established before shall be offset 400 feet from the centerline of the date of enactment of this Act, shall be priations for fiscal year 2017 for mili- administered in accordance with— tary activities of the Department of Dripping Springs Road in T. 23 S., R. 04 E., sec. 7, New Mexico Principal Meridian. (1) section 4(d)(4) of the Wilderness Act (16 Defense, for military construction, and (5) POTRILLO MOUNTAINS WILDERNESS.—Cer- U.S.C. 1133(d)(4)); and for defense activities of the Depart- tain land administered by the Bureau of (2) the guidelines set forth in Appendix A ment of Energy, to prescribe military Land Management in Don˜ a Ana and Luna of the Report of the Committee on Interior personnel strengths for such fiscal counties comprising approximately 125,854 and Insular Affairs to accompany H.R. 2570 of year, and for other purposes; which was acres, as generally depicted on the map enti- the 101st Congress (H. Rept. 101–405). ordered to lie on the table; as follows: tled ‘‘Potrillo Mountains Complex’’ and (f) MILITARY OVERFLIGHTS.—Nothing in dated April 19, 2016, which shall be known as this section restricts or precludes— At the end of subsection (d) of section 876, (1) low-level overflights of military air- add the following: the ‘‘Potrillo Mountains Wilderness’’. (6) ROBLEDO MOUNTAINS WILDERNESS.—Cer- craft over the wilderness areas, including (8) Secure laser communications systems military overflights that can be seen or with high data rates to provide low prob- tain land administered by the Bureau of ˜ heard within the wilderness areas; ability of interception by adversaries. Land Management in Dona Ana County com- prising approximately 16,776 acres, as gen- (2) the designation of new units of special (9) Advanced additive manufacturing capa- airspace over the wilderness areas; or bilities that can be deployed in combat zones erally depicted on the map entitled ‘‘Desert Peaks Complex’’ and dated April 19, 2016, (3) the use or establishment of military for use in areas without adequate access to flight training routes over the wilderness parts and supplies or out at sea. which shall be known as the ‘‘Robledo Moun- tains Wilderness’’. areas. (g) BUFFER ZONES.— (7) SIERRA DE LAS UVAS WILDERNESS.—Cer- SA 4330. Mr. UDALL submitted an (1) IN GENERAL.—Nothing in this section tain land administered by the Bureau of amendment intended to be proposed by creates a protective perimeter or buffer zone Land Management in Don˜ a Ana County com- around any wilderness area. him to the bill S. 2943, to authorize ap- prising approximately 11,114 acres, as gen- (2) ACTIVITIES OUTSIDE WILDERNESS propriations for fiscal year 2017 for erally depicted on the map entitled ‘‘Desert AREAS.—The fact that an activity or use on military activities of the Department Peaks Complex’’ and dated April 19, 2016, land outside any wilderness area can be seen of Defense, for military construction, which shall be known as the ‘‘Sierra de las or heard within the wilderness area shall not and for defense activities of the De- Uvas Wilderness’’. preclude the activity or use outside the (8) WHITETHORN WILDERNESS.—Certain land partment of Energy, to prescribe mili- boundary of the wilderness area. administered by the Bureau of Land Manage- tary personnel strengths for such fiscal (h) PARAGLIDING.—The use of paragliding ment in Don˜ a Ana and Luna counties com- year, and for other purposes; which was within areas of the Potrillo Mountains Wil- prising approximately 9,616 acres, as gen- derness designated by subsection (a)(5) in ordered to lie on the table; as follows: erally depicted on the map entitled ‘‘Potrillo which the use has been established before the At the end of title X, add the following: Mountains Complex’’ and dated April 19, date of enactment of this Act, shall be al- Subtitle J—Organ Mountains-Desert Peaks 2016, which shall be known as the lowed to continue in accordance with section ‘‘Whitethorn Wilderness’’. SEC. 1099A. DEFINITIONS. 4(d)(1) of the Wilderness Act (16 U.S.C. In this subtitle: (b) MAPS AND LEGAL DESCRIPTIONS.— 1133(d)(1)), subject to any terms and condi- (1) MONUMENT.—The term ‘‘Monument’’ (1) IN GENERAL.—As soon as practicable tions that the Secretary determines to be means the Organ Mountains-Desert Peaks after the date of enactment of this Act, the necessary. National Monument established by Presi- Secretary shall file maps and legal descrip- (i) CLIMATOLOGIC DATA COLLECTION.—Sub- dential Proclamation 9131 (79 Fed. Reg. tions of the wilderness areas with— ject to such terms and conditions as the Sec- 30431). (A) the Committee on Energy and Natural retary may prescribe, nothing in this sub- (2) SECRETARY.—The term ‘‘Secretary’’ Resources of the Senate; and title precludes the installation and mainte- means the Secretary of the Interior. (B) the Committee on Natural Resources of nance of hydrologic, meteorologic, or (3) STATE.—The term ‘‘State’’ means the the House of Representatives. climatologic collection devices in wilderness State of New Mexico. (2) FORCE OF LAW.—The maps and legal de- areas if the facilities and access to the facili- (4) WILDERNESS AREA.—The term ‘‘wilder- scriptions filed under paragraph (1) shall ties are essential to flood warning, flood con- ness area’’ means a wilderness area des- have the same force and effect as if included trol, or water reservoir operation activities. ignated by section 1099B(a). in this subtitle, except that the Secretary (j) FISH AND WILDLIFE.—Nothing in this SEC. 1099B. DESIGNATION OF WILDERNESS may correct errors in the maps and legal de- subtitle affects the jurisdiction of the State AREAS. scriptions. with respect to fish and wildlife located on (a) IN GENERAL.—In accordance with the (3) PUBLIC AVAILABILITY.—The maps and public land in the State, except that the Sec- Wilderness Act (16 U.S.C. 1131 et seq.), the legal descriptions filed under paragraph (1) retary, after consultation with the New Mex- following areas in the State are designated shall be on file and available for public in- ico Department of Game and Fish, may des- as wilderness and as components of the Na- spection in the appropriate offices of the Bu- ignate zones where, and establish periods tional Wilderness Preservation System: reau of Land Management. during which, no hunting or fishing shall be

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permitted for reasons of public safety, ad- (iii) RESERVATION.—On transfer under Management Act of 1976 (43 U.S.C. 1782(c)), ministration, or compliance with applicable clause (i), the parcel shall be reserved for the public land in Don˜ a Ana County adminis- law. management of the resources of, and mili- tered by the Bureau of Land Management (k) WITHDRAWALS.— tary training conducted on, the parcel in ac- not designated as wilderness by subsection (1) IN GENERAL.—Subject to valid existing cordance with a memorandum of under- (a)— rights, the Federal land within the wilder- standing entered into under subparagraph (1) has been adequately studied for wilder- ness areas and any land or interest in land (E). ness designation; that is acquired by the United States in the (E) MEMORANDUM OF UNDERSTANDING RE- (2) is no longer subject to section 603(c) of wilderness areas after the date of enactment LATING TO MILITARY TRAINING.— the Federal Land Policy and Management of this Act is withdrawn from— (i) IN GENERAL.—If, after the transfer of the Act of 1976 (43 U.S.C. 1782(c)); and (A) entry, appropriation, or disposal under parcel under subparagraph (D)(i), the Sec- (3) shall be managed in accordance with— the public land laws; retary of the Army requests that the Sec- (A) the Federal Land Policy and Manage- (B) location, entry, and patent under the retary enter into a memorandum of under- ment Act of 1976 (43 U.S.C. 1701 et seq.); mining laws; and standing, the Secretary shall enter into a (B) this subtitle; and (C) operation of the mineral leasing, min- memorandum of understanding with the Sec- (C) any other applicable laws. eral materials, and geothermal leasing laws. retary of the Army providing for the conduct SEC. 1099C. BORDER SECURITY. (2) PARCEL B.—The approximately 6,500 of military training on the parcel. acres of land generally depicted as ‘‘Parcel (ii) REQUIREMENTS.—The memorandum of (a) IN GENERAL.—Nothing in this subtitle— B’’ on the map entitled ‘‘Organ Mountains understanding entered into under clause (i) (1) prevents the Secretary of Homeland Se- Area’’ and dated April 19, 2016, is withdrawn shall— curity from undertaking law enforcement in accordance with paragraph (1), except that (I) address the location, frequency, and and border security activities, in accordance the land is not withdrawn for purposes of the type of training activities to be conducted on with section 4(c) of the Wilderness Act (16 issuance of oil and gas pipeline rights-of- the parcel; U.S.C. 1133(c)), within the wilderness areas, way. (II) provide to the Secretary of the Army including the ability to use motorized access (3) PARCEL C.—The approximately 1,300 access to the parcel for the conduct of mili- within a wilderness area while in pursuit of acres of land generally depicted as ‘‘Parcel tary training; a suspect; C’’ on the map entitled ‘‘Organ Mountains (III) authorize the Secretary or the Sec- (2) affects the 2006 Memorandum of Under- Area’’ and dated April 19, 2016, is withdrawn retary of the Army to close the parcel or a standing among the Department of Home- in accordance with paragraph (1), except that portion of the parcel to the public as the land Security, the Department of the Inte- the land is not withdrawn from disposal Secretary or the Secretary of the Army de- rior, and the Department of Agriculture re- under the Act of June 14, 1926 (commonly termines to be necessary to protect— garding cooperative national security and known as the ‘‘Recreation and Public Pur- (aa) public safety; or counterterrorism efforts on Federal land poses Act’’) (43 U.S.C. 869 et seq.). (bb) the safety of the military members along the borders of the United States; or (4) PARCEL D.— training; and (3) prevents the Secretary of Homeland Se- (A) IN GENERAL.—The Secretary of the (IV) to the maximum extent practicable, curity from conducting any low-level over- Army shall allow for the conduct of certain provide for the protection of natural, his- flights over the wilderness areas that may be recreational activities on the approximately toric, and cultural resources in the area of necessary for law enforcement and border se- 2,050 acres of land generally depicted as the parcel. curity purposes. ‘‘Parcel D’’ on the map entitled ‘‘Organ (F) MILITARY OVERFLIGHTS.—Nothing in (b) WITHDRAWAL AND ADMINISTRATION OF Mountains Area’’ and dated April 19, 2016 (re- this paragraph restricts or precludes— CERTAIN AREA.— ferred to in this paragraph as the ‘‘parcel’’), (i) low-level overflights of military aircraft (1) WITHDRAWAL.—The area identified as which is a portion of the public land with- over the parcel, including military over- ‘‘Parcel A’’ on the map entitled ‘‘Potrillo drawn and reserved for military purposes by flights that can be seen or heard within the Mountains Complex’’ and dated April 19, Public Land Order 833 dated May 21, 1952 (17 parcel; 2016, is withdrawn in accordance with section Fed. Reg. 4822). (ii) the designation of new units of special 1099B(k)(1). (B) OUTDOOR RECREATION PLAN.— airspace over the parcel; or (2) ADMINISTRATION.—Except as provided in (i) IN GENERAL.—The Secretary of the (iii) the use or establishment of military paragraphs (3) and (4), the Secretary shall Army shall develop a plan for public outdoor flight training routes over the parcel. administer the area described in paragraph recreation on the parcel that is consistent (l) POTENTIAL WILDERNESS AREA.— (1) in a manner that, to the maximum extent with the primary military mission of the (1) ROBLEDO MOUNTAINS POTENTIAL WILDER- practicable, protects the wilderness char- parcel. NESS AREA.— acter of the area. (ii) REQUIREMENT.—In developing the plan (A) IN GENERAL.—Certain land adminis- (3) USE OF MOTOR VEHICLES.—The use of under clause (i), the Secretary of the Army tered by the Bureau of Land Management, motor vehicles, motorized equipment, and shall ensure, to the maximum extent prac- comprising approximately 100 acres as gen- mechanical transport shall be prohibited in ticable, that outdoor recreation activities erally depicted as ‘‘Potential Wilderness’’ on the area described in paragraph (1) except as may be conducted on the parcel, including, the map entitled ‘‘Desert Peaks Complex’’ necessary for— hunting, hiking, wildlife viewing, and camp- and dated April 19, 2016, is designated as a (A) the administration of the area (includ- ing. potential wilderness area. ing the conduct of law enforcement and bor- (C) CLOSURES.—The Secretary of the Army (B) USES.—The Secretary shall permit only der security activities in the area); or may close the parcel or any portion of the such uses on the land described in subpara- (B) grazing uses by authorized permittees. parcel to the public as the Secretary of the graph (A) that were permitted on the date of (4) EFFECT OF SUBSECTION.—Nothing in this Army determines to be necessary to pro- enactment of this Act. subsection precludes the Secretary from al- tect— (C) DESIGNATION AS WILDERNESS.— lowing within the area described in para- (i) public safety; or (i) IN GENERAL.—On the date on which the graph (1) the installation and maintenance of (ii) the safety of the military members Secretary publishes in the Federal Register communication or surveillance infrastruc- training on the parcel. the notice described in clause (ii), the poten- ture necessary for law enforcement or border (D) TRANSFER OF ADMINISTRATIVE JURISDIC- tial wilderness area designated under sub- security activities. TION; WITHDRAWAL.— paragraph (A) shall be— (c) RESTRICTED ROUTE.—The route ex- (i) IN GENERAL.—On a determination by the (I) designated as wilderness and as a com- cluded from the Potrillo Mountains Wilder- Secretary of the Army that military train- ponent of the National Wilderness Preserva- ness identified as ‘‘Restricted—Administra- ing capabilities, personnel safety, and instal- tion System; and tive Access’’ on the map entitled ‘‘Potrillo lation security would not be hindered as a (II) incorporated into the Robledo Moun- Mountains Complex’’ and dated April 19, result of the transfer to the Secretary of ad- tains Wilderness designated by subsection 2016, shall be— ministrative jurisdiction over the parcel, the (a)(6). (1) closed to public access; but Secretary of the Army shall transfer to the (ii) NOTICE.—The notice referred to in (2) available for administrative and law en- Secretary administrative jurisdiction over clause (i) is notice that— forcement uses, including border security ac- the parcel. (I) the communications site within the po- tivities. (ii) WITHDRAWAL.—On transfer of the parcel tential wilderness area designated under sub- under clause (i), the parcel shall be— paragraph (A) is no longer used; SEC. 1099D. ORGAN MOUNTAINS-DESERT PEAKS NATIONAL MONUMENT. (I) under the jurisdiction of the Director of (II) the associated right-of-way is relin- the Bureau of Land Management; and quished or not renewed; and (a) MANAGEMENT PLAN.—In preparing and (II) withdrawn from— (III) the conditions in the potential wilder- implementing the management plan for the (aa) entry, appropriation, or disposal under ness area designated by subparagraph (A) are Monument, the Secretary shall include a wa- the public land laws; compatible with the Wilderness Act (16 tershed health assessment to identify oppor- (bb) location, entry, and patent under the U.S.C. 1131 et seq.). tunities for watershed restoration. mining laws; and (m) RELEASE OF WILDERNESS STUDY (b) INCORPORATION OF ACQUIRED STATE (cc) operation of the mineral leasing, min- AREAS.—Congress finds that, for purposes of TRUST LAND AND INTERESTS IN STATE TRUST eral materials, and geothermal leasing laws. section 603(c) of the Federal Land Policy and LAND.—

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(1) IN GENERAL.—Any land or interest in the Federal Land Policy and Management SEC. 1097. INTERNATIONAL INFRASTRUCTURE land that is within the State trust land de- Act of 1976 (43 U.S.C. 1716(b)); or SIMULATION AND ANALYSIS CEN- scribed in paragraph (2) that is acquired by (II) reducing the acreage of the Bureau of TER. the United States shall— Land Management land or State trust land (a) ESTABLISHMENT.—Using existing funds, (A) become part of the Monument; and to be exchanged, as appropriate. the Secretary of Defense shall work in con- (B) be managed in accordance with— (ii) CASH EQUALIZATION PAYMENTS.—Any sultation with the Secretary of Energy and (i) Presidential Proclamation 9131 (79 Fed. cash equalization payments received by the the Secretary of State to develop an Inter- Reg. 30431); and Secretary under clause (i)(I) shall be— national Infrastructure Simulation and (ii) any other applicable laws. (I) deposited in the Federal Land Disposal Analysis Center. (2) DESCRIPTION OF STATE TRUST LAND.—The Account established by section 206(a) of the (b) PURPOSE.—The International Infra- State trust land referred to in paragraph (1) Federal Land Transaction Facilitation Act structure Simulation and Analysis Center is the State trust land in T. 22 S., R 01 W., (43 U.S.C. 2305(a)); and shall serves as the focal point for gathering, New Mexico Principal Meridian and T. 22 S., (II) used in accordance with that Act. analyzing, and disseminating information to R. 02 W., New Mexico Principal Meridian. (6) LIMITATION.—No exchange of land shall the Department of Defense, Secretary of State, the Department of Energy, and Na- (c) LAND EXCHANGES.— be conducted under this subsection unless tional Security Council for the purposes of— (1) IN GENERAL.—Subject to paragraphs (3) mutually agreed to by the Secretary and the (1) providing advanced modeling, simula- through (6), the Secretary shall attempt to State. tion, and analysis capabilities to analyze enter into an agreement to initiate an ex- critical infrastructure interdependencies, change under section 2201.1 of title 43, Code SA 4331. Mr. UDALL (for himself and vulnerabilities, and complexities outside the of Federal Regulations (or successor regula- Mr. LEE) submitted an amendment in- United States; tions), with the Commissioner of Public tended to be proposed by him to the (2) providing analysis and data to policy Lands of New Mexico, by the date that is 18 bill S. 2943, to authorize appropriations makers and decision makers to aid in the months after the date of enactment of this for fiscal year 2017 for military activi- prevention or response to humanitarian or Act, to provide for a conveyance to the State ties of the Department of Defense, for other threats outside the United States; and of all right, title, and interest of the United military construction, and for defense (3) providing strategic, multidisciplinary States in and to Bureau of Land Manage- activities of the Department of Energy, analyses of infrastructure interdependencies ment land in the State identified under para- to prescribe military personnel and the consequences of infrastructure dis- graph (2) in exchange for the conveyance by ruptions across multiple infrastructure sec- the State to the Secretary of all right, title, strengths for such fiscal year, and for tors outside the United States. and interest of the State in and to parcels of other purposes; which was ordered to (c) USE OF EXISTING FACILITIES.—The Inter- State trust land within the boundary of the lie on the table; as follows: national Infrastructure Simulation and Monument identified under that paragraph At the end of section 1221, add the fol- Analysis Center shall utilize existing Depart- or described in subsection (b)(2). lowing: ment of Defense or Department of Energy fa- (2) IDENTIFICATION OF LAND FOR EX- (c) LIMITATION ON USE OF FUNDS FOR LE- cilities. CHANGE.—The Secretary and the Commis- THAL ARMS FOR THE VETTED SYRIAN OPPOSI- (d) CAPABILITIES.—The Center should in- sioner of Public Lands of New Mexico shall TION.— clude the following capabilities: jointly identify the Bureau of Land Manage- (1) LIMITATION.—Amounts authorized to be (1) Process-based systems dynamic models. ment land and State trust and eligible for appropriated by this Act may not be ex- (2) Mathematical network optimization exchange under this subsection, the exact pended for procuring or transferring lethal models. acreage and legal description of which shall arms to the vetted Syrian opposition until (3) Physics-based models of existing infra- be determined by surveys approved by the the Secretary of Defense determines, and structure. Secretary and the New Mexico State Land certifies in writing, that such arms are not (4) High fidelity, agent-based simulations Office. being transferred to individuals or groups of systems. (3) APPLICABLE LAW.—A land exchange who are allied, working with, or otherwise (5) Other systems capabilities as deemed under paragraph (1) shall be carried out in associated with Al Qaeda and its affiliates, necessary by the Secretary of Defense to ful- accordance with section 206 of the Federal Al Nusrah, the Islamic State of Iraq and the fil the mission needs of the Department of Land Policy and Management Act of 1976 (43 Levant (ISIL), or other terrorists groups Defense. U.S.C. 1716). identified by the United States Government. (2) CONSULTATION IN DETERMINATION.—In (4) CONDITIONS.—A land exchange under Mr. UDALL submitted an paragraph (1) shall be subject to— making a determination for purposes of SA 4333. (A) valid existing rights; and paragraph (1), the Secretary of Defense shall amendment intended to be proposed by (B) such terms as the Secretary and the consult with the Secretary of State, the Di- him to the bill S. 2943, to authorize ap- State shall establish. rector of National Intelligence, and the ele- propriations for fiscal year 2017 for (5) VALUATION, APPRAISALS, AND EQUALI- ments of the intelligence community. military activities of the Department ZATION.— (3) WAIVER AUTHORITY.—The President may of Defense, for military construction, (A) IN GENERAL.—The value of the Bureau waive the limitation in paragraph (1) with and for defense activities of the De- of Land Management land and the State respect to the procurement or transfer of le- partment of Energy, to prescribe mili- thal arms if the President determines that trust land to be conveyed in a land exchange tary personnel strengths for such fiscal under this subsection— the transfer of such arms is in the national (i) shall be equal, as determined by ap- security interests of the United States. year, and for other purposes; which was praisals conducted in accordance with sub- (4) PROVISION TO CONGRESS.—The President ordered to lie on the table; as follows: paragraph (B); or shall provide each waiver under paragraph At the end of subtitle I of title X, add the (ii) if not equal, shall be equalized in ac- (3), and an unclassified summary thereof, following: cordance with subparagraph (C). to— SEC. 1097. RESEARCH ON IMPACT OF OPEN BURN (B) APPRAISALS.— (A) the Committee on Armed Services, the PITS ON MEMBERS OF THE ARMED (i) IN GENERAL.—The Bureau of Land Man- Committee on Foreign Relations, and the FORCES AND VETERANS. agement land and State trust land to be ex- Committee on Appropriations of the Senate; (a) ESTABLISHMENT OF RESEARCH NET- changed under this subsection shall be ap- and WORK.— praised by an independent, qualified ap- (B) the Committee on Armed Services, the (1) IN GENERAL.—The Secretary of Veterans praiser that is agreed to by the Secretary Committee on Foreign Affairs, and the Com- Affairs shall establish a research network in and the State. mittee on Appropriations of the House of which public and private entities assist the (ii) REQUIREMENTS.—An appraisal under Representatives. Secretary in conducting research on— clause (i) shall be conducted in accordance (A) the impact on the health of members of with— SA 4332. Mr. UDALL submitted an the Armed Forces and veterans of exposure (I) the Uniform Appraisal Standards for amendment intended to be proposed by by such members and veterans to open burn Federal Land Acquisitions; and him to the bill S. 2943, to authorize ap- pits in Iraq and Afghanistan; and (II) the Uniform Standards of Professional propriations for fiscal year 2017 for (B) treatment for health conditions related Appraisal Practice. military activities of the Department to such exposure. (C) EQUALIZATION.— of Defense, for military construction, (2) RESEARCH CONDUCTED.—The research (i) IN GENERAL.—If the value of the Bureau and for defense activities of the De- conducted pursuant to this section shall in- of Land Management land and the State partment of Energy, to prescribe mili- clude the following: trust land to be conveyed in a land exchange (A) Scientific studies that advance knowl- under this subsection is not equal, the value tary personnel strengths for such fiscal edge of the diagnosis and treatment of may be equalized by— year, and for other purposes; which was health conditions among members of the (I) making a cash equalization payment to ordered to lie on the table; as follows: Armed Forces and veterans associated with the Secretary or to the State, as appro- At the end of subtitle I of title X, add the exposure of such members and veterans to priate, in accordance with section 206(b) of following: toxic chemicals that are known or likely to

VerDate Sep 11 2014 05:19 May 27, 2016 Jkt 059060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.056 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3335 be present in smoke from open burn pits used tion 201(c) of the Dignified Burial and Other scribed in section 740.19(b) of title 15, Code of in Afghanistan and Iraq after September 11, Veterans’ Benefits Improvement Act of 2012 Federal Regulations (or any successor regu- 2001. (Public Law 112–260; 38 U.S.C. 527 note). lation). (B) Research on the impact of exposure of (4) OPEN BURN PIT REGISTRY.—The term (2) PERSON SUBJECT TO THE JURISDICTION OF individuals to open burn pits from the fol- ‘‘open burn pit registry’’ means the registry THE UNITED STATES.—The term ‘‘person sub- lowing fields: established by the Department of Veterans ject to the jurisdiction of the United States’’ (i) Environmental medicine. Affairs under section 201(a) of the Dignified means— (ii) Occupational medicine. Burial and Other Veterans’ Benefits Im- (A) any individual, wherever located, who (iii) Inhalation toxicology. provement Act of 2012. is a citizen or resident of the United States; (C) Research on the feasibility and advis- (B) any person located in the United ability of using complementary and alter- SA 4334. Mr. UDALL submitted an States; native medicine to treat members of the amendment intended to be proposed by (C) any corporation, partnership, associa- Armed Forces and veterans for health condi- him to the bill S. 2943, to authorize ap- tion, or other organization organized under tions arising from exposure to open burn propriations for fiscal year 2017 for the laws of the United States or of any pits. military activities of the Department State, territory, possession, or district of the (3) USE OF RESEARCH.—The Secretary shall United States; and use research conducted pursuant to this sec- of Defense, for military construction, and for defense activities of the De- (D) any corporation, partnership, associa- tion as follows: tion, or other organization, wherever orga- (A) To assist in developing best practices partment of Energy, to prescribe mili- nized or doing business, that is owned or con- for treatment of health conditions caused by tary personnel strengths for such fiscal trolled by a person described in subpara- exposure of members of the Armed Forces or year, and for other purposes; which was graph (A), (B), or (C). veterans to open burn pits. ordered to lie on the table; as follows: (3) TELECOMMUNICATIONS SERVICES.—The (B) To assist in determining a disability At the end of title XII, add the following: term ‘‘telecommunications services’’ in- rating for any veteran filing a claim for ben- Subtitle I—Matters Relating to Cuba cludes— efits under the laws administered by the Sec- (A) data, telephone, telegraph, Internet retary based on the exposure of the veteran SEC. 1281. SHORT TITLE. connectivity, radio, television, news wire to an open burn pit while serving as a mem- This subtitle may be cited as the ‘‘Cuba feeds, and similar services, regardless of the ber of the Armed Forces. Digital and Telecommunications Advance- medium of transmission and including trans- (b) AVAILABILITY OF INFORMATION.— ment Act of 2016’’ or the ‘‘Cuba DATA Act’’. mission by satellite; (1) IN GENERAL.—The Secretary shall make SEC. 1282. EXPORTATION OF CONSUMER COMMU- (B) services incident to the exchange of available to eligible entities described in NICATION DEVICES AND TELE- communications over the Internet; COMMUNICATIONS SERVICES TO paragraph (2) the information contained in (C) domain name registration services; and the open burn pit registry for purposes of CUBA. (a) IN GENERAL.—Notwithstanding any (D) services that are related to consumer conducting research described in subsection other provision of law, the President may communication devices and other tele- (a)(2). permit any person subject to the jurisdiction communications equipment to install, re- (2) ELIGIBLE ENTITIES DESCRIBED.—An eligi- of the United States— pair, or replace such devices and equipment. ble entity described in this paragraph is any (1) to export consumer communication de- private research institution or medical re- SEC. 1283. REPEAL OF CERTAIN AUTHORITIES vices and other telecommunications equip- search center of an institution of higher edu- PREVENTING FINANCING AND MAR- ment to Cuba; KET REFORM FOR CUBA. cation that— (2) to provide telecommunications services (A) is dedicated to the conduct of research (a) CUBAN DEMOCRACY ACT.— involving Cuba or persons in Cuba; on health conditions caused by exposure to (1) IN GENERAL.—Section 1704 of the Cuban (3) to establish facilities to provide tele- air pollutants; and Democracy Act of 1992 (22 U.S.C. 6003) is re- communications services connecting Cuba (B) is licensed and accredited under all ap- pealed. with another country or to provide tele- plicable Federal, State, and local laws to (2) CONFORMING AMENDMENTS.—Section 204 communications services in Cuba; conduct research described in subsection of the Cuban Liberty and Democratic Soli- (4) to conduct any transaction incident to (a)(2). darity (LIBERTAD) Act of 1996 (22 U.S.C. carrying out an activity described in any of (3) SUBMITTAL OF RESEARCH.—Any eligible 6064) is amended— paragraphs (1) through (3); and entity that conducts research described in (A) in subsection (b), by amending para- (5) to enter into, perform, and make and subsection (a)(2) using information from the graph (3) to read as follows: receive payments under a contract with any open burn pit registry shall submit such re- ‘‘(3) sections 1705(d) and 1706 of the Cuban individual or entity in Cuba with respect to search to the Secretary for inclusion in the Democracy Act of 1992 (22 U.S.C. 6004(d) and the provision of telecommunications services database established under subsection (c). 6005);’’; and involving Cuba or persons in Cuba. (c) ESTABLISHMENT OF DATABASE.—The (B) in subsection (d), by amending para- Secretary shall publish on an Internet data- (b) REPORT.—Not later than 180 days after the date of the enactment of this Act, and graph (3) to read as follows: base of the Department available to the pub- ‘‘(3) sections 1705(d) and 1706 of the Cuban lic all research described in subsection (a)(2) not less frequently than annually thereafter for 4 years, the President shall submit to the Democracy Act of 1992 (22 U.S.C. 6004(d) and that is submitted to the Secretary pursuant 6005) are repealed; and’’. to this section to allow peer review and anal- Committee on Foreign Relations and the ysis of such research from the public. Committee on Appropriations of the Senate (b) CUBAN LIBERTY AND DEMOCRATIC SOLI- (d) PRIVACY.—Any medical or other per- and the Committee on Foreign Affairs and DARITY ACT.— sonal information obtained by the Depart- the Committee on Appropriations of the (1) IN GENERAL.—Sections 102, 103, 104, 105, ment under this section or by an entity con- House of Representatives a report on— and 108 of the Cuban Liberty and Democratic ducting research under this section shall be (1) the percentage of individuals in Cuba Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. protected from disclosure or misuse in ac- who are able to access the Internet and the 6032, 6033, 6034, 6035, and 6038) are repealed. cordance with the laws on privacy applicable infrastructure that would be needed in Cuba (2) CONFORMING AMENDMENT.—Section to such information. to reach the goal of increasing that percent- 109(a) of the Cuban Liberty and Democratic (e) DEFINITIONS.—In this section: age to 50 percent by 2020; Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. (1) COMPLEMENTARY AND ALTERNATIVE MED- (2) the ability of individuals in Cuba, in- 6039(a)) is amended by striking ‘‘(including ICINE.—The term ‘‘complementary and alter- cluding foreign tourists, to access data section 102 of this Act)’’. native medicine’’ shall have the meaning through the use of cell phones and the infra- given that term in regulations the Secretary structure that would be needed to bring the shall prescribe for purposes of this section capability to access that data to rural and SA 4335. Mrs. MURRAY submitted an and shall— urban population centers in Cuba; amendment intended to be proposed by (A) to the degree practicable, be consistent (3) the impact of access to telecommuni- her to the bill S. 2943, to authorize ap- with the meaning given such term by the cations technology on the development of Secretary of Health and Human Services; new businesses, co-ops, and educational op- propriations for fiscal year 2017 for and portunities in Cuba; and military activities of the Department (B) include medicine or treatment that is a (4) the impact of the telecommunications of Defense, for military construction, cultural tradition of members of Indian equipment and telecommunications services and for defense activities of the De- tribes and Native Hawaiians. provided under this section on advancing the partment of Energy, to prescribe mili- (2) INDIAN TRIBE DEFINED.—The term ‘‘In- human rights objectives of the United States dian tribe’’ has the meaning given that term and how such equipment and services are tary personnel strengths for such fiscal in section 4 of the Indian Self-Determination being used to advance those objectives. year, and for other purposes; which was and Education Assistance Act (25 U.S.C. (c) DEFINITIONS.—In this section: ordered to lie on the table; as follows: 450b). (1) CONSUMER COMMUNICATION DEVICES.— (3) OPEN BURN PIT.—The term ‘‘open burn The term ‘‘consumer communication de- At the end of subtitle E of title VI, add the pit’’ has the meaning given that term in sec- vices’’ means commodities and software de- following:

VerDate Sep 11 2014 05:19 May 27, 2016 Jkt 059060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.057 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3336 CONGRESSIONAL RECORD — SENATE May 26, 2016 SEC. 663. COMMISSARY, EXCHANGE, AND MO- (D) An evaluation of the compliance by (B) soliciting an individual to provide con- RALE, WELFARE, AND RECREATION Army Human Resources Command with the tact information to an institution of higher BENEFITS FOR CERTAIN SAME-SEX requirements of subsection (a). education, including Internet websites estab- SURVIVING SPOUSES OF MEMBERS (E) An evaluation of the compliance by AND FORMER MEMBERS OF THE lished for such purpose and funds paid to UNIFORMED SERVICES. Army Human Resources Command with poli- third parties for such purpose. (a) IN GENERAL.—A qualifying same-sex cies in place before the date of the enact- (3) Such other activities as the Secretary surviving spouse of a member or former ment of this Act with respect to the equi- of Defense may prescribe, including paying member of the uniformed services is entitled table treatment of same-sex spouses, widows, for promotion or sponsorship of education or to commissary, exchange, and morale, wel- and widowers in eligibility for benefits as military-related associations. fare, and recreation privilege benefits, and current or former military dependents. (c) EXCEPTIONS.—Any activity that is re- shall be issued a Department of Defense (F) Recommendations for actions to cor- quired as a condition of receipt of funds by Identification Card for purposes of receipt of rect any noncompliance identified pursuant an institution under title IV of the Higher such benefits, to the same extent, and on the to subparagraphs (D) and (E). Education Act of 1965 (20 U.S.C. 1070 et seq.), same basis, as the surviving spouse of a re- (G) Recommendations for actions to ensure is specifically authorized under such title, or tired member of the uniformed services who that individuals described in subparagraph is otherwise specified by the Secretary of is not a qualifying same-sex surviving spouse (A) who were inappropriately denied benefits Education, shall not be considered to be a but is entitled to such benefits. described in paragraph (3) are notified and covered activity under subsection (b). (b) QUALIFYING SAME-SEX SURVIVING assisted in receiving such benefits. (d) DEPARTMENT OF DEFENSE EDUCATIONAL SPOUSE.—For purposes of this section, an in- (H) Any other matters the Comptroller ASSISTANCE FUNDS DEFINED.—In this section, dividual is a qualifying same-sex surviving General considers appropriate. the term ‘‘Department of Defense edu- spouse of a member or former member of the (3) BENEFITS.—The benefits described in cational assistance funds’’ means funds pro- uniformed services if the individual is the this paragraph are as follows: vided directly to an institution or to a stu- same-sex surviving spouse of any member of (A) Commissary, exchange and morale, dent attending such institution under any of the uniformed services as follows: welfare and recreation privileges and bene- the following provisions of law: (1) A member who died while on active fits. (1) Chapter 101, 105, 106A, 1606, 1607, or 1608 duty. (B) Health care, including medical, dental, of title 10, United States Code. (2) A member who was awarded the medal and pharmacy services. (2) Section 1784a, 2005, or 2007 of such title. of honor. (C) Education benefits. (e) RULE OF CONSTRUCTION.—Nothing in (3) A former member who was a veteran (D) Life Insurance. this section shall be construed as a limita- with a service-connected disability or com- (E) On-installation housing. tion on the use by an institution of revenues bination of disabilities rated as 100 percent derived from sources other than Department disabling under the schedule of ratings of SA 4336. Mr. BROWN submitted an of Defense educational assistance funds. disabilities of the Department of Veterans amendment intended to be proposed by (f) REPORTS.—As a condition on the receipt Affairs. him to the bill S. 2943, to authorize ap- of Department of Defense educational assist- (4) A retired member. propriations for fiscal year 2017 for ance funds, each institution of higher edu- (c) DOCUMENTATION.—An individual seeking military activities of the Department cation, or other postsecondary educational to be treated as a qualifying same-sex sur- of Defense, for military construction, institution, that derives revenues from De- viving spouse under subsection (a) shall sub- and for defense activities of the De- partment of Defense educational assistance mit to the Secretary of Defense documenta- funds shall submit to the Secretary of De- tion to establish the status of the individual partment of Energy, to prescribe mili- tary personnel strengths for such fiscal fense and to Congress each year a report that under subsection (b) as the Secretary shall includes the following: specify for purposes of this section. Such year, and for other purposes; which was (1) The institution’s expenditures on adver- documentation shall include the following: ordered to lie on the table; as follows: tising, marketing, and recruiting. (1) To establish former marital status, any At the end of subtitle F of title X, add the (2) A verification from an independent one of the following: following: auditor that the institution is in compliance (A) A marriage certificate. SEC. 1059. PROHIBITION ON USE BY EDU- with the requirements of this subsection. (B) A certification of domestic partnership. CATIONAL INSTITUTIONS OF REVE- (3) A certification from the institution (C) A death certificate for the member con- NUES DERIVED FROM EDUCATIONAL that the institution is in compliance with cerned. ASSISTANCE FURNISHED UNDER the requirements of this subsection. (D) An affidavit by a judge advocate certi- LAWS ADMINISTERED BY SEC- fying a common-law marriage. RETARY OF DEFENSE FOR ADVER- TISING, MARKETING, OR RECRUIT- SA 4337. Mr. BOOKER (for himself, (E) Any other documentation the Sec- ING. Mr. JOHNSON, Ms. BALDWIN, Mrs. retary considers appropriate. (a) IN GENERAL.—As a condition on the re- ERNST, Mr. BROWN, Mr. PORTMAN, and (2) To establish identity, one of the fol- ceipt of Department of Defense educational Mr. PETERS) submitted an amendment lowing: assistance funds, an institution of higher (A) An identification card issued by the education, or other postsecondary edu- intended to be proposed by him to the Federal Government. cational institution, may not use revenues bill S. 2943, to authorize appropriations (B) A driver’s license issued by a State. derived from Department of Defense edu- for fiscal year 2017 for military activi- (C) A birth certificate. cational assistance funds for advertising, re- ties of the Department of Defense, for (D) Any other documentation the Sec- cruiting, or marketing activities described military construction, and for defense retary considers appropriate. in subsection (b). activities of the Department of Energy, (d) COMPTROLLER GENERAL REPORT.— (b) COVERED ACTIVITIES.—Except as pro- (1) IN GENERAL.—Not later than one year vided in subsection (c), the advertising, re- to prescribe military personnel after the date of the enactment of this Act, cruiting, and marketing activities subject to strengths for such fiscal year, and for the Comptroller General of the United States subsection (a) shall include the following: other purposes; which was ordered to shall submit to Congress a report on extent (1) Advertising and promotion activities, lie on the table; as follows: of the inclusion by the Department of De- including paid announcements in news- At the end of title X, add the following: fense of same-sex spouses and same-sex wid- papers, magazines, radio, television, bill- Subtitle J—Fair Chance Act ows and widowers in the benefits provided by boards, electronic media, naming rights, or the Department to spouses and surviving any other public medium of communication, SEC. 1097. SHORT TITLE. spouses in their status as current or former including paying for displays or promotions This subtitle may be cited as the ‘‘Fair military dependents (as applicable). at job fairs, military installations, or college Chance to Compete for Jobs Act of 2016’’ or (2) ELEMENTS.—The report required by recruiting events. the ‘‘Fair Chance Act’’. paragraph (1) shall set forth the following: (2) Efforts to identify and attract prospec- SEC. 1098. PROHIBITION ON CRIMINAL HISTORY (A) The number of same-sex spouses, wid- tive students, either directly or through a INQUIRIES PRIOR TO CONDITIONAL ows, and widowers who are eligible for bene- contractor or other third party, including OFFER FOR FEDERAL EMPLOYMENT. fits described in paragraph (3) as current or contact concerning a prospective student’s (a) IN GENERAL.—Subpart H of part III of former military dependents. potential enrollment or application for title 5, United States Code, is amended by (B) The number of individuals described in grant, loan, or work assistance under title adding at the end the following: subparagraph (A) who are receiving benefits IV of the Higher Education Act of 1965 (20 ‘‘CHAPTER 92—PROHIBITION ON CRIMI- for which they are eligible. U.S.C. 1070 et seq.) or participation in NAL HISTORY INQUIRIES PRIOR TO (C) An analysis, including a complete file preadmission or advising activities, includ- CONDITIONAL OFFER review of a representative sample of military ing— ‘‘Sec. personnel files, identifying policy or proce- (A) paying employees responsible for over- ‘‘9201. Definitions. dural barriers that prevent same-sex mili- seeing enrollment and for contacting poten- ‘‘9202. Limitations on requests for criminal tary spouses, widows, and widowers from re- tial students in-person, by phone, by email, history record information. ceiving benefits as current or former mili- or by other internet communications regard- ‘‘9203. Agency policies; whistleblower com- tary dependents. ing enrollment; and plaint procedures.

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‘‘9204. Adverse action. ‘‘(B) COMPLIANCE WITH CIVIL RIGHTS LAWS.— ‘‘(1) authorize any officer or employee of ‘‘9205. Procedures. The regulations issued under subparagraph an agency to request the disclosure of infor- ‘‘9206. Rules of construction. (A) shall— mation described under subparagraphs (B) ‘‘§ 9201. Definitions ‘‘(i) be consistent with, and in no way su- and (C) of section 9201(4); ‘‘In this chapter— persede, restrict, or limit the application of ‘‘(2) create a private right of action for any ‘‘(1) the term ‘agency’ means ‘Executive title VII of the Civil Rights Act of 1964 (42 person; or agency’ as such term is defined in section 105 U.S.C. 2000e et seq.) or other relevant Fed- ‘‘(3) prohibit an agency from procuring a and includes— eral civil rights laws; and consumer report (as defined in section 603 of ‘‘(A) the United States Postal Service and ‘‘(ii) ensure that all hiring activities con- the Fair Credit Reporting Act (15 U.S.C. the Postal Regulatory Commission; and ducted pursuant to the regulations are con- 1681a)) furnished by a consumer reporting ‘‘(B) the Executive Office of the President; ducted in a manner consistent with relevant agency (as defined in such section 603) in ac- ‘‘(2) the term ‘appointing authority’ means Federal civil rights laws. cordance with that Act.’’. an employee in the executive branch of the ‘‘§ 9203. Agency policies; complaint proce- (b) REGULATIONS; EFFECTIVE DATE.— Government of the United States that has dures (1) REGULATIONS.—Not later than 1 year authority to make appointments to positions ‘‘The Director of the Office of Personnel after the date of enactment of this Act, the in the civil service; Management shall— Director of the Office of Personnel Manage- ‘‘(3) the term ‘conditional offer’ means an ‘‘(1) develop, implement, and publish a pol- ment shall issue such regulations as are nec- offer of employment in a position in the civil icy to assist employees of agencies in com- essary to carry out chapter 92 of title 5, service that is conditioned upon the results plying with section 9202 and the regulations United States Code (as added by this sub- of a criminal history inquiry; issued pursuant to such section; and title). ‘‘(4) the term ‘criminal history record in- ‘‘(2) establish and publish procedures under (2) EFFECTIVE DATE.—Section 9202 of title 5, formation’— which an applicant for an appointment to a United States Code (as added by this sub- ‘‘(A) except as provided in subparagraph position in the civil service may submit a title), shall take effect on the date that is 2 (B), has the meaning given the term in sec- complaint, or any other information, relat- years after the date of enactment of this tion 9101(a); ing to compliance by an employee of an Act. ‘‘(B) includes any information described in agency with section 9202. (c) TECHNICAL AND CONFORMING AMEND- the first sentence of section 9101(a)(2) that ‘‘§ 9204. Adverse action MENT.—The table of chapters for part III of has been sealed or expunged pursuant to law, title 5, United States Code, is amended by in- ‘‘(a) FIRST VIOLATION.—If the Director of regardless of whether the information is ac- serting after the item relating to chapter 91 the Office of Personnel Management deter- cessible by State and local criminal justice the following: agencies for the purpose of conducting back- mines, after notice and an opportunity for a ‘‘92. Prohibition on criminal history ground checks; and hearing on the record, that an employee of inquiries prior to conditional ‘‘(C) includes information collected by a an agency has violated section 9202, the Di- offer ...... 9201’’. criminal justice agency, relating to an act or rector shall— alleged act of juvenile delinquency, that is ‘‘(1) issue to the employee a written warn- (d) APPLICATION TO LEGISLATIVE BRANCH.— analogous to criminal history record infor- ing that includes a description of the viola- (1) IN GENERAL.—The Congressional Ac- mation (including such information that has tion and the additional penalties that may countability Act of 1995 (2 U.S.C. 1301 et seq.) been sealed or expunged pursuant to law); apply for subsequent violations; and is amended— and ‘‘(2) file such warning in the employee’s of- (A) in section 102(a) (2 U.S.C. 1302(a)), by ‘‘(5) the term ‘suspension’ has the meaning ficial personnel record file. adding at the end the following: ‘‘(b) SUBSEQUENT VIOLATIONS.—If the Direc- given the term in section 7501. ‘‘(12) Section 9202 of title 5, United States tor of the Office of Personnel Management Code.’’; ‘‘§ 9202. Limitations on requests for criminal determines, after notice and an opportunity (B) by redesignating section 207 (2 U.S.C. history record information for a hearing on the record, that an em- 1317) as section 208; and ‘‘(a) INQUIRIES PRIOR TO CONDITIONAL ployee that was subject to subsection (a) has (C) by inserting after section 206 (2 U.S.C. OFFER.—Except as provided in subsections committed a subsequent violation of section 1316) the following new section: (b) and (c), an employee of an agency may 9202, the Director may take the following ac- not request, in oral or written form (includ- ‘‘SEC. 207. RIGHTS AND PROTECTIONS RELATING tion: TO CRIMINAL HISTORY INQUIRIES. ing through the Declaration for Federal Em- ‘‘(1) For a second violation, suspension of ployment (Office of Personnel Management ‘‘(a) DEFINITIONS.—In this section, the the employee for a period of not more than terms ‘agency’, ‘criminal history record in- Optional Form 306), or any similar successor 7 days. form), including through the USAJOBS formation’, and ‘suspension’ have the mean- ‘‘(2) For a third violation, suspension of ings given the terms in section 9201 of title Internet Web site or any other electronic the employee for a period of more than 7 means, that an applicant for an appointment 5, United States Code, except as otherwise days. modified by this section. to a position in the civil service disclose ‘‘(3) For a fourth violation— ‘‘(b) RESTRICTIONS ON CRIMINAL HISTORY IN- criminal history record information regard- ‘‘(A) suspension of the employee for a pe- QUIRIES.— ing the applicant before the appointing au- riod of more than 7 days; and ‘‘(1) IN GENERAL.— thority extends a conditional offer to the ap- ‘‘(B) a civil penalty against the employee ‘‘(A) IN GENERAL.—Except as provided in plicant. in an amount that is not more than $250. subparagraph (B), an employee of an employ- ‘‘(b) OTHERWISE REQUIRED BY LAW.—The ‘‘(4) For a fifth violation— ing office may not request that an applicant prohibition under subsection (a) shall not ‘‘(A) suspension of the employee for a pe- for employment as a covered employee dis- apply with respect to an applicant for a posi- riod of more than 7 days; and close criminal history record information if tion in the civil service if consideration of ‘‘(B) a civil penalty against the employee the request would be prohibited under sec- criminal history record information prior to in an amount that is not more than $500. tion 9202 of title 5, United States Code, if a conditional offer with respect to the posi- ‘‘(5) For any subsequent violation— made by an employee of an agency. tion is otherwise required by law. ‘‘(A) suspension of the employee for a pe- ‘‘(B) CONDITIONAL OFFER.—For purposes of ‘‘(c) EXCEPTION FOR CERTAIN POSITIONS.— riod of more than 7 days; and applying that section 9202 under subpara- ‘‘(1) IN GENERAL.—The prohibition under ‘‘(B) a civil penalty against the employee graph (A), a reference in that section 9202 to subsection (a) shall not apply with respect to in an amount that is not more than $1,000. an applicant for an appointment to a posi- a conditional offer shall be considered to be tion— ‘‘§ 9205. Procedures an offer of employment as a covered em- ‘‘(A) that requires a determination of eligi- ‘‘(a) APPEALS.—The Director of the Office ployee that is conditioned upon the results bility described in clause (i), (ii), or (iii) of of Personnel Management shall by rule es- of a criminal history inquiry. section 9101(b)(1)(A); tablish procedures providing for an appeal ‘‘(2) RULES OF CONSTRUCTION.—The provi- ‘‘(B) as a Federal law enforcement officer from any adverse action taken under section sions of section 9206 of title 5, United States (as defined in section 115(c) of title 18); or 9204 by not later than 30 days after the date Code, shall apply to employing offices, con- ‘‘(C) identified by the Director of the Office of the action. sistent with regulations issued under sub- of Personnel Management in the regulations ‘‘(b) APPLICABILITY OF OTHER LAWS.—An section (d). issued under paragraph (2). adverse action taken under section 9204 (in- ‘‘(c) REMEDY.— ‘‘(2) REGULATIONS.— cluding a determination in an appeal from ‘‘(1) IN GENERAL.—The remedy for a viola- ‘‘(A) ISSUANCE.—The Director of the Office such an action under subsection (a) of this tion of subsection (b)(1) shall be such remedy of Personnel Management shall issue regula- section) shall not be subject to— as would be appropriate if awarded under tions identifying additional positions with ‘‘(1) the procedures under chapter 75; or section 9204 of title 5, United States Code, if respect to which the prohibition under sub- ‘‘(2) except as provided in subsection (a) of the violation had been committed by an em- section (a) shall not apply, giving due consid- this section, appeal or judicial review. ployee of an agency, consistent with regula- eration to positions that involve interaction ‘‘§ 9206. Rules of construction tions issued under subsection (d), except that with minors, access to sensitive information, ‘‘Nothing in this chapter may be construed the reference in that section to a suspension or managing financial transactions. to— shall be considered to be a suspension with

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the level of compensation provided for a cov- ‘‘(B) APPEALS.—The Director shall by rule shall issue regulations identifying additional ered employee who is taking unpaid leave establish procedures providing for an appeal positions with respect to which the prohibi- under section 202. from any adverse action taken under sub- tion under paragraph (1) shall not apply, giv- ‘‘(2) PROCESS FOR OBTAINING RELIEF.—An paragraph (A) by not later than 30 days after ing due consideration to positions that in- applicant for employment as a covered em- the date of the action. volve interaction with minors, access to sen- ployee who alleges a violation of subsection ‘‘(C) APPLICABILITY OF OTHER LAWS.—Ex- sitive information, or managing financial (b)(1) may rely on the provisions of title IV cept as provided in subparagraph (B), an ad- transactions. (other than sections 404(2), 407, and 408), con- verse action taken under subparagraph (A) ‘‘(ii) COMPLIANCE WITH CIVIL RIGHTS LAWS.— sistent with regulations issued under sub- (including a determination in an appeal from The regulations issued under clause (i) section (d). such an action under subparagraph (B)) shall shall— ‘‘(d) REGULATIONS TO IMPLEMENT SEC- not be subject to appeal or judicial review. ‘‘(I) be consistent with, and in no way su- TION.— ‘‘(5) REGULATIONS TO BE ISSUED.— persede, restrict, or limit the application of ‘‘(1) IN GENERAL.—Not later than 18 months ‘‘(A) IN GENERAL.—Not later than 18 title VII of the Civil Rights Act of 1964 (42 after the date of enactment of the Fair months after the date of enactment of the U.S.C. 2000e et seq.) or other relevant Fed- Chance to Compete for Jobs Act of 2016, the Fair Chance to Compete for Jobs Act of 2016, eral civil rights laws; and Board shall, pursuant to section 304, issue the Director shall issue regulations to imple- ‘‘(II) ensure that all hiring activities con- regulations to implement this section. ment this subsection. ducted pursuant to the regulations are con- ‘‘(2) PARALLEL WITH AGENCY REGULATIONS.— ‘‘(B) PARALLEL WITH AGENCY REGULA- ducted in a manner consistent with relevant The regulations issued under paragraph (1) TIONS.—The regulations issued under sub- Federal civil rights laws. shall be the same as substantive regulations paragraph (A) shall be the same as sub- ‘‘(b) COMPLAINT PROCEDURES.—The Admin- issued by the Director of the Office of Per- stantive regulations promulgated by the Di- istrator of General Services shall establish sonnel Management under section 1098(b)(1) rector of the Office of Personnel Manage- and publish procedures under which an appli- of the Fair Chance to Compete for Jobs Act ment under section 1098(b)(1) of the Fair cant for a position with a Federal contractor of 2016 to implement the statutory provi- Chance to Compete for Jobs Act of 2016 ex- may submit to the Administrator a com- sions referred to in subsections (a) through cept to the extent that the Director of the plaint, or any other information, relating to (c) except to the extent that the Board may Administrative Office of the United States compliance by the contractor with sub- determine, for good cause shown and stated Courts may determine, for good cause shown section (a)(1)(B). ‘‘(c) ACTION FOR VIOLATIONS OF PROHIBITION together with the regulation, that a modi- and stated together with the regulation, that ON CRIMINAL HISTORY INQUIRIES.— fication of such regulations would be more a modification of such regulations would be ‘‘(1) FIRST VIOLATION.—If the head of an ex- effective for the implementation of the more effective for the implementation of the ecutive agency determines that a contractor rights and protections under this section. rights and protections under this subsection. has violated subsection (a)(1)(B), such head ‘‘(e) EFFECTIVE DATE.—Section 102(a)(12) ‘‘(6) EFFECTIVE DATE.—Paragraphs (1) shall— and subsections (a) through (c) shall take ef- through (4) shall take effect on the date on ‘‘(A) notify the contractor; fect on the date on which section 9202 of title which section 9202 of title 5 applies with re- ‘‘(B) provide 30 days after such notification 5, United States Code, applies with respect to spect to agencies.’’. for the contractor to appeal the determina- agencies.’’. SEC. 1099. PROHIBITION ON CRIMINAL HISTORY tion; and (2) CLERICAL AMENDMENT.—The table of INQUIRIES BY CONTRACTORS PRIOR ‘‘(C) issue a written warning to the con- contents of such Act is amended— TO CONDITIONAL OFFER. tractor that includes a description of the (A) by redesignating the item relating to (a) CIVILIAN AGENCY CONTRACTS.— violation and the additional remedies that section 207 as the item relating to section (1) IN GENERAL.—Chapter 47 of title 41, may apply for subsequent violations. 208; and United States Code, is amended by adding at ‘‘(2) SUBSEQUENT VIOLATION.—If the head of (B) by inserting after the item relating to the end the following new section: an executive agency determines that a con- section 206 the following new item: ‘‘§ 4713. Prohibition on criminal history in- tractor that was subject to paragraph (1) has ‘‘Sec. 207. Rights and protections relating to quiries by contractors prior to conditional committed a subsequent violation of sub- criminal history inquiries.’’. offer section (a)(1)(B), such head shall notify the (e) APPLICATION TO JUDICIAL BRANCH.— ‘‘(a) LIMITATION ON CRIMINAL HISTORY IN- contractor, shall provide 30 days after such (1) IN GENERAL.—Section 604 of title 28, QUIRIES.— notification for the contractor to appeal the United States Code, is amended by adding at ‘‘(1) IN GENERAL.—Except as provided in determination, and, in consultation with the the end the following: paragraphs (2) and (3), an executive agency— relevant Federal agencies, may take actions, ‘‘(i) RESTRICTIONS ON CRIMINAL HISTORY IN- ‘‘(A) may not require that an individual or depending on the severity of the infraction QUIRIES.— sole proprietor who submits a bid or com- and the contractor’s history of violations, ‘‘(1) DEFINITIONS.—In this subsection— petitive proposal for a contract to disclose including— ‘‘(A) the terms ‘agency’ and ‘criminal his- criminal history record information regard- ‘‘(A) providing written guidance to the tory record information’ have the meanings ing that individual or sole proprietor before contractor that the contractor’s eligibility given those terms in section 9201 of title 5; determining the apparent awardee; and for contracts requires compliance with this ‘‘(B) the term ‘covered employee’ means an ‘‘(B) shall require, as a condition of receiv- section; employee of the judicial branch of the ing a Federal contract and receiving pay- ‘‘(B) requiring that the contractor respond United States Government, other than— ments under such contract that the con- within 30 days affirming that the contractor ‘‘(i) any judge or justice who is entitled to tractor may not verbally, or through written is taking steps to comply with this section; hold office during good behavior; form, request the disclosure of criminal his- and ‘‘(ii) a United States magistrate judge; or tory record information regarding an appli- ‘‘(C) suspending payment under the con- ‘‘(iii) a bankruptcy judge; and cant for a position related to work under tract for which the applicant was being con- ‘‘(C) the term ‘employing office’ means any such contract before the contractor extends sidered until the contractor demonstrates office or entity of the judicial branch of the a conditional offer to the applicant. compliance with this section. United States Government that employs cov- ‘‘(2) OTHERWISE REQUIRED BY LAW.—The ‘‘(d) RULES OF CONSTRUCTION.—Nothing in ered employees. prohibition under paragraph (1) does not this section may be construed to— ‘‘(2) RESTRICTION.—A covered employee apply with respect to a contract if consider- ‘‘(1) prohibit an executive agency from pro- may not request that an applicant for em- ation of criminal history record information curing a consumer report (as defined in sec- ployment as a covered employee disclose prior to a conditional offer with respect to tion 603 of the Fair Credit Reporting Act (15 criminal history record information if the the position is otherwise required by law. U.S.C. 1681a)) furnished by a consumer re- request would be prohibited under section ‘‘(3) EXCEPTION FOR CERTAIN POSITIONS.— porting agency (as defined in such section 9202 of title 5 if made by an employee of an ‘‘(A) IN GENERAL.—The prohibition under 603) in accordance with that Act; or agency. paragraph (1) does not apply with respect ‘‘(2) authorize an executive agency to pro- ‘‘(3) EMPLOYING OFFICE POLICIES; COMPLAINT to— hibit a contractor, as a condition of receiv- PROCEDURE.—The provisions of sections 9203 ‘‘(i) a contract that requires an individual ing a Federal contract and receiving pay- and 9206 of title 5 shall apply to employing hired under the contract to access classified ments under such contract, from procuring a offices and to applicants for employment as information or to have sensitive law enforce- consumer report (as defined in section 603 of covered employees, consistent with regula- ment or national security duties; or the Fair Credit Reporting Act (15 U.S.C. tions issued by the Director to implement ‘‘(ii) a position that the Administrator of 1681a)) furnished by a consumer reporting this subsection. General Services identifies under the regula- agency (as defined in such section 603) in ac- ‘‘(4) ADVERSE ACTION.— tions issued under subparagraph (B). cordance with that Act. ‘‘(A) ADVERSE ACTION.—The Director may ‘‘(B) REGULATIONS.— ‘‘(e) DEFINITIONS.—In this section: take such adverse action with respect to a ‘‘(i) ISSUANCE.—Not later than 16 months ‘‘(1) CONDITIONAL OFFER.—The term ‘condi- covered employee who violates paragraph (2) after the date of enactment of the Fair tional offer’ means an offer of employment as would be appropriate under section 9204 of Chance to Compete for Jobs Act of 2016, the for a position related to work under a con- title 5 if the violation had been committed Administrator of General Services, in con- tract that is conditioned upon the results of by an employee of an agency. sultation with the Secretary of Defense, a criminal history inquiry.

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‘‘(2) CRIMINAL HISTORY RECORD INFORMA- procedures under which an applicant for a Federal Acquisition Regulatory Council TION.—The term ‘criminal history record in- position with a Department of Defense con- shall revise the Federal Acquisition Regula- formation’ has the meaning given that term tractor may submit a complaint, or any tion to implement section 4713 of title 41, in section 9201 of title 5.’’. other information, relating to compliance by United States Code, and section 2338 of title (2) CLERICAL AMENDMENT.—The table of the contractor with subsection (a)(1)(B). 10, United States Code, as added by this sec- ‘‘(c) ACTION FOR VIOLATIONS OF PROHIBITION sections of chapter 47 of such title is amend- tion. ed by inserting after the item relating to ON CRIMINAL HISTORY INQUIRIES.— (2) CONSISTENCY WITH OFFICE OF PERSONNEL section 4712 the following new item: ‘‘(1) FIRST VIOLATION.—If the Secretary of MANAGEMENT REGULATIONS.—The Federal Ac- ‘‘4713. Prohibition on criminal history in- Defense determines that a contractor has violated subsection (a)(1)(B), the Secretary quisition Regulatory Council shall revise the quiries by contractors prior to Federal Acquisition Regulation under para- conditional offer.’’. shall— graph (1) to be consistent with the regula- (3) EFFECTIVE DATE.—Section 4713(a) of ‘‘(A) notify the contractor; tions issued by the Director of the Office of title 41, United States Code, as added by ‘‘(B) provide 30 days after such notification paragraph (1), shall apply with respect to for the contractor to appeal the determina- Personnel Management under section contracts awarded pursuant to solicitations tion; and 1098(b)(1) to the maximum extent prac- issued after the effective date described in ‘‘(C) issue a written warning to the con- ticable. The Council shall include together section 1098(b)(2) of this subtitle. tractor that includes a description of the with such revision an explanation of any (b) DEFENSE CONTRACTS.— violation and the additional remedies that substantive modification of the Office of Per- (1) IN GENERAL.—Chapter 137 of title 10, may apply for subsequent violations. sonnel Management regulations, including United States Code, is amended by adding at ‘‘(2) SUBSEQUENT VIOLATIONS.—If the Sec- an explanation of how such modification will the end the following new section: retary of Defense determines that a con- more effectively implement the rights and tractor that was subject to paragraph (1) has ‘‘§ 2338. Prohibition on criminal history in- protections under this section. committed a subsequent violation of sub- quiries by contractors prior to conditional section (a)(1)(B), the Secretary shall notify SEC. 1099A. REPORT ON EMPLOYMENT OF INDI- offer the contractor, shall provide 30 days after VIDUALS FORMERLY INCARCER- ‘‘(a) LIMITATION ON CRIMINAL HISTORY IN- such notification for the contractor to ap- ATED IN FEDERAL PRISONS. QUIRIES.— peal the determination, and, in consultation (a) DEFINITION.—In this section, the term ‘‘(1) IN GENERAL.—Except as provided in with the relevant Federal agencies, may ‘‘covered individual’’— paragraphs (2) and (3), the head of an agen- take actions, depending on the severity of (1) means an individual who has completed cy— the infraction and the contractor’s history of ‘‘(A) may not require that an individual or violations, including— a term of imprisonment in a Federal prison sole proprietor who submits a bid or com- ‘‘(A) providing written guidance to the for a Federal criminal offense; and petitive proposal for a contract to disclose contractor that the contractor’s eligibility (2) does not include an alien who is or will criminal history record information regard- for contracts requires compliance with this be removed from the United States for a vio- ing that individual or sole proprietor before section; lation of the immigration laws (as such term determining the apparent awardee; and ‘‘(B) requiring that the contractor respond is defined in section 101 of the Immigration ‘‘(B) shall require as a condition of receiv- within 30 days affirming that the contractor and Nationality Act (8 U.S.C. 1101)). ing a Federal contract and receiving pay- is taking steps to comply with this section; ments under such contract that the con- (b) STUDY AND REPORT REQUIRED.—The Di- and tractor may not verbally or through written rector of the Bureau of Justice Statistics, in ‘‘(C) suspending payment under the con- form request the disclosure of criminal his- coordination with the Director of the Bureau tract for which the applicant was being con- tory record information regarding an appli- sidered until the contractor demonstrates of the Census, shall— cant for a position related to work under (1) not later than 6 months after the date such contract before such contractor extends compliance with this section. ‘‘(d) RULES OF CONSTRUCTION.—Nothing in of enactment of this Act, design and initiate a conditional offer to the applicant. this section may be construed to— a study on the employment of covered indi- ‘‘(2) OTHERWISE REQUIRED BY LAW.—The ‘‘(1) prohibit an agency from procuring a viduals after their release from Federal pris- prohibition under paragraph (1) does not consumer report (as defined in section 603 of on, including by collecting— apply with respect to a contract if consider- the Fair Credit Reporting Act (15 U.S.C. ation of criminal history record information (A) demographic data on covered individ- 1681a)) furnished by a consumer reporting prior to a conditional offer with respect to uals, including race, age, and sex; and agency (as defined in such section 603) in ac- the position is otherwise required by law. (B) data on employment and earnings of cordance with that Act; or ‘‘(3) EXCEPTION FOR CERTAIN POSITIONS.— covered individuals who are denied employ- ‘‘(2) authorize an agency to prohibit a con- ‘‘(A) IN GENERAL.—The prohibition under ment, including the reasons for the denials; paragraph (1) does not apply with respect tractor, as a condition of receiving a Federal and to— contract and receiving payments under such (2) not later than 2 years after the date of ‘‘(i) a contract that requires an individual contract, from procuring a consumer report enactment of this Act, and every 5 years hired under the contract to access classified (as defined in section 603 of the Fair Credit thereafter, submit a report that does not in- information or to have sensitive law enforce- Reporting Act (15 U.S.C. 1681a)) furnished by clude any personally identifiable informa- a consumer reporting agency (as defined in ment or national security duties; or tion on the study conducted under paragraph such section 603) in accordance with that ‘‘(ii) a position that the Secretary of De- (1) to— fense identifies under the regulations issued Act. EFINITIONS.—In this section: (A) the Committee on Homeland Security under subparagraph (B). ‘‘(e) D ‘‘(1) CONDITIONAL OFFER.—The term ‘condi- and Governmental Affairs of the Senate; ‘‘(B) REGULATIONS.— tional offer’ means an offer of employment (B) the Committee on Health, Education, ‘‘(i) ISSUANCE.—Not later than 16 months for a position related to work under a con- Labor, and Pensions of the Senate; after the date of enactment of the Fair (C) the Committee on Oversight and Gov- Chance to Compete for Jobs Act of 2016, the tract that is conditioned upon the results of ernment Reform of the House of Representa- Secretary of Defense, in consultation with a criminal history inquiry. tives; and the Administrator of General Services, shall ‘‘(2) CRIMINAL HISTORY RECORD INFORMA- (D) the Committee on Education and the issue regulations identifying additional posi- TION.—The term ‘criminal history record in- tions with respect to which the prohibition formation’ has the meaning given that term Workforce of the House of Representatives. under paragraph (1) shall not apply, giving in section 9201 of title 5.’’. due consideration to positions that involve (2) EFFECTIVE DATE.—Section 2338(a) of Mr. MCCAIN (for himself and interaction with minors, access to sensitive title 10, United States Code, as added by SA 4338. information, or managing financial trans- paragraph (1), shall apply with respect to Mr. BLUMENTHAL) submitted an amend- actions. contracts awarded pursuant to solicitations ment intended to be proposed by him ‘‘(ii) COMPLIANCE WITH CIVIL RIGHTS LAWS.— issued after the effective date described in to the bill S. 2943, to authorize appro- section 1098(b)(2) of this subtitle. The regulations issued under clause (i) priations for fiscal year 2017 for mili- shall— (3) CLERICAL AMENDMENT.—The table of ‘‘(I) be consistent with, and in no way su- sections at the beginning of chapter 137 of tary activities of the Department of persede, restrict, or limit the application of such title is amended by inserting after the Defense, for military construction, and title VII of the Civil Rights Act of 1964 (42 item relating to section 2337 the following for defense activities of the Depart- new item: U.S.C. 2000e et seq.) or other relevant Fed- ment of Energy, to prescribe military eral civil rights laws; and ‘‘2338. Prohibition on criminal history in- ‘‘(II) ensure that all hiring activities con- quiries by contractors prior to personnel strengths for such fiscal ducted pursuant to the regulations are con- conditional offer.’’. year, and for other purposes; which was ducted in a manner consistent with relevant (c) REVISIONS TO FEDERAL ACQUISITION REG- ordered to lie on the table; as follows: Federal civil rights laws. ULATION.— ‘‘(b) COMPLAINT PROCEDURES.—The Sec- (1) IN GENERAL.—Not later than 18 months At the end of subtitle I of title X, add the retary of Defense shall establish and publish after the date of enactment of this Act, the following:

VerDate Sep 11 2014 05:19 May 27, 2016 Jkt 059060 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.058 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3340 CONGRESSIONAL RECORD — SENATE May 26, 2016 SEC. 1097. EXTENSION AND EXPANSION OF VET- (iv) incorporate the use of value-based re- ‘‘Subchapter VII—Property Management ERANS CHOICE PROGRAM AND ES- imbursement models to promote the provi- ‘‘§ 621. Definitions TABLISHMENT OF CONSISTENT CRI- sion of high-quality care to improve health TERIA AND STANDARDS RELATING ‘‘In this subchapter: TO PROVISION OF NON-DEPART- outcomes and the experience of care for vet- ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- MENT OF VETERANS AFFAIRS erans; and trator’ means the Administrator of General HEALTH CARE. (v) be consistent with prompt payment Services. (a) EXTENSION.—The Veterans Access, standards required of Federal agencies under ‘‘(2) COUNCIL.—The term ‘Council’ means Choice, and Accountability Act of 2014 (Pub- chapter 39 of title 31, United States Code. the Federal Property Council established by lic Law 113–146; 38 U.S.C. 1701 note) is amend- (2) EXCEPTION.—The criteria and standards section 623(a). ed— required to be established under paragraph ‘‘(3) DIRECTOR.—The term ‘Director’ means (1) in section 101(p)(2), by striking ‘‘3 (1) shall not apply to hospital care and med- the Director of the Office of Management years’’ and inserting ‘‘6 years’’; and ical services furnished under section 101 of and Budget. (2) in section 802(d)(1), by striking the Veterans Access, Choice, and Account- ‘‘(4) DISPOSAL.—The term ‘disposal’ means ‘‘$10,000,000,000’’ and inserting ability Act of 2014 (Public Law 113–146; 38 any action that constitutes the removal of ‘‘$17,500,000,000’’. U.S.C. 1701 note). any property from the inventory of the Fed- (b) EXPANSION OF ELIGIBILITY.— (d) QUARTERLY REPORT.—Not less fre- eral agency, including sale, transfer, deed, (1) IN GENERAL.—Subsection (b)(2) of sec- quently than quarterly until all amounts de- demolition, donation, or exchange. tion 101 of such Act is amended— posited in the Veterans Choice Fund under ‘‘(5) FEDERAL AGENCY.—The term ‘Federal (A) in subparagraph (C)(ii), by striking ‘‘; section 802 of the Veterans Access, Choice, agency’ means— or’’ and inserting a semicolon; and Accountability Act of 2014 (Public Law ‘‘(A) an executive department or inde- (B) in subparagraph (D)(ii)(II)(dd), by strik- 113–146; 38 U.S.C. 1701 note) are exhausted, pendent establishment in the executive ing the period at the end and inserting ‘‘; the Secretary shall submit to the Committee branch of the Government; or or’’; and on Appropriations and the Committee on ‘‘(B) a wholly owned Government corpora- (C) by adding at the end the following new Veterans’ Affairs of the Senate and the Com- tion (other than the United States Postal subparagraph: mittee on Appropriations and the Committee Service). ‘‘(E) has received health services under the on Veterans’ Affairs of the House of Rep- ‘‘(6) FIELD OFFICE.—The term ‘field office’ pilot program under section 403 of the Vet- resentatives an update on the expenditures means any office of a Federal agency that is erans’ Mental Health and Other Care Im- made from such Fund to carry out section not the headquarters office location for the provements Act of 2008 (Public Law 110–387; 101 of such Act during the quarter covered by Federal agency. 38 U.S.C. 1703 note) and resides in a location the report. ‘‘(7) POSTAL PROPERTY.—The term ‘postal described in section (b)(2) of such section.’’. (e) EMERGENCY DESIGNATIONS.— property’ means any property owned or (2) CONFORMING AMENDMENTS.— (1) IN GENERAL.—The amendments made by leased by the United States Postal Service. (A) INFORMATION ON AVAILABILITY OF subsections (a) and (b) are designated as an ‘‘(8) PUBLIC-PRIVATE PARTNERSHIP.—The CARE.—Subsection (g)(3) of such section is emergency requirement pursuant to section term ‘public-private partnership’ means any amended by striking ‘‘or (D)’’ and inserting 4(g) of the Statutory Pay-As-You-Go Act of partnership or working relationship between ‘‘(D), or (E)’’. 2010 (2 U.S.C. 933(g)). a Federal agency and a corporation, indi- (B) REPORT.—Subsection (q)(2)(A) of such (2) DESIGNATION IN SENATE.—In the Senate, vidual, or nonprofit organization for the pur- section is amended— the amendments made by subsections (a) and pose of financing, constructing, operating, (i) in clause (iii), by striking ‘‘; and’’ and (b) are designated as an emergency require- managing, or maintaining 1 or more Federal inserting a semicolon; ment pursuant to section 403(a) of S. Con. real property assets. (ii) in clause (iv), by striking the period at Res. 13 (111th Congress), the concurrent reso- ‘‘(9) UNDERUTILIZED PROPERTY.—The term the end and inserting ‘‘; and’’; and lution on the budget for fiscal year 2010. ‘underutilized property’ means a portion or (iii) by adding at the end the following new the entirety of any real property, including clause: SA 4339. Mr. CARPER submitted an any improvements, that is used— ‘‘(v) eligible veterans described in sub- amendment intended to be proposed by ‘‘(A) irregularly or intermittently by the section (b)(2)(E).’’. accountable Federal agency for program pur- (c) ESTABLISHMENT OF CRITERIA FOR PROVI- him to the bill S. 2943, to authorize ap- propriations for fiscal year 2017 for poses of the Federal agency; or SION OF SERVICES THROUGH NON-DEPARTMENT ‘‘(B) for program purposes that can be sat- HEALTH CARE PROVIDERS.— military activities of the Department isfied only with a portion of the property. (1) IN GENERAL.—Except as provided in of Defense, for military construction, paragraph (2), the Secretary of Veterans Af- ‘‘§ 622. Collocation among United States Post- and for defense activities of the De- al Service properties fairs shall establish consistent criteria and partment of Energy, to prescribe mili- standards— ‘‘(a) IDENTIFICATION OF POSTAL PROP- (A) for purposes of determining eligibility tary personnel strengths for such fiscal ERTY.—Each year, the Postmaster General of non-Department of Veterans Affairs year, and for other purposes; which was shall— health care providers to provide health care ordered to lie on the table; as follows: ‘‘(1) identify a list of postal properties with under the laws administered by the Sec- At the end of division B, add the following: space available for use by Federal agencies; retary, including standards relating to edu- and TITLE XXX—FEDERAL PROPERTY ‘‘(2) not later than September 30, submit cation, certification, licensure, training, and MANAGEMENT REFORM employment history; and the list to— (B) for the reimbursement of such health SEC. 2951. SHORT TITLE. ‘‘(A) the Committee on Homeland Security care providers for care or services provided This title may be cited as the ‘‘Federal and Governmental Affairs of the Senate; and under the laws administered by the Sec- Property Management Reform Act of 2016’’. ‘‘(B) the Committee on Oversight and Gov- retary, which to the extent practicable SEC. 2952. PURPOSE. ernment Reform of the House of Representa- shall— The purpose of this title is to increase the tives. ‘‘(b) VOLUNTARY IDENTIFICATION OF POSTAL (i) except as provided in clauses (ii) and efficiency and effectiveness of the Federal Government in managing property of the PROPERTY.—Each year, the Postmaster Gen- (iii), use rates for reimbursement that are eral may submit the list under subsection (a) not more than the rates paid by the United Federal Government by— (1) requiring the United States Postal to the Council. States to a provider of services (as defined in ‘‘(c) SUBMISSION OF LIST OF POSTAL PROP- Service to take appropriate measures to bet- section 1861(u) of the Social Security Act (42 ERTIES TO FEDERAL AGENCIES.— ter manage and account for property and U.S.C. 1395x(u))) under the Medicare program ‘‘(1) IN GENERAL.—Not later than 30 days modernize the Postal fleet; under title XVIII of the Social Security Act after the completion of a list under sub- (2) providing for increased collocation with (42 U.S.C. 1395 et seq.) for the same care or section (a), the Council shall provide the list services; Postal Service facilities and guidance on to each Federal agency. Postal Service leasing practices; (ii) with respect to care or services pro- ‘‘(2) REVIEW BY FEDERAL AGENCIES.—Not vided in Alaska, use rates for reimbursement (3) establishing a Federal Property Council later than 90 days after the receipt of the list set forth in the Alaska Fee Schedule of the to develop guidance on and ensure the imple- submitted under paragraph (1), each Federal Department of Veterans Affairs, except for mentation of strategies for better managing agency shall— when another payment agreement, including Federal property; ‘‘(A) review the list; a contract or provider agreement, is in place, (4) providing incentives to agencies to dis- ‘‘(B) review properties under the control of in which case use rates for reimbursement pose of excess property through retention of the Federal agency; and set forth under such payment agreement; proceeds; and ‘‘(C) recommend collocations if appro- (iii) with respect to care or services pro- (5) providing guidance for surplus property priate. vided in a State with an All-Payer Model donations to museums. ‘‘(d) TERMS OF COLLOCATION.—On approval Agreement in effect under the Social Secu- SEC. 2953. PROPERTY MANAGEMENT. of the recommendations under subsection (c) rity Act (42 U.S.C. 301 et seq.), use rates for (a) IN GENERAL.—Chapter 5 of subtitle I of by the Postmaster General and the applica- reimbursement based on the payment rates title 40, United States Code, is amended by ble agency head, the Federal agency or ap- under such agreement; adding at the end the following: propriate landholding entity may work with

VerDate Sep 11 2014 05:19 May 27, 2016 Jkt 059060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.060 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3341 the Postmaster General to establish appro- ‘‘(2) develop utilization rates consistent ‘‘(3) the Committee on Oversight and Gov- priate terms of a lease for each postal prop- throughout each category of space, consid- ernment Reform of the House of Representa- erty. ering the diverse nature of the Federal port- tives; ‘‘(e) RULE OF CONSTRUCTION.—Nothing in folio and consistent with nongovernmental ‘‘(4) the Committee on Transportation and this section exceeds, modifies, or supplants space use rates; Infrastructure of the House of Representa- any other Federal law relating to any com- ‘‘(3) develop a strategy to reduce the reli- tives; and petitive bidding process governing the leas- ance of Federal agencies on leased space for ‘‘(5) the Comptroller General of the United ing of postal property. long-term needs if ownership would be less States. ‘‘§ 623. Establishment of a Federal Property costly; ‘‘(i) EXCLUSIONS.—In this section, surplus Council ‘‘(4) provide guidance on eliminating ineffi- property shall not include— ‘‘(a) ESTABLISHMENT.—There is established ciencies in the Federal leasing process; ‘‘(1) any military installation (as defined a Federal Property Council. ‘‘(5) compile a list of field offices that are in section 2910 of the Defense Base Closure ‘‘(b) PURPOSE.—The purpose of the Council suitable for collocation with other property and Realignment Act of 1990 (10 U.S.C. 2687 shall be— assets; note; Public Law 101–510)); ‘‘(1) to develop guidance and ensure imple- ‘‘(6) research best practices regarding the ‘‘(2) any property that is excepted from the mentation of an efficient and effective prop- use of public-private partnerships to manage definition of the term ‘property’ under sec- erty management strategy; properties and develop guidelines for the use tion 102; ‘‘(2) to identify opportunities for the Fed- of those partnerships in the management of ‘‘(3) Indian and native Eskimo property eral Government to better manage property Federal property; held in trust by the Federal Government as and assets of the Federal Government; and ‘‘(7) not later than 1 year after the date of described in section 3301(a)(5)(C)(iii); ‘‘(3) to reduce the costs of managing prop- enactment of this subchapter— ‘‘(4) real property operated and maintained erty of the Federal Government, including ‘‘(A) examine the disposal of surplus prop- by the Tennessee Valley Authority pursuant operations, maintenance, and security asso- erty through the State Agencies for Surplus to the Tennessee Valley Authority Act of ciated with Federal property. Property program; and 1933 (16 U.S.C. 831 et seq.); ‘‘(c) COMPOSITION.— ‘‘(B) issue a report that includes rec- ‘‘(5) any real property the Director ex- ‘‘(1) IN GENERAL.—The Council shall be ommendations on how the program could be cludes for reasons of national security; composed exclusively of— improved to ensure accountability and in- ‘‘(6) any public lands (as defined in section ‘‘(A) the senior real property officers of crease efficiencies in the property disposal 203 of the Public Lands Corps Act of 1993 (16 each Federal agency and the Postal Service; process; and U.S.C. 1722)) administered by— ‘‘(B) the Deputy Director for Management ‘‘(8) not later than 1 year after the date of ‘‘(A) the Secretary of the Interior, acting of the Office of Management and Budget; enactment of this subchapter and annually through— ‘‘(C) the Controller of the Office of Man- during the 4-year period beginning on the ‘‘(i) the Director of the Bureau of Land agement and Budget; date that is 1 year after the date of enact- Management; ‘‘(D) the Administrator; and ment of this subchapter and ending on the ‘‘(ii) the Director of the National Park ‘‘(E) any other full-time or permanent date that is 5 years after the date of enact- Service; part-time Federal officials or employees, as ment of this subchapter, the Council shall ‘‘(iii) the Commissioner of Reclamation; or the Chairperson determines to be necessary. submit to the Director a report that con- ‘‘(iv) the Director of the United States ‘‘(2) CHAIRPERSON.—The Deputy Director tains— Fish and Wildlife Service; or for Management of the Office of Management ‘‘(A) a list of the remaining excess prop- ‘‘(B) the Secretary of Agriculture, acting and Budget shall serve as Chairperson of the erty or surplus property that is real prop- through the Chief of the Forest Service; or Council. erty, and underutilized properties of each ‘‘(7) any property operated and maintained ‘‘(3) EXECUTIVE DIRECTOR.— Federal agency; by the United States Postal Service. ‘‘(A) IN GENERAL.—The Chairperson shall ‘‘(B) the progress of the Council toward de- designate an Executive Director to assist in ‘‘§ 624. Inventory and database veloping guidance for Federal agencies to en- carrying out the duties of the Council. ‘‘(a) IN GENERAL.—Not later than 1 year sure that the assessment required under sec- ‘‘(B) QUALIFICATIONS; FULL-TIME.—The Ex- after the date of enactment of this sub- tion 524(a)(11)(B) is carried out in a uniform ecutive Director shall— chapter, the Administrator shall establish manner; ‘‘(i) be appointed from among individuals and maintain a single, comprehensive, and ‘‘(C) the progress of Federal agencies to- who have substantial experience in the areas descriptive database of all real property ward achieving the goals established under of commercial real estate and development, under the custody and control of all Federal section 524(a)(7); and real property management, and Federal op- agencies. ‘‘(D) if necessary, recommendations for erations and management; ‘‘(b) CONTENTS.—The database shall in- legislation or statutory reforms that would ‘‘(ii) serve full time; and clude— further the goals of the Council, including ‘‘(iii) hold no outside employment that ‘‘(1) information provided to the Adminis- streamlining the disposal of excess real or may conflict with duties inherent to the po- trator under section 524(a)(11)(B); and personal property or underutilized property. sition. ‘‘(2) a list of property disposals completed, ‘‘(d) MEETINGS.— ‘‘(f) CONSULTATION.—In carrying out the including— ‘‘(1) IN GENERAL.—The Council shall meet duties described in subsection (e), the Coun- ‘‘(A) the date and disposal method used for subject to the call of the Chairperson. cil shall also consult with representatives each property; ‘‘(2) MINIMUM.—The Council shall meet not of— ‘‘(B) the proceeds obtained from the dis- fewer than 4 times each year. ‘‘(1) State, local, tribal authorities, and af- posal of each property; ‘‘(e) DUTIES.—The Council, in consultation fected communities; and ‘‘(C) the amount of time required to dis- with the Director and the Administrator, ‘‘(2) appropriate private sector entities and pose of the property, including the date on shall— nongovernmental organizations that have which the property is designated as excess ‘‘(1) not later than 1 year after the date of expertise in areas of— property; enactment of this subchapter, establish a ‘‘(A) commercial real estate and develop- ‘‘(D) the date on which the property is des- property management plan template, to be ment; ignated as surplus property and the date on updated annually, which shall include per- ‘‘(B) government management and oper- which the property is disposed; and formance measures, specific milestones, ations; ‘‘(E) all costs associated with the disposal. measurable savings, strategies, and Govern- ‘‘(C) space planning; ‘‘(c) ACCESSIBILITY.— ment-wide goals based on the goals estab- ‘‘(D) community development, including ‘‘(1) COMMITTEES.—The database estab- lished under section 524(a)(7) to reduce sur- transportation and planning; lished under subsection (a) shall be made plus property, to achieve better utilization ‘‘(E) historic preservation; available on request to the Committee on of underutilized property, or to enhance ‘‘(F) providing housing to the homeless Homeland Security and Governmental Af- management of high value personal prop- population; and fairs and the Committee on Environment erty, and evaluation criteria to determine ‘‘(G) personal property management. and Public Works of the Senate and the the effectiveness of property management ‘‘(g) COUNCIL RESOURCES.—The Director Committee on Oversight and Government that are designed— and the Administrator shall provide staffing, Reform and the Committee on Transpor- ‘‘(A) to enable Congress and heads of Fed- and administrative support for the Council, tation and Infrastructure of the House of eral agencies to track progress in the as appropriate. Representatives. achievement of property management objec- ‘‘(h) ACCESS TO INFORMATION.—The Council ‘‘(2) GENERAL PUBLIC.—Not later than 3 tives on a Government-wide basis; shall make available, on request, all infor- years after the date of enactment of this sub- ‘‘(B) to improve the management of real mation generated by the Council in per- chapter and to the extent consistent with property; and forming the duties of the Council to— national security, the Administrator shall ‘‘(C) to allow for comparison of the per- ‘‘(1) the Committee on Homeland Security make the database established under sub- formance of Federal agencies against indus- and Governmental Affairs of the Senate; section (a) accessible to the public at no cost try and other public sector agencies in terms ‘‘(2) the Committee on Environment and through the website of the General Services of performance; Public Works of the Senate; Administration.

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‘‘(d) EXCLUSIONS.—In this section, surplus section 2953, is amended by adding at the end subtitle I of title 40, United States Code, as property shall not include— the following: amended by section 3, is amended by insert- ‘‘(1) any military installation (as defined ‘‘Subchapter VIII—United States Postal ing after the item relating to section 626 the in section 2910 of the Defense Base Closure Service Property Management following: and Realignment Act of 1990 (10 U.S.C. 2687 ‘‘§ 641. Definitions ‘‘SUBCHAPTER VIII—UNITED STATES POSTAL note; Public Law 101–510)); ‘‘In this subchapter: SERVICE PROPERTY MANAGEMENT ‘‘(2) any property that is excepted from the ‘‘(1) EXCESS PROPERTY.—The term ‘excess definition of the term ‘property’ under sec- ‘‘Sec. 641. Definitions. property’ means any postal property that tion 102; ‘‘Sec. 642. United States Postal Service the Postal Service determines is not required ‘‘(3) Indian and native Eskimo property property management.’’. to meet the needs or responsibilities of the held in trust by the Federal Government as Postal Service. SEC. 2955. AGENCY RETENTION OF PROCEEDS. described in section 3301(a)(5)(C)(iii); ‘‘(2) POSTAL PROPERTY.—The term ‘postal Section 571 of title 40, United States Code, ‘‘(4) real property operated and maintained property’ means any property owned or is amended to read as follows: by the Tennessee Valley Authority pursuant leased by, or under the control of, the Postal to the Tennessee Valley Authority Act of ‘‘§ 571. General rules for deposit and use of Service. 1933 (16 U.S.C. 831 et seq.); proceeds ‘‘(3) POSTAL SERVICE.—The term ‘Postal ‘‘(5) any real property the Director ex- Service’ means the United States Postal ‘‘(a) PROCEEDS FROM TRANSFER OR SALE OF cludes for reasons of national security; Service. REAL PROPERTY.— ‘‘(6) any public lands (as defined in section ‘‘(4) UNDERUTILIZED PROPERTY.—The term ‘‘(1) DEPOSIT OF NET PROCEEDS.—Net pro- 203 of the Public Lands Corps Act of 1993 (16 ‘underutilized property’ means a portion or ceeds described in subsection (d) shall be de- U.S.C. 1722)) administered by— the entirety of any real property, including posited into the appropriate account of the ‘‘(A) the Secretary of the Interior, acting any improvements, that is used— agency that had custody and accountability through— ‘‘(A) irregularly or intermittently by the for the property at the time the property is ‘‘(i) the Director of the Bureau of Land Postal Service for program purposes of the determined to be excess. Management; Postal Service; or ‘‘(2) EXPENDITURE OF NET PROCEEDS.—The ‘‘(ii) the Director of the National Park ‘‘(B) for program purposes that can be sat- net proceeds deposited pursuant to para- Service; isfied only with a portion of the property. graph (1) may only be expended as authorized ‘‘(iii) the Commissioner of Reclamation; or in annual appropriations Acts, for— ‘‘(iv) the Director of the United States ‘‘§ 642. United States Postal Service property management ‘‘(A) activities described in sections 543 and Fish and Wildlife Service; or 545, including paying costs incurred by the ‘‘The Postal Service— ‘‘(B) the Secretary of Agriculture, acting General Services Administration for any dis- ‘‘(1) shall maintain adequate inventory through the Chief of the Forest Service; or posal-related activity authorized by this controls and accountability systems for ‘‘(7) any property operated and maintained title; and postal property; by the United States Postal Service. ‘‘(B) activities pursuant to implementation ‘‘(2) shall develop current and future work- ‘‘§ 625. Information on certain leasing au- of the Federal Buildings Personnel Training force projections so as to have the capacity thorities Act of 2010 (40 U.S.C. 581 note; Public Law to assess the needs of the Postal Service ‘‘(a) IN GENERAL.—Except as provided in 111–308). workforce regarding the use of property; subsection (b), not later than December 31 of ‘‘(3) DEFICIT REDUCTION.—Any net proceeds ‘‘(3) may develop a 5-year management each year following the date of enactment of described in subsection (d) from the sale, template that— this subchapter, a Federal agency with inde- lease, or other disposition of surplus real ‘‘(A) establishes goals and policies that pendent leasing authority shall submit to property that are not expended under para- will lead to the reduction of excess property the Council a list of all leases, including op- graph (2) shall be used for deficit reduction. and underutilized property in the inventory erating leases, in effect on the date of enact- ‘‘(b) EFFECT ON OTHER SECTIONS.—Nothing ment of this subchapter that includes— of the Postal Service; ‘‘(B) adopts workplace practices, configu- in this section is intended to affect section ‘‘(1) the date on which each lease was exe- 572(b), 573, or 574. cuted; rations, and management techniques that ‘‘(c) DISPOSAL AGENCY FOR REVERTED PROP- ‘‘(2) the date on which each lease will ex- can achieve increased levels of productivity and decrease the need for real property as- ERTY.—For the purposes of this section, for pire; any property that reverts to the United ‘‘(3) a description of the size of the space; sets; States under sections 550 and 553, the Gen- ‘‘(4) the location of the property; ‘‘(C) assesses leased space to identify space eral Services Administration, as the disposal ‘‘(5) the tenant agency; that is not fully used or occupied; agency, shall be treated as the agency with ‘‘(6) the total annual rental payment; and ‘‘(D) develops recommendations on how to custody and accountability for the property ‘‘(7) the amount of the net present value of address excess capacity at Postal Service fa- at the time the property is determined to be the total estimated legal obligations of the cilities without negatively impacting mail excess. Federal Government over the life of the con- delivery; and tract. ‘‘(E) develops recommendations on ensur- ‘‘(d) NET PROCEEDS.—The net proceeds de- ‘‘(b) EXCEPTION.—Subsection (a) shall not ing the security of mail processing oper- scribed in this subsection are proceeds under apply to— ations; and this chapter, less expenses of the transfer or ‘‘(1) the United States Postal Service; or ‘‘(4) shall, on a regular basis— disposition as provided in section 572(a), ‘‘(2) any other property the President ex- ‘‘(A) conduct an inventory of postal prop- from— cludes from subsection (a) for reasons of na- erty that is real property; and ‘‘(1) a transfer of excess real property to a tional security.’’. ‘‘(B) make an assessment of each property Federal agency for agency use; or (b) TECHNICAL AND CONFORMING AMEND- described in subparagraph (A), which shall ‘‘(2) a sale, lease, or other disposition of MENTS.— include— surplus real property. (1) TABLE OF SECTIONS.—The table of sec- ‘‘(i) the age and condition of the property; ‘‘(e) PROCEEDS FROM TRANSFER OR SALE OF tions for chapter 5 of subtitle I of title 40, ‘‘(ii) the size of the property in square foot- PERSONAL PROPERTY.— United States Code, is amended by inserting age and acreage; ‘‘(1) IN GENERAL.—Except as otherwise pro- after the item relating to section 611 the fol- ‘‘(iii) the geographical location of the prop- vided in this subchapter, proceeds described lowing: erty, including an address and description; in paragraph (2) shall be deposited in the ‘‘SUBCHAPTER VII—PROPERTY MANAGEMENT ‘‘(iv) the extent to which the property is Treasury as miscellaneous receipts. ‘‘Sec. 621. Definitions. being utilized; ‘‘(2) PROCEEDS.—The proceeds described in ‘‘Sec. 622. Collocation among United States ‘‘(v) the actual annual operating costs as- this paragraph are proceeds under this chap- Postal Service properties. sociated with the property; ter from— ‘‘Sec. 623. Establishment of a Federal Prop- ‘‘(vi) the total cost of capital expenditures ‘‘(A) a transfer of excess personal property erty Council. associated with the property; to a Federal agency for agency use; or ‘‘Sec. 624. Inventory and database. ‘‘(vii) the number of postal employees, con- ‘‘(B) a sale, lease, or other disposition of ‘‘Sec. 625. Information on certain leasing au- tractor employees, and functions housed at surplus personal property. thorities.’’. the property; ‘‘(3) PAYMENT OF EXPENSES OF SALE BEFORE (2) TECHNICAL AMENDMENT.—Section 102 of ‘‘(viii) the extent to which the mission of DEPOSIT.— title 40, United States Code, is amended in the Postal Service is dependent on the prop- ‘‘(A) IN GENERAL.—Subject to regulations the matter preceding paragraph (1) by strik- erty; and under this subtitle, the expenses of the sale ing ‘‘The’’ and inserting ‘‘Except as provided ‘‘(ix) the estimated amount of capital ex- of personal property may be paid from the in subchapters VII and VIII of chapter 5 of penditures projected to maintain and operate proceeds of the sale so that only the net pro- this title, the’’. the property over each of the next 5 years ceeds are deposited in the Treasury. SEC. 2954. UNITED STATES POSTAL SERVICE after the date of enactment of this sub- ‘‘(B) APPLICATION.—This paragraph applies PROPERTY MANAGEMENT. chapter.’’. whether proceeds are deposited as miscella- (a) IN GENERAL.—Chapter 5 of subtitle I of (b) TECHNICAL AND CONFORMING AMEND- neous receipts or to the credit of an appro- title 40, United States Code, as amended by MENT.—The table of sections for chapter 5 of priation as authorized by law.’’.

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INSPECTOR GENERAL REPORT ON ‘‘(B) the extent to which the executive ties and residents located at or near the UNITED STATES POSTAL SERVICE agency believes that retention of the under- military installations identified pursuant to PROPERTY. utilized property serves the needs of the ex- subsection (a) testing of drinking water for (a) DEFINITION OF EXCESS PROPERTY.—In ecutive agency; the presence of perfluorooctanesulfonic acid this section, the term ‘‘excess property’’ has ‘‘(9) adopt workplace practices, configura- (PFOS) and perfluorooctanoic acid (PFOA) the meaning given the term in section 641 of tions, and management techniques that can above the current Lifetime Health Advisory title 40, United States Code, as added by sec- achieve increased levels of productivity and (LHA) limits. tion 2954. decrease the need for real property assets; (c) ACTIONS REQUIRED AT LOCATIONS WITH (b) EXCESS PROPERTY REPORT.—Not later ‘‘(10) assess leased space to identify space CONTAMINATION FOUND ABOVE LHA LIMITS.— than 2 years after the date of enactment of that is not fully used or occupied; If testing under subsection (b) identifies this Act, the Inspector General of the United ‘‘(11) on an annual basis and subject to the PFOS and PFOA contamination above LHA States Postal Service shall submit to Con- guidance of the Federal Property Council— limits at or around a military installation gress a report that includes— ‘‘(A) conduct an inventory of real property identified under subsection (a), the Sec- (1) a survey of excess property held by the under control of the executive agency; and retary of Defense shall— United States Postal Service; and ‘‘(B) make an assessment of each property, (1) notify local residents within 15 days of (2) recommendations for repurposing prop- which shall include— the test results; erty identified in paragraph (1)— (2) provide affected individuals with an al- ‘‘(i) the age and condition of the property; (A) to— ternative, uncontaminated drinking water ‘‘(ii) the size of the property in square foot- (i) reduce excess capacity; and source within 15 days of such results that age and acreage; (ii) increase collocation with other Federal shall remain available until a remediation ‘‘(iii) the geographical location of the prop- agencies; and plan is fully implemented; erty, including an address and description; (B) without diminishing the ability of the (3) develop and begin implementation of a ‘‘(iv) the extent to which the property is United States Postal Service to meet the remediation plan within 45 days of the re- being utilized; service standards established under section sults, unless such a plan is not technically ‘‘(v) the actual annual operating costs as- 3691 of title 39, United States Code, as in ef- feasible or is cost-prohibitive, in which case sociated with the property; fect on January 1, 2016. the Secretary may develop and implement a ‘‘(vi) the total cost of capital expenditures SEC. 2957. REPORTS ON UNITED STATES POSTAL plan to provide a permanent alternative incurred by the Federal Government associ- SERVICE FLEET MODERNIZATION. water supply to affected residents; and ated with the property; (a) GAO REPORT.—Not later than 1 year (4) provide public status reports on the ‘‘(vii) sustainability metrics associated after the date of enactment of this Act, the progress of implementation of the remedi- with the property; Comptroller General of the United States ation plan every 45 days until remediation is ‘‘(viii) the number of Federal employees shall study and submit to Congress a report complete. on— and contractor employees and functions (1) the feasibility of the United States housed at the property; SA 4341. Mr. CASEY submitted an Postal Service designing mail delivery vehi- ‘‘(ix) the extent to which the mission of amendment intended to be proposed by cles that are equipped for diverse geographic the executive agency is dependent on the property; him to the bill S. 2943, to authorize ap- conditions such as travel in rural areas and propriations for fiscal year 2017 for extreme weather conditions; and ‘‘(x) the estimated amount of capital ex- penditures projected to maintain and operate military activities of the Department (2) the feasibility and cost of the United of Defense, for military construction, States Postal Service integrating the use of the property during the 5-year period begin- collision-averting technology into its vehicle ning on the date of enactment of this para- and for defense activities of the De- fleet. graph; and partment of Energy, to prescribe mili- (b) POSTAL SERVICE REPORT.—Not later ‘‘(xi) any additional information required tary personnel strengths for such fiscal than 1 year after the date of enactment of by the Administrator of General Services to year, and for other purposes; which was this Act, the United States Postal Service carry out section 623; and ordered to lie on the table; as follows: ‘‘(12) provide to the Federal Property shall submit to Congress a report that in- At the end of section 1531, add the fol- Council and the Administrator of General cludes— lowing: Services the information described in para- (1) a review of the efforts of the United (c) AVAILABILITY OF FUNDS FOR COUNTERING graph (11)(B) to be used for the establish- States Postal Service relating to fleet re- MOVEMENT OF PRECURSOR MATERIALS.— ment and maintenance of the database de- placement and modernization; and (1) IN GENERAL.—Of the funds made avail- (2) a strategy for carrying out the fleet re- scribed in section 624.’’. able for the Joint Improvised Explosive De- placement and lifecycle plan of the United (b) DEFINITION OF EXECUTIVE AGENCY.—Sec- vice Defeat Fund for fiscal year 2017 by this States Postal Service. tion 524 of title 40, United States Code, is Act, up to $15,000,000 may be used by the Sec- SEC. 2958. SURPLUS PROPERTY DONATIONS TO amended by adding at the end the following: retary of Defense to provide assistance in the MUSEUMS. ‘‘(c) DEFINITION OF EXECUTIVE AGENCY.— form of training, equipment, supplies, and Section 549(c)(3)(B) of title 40, United For the purpose of paragraphs (6) through services to ministries and other govern- States Code, is amended by striking clause (12) of subsection (a), the term ‘executive mental entities of any country that the Sec- (vii) and inserting the following: agency’ shall have the meaning given the retary of Defense, with the concurrence of ‘‘(vii) a museum open to the public on a term ‘Federal agency’ in section 621.’’. the Secretary of State, has identified as crit- regularly scheduled weekly basis, and the ical for countering the movement of pre- hours of operation are, at a minimum, dur- SA 4340. Mr. CASEY submitted an cursor materials for improvised explosive de- ing normal business hours (as determined by amendment intended to be proposed by vices. Any such assistance shall be provided the Administrator);’’. him to the bill S. 2943, to authorize ap- for the purpose of countering the movement SEC. 2959. DUTIES OF FEDERAL AGENCIES. propriations for fiscal year 2017 for of such precursor materials. (a) IN GENERAL.—Section 524(a) of title 40, military activities of the Department (2) PROVISION THROUGH OTHER UNITED United States Code, is amended— of Defense, for military construction, STATES AGENCIES.—If agreed upon by the Sec- (1) in paragraph (4), by striking ‘‘and’’ at and for defense activities of the De- retary of Defense and the head of another de- the end; partment of Energy, to prescribe mili- partment or agency of the United States, the (2) in paragraph (5), by striking the period Secretary may transfer funds available at the end and inserting a semicolon; and tary personnel strengths for such fiscal under paragraph (1) to the head of such de- (3) by adding at the end the following: year, and for other purposes; which was partment or agency for the provision by such ‘‘(6) develop current and future workforce ordered to lie on the table; as follows: department or agency of assistance described projections so as to have the capacity to as- At the end of subtitle B of title III, add the in that paragraph to ministries and other sess the needs of the Federal workforce re- following: government entities of a country identified garding the use of real property; SEC. 306. ENVIRONMENTAL TESTING AND REME- under that paragraph. ‘‘(7) establish goals and policies that will DIATION AT MILITARY INSTALLA- (d) SENSE OF CONGRESS.—It is the sense of lead the executive agency to reduce excess TIONS WHERE AQUEOUS FILM Congress that the Department of Defense property and underutilized property in the FORMING FOAM HAS BEEN USED. should increase efforts to combat the use of inventory of the executive agency; (a) IDENTIFICATION OF POTENTIALLY CON- improvised explosive devices by the terrorist ‘‘(8) submit to the Federal Property Coun- TAMINATED SITES.—The Secretary of Defense group the Islamic State of Iraq and the Le- cil an annual report on all excess property shall direct the service secretaries to iden- vant (ISIL) and the illicit smuggling of im- that is real property and underutilized prop- tify and make publicly available a list of provised explosive device precursor mate- erty in the inventory of the executive agen- military installations located in the United rials by that terrorist group. cy, including— States where the fire extinguishing agent ‘‘(A) whether underutilized property can be Aqueous Film Forming Foam was or could SA 4342. Mr. UDALL submitted an better utilized, including through colloca- have been discharged. amendment intended to be proposed by tion with other executive agencies or con- (b) TESTING.—The Secretary of Defense him to the bill S. 2943, to authorize ap- solidation with other facilities; and shall make available to local water authori- propriations for fiscal year 2017 for

VerDate Sep 11 2014 05:19 May 27, 2016 Jkt 059060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.060 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3344 CONGRESSIONAL RECORD — SENATE May 26, 2016 military activities of the Department Navajo Nation, with respect to land depicted the Navajo Nation in accordance with this of Defense, for military construction, in green on the Map, may elect to have the subsection. Secretary of the Interior convey the parcel and for defense activities of the De- (c) RETENTION OF NECESSARY EASEMENTS or any portion of the parcel to it in re- partment of Energy, to prescribe mili- AND ACCESS.— stricted fee status. tary personnel strengths for such fiscal (1) RIGHTS-OF-WAY.—Entities operating on OTIFICATION OF ELECTION.—Not later (iii) N the land described herein, subject to prior year, and for other purposes; which was than 45 days after the date on which the Zuni ordered to lie on the table; as follows: easements and/or rights-of-way agreements, Tribe or the Navajo Nation receives notice shall be granted a one-time 30-year extension At the end of subtitle C of title XXVIII, under subparagraph (B) of the transfer of ad- add the following: of that agreement retroactive to the expira- ministrative jurisdiction over a parcel of tion of the prior agreement at existing com- SEC. 2826. RETURN OF CERTAIN LANDS AT FORT land of Former Fort Wingate Depot Activity, pensation rates and subject to current De- WINGATE TO THE ORIGINAL INHAB- the Zuni Tribe or the Navajo Nation shall ITANTS ACT. partment of Interior regulations concerning notify the Secretary of the Interior of an (a) SHORT TITLE.—This section may be easements and rights-of-ways. Compensation election under clause (ii) for conveyance of cited as the ‘‘Return of Certain Lands At for future rights-of-way agreements and/or Fort Wingate to The Original Inhabitants the parcel or any portion of the parcel in re- easements shall be negotiated between the Act’’. stricted fee status. parties based on prevailing market rates at (b) DIVISION AND TREATMENT OF LANDS OF (iv) CONVEYANCE.—As soon as practicable the time of the negotiation. FORMER FORT WINGATE DEPOT ACTIVITY, NEW after receipt of a notice from the Zuni Tribe (2) ACCESS FOR ENVIRONMENTAL RESPONSE MEXICO, TO BENEFIT THE ZUNI TRIBE AND NAV- or the Navajo Nation under clause (iii), but ACTIONS.—The lands of Former Fort Wingate AJO NATION.— in no case later than 6 months after receipt Depot Activity held in trust or conveyed in (1) IMMEDIATE TRUST ON BEHALF OF ZUNI of the notice, the Secretary of the Interior restricted fee status pursuant to subsection TRIBE; EXCEPTION.—Subject to valid existing shall convey, in restricted fee status, the (b) shall be subject to reserved access by the rights and to easements reserved pursuant to parcel of land of Former Fort Wingate Depot United States as the Secretary of the Army subsection (c), all right, title, and interest of Activity covered by the notice to the Zuni and the Secretary of the Interior determine the United States in and to the lands of Tribe or the Navajo Nation, as the case may are reasonably required to permit access to Former Fort Wingate Depot Activity de- be. lands of Former Fort Wingate Depot Activ- picted in dark blue on the map titled ‘‘The (v) RESTRICTED FEE STATUS DEFINED.—For ity for administrative and environmental re- Fort Wingate Depot Activity Negotiated purposes of this section only, the term ‘‘re- sponse purposes. The Secretary of the Army Property Division April 2016’’ (in this section stricted fee status’’, with respect to land shall provide to the governments of the Zuni referred to as the ‘‘Map’’) and transferred to conveyed under clause (iv), means that the Tribe and the Navajo Nation written copies the Secretary of the Interior are to be held land so conveyed— of all access reservations under this sub- in trust by the Secretary of the Interior for (I) shall be owned in fee by the Indian tribe section. the Zuni Tribe as part of the Zuni Reserva- to whom the land is conveyed; (3) SHARED ACCESS.— tion, unless the Zuni Tribe otherwise elects (II) shall be part of the Indian tribe’s Res- (A) PARCEL 1 SHARED CULTURAL AND RELI- under clause (ii) of paragraph (3)(C) to have ervation and expressly made subject to the GIOUS ACCESS.—In the case of the lands of the parcel conveyed to it in Restricted Fee jurisdiction of the Indian Tribe; Former Fort Wingate Depot Activity de- Status. (III) shall not be sold by the Indian tribe picted as Parcel 1 on the Map, the lands shall (2) IMMEDIATE TRUST ON BEHALF OF THE without the consent of Congress; be held in trust subject to a shared easement NAVAJO NATION; EXCEPTION.—Subject to valid (IV) shall not be subject to taxation by any for cultural and religious purposes only. existing rights and to easements reserved government other than the government of Both the Zuni Tribe and the Navajo Nation pursuant to subsection (c), all right, title, the Indian tribe; and shall have unhindered access to their respec- and interest of the United States in and to (V) shall not be subject to any provision of tive cultural and religious sites within Par- the lands of Former Fort Wingate Depot Ac- law providing for the review or approval by cel 1. Within 1 year after the date of the en- tivity depicted in dark green on the Map and the Secretary of the Interior before an In- actment of this section, the Zuni Tribe and transferred to the Secretary of the Interior dian tribe may use the land for any purpose, the Navajo Nation shall exchange detailed are to be held in trust by the Secretary of directly or through agreement with another information to document the existence of the Interior for the Navajo Nation as part of party. cultural and religious sites within Parcel 1 the Navajo Reservation, unless the Navajo (4) SURVEY AND BOUNDARY REQUIREMENTS.— for the purpose of carrying out this subpara- Nation otherwise elects under clause (ii) of (A) IN GENERAL.—The Secretary of the In- graph. The information shall also be pro- paragraph (3)(C) to have the parcel conveyed terior shall— vided to the Secretary of the Interior. to it in Restricted Fee Status. (i) provide for the survey of lands of (B) OTHER SHARED ACCESS.—Subject to the (3) SUBSEQUENT TRANSFER AND TRUST; RE- Former Fort Wingate Depot Activity taken written consent of both the Zuni Tribe and STRICTED FEE STATUS ALTERNATIVE.— into trust for the Zuni Tribe or the Navajo the Navajo Nation, the Secretary of the Inte- (A) TRANSFER UPON COMPLETION OF REMEDI- Nation or conveyed in restricted fee status rior may facilitate shared access to other ATION.—Not later than 60 days after the date for the Zuni Tribe or the Navajo Nation lands held in trust or restricted fee status on which the Secretary of the Army, with under paragraph (1), (2), or (3); and pursuant to subsection (b), including, but the concurrence of the New Mexico Environ- (ii) establish legal boundaries based on the not limited to, religious and cultural sites. ment Department, notifies the Secretary of Map as parcels are taken into trust or con- (4) I–40 FRONTAGE ROAD ENTRANCE.—The ac- the Interior that remediation of a parcel of veyed in restricted fee status. cess road for the Former Fort Wingate Depot land of Former Fort Wingate Depot Activity (B) CONSULTATION.—Not later than 90 days Activity, which originates at the frontage has been completed consistent with sub- after the date of the enactment of this sec- road for Interstate 40 and leads to the parcel section (d), the Secretary of the Army shall tion, the Secretary of the Interior shall con- of the Former Fort Wingate Depot Activity transfer administrative jurisdiction over the sult with the Zuni Tribe and the Navajo Na- depicted as ‘‘administration area’’ on the parcel to the Secretary of the Interior. tion to determine their priorities regarding Map, shall be held in common by the Zuni (B) NOTIFICATION OF TRANSFER.—Not later the order in which parcels should be sur- Tribe and Navajo Nation to provide for equal than 30 days after the date on which the Sec- veyed and, to the greatest extent feasible, access to Former Fort Wingate Depot Activ- retary of the Army transfers administrative the Secretary shall follow these priorities. ity. jurisdiction over a parcel of land of Former (5) RELATION TO CERTAIN REGULATIONS.— (5) COMPATIBILITY WITH DEFENSE ACTIVI- Fort Wingate Depot Activity under subpara- Part 151 of title 25, Code of Federal Regula- TIES.—The lands of Former Fort Wingate graph (A), the Secretary of the Interior shall tions, shall not apply to taking lands of Depot Activity held in trust or conveyed in notify the Zuni Tribe and Navajo Nation of Former Fort Wingate Depot Activity into restricted fee status pursuant to subsection the transfer of administrative jurisdiction trust under paragraph (1), (2), or (3). (b) shall be subject to reservations by the over the parcel. (6) FORT WINGATE LAUNCH COMPLEX LAND United States as the Secretary of Defense de- (C) TRUST OR RESTRICTED FEE STATUS.— STATUS.—Upon certification by the Secretary termines are reasonably required to permit (i) TRUST.—Except as provided in clause of Defense that the area generally depicted access to lands of the Fort Wingate launch (ii), the Secretary of the Interior shall hold as ‘‘Fort Wingate Launch Complex’’ on the complex for administrative, test operations, each parcel of land of Former Fort Wingate Map is no longer required for military pur- and launch operations purposes. The Sec- Depot Activity transferred under subpara- poses and can be transferred to the Secretary retary of Defense shall provide the govern- graph (A) in trust— of the Interior— ments of the Zuni Tribe and the Navajo Na- (I) for the Zuni Tribe, in the case of land (A) the areas generally depicted as ‘‘FWLC tion written copies of all reservations under depicted in blue on the Map; or A’’ and ‘‘FWLC B’’ on the Map shall be held this paragraph. (II) for the Navajo Nation, in the case of in trust by the Secretary of the Interior for land depicted in green on the Map. the Zuni Tribe in accordance with this sub- (d) ENVIRONMENTAL REMEDIATION.—Nothing (ii) RESTRICTED FEE STATUS.—In lieu of section; and in this section shall be construed as alle- having a parcel of land held in trust under (B) the areas generally depicted as ‘‘FWLC viating, altering, or affecting the responsi- clause (i), the Zuni Tribe, with respect to C’’ and ‘‘FWLC D’’ on the Map shall be held bility of the United States for cleanup and land depicted in blue on the Map, and the in trust by the Secretary of the Interior for remediation of Former Fort Wingate Depot

VerDate Sep 11 2014 05:19 May 27, 2016 Jkt 059060 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.061 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3345 Activity in accordance with the Comprehen- (3) significantly enhance joint military op- on foreign government information warfare sive Environmental Response, Compensa- erations, including maritime security, efforts, including information provided by tion, and Liability Act of 1980. counter-piracy, counter-terror cooperation, recipients of information access fund grants and domain awareness in the Indo-Asia-Pa- awarded under subsection (e) and other SA 4343. Mr. CARDIN submitted an cific region. sources; amendment intended to be proposed by (2) to establish a process for the integra- him to the bill S. 2943, to authorize ap- SA 4345. Mr. LEE submitted an tion of relevant information on foreign prop- propriations for fiscal year 2017 for amendment intended to be proposed by aganda and disinformation efforts into the military activities of the Department him to the bill S. 2943, to authorize ap- development of national strategy; and of Defense, for military construction, propriations for fiscal year 2017 for (3) to develop, plan, and synchronize, in co- military activities of the Department ordination with the Secretary of Defense, and for defense activities of the De- the Broadcasting Board of Governors, and partment of Energy, to prescribe mili- of Defense, for military construction, other relevant departments and agencies, tary personnel strengths for such fiscal and for defense activities of the De- interagency initiatives to expose and year, and for other purposes; which was partment of Energy, to prescribe mili- counter foreign information operations di- ordered to lie on the table; as follows: tary personnel strengths for such fiscal rected against United States national secu- At the end of subtitle E of title V of divi- year, and for other purposes; which was rity interests and proactively advance fact- sion A, add the following: ordered to lie on the table; as follows: based narratives that support United States allies and interests. SEC. 565. REPORT ON AVAILABILITY OF COLLEGE Strike section 1221. CREDIT FOR SKILLS ACQUIRED DUR- (b) FUNCTIONS.—The Center shall carry out the following functions: ING MILITARY SERVICE. SA 4346. Mr. PORTMAN (for himself Not later than 1 year after the date of en- (1) Integrating interagency efforts to track and Mr. MURPHY) submitted an amend- actment of this Act, the Secretary of De- and evaluate counterfactual narratives fense, in consultation with the Secretaries of ment intended to be proposed by him abroad that threaten the national security Veterans Affairs, Education, and Labor, to the bill S. 2943, to authorize appro- interests of the United States and United shall submit to Congress a report on the priations for fiscal year 2017 for mili- States allies, subject to appropriate regula- transfer of skills into equivalent college tary activities of the Department of tions governing the dissemination of classi- credits or technical certifications for mem- Defense, for military construction, and fied information and programs. bers of the Armed Forces leaving the mili- (2) Analyzing relevant information from for defense activities of the Depart- United States Government agencies, allied tary. Such report shall describe each of the ment of Energy, to prescribe military following: nations, think-tanks, academic institutions, (1) The ability of service members to re- personnel strengths for such fiscal civil society groups, and other nongovern- ceive transfer credit or technical certifi- year, and for other purposes; which was mental organizations. cations for military experience, including ordered to lie on the table; as follows: (3) Developing and disseminating thematic skills acquired during military service or At the end of title XII, add the following: narratives and analysis to counter propa- training performed in the course of per- ganda and disinformation directed at United Subtitle I—Countering Foreign Propaganda States allies and partners in order to safe- forming military duties. and Disinformation Act (2) An evaluation of those schools that do guard United States allies and interests. SEC. 1281. SENSE OF CONGRESS. (4) Identifying current and emerging trends provide such credit, the type and amount of It is the sense of Congress that— credit provided, whether the number of in foreign propaganda and disinformation, (1) foreign governments, including the Gov- including the use of print, broadcast, online schools providing such credit could be ex- ernments of the Russian Federation and the panded, and obstacles to such expansion. and social media, support for third-party People’s Republic of China, use outlets such as think tanks, political par- (3) A listing of civilian career fields best disinformation and other propaganda tools ties, and nongovernmental organizations, in suited for the certifications and training ob- to undermine the national security objec- order to coordinate and shape the develop- tained by technically-trained service mem- tives of the United States and key allies and ment of tactics, techniques, and procedures bers during their time in the Armed Forces. partners; to expose and refute foreign misinformation (4) The number of veterans who were able (2) the Russian Federation, in particular, and disinformation and proactively promote to receive equivalent college credits or tech- has conducted sophisticated and large-scale fact-based narratives and policies to audi- nical certifications in the last fiscal year, disinformation campaigns that have sought ences outside the United States. and the academic level of the credits or cer- to have a destabilizing effect on United (5) Facilitating the use of a wide range of tifications. States allies and interests; information-related technologies and tech- SA 4344. Mr. SULLIVAN (for himself, (3) in the last decade disinformation has niques to counter foreign disinformation by increasingly become a key feature of the sharing expertise among agencies, seeking Mr. WARNER, Mr. CORNYN, and Mr. Government of the Russian Federation’s pur- expertise from external sources, and imple- KIRK) submitted an amendment in- suit of political, economic, and military ob- menting best practices. tended to be proposed by him to the jectives in Ukraine, Moldova, Georgia, the (6) Identifying gaps in United States capa- bill S. 2943, to authorize appropriations Balkans, and throughout Central and East- bilities in areas relevant to the Center’s mis- for fiscal year 2017 for military activi- ern Europe; sion and recommending necessary enhance- ties of the Department of Defense, for (4) the challenge of countering ments or changes. military construction, and for defense disinformation extends beyond effective (7) Identifying the countries and popu- activities of the Department of Energy, strategic communications and public diplo- lations most susceptible to foreign govern- macy, requiring a whole-of-government ap- to prescribe military personnel ment propaganda and disinformation. proach leveraging all elements of national (8) Administering the information access strengths for such fiscal year, and for power; fund established pursuant to subsection (e). other purposes; which was ordered to (5) the United States Government should (9) Coordinating with allied and partner lie on the table; as follows: develop a comprehensive strategy to counter nations, particularly those frequently tar- At the end of subtitle F of title XII, add foreign disinformation and propaganda and geted by foreign disinformation operations, the following: assert leadership in developing a fact-based and international organizations and entities SEC. 1247. MILITARY-TO-MILITARY EXCHANGES strategic narrative; and such as the NATO Center of Excellence on WITH INDIA. (6) an important element of this strategy Strategic Communications, the European To enhance military cooperation and en- should be to protect and promote a free, Endowment for Democracy, and the Euro- courage engagement in joint military oper- healthy, and independent press in countries pean External Action Service Task Force on ations between the United States and India, vulnerable to foreign disinformation. Strategic Communications, in order to am- the Secretary of Defense may take appro- SEC. 1282. CENTER FOR INFORMATION ANALYSIS plify the Center’s efforts and avoid duplica- priate actions to ensure that exchanges be- AND RESPONSE. tion. tween senior military officers and senior ci- (a) ESTABLISHMENT.—Not later than 180 (c) COMPOSITION.— vilian defense officials of the Government of days after the date of the enactment of this (1) COORDINATOR.—The Secretary of State India and the United States Government— Act, the Secretary of State shall, in coordi- shall appoint a full-time Coordinator to lead (1) are at a level appropriate to enhance nation with the Secretary of Defense, the the Center. engagement between the militaries of the Broadcasting Board of Governors, and other (2) STEERING COMMITTEE.— two countries for developing threat analysis, relevant departments and agencies, establish (A) COMPOSITION.—The Secretary of State military doctrine, force planning, logistical a Center for Information Analysis and Re- shall establish a Steering Committee com- support, intelligence collection and analysis, sponse (in this section referred to as the posed of senior representatives of agencies tactics, techniques, and procedures, and hu- ‘‘Center’’). The purposes of the Center are— relevant to the Center’s mission to provide manitarian assistance and disaster relief; (1) to coordinate the sharing with relevant advice to the Secretary on the operations (2) include exchanges of general and flag government agencies of information, subject and strategic orientation of the Center and officers; and to the appropriate classification guidelines, to ensure adequate support for the Center.

VerDate Sep 11 2014 05:19 May 27, 2016 Jkt 059060 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.061 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3346 CONGRESSIONAL RECORD — SENATE May 26, 2016 The Steering Committee shall include the of- warfare with respect to disinformation, mis- At the end of subtitle I of title X, add the ficials set forth in subparagraph (C), one sen- information, and propaganda. following: ior representative designated by the Sec- (D) To support efforts by the Center to SEC. 1097. PETERSBURG NATIONAL BATTLEFIELD retary of Defense, the Chairman of the Joint counter efforts by foreign governments to BOUNDARY MODIFICATION. Chiefs of Staff, the Administrator of the use disinformation, misinformation, and (a) IN GENERAL.—The boundary of the Pe- United States Agency for International De- propaganda to influence the policies and so- tersburg National Battlefield is modified to velopment, and the Chairman of the Broad- cial and political stability of the United include the land and interests in land as gen- casting Board of Governors. States and United States allies and partners. erally depicted on the map titled ‘‘Peters- (B) MEETINGS.—The Steering Committee (2) FUNDING AVAILABILITY AND LIMITA- burg National Battlefield Boundary Expan- shall meet not less than every 3 months. TIONS.—All organizations that apply to re- sion’’, numbered 325/80,080, and dated March (C) CHAIRMAN AND VICE CHAIRMEN.—The ceive funds under this subsection must un- 2015. The map shall be on file and available Steering Committee shall be chaired by the dergo a vetting process in accordance with for public inspection in the appropriate of- Under Secretary of State for Political Af- the relevant existing regulations to ensure fices of the National Park Service. fairs. A senior, Secretary of State-designated their bona fides, capability, and experience, (b) ACQUISITION OF PROPERTIES.— official responsible for digital media pro- and their compatibility with United States (1) IN GENERAL.—The Secretary of the Inte- gramming for foreign audiences and a senior, interests and objectives. rior (referred to in this section as the ‘‘Sec- Secretary of Defense-designated official re- (3) OFFSET.—Savings derived from pro- retary’’) is authorized to acquire the land sponsible for information operations shall jected bulk fuel cost savings in the operation and interests in land, described in subsection serve as co-Vice Chairmen. and maintenance, Defense-wide account (a), from willing sellers only, by donation, (D) EXECUTIVE SECRETARY.—The Coordi- shall be made available to cover the appro- purchase with donated or appropriated funds, nator of the Center shall serve as Executive priation authorized in paragraph (1). exchange, or transfer. Secretary of the Steering Committee. SEC. 1283. INCLUSION IN DEPARTMENT OF STATE (2) TECHNICAL AMENDMENT.—Section 313(a) (E) PARTICIPATION AND INDEPENDENCE.—The EDUCATION AND CULTURAL EX- of the National Parks and Recreation Act of Chairman of the Broadcasting Board of Gov- CHANGE PROGRAMS OF FOREIGN 1978 (Public Law 95–625; 92 Stat. 3479) is ernors shall not compromise the journalistic STUDENTS AND COMMUNITY LEAD- amended by striking ‘‘twenty-one’’ and in- freedom or integrity of relevant media orga- ERS FROM COUNTRIES AND POPU- serting ‘‘twenty-five’’. LATIONS SUSCEPTIBLE TO FOREIGN (c) ADMINISTRATION.—The Secretary shall nizations. Other Federal agencies may be in- MANIPULATION. vited to participate in the Steering Com- administer any land or interests in land ac- When selecting participants for United quired under subsection (b) as part of the Pe- mittee at the discretion of the Chairman of States educational and cultural exchange the Steering Committee and with the con- tersburg National Battlefield in accordance programs, the Secretary of State shall give with applicable laws and regulations. sent of the Secretary of State. special consideration to students and com- (d) ADMINISTRATIVE JURISDICTION TRANS- (d) STAFF.— munity leaders from populations and coun- FER.— (1) IN GENERAL.—The Chairman may, with tries the Secretary deems vulnerable to for- (1) IN GENERAL.—There is transferred— the consent of the Secretary and without re- eign propaganda and disinformation cam- (A) from the Secretary to the Secretary of gard to the civil service laws and regula- paigns. the Army administrative jurisdiction over tions, appoint and terminate a Director and SEC. 1284. REPORTS. the approximately 1.170-acre parcel of land such other additional personnel as may be (a) IN GENERAL.—Not later than one year depicted as ‘‘Area to be transferred to Fort necessary to enable the Center to carry out after the establishment of the Center, the Lee Military Reservation’’ on the map de- its functions. The employment of the Direc- Secretary of State shall, in coordination scribed in paragraph (2); and tor shall be subject to confirmation by the with the Secretary of Defense and the Sec- (B) from the Secretary of the Army to the Steering Committee. retary of Homeland Security, submit to the Secretary administrative jurisdiction over (2) COMPENSATION.—The Chairman may fix appropriate congressional committees a re- the approximately 1.171-acre parcel of land the compensation of the Director and other port evaluating the success of the Center in depicted as ‘‘Area to be transferred to Pe- fulfilling the purposes for which it was au- personnel without regard to chapter 51 and tersburg National Battlefield’’ on the map thorized and outlining steps to improve any subchapter III of chapter 53 of title 5, United described in paragraph (2). areas of deficiency. States Code, relating to classification of po- (2) MAP.—The land transferred is depicted (b) APPROPRIATE CONGRESSIONAL COMMIT- sitions and General Schedule pay rates, ex- on the map titled ‘‘Petersburg National Bat- TEES DEFINED.—In this section, the term cept that the rate of pay for the executive di- tlefield Proposed Transfer of Administrative rector and other personnel may not exceed ‘‘appropriate congressional committees’’ means— Jurisdiction’’, numbered 325/80,801A, dated the rate payable for level V of the Executive May 2011. The map shall be on file and avail- Schedule under section 5316 of that title. (1) the Committee on Foreign Relations, the Committee on Armed Services, and the able for public inspection in the appropriate (3) DETAIL OF GOVERNMENT EMPLOYEES.— offices of the National Park Service. Any Federal Government employee may be Committee on Homeland Security and Gov- ernmental Affairs of the Senate; and (3) CONDITIONS OF TRANSFER.—The transfer detailed to the Center without reimburse- of administrative jurisdiction under para- ment, and such detail shall be without inter- (2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Com- graph (1) is subject to the following condi- ruption or loss of civil service status or tions: privilege. mittee on Homeland Security of the House of Representatives. (A) NO REIMBURSEMENT OR CONSIDER- (4) PROCUREMENT OF TEMPORARY AND INTER- ATION.—The transfer is without reimburse- MITTENT SERVICES.—The Chairman may pro- SEC. 1285. TERMINATION OF CENTER AND STEER- ING COMMITTEE. ment or consideration. cure temporary and intermittent services (B) MANAGEMENT.—The land conveyed to under section 3109(b) of title 5, United States The Center for Information Analysis and Response and the Steering Committee shall the Secretary under paragraph (1) shall be Code, at rates for individuals which do not terminate ten years after the date of the en- included within the boundary of the Peters- exceed the daily equivalent of the annual actment of this Act. burg National Battlefield and shall be ad- rate of basic pay prescribed for level V of the ministered as part of that park in accord- Executive Schedule under section 5316 of SEC. 1286. RULE OF CONSTRUCTION REGARDING RELATIONSHIP TO INTELLIGENCE ance with applicable laws and regulations. that title. AUTHORITIES AND ACTIVITIES. (e) INFORMATION ACCESS FUND.— Nothing in this Act shall be construed as SA 4348. Ms. BALDWIN submitted an (1) AUTHORIZATION OF APPROPRIATIONS.— superseding or modifying any existing au- amendment intended to be proposed by There is authorized to be appropriated to the thorities governing the collection, sharing, her to the bill S. 2943, to authorize ap- Secretary of State for fiscal years 2017 and and implementation of intelligence programs propriations for fiscal year 2017 for 2018 $40,000,000 to support the Center and pro- and activities or existing regulations gov- military activities of the Department vide grants or contracts of financial support erning the sharing of classified information to civil society groups, journalists, non- and programs. of Defense, for military construction, governmental organizations, federally fund- and for defense activities of the De- ed research and development centers, private SA 4347. Mr. KAINE (for himself and partment of Energy, to prescribe mili- companies, or academic institutions for the Mr. WARNER) submitted an amendment tary personnel strengths for such fiscal following purposes: intended to be proposed by him to the year, and for other purposes; which was (A) To support local independent media bill S. 2943, to authorize appropriations ordered to lie on the table; as follows: who are best placed to refute foreign for fiscal year 2017 for military activi- At the end of subtitle B of title II, add the disinformation and manipulation in their ties of the Department of Defense, for following: own communities. military construction, and for defense SEC. 221. REPORT ON NATIONAL SECURITY IM- (B) To collect and store examples in print, PLICATIONS OF INDEPENDENT RE- online, and social media, disinformation, activities of the Department of Energy, to prescribe military personnel SEARCH AND DEVELOPMENT IN- misinformation, and propaganda directed at VESTMENTS WITHIN THE DEFENSE the United States and its allies and partners. strengths for such fiscal year, and for INDUSTRY. (C) To analyze tactics, techniques, and pro- other purposes; which was ordered to Not later than 180 days after the date of cedures of foreign government information lie on the table; as follows: the enactment of this Act, the Secretary of

VerDate Sep 11 2014 05:19 May 27, 2016 Jkt 059060 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.063 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3347 Defense shall submit to the congressional de- passenger, or pedestrian initiated anywhere agencies and the use of law enforcement re- fense committees a report on the national except as part of an inspection at a port of sources such as canines. security implications of independent re- entry or checkpoint. (d) COMPILATION OF DATA.— search and development investments within (5) PRIMARY INSPECTION.—The term ‘‘pri- (1) DEPARTMENT OF HOMELAND SECURITY the defense industry. The report shall in- mary inspection’’ means an initial inspec- LAW ENFORCEMENT OFFICIALS.—The Secretary clude the following: tion of a vehicle or individual at a check- of Homeland Security shall compile the (1) An assessment of the short-term and point. data— long-term implications for the national secu- (6) SECONDARY INSPECTION.—The term ‘‘sec- (A) collected under subsection (b) by offi- rity of the United States with respect to in- ondary inspection’’ means a further inspec- cers of U.S. Immigration and Customs En- novation, modernization, and technological tion of a vehicle or individual that is con- forcement and by officers of U.S. Customs superiority resulting from low levels of inde- ducted following a primary inspection. and Border Protection; and pendent research and development invest- (b) REQUIREMENT FOR DATA COLLECTION RE- (B) collected under subsection (c) by the ment within the defense industry. GARDING STOPS AND SEARCHES INTENDED TO Commissioner of U.S. Customs and Border (2) For fiscal years 2015 and 2016, an anal- ENFORCE BORDER SECURITY.—A law enforce- Protection. ysis of how firms in the defense industry ment official who initiates a patrol stop or (2) OTHER LAW ENFORCEMENT OFFICIALS.— have allocated corporate earnings, including who detains any individual beyond a brief The head of each agency, department, or a breakdown by allocation types such as— and limited inquiry during a primary inspec- other entity that employs law enforcement (A) investments in research and develop- tion, including by referral to a secondary in- officials other than officers referred to in ment, labor force, or capital improvements; spection or by conducting a search of the ve- paragraph (1) shall— (B) merger or acquisition activities; or hicle or its occupants, shall collect the fol- (A) compile the data collected by such law (C) activities to primarily increase share- lowing data: enforcement officials pursuant to subsection holder value. (1) The date, time, and location of the con- (b); and (3) An assessment whether regulations and tact. (B) submit the compiled data to the Sec- acquisition policies of the Department of De- (2) The surname and date of birth of the in- retary of Homeland Security. fense provide incentives for firms in the de- dividual subject to the contact. (e) USE OF DATA.—The Secretary of Home- fense industry to place a priority on short- (3) The law enforcement official’s basis for, land Security shall consider the data com- term targets for earnings-per-share rather or circumstances surrounding, the action, in- piled under subsection (d) in making policy than on long-term capital investments. cluding if such individual’s perceived race or and program decisions related to enforce- (4) Such recommendations for legislative ethnicity contributed to such basis. ment of border security. or administrative action as the Secretary (4) The identifying characteristics of such (f) ANNUAL REPORT.— considers appropriate to encourage, facili- individual, including the individual’s per- (1) REQUIREMENT.—Not later than one year tate, and enhance independent research and ceived race, gender, ethnicity, and approxi- after the effective date of this Act, and annu- development investments within the defense mate age. ally thereafter, the Secretary of Homeland industry, and to spur innovation within the (5) The duration of the stop, detention, or Security shall submit to Congress a report defense industry. search, whether consent was requested and on the data compiled under subsection (d) obtained for detention and any search, and Mrs. GILLIBRAND sub- that includes all such data for the previous SA 4349. the name of the person who provided such year. mitted an amendment intended to be consent. (2) AVAILABILITY.—Each report submitted proposed by her to the bill S. 2943, to (6) A description of any articulable facts under paragraph (1) shall be made available authorize appropriations for fiscal year and behavior by the individual that justify to the public, except for particular data if 2017 for military activities of the De- initiating a stop or probable cause to justify the Secretary explicitly invokes an exemp- partment of Defense, for military con- any search pursuant to such contact. tion contained in paragraphs (1) through (9) struction, and for defense activities of (7) A description of any items seized during of section 552(b) of title 5, United States the Department of Energy, to prescribe such search, including contraband or money, Code, and provides a written explanation for and a specification of the type of search con- the exemption’s applicability. military personnel strengths for such ducted. fiscal year, and for other purposes; (g) EFFECTIVE DATE.—This section shall (8) Whether any warning or citation was take effect 60 days after the date of the en- which was ordered to lie on the table; issued as a result of such contact and the actment of this Act. as follows: basis for such warning or citation. At the end of subtitle I of title X, add the (9) Whether an arrest or detention was SA 4350. Mr. WARNER (for himself, following: made as a result of such contact, the jus- Mr. CARPER, and Mr. COONS) submitted SEC. 1097. BORDER SECURITY ENFORCEMENT tification for such arrest or detention, and an amendment intended to be proposed TRANSPARENCY. the ultimate disposition of such arrest. (a) DEFINITIONS.—In this section (10) Whether the affected individual is un- by him to the bill S. 2943, to authorize (1) BORDER SECURITY.—The term ‘‘border dergoing immigration proceedings as of the appropriations for fiscal year 2017 for security’’ means the prevention of unlawful date of the annual report. military activities of the Department entries into the United States, including en- (11) The immigration status of the indi- of Defense, for military construction, tries by terrorists, other unlawful aliens, in- vidual and whether removal proceedings and for defense activities of the De- struments of terrorism, narcotics, and other were subsequently initiated against the indi- partment of Energy, to prescribe mili- contraband. vidual. tary personnel strengths for such fiscal (2) CHECKPOINT.—The term ‘‘checkpoint’’ (12) Whether force was used by the law en- year, and for other purposes; which was means a location— forcement official and if so, the type of force (A) where vehicles or individuals traveling and justification for using force ordered to lie on the table; as follows: through the location are stopped or boarded (13) Whether any complaint was made by At the end of subtitle B of title III, add the by an officer of U.S. Customs and Border the individual, and if so whether there was following: Protection for the purposes of enforcement any follow-up made regarding the complaint. SEC. 306. ENERGY PREPAREDNESS FOR THE DE- of United States laws and regulations; and (14) The badge number of the law enforce- PARTMENT OF DEFENSE AND THE (B) that is not located at a port of entry ment official involved in the complaint. ARMED FORCES. along an international border of the United (15) If the action was initiated by a State (a) STATEMENT OF POLICY.—It shall be the States. or local law enforcement agency, the reason policy of the Department of Defense and the (3) LAW ENFORCEMENT OFFICIAL.—The term for involvement of a Federal law enforce- Armed Forces to ensure the readiness of the ‘‘law enforcement official’’ means— ment official, the duration of the stop prior Armed Forces for their military missions by (A) an officer or agent of U.S. Customs and to contact with any Federal law enforcement pursuing energy preparedness, including reli- Border Protection; official, the method by which a Federal law able sources of electric power and the effi- (B) an officer or agent of U.S. Immigration enforcement official was informed of the cient use of electric power. and Customs Enforcement; or stop, and whether the individual was being (b) AUTHORITIES.—In order to achieve the (C) an officer or employee of a State or a held by State or local officials on State policy set forth in subsection (a), the Sec- political subdivision of a State who is car- criminal charges at the time of such contact. retary of Defense may take the actions as rying out the functions of an immigration (c) REQUIREMENT FOR U.S. CUSTOMS AND follows: officer pursuant to an agreement entered BORDER PROTECTION DATA COLLECTION RE- (1) ELECTRIC POWER RELIABILITY PLANS FOR into under section 287(g) of the Immigration GARDING CHECKPOINTS.—The Commissioner of MILITARY INSTALLATIONS.—The Secretary and Nationality Act (8 U.S.C. 1357(g)), pursu- U.S. Customs and Border Protection shall may require the service secretaries to estab- ant to authorization under title IV of the collect data on the number of permanent and lish and maintain electric power reliability Tariff Act of 1930 (19 U.S.C. 1401 et seq.), or temporary checkpoints utilized by officers of plans that best meet their installations’ mis- pursuant to any other agreement with the U.S. Customs and Border Protection, the lo- sion assurance guidelines. Department of Homeland Security. cation of each such checkpoint, and a de- (2) RELIABILITY OF ELECTRIC POWER AND (4) PATROL STOP.—The term ‘‘patrol stop’’ scription of each such checkpoint, including COST OF BACKUP POWER AS FACTORS IN PRO- means seizure or interrogation of a motorist, the presence of any other law enforcement CUREMENT.—The Secretary may authorize

VerDate Sep 11 2014 05:19 May 27, 2016 Jkt 059060 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.063 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3348 CONGRESSIONAL RECORD — SENATE May 26, 2016 the use of reliability and the cost of backup SECTION 1097. AUTHORIZATION OF THE OFFICE ‘‘(I) The Department’s plan to leverage new power as factors in the cost-benefit analysis FOR PARTNERSHIPS AGAINST VIO- and existing Internet and other technologies for procurement of electric power. LENT EXTREMISM OF THE DEPART- and social media platforms to improve non- MENT OF HOMELAND SECURITY. government efforts to counter violent extre- (a) IN GENERAL.—The Homeland Security SA 4351. Mr. REID (for Mr. mism, as well as the best practices and les- Act of 2002 (6 U.S.C. 101 et seq.) is amended— BLUMENTHAL) submitted an amendment sons learned from other Federal, State, (1) by inserting after section 801 the fol- local, tribal, territorial, and foreign partners intended to be proposed by Mr. Reid to lowing: the bill S. 2943, to authorize appropria- engaged in similar counter-messaging ef- ‘‘SEC. 802. OFFICE FOR PARTNERSHIPS AGAINST forts. tions for fiscal year 2017 for military VIOLENT EXTREMISM. ‘‘(II) The Department’s countering violent activities of the Department of De- ‘‘(a) DEFINITIONS.—In this section: extremism-related engagement efforts. fense, for military construction, and ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- ‘‘(III) The use of cooperative agreements for defense activities of the Depart- trator’ means the Administrator of the Fed- eral Emergency Management Agency. with State, local, tribal, territorial, and ment of Energy, to prescribe military other Federal departments and agencies re- personnel strengths for such fiscal ‘‘(2) ASSISTANT SECRETARY.—The term ‘As- sistant Secretary’ means the Assistant Sec- sponsible for efforts relating to countering year, and for other purposes; which was retary for Partnerships Against Violent Ex- violent extremism. ordered to lie on the table; as follows: tremism designated under subsection (c). ‘‘(vi) Coordinating with the Office for Civil After section 536, insert the following: ‘‘(3) COUNTERING VIOLENT EXTREMISM.—The Rights and Civil Liberties of the Department SEC. 536A. INDEXING AND PUBLIC AVAILABILITY term ‘countering violent extremism’ means to ensure all of the activities of the Depart- OF DECISIONS AND OTHER DOCU- proactive and relevant actions to counter re- ment related to countering violent extre- MENTS IN CONNECTION WITH AC- cruitment, radicalization, and mobilization mism fully respect the privacy, civil rights, TIONS OF BOARDS FOR THE COR- to violence and to address the immediate and civil liberties of all persons. RECTION OF MILITARY RECORDS. factors that lead to violent extremism and ‘‘(vii) In coordination with the Under Sec- Section 1552(a) of title 10, United States radicalization. retary for Science and Technology and in Code, as amended by section 536(a)(1) of this ‘‘(4) DOMESTIC TERRORISM; INTERNATIONAL consultation with the Under Secretary for Act, is further amended— TERRORISM.—The terms ‘domestic terrorism’ Intelligence and Analysis, identifying and (1) by redesignating paragraphs (4) and (5) and ‘international terrorism’ have the mean- recommending new empirical research and as paragraphs (5) and (6), respectively; and ings given those terms in section 2331 of title analysis requirements to ensure the dissemi- (2) by inserting after paragraph (3) the fol- 18, United States Code. nation of information and methods for Fed- lowing new paragraph (4): ‘‘(5) RADICALIZATION.—The term eral, State, local, tribal, and territorial ‘‘(4)(A) The record of the votes of each ‘radicalization’ means the process by which countering violent extremism practitioners, board under this section, and all other state- an individual chooses to facilitate or commit officials, law enforcement personnel, and ments of findings, conclusions, and rec- domestic terrorism or international ter- non-governmental partners to utilize such ommendations made on final determinations rorism. research and analysis. of applications by such board, shall be in- ‘‘(6) VIOLENT EXTREMISM.—The term ‘vio- ‘‘(viii) Assessing the methods used by vio- dexed and promptly made available for pub- lent extremism’ means international or do- lent extremists to disseminate propaganda lic inspection and copying at the Armed mestic terrorism. and messaging to communities at risk for re- Forces Discharge Review/Correction Boards ‘‘(b) ESTABLISHMENT.—There is in the De- cruitment by violent extremists. Reading Room located on the Concourse of partment an Office for Partnerships Against ‘‘(B) Developing a digital engagement the Pentagon Building in Room 2E123, Wash- Violent Extremism. strategy that expands the outreach efforts of ington, DC. ‘‘(c) HEAD OF OFFICE.—The Office for Part- the Department to counter violent extremist ‘‘(B) Any documents made available for nerships Against Violent Extremism shall be messaging by— public inspection and copying pursuant to headed by an Assistant Secretary for Part- ‘‘(i) exploring ways to utilize relevant subparagraph (A) shall be indexed in a usable nerships Against Violent Extremism, who Internet and other technologies and social and concise form so as to enable the public shall be designated by the Secretary and re- media platforms; and to identify cases similar in issue together port directly to the Secretary. with the circumstances under or reasons for ‘‘(ii) maximizing other resources available ‘‘(d) DEPUTY ASSISTANT SECRETARY; AS- to the Department. which the board concerned granted or denied SIGNMENT OF PERSONNEL.—The Secretary relief. Each index shall be published quar- ‘‘(C) Serving as the primary representative shall— of the Department in coordinating coun- terly, and shall be available for public in- ‘‘(1) designate a career Deputy Assistant spection and distribution by sale at the tering violent extremism efforts with other Secretary for Partnerships Against Violent Federal departments and agencies and non- Reading Room referred to in subparagraph Extremism; and (A). governmental organizations. ‘‘(2) assign or hire, as appropriate, perma- ‘‘(D) Serving as the primary Department- ‘‘(C) To the extent necessary to prevent a nent staff to the Office for Partnerships clearly unwarranted invasion of personal pri- level representative in coordinating with the Against Violent Extremism. Department of State on international coun- vacy, the following shall be deleted from ‘‘(e) RESPONSIBILITIES.— tering violent extremism issues. documents made available for public inspec- ‘‘(1) IN GENERAL.—The Assistant Secretary ‘‘(E) In coordination with the Adminis- tion and copying pursuant to subparagraph shall be responsible for the following: trator, providing guidance regarding the use (A): ‘‘(A) Leading the efforts of the Department of grants made to State, local, and tribal ‘‘(i) Identifying details of applicants and to counter violent extremism across all the governments under sections 2003 and 2004 other persons. components and offices of the Department under the allowable uses guidelines related ‘‘(ii) Names, addresses, social security that conduct strategic and supportive efforts to countering violent extremism. numbers, and military service numbers. to counter violent extremism. Such efforts ‘‘(F) Developing a plan to expand philan- ‘‘(iii) Subject to subparagraph (D), other shall include the following: thropic support for domestic efforts related information that is privileged or classified. ‘‘(i) Partnering with communities to ad- to countering violent extremism, including ‘‘(D) Information that is privileged or clas- dress vulnerabilities that can be exploited by by identifying viable community projects sified may be deleted pursuant to subpara- violent extremists in the United States and and needs for possible philanthropic support. graph (C)(iii) from documents made avail- explore potential remedies for Government ‘‘(2) COMMUNITIES AT RISK.—For purposes of able for public inspection and copying pursu- and non-government institutions. this subsection, the term ‘communities at ant to subparagraph (A) only if a written ‘‘(ii) Working with civil society groups and risk’ shall not include a community that is statement of the basis for such deletion is communities to counter violent extremist determined to be at risk solely on the basis made available for public inspection.’’. propaganda, messaging, or recruitment. of race, religious affiliation, or ethnicity. ‘‘(iii) In coordination with the Office for Mr. CARPER submitted an SA 4352. Civil Rights and Civil Liberties of the De- ‘‘(f) STRATEGY TO COUNTER VIOLENT EXTRE- amendment intended to be proposed by partment, managing the outreach and en- MISM IN THE UNITED STATES.— him to the bill S. 2943, to authorize ap- gagement efforts of the Department directed ‘‘(1) STRATEGY.—Not later than 90 days propriations for fiscal year 2017 for toward communities at risk for after the date of enactment of this section, military activities of the Department radicalization and recruitment for violent the Secretary shall submit to the Committee of Defense, for military construction, extremist activities. on Homeland Security and Governmental Af- and for defense activities of the De- ‘‘(iv) Ensuring relevant information, re- fairs of the Senate, the Committee on the partment of Energy, to prescribe mili- search, and products inform efforts to Judiciary of the Senate, the Committee on counter violent extremism. Homeland Security of the House of Rep- tary personnel strengths for such fiscal ‘‘(v) Developing and maintaining Depart- resentatives, and the Committee on the Ju- year, and for other purposes; which was ment-wide strategy, plans, policies, and pro- diciary of the House of Representatives a ordered to lie on the table; as follows: grams to counter violent extremism. Such comprehensive Department strategy to At the end of subtitle I of title X, add the plans shall, at a minimum, address each of counter violent extremism in the United following: the following: States.

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‘‘(2) CONTENTS OF STRATEGY.—The strategy ‘‘(H) Departmental efforts to conduct over- ‘‘(1) conduct a review of the Office for Part- required under paragraph (1) shall, at a min- sight of all countering violent extremism nerships Against Violent Extremism activi- imum, address each of the following: training and training materials and other re- ties to ensure that all of the activities of the ‘‘(A) The Department’s digital engagement sources developed or funded by the Depart- Office related to countering violent extre- effort, including a plan to leverage new and ment. mism respect the privacy, civil rights, and existing Internet, digital, and other tech- ‘‘(I) Departmental efforts to foster trans- civil liberties of all persons; and nologies and social media platforms to parency by making, to the extent prac- ‘‘(2) make publicly available on the website counter violent extremism, as well as the ticable, all regulations, guidance, docu- of the Department a report containing the best practices and lessons learned from other ments, policies, and training materials pub- results of the review conducted under para- Federal, State, local, tribal, territorial, non- licly available, including through any graph (1).’’; and governmental, and foreign partners engaged webpage developed under subparagraph (E). (2) in section 2008(b)— in similar counter-messaging activities. ‘‘(4) STRATEGIC IMPLEMENTATION PLAN.— (A) in subparagraph (A), by striking ‘‘or’’ ‘‘(B) The Department’s countering violent ‘‘(A) IN GENERAL.—Not later than 90 days at the end; extremism-related engagement and outreach after the date on which the Secretary sub- (B) in subparagraph (B), by striking the pe- activities. mits the strategy required under paragraph riod at the end and inserting ‘‘; or’’; and ‘‘(C) The use of cooperative agreements (1), the Secretary shall submit to the Com- (C) by adding at the end the following: with State, local, tribal, territorial, and mittee on Homeland Security and Govern- ‘‘(C) to support any organization or group other Federal departments and agencies re- mental Affairs of the Senate, the Committee which has knowingly or recklessly funded sponsible for activities relating to coun- on the Judiciary of the Senate, the Com- domestic terrorism or international ter- tering violent extremism. mittee on Homeland Security of the House of rorism (as those terms are defined in section ‘‘(D) Ensuring all activities related to Representatives, and the Committee on the 2331 of title 18, United States Code) or orga- countering violent extremism adhere to rel- Judiciary of the House of Representatives an nization or group known to engage in or re- evant Department and applicable Depart- implementation plan for each of the compo- cruit to such activities, as determined by the ment of Justice guidance regarding privacy, nents and offices of the Department with re- Assistant Secretary for Partnerships Against civil rights, and civil liberties, including sponsibilities under the strategy. Violent Extremism in consultation with the safeguards against discrimination. ‘‘(B) CONTENTS.—The implementation plan Administrator and the heads of other appro- ‘‘(E) The development of qualitative and required under subparagraph (A) shall in- priate Federal departments and agencies.’’. quantitative outcome-based metrics to clude an integrated master schedule and cost (b) TECHNICAL AND CONFORMING AMEND- evaluate the Department’s programs and estimate for activities and programs con- MENT.—The table of contents in section 1(b) policies to counter violent extremism. tained in the implementation plan, with of the Homeland Security Act of 2002 (6 ‘‘(F) An analysis of the homeland security specificity on how each such activity and U.S.C. 101 note) is amended by inserting risk posed by violent extremism based on the program aligns with near-term, mid-term, after the item relating to section 801 the fol- threat environment and empirical data as- and long-term goals specified in the strategy lowing: sessing terrorist activities and incidents, and required under paragraph (1). ‘‘Sec. 802. Office for Partnerships Against violent extremist propaganda, messaging, or ‘‘(g) ANNUAL REPORT.—Not later than April Violent Extremism.’’. recruitment. 1, 2017, and annually thereafter, the Assist- ‘‘(G) Information on the Department’s ant Secretary shall submit to Congress an (c) SUNSET.—Effective on the date that is 7 near-term, mid-term, and long-term risk- annual report on the Office for Partnerships years after the date of enactment of this based goals for countering violent extre- Against Violent Extremism, which shall in- Act— mism, reflecting the risk analysis conducted clude the following: (1) section 802 of the Homeland Security under subparagraph (F). ‘‘(1) A description of the status of the pro- Act of 2002, as added by subsection (a), is re- ‘‘(3) STRATEGIC CONSIDERATIONS.—In draft- grams and policies of the Department for pealed; and ing the strategy required under paragraph countering violent extremism in the United (2) the table of contents in section 1(b) of (1), the Secretary shall consider including States. the Homeland Security Act of 2002 (6 U.S.C. the following: ‘‘(2) A description of the efforts of the Of- 101 note) is amended by striking the item re- ‘‘(A) Departmental efforts to undertake re- fice for Partnerships Against Violent Extre- lating to section 802. search to improve the Department’s under- mism to cooperate with and provide assist- standing of the risk of violent extremism ance to other Federal departments and agen- SA 4353. Mr. SCHATZ (for himself and to identify ways to improve countering cies. and Mr. SASSE) submitted an amend- violent extremism activities and programs, ‘‘(3) Qualitative and quantitative metrics ment intended to be proposed by him including outreach, training, and informa- for evaluating the success of such programs to the bill S. 2943, to authorize appro- tion sharing programs. and policies and the steps taken to evaluate priations for fiscal year 2017 for mili- ‘‘(B) The Department’s nondiscrimination the success of such programs and policies. tary activities of the Department of policies as they relate to countering violent ‘‘(4) An accounting of— Defense, for military construction, and extremism. ‘‘(A) grants and cooperative agreements ‘‘(C) Departmental efforts to help promote awarded by the Department to counter vio- for defense activities of the Depart- community engagement and partnerships to lent extremism; and ment of Energy, to prescribe military counter violent extremism in furtherance of ‘‘(B) all training specifically aimed at personnel strengths for such fiscal the strategy. countering violent extremism sponsored by year, and for other purposes; which was ‘‘(D) Departmental efforts to help increase the Department. ordered to lie on the table; as follows: support for programs and initiatives to ‘‘(5) An analysis of how the Department’s At the end of title X, add the following: counter violent extremism of other Federal, activities to counter violent extremism cor- Subtitle J—Open Government Data State, local, tribal, territorial, nongovern- respond and adapt to the threat environ- mental, and foreign partners that are in fur- ment. SEC. 1097. SHORT TITLE. therance of the strategy, and which adhere ‘‘(6) A summary of how civil rights and (a) SHORT TITLE.—This subtitle may be to all relevant constitutional, legal, and pri- civil liberties are protected in the Depart- cited as the ‘‘Open, Public, Electronic, and vacy protections. ment’s activities to counter violent extre- Necessary Government Data Act’’ or the ‘‘(E) Departmental efforts to disseminate mism. ‘‘OPEN Government Data Act’’. to local law enforcement agencies and the ‘‘(7) An evaluation of the use of section SEC. 1098. FINDINGS; AGENCY DEFINED. general public information on resources, 2003 and section 2004 grants and cooperative (a) FINDINGS.—Congress finds the fol- such as training guidance, workshop reports, agreements awarded to support efforts of lowing: and the violent extremist threat, through local communities in the United States to (1) Federal Government data is a valuable multiple platforms, including the develop- counter violent extremism, including infor- national resource. Managing Federal Gov- ment of a dedicated webpage, and informa- mation on the effectiveness of such grants ernment data to make it open, available, dis- tion regarding the effectiveness of those ef- and cooperative agreements in countering coverable, and useable to the general public, forts. violent extremism. businesses, journalists, academics, and advo- ‘‘(F) Departmental efforts to use coopera- ‘‘(8) A description of how the Office for cates promotes efficiency and effectiveness tive agreements with State, local, tribal, ter- Partnerships Against Violent Extremism in- in Government, creates economic opportuni- ritorial, and other Federal departments and corporated lessons learned from the coun- ties, promotes scientific discovery, and most agencies responsible for efforts relating to tering violent extremism programs and poli- importantly, strengthens our democracy. countering violent extremism, and informa- cies of foreign, State, local, tribal, and terri- (2) Maximizing the usefulness of Federal tion regarding the effectiveness of those ef- torial governments and stakeholder commu- Government data that is appropriate for re- forts. nities. lease rests upon making it readily available, ‘‘(G) Information on oversight mechanisms ‘‘(h) ANNUAL REVIEW.—Not later than 1 discoverable, and usable—in a word: open. In- and protections to ensure that activities and year after the date of enactment of this sec- formation presumptively should be available programs undertaken pursuant to the strat- tion, and every year thereafter, the Office for to the general public unless the Federal Gov- egy adhere to all relevant constitutional, Civil Rights and Civil Liberties of the De- ernment reasonably foresees that disclosure legal, and privacy protections. partment shall— could harm a specific, articulable interest

VerDate Sep 11 2014 05:19 May 27, 2016 Jkt 059060 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.062 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3350 CONGRESSIONAL RECORD — SENATE May 26, 2016 protected by law or the Federal Government ‘‘(B) based on an underlying open standard 3503 of title 44, United States Code, is amend- is otherwise expressly prohibited from re- that is maintained by a standards organiza- ed by adding at the end the following: leasing such data due to statutory require- tion; ‘‘(c) COORDINATION OF FEDERAL INFORMA- ments. ‘‘(22) the term ‘open Government data’ TION RESOURCES MANAGEMENT POLICY.—The (3) The Federal Government has the re- means a Federal Government public data Federal Chief Information Officer shall work sponsibility to be transparent and account- asset that is— in coordination with the Administrator of able to its citizens. ‘‘(A) machine-readable; the Office of Information and Regulatory Af- (4) Data controlled, collected, or created ‘‘(B) available in an open format; and fairs and with the heads of other offices by the Federal Government should be origi- ‘‘(C) part of the worldwide public domain within the Office of Management and Budget nated, transmitted, and published in modern, or, if necessary, published with an open li- to oversee and advise the Director on Fed- open, and electronic format, to be as readily cense; eral information resources management pol- accessible as possible, consistent with data ‘‘(23) the term ‘open license’ means a legal icy.’’. (b) AUTHORITY AND FUNCTIONS OF DIREC- standards imbued with authority under this guarantee applied to a data asset that is TOR.—Section 3504(h) of title 44, United subtitle and to the extent permitted by law. made available to the public that such data States Code, is amended— (5) The effort to inventory Government asset is made available— (1) in paragraph (1), by inserting ‘‘, the data will have additional benefits, including ‘‘(A) at no cost to the public; and Federal Chief Information Officer,’’ after identifying opportunities within agencies to ‘‘(B) with no restrictions on copying, pub- ‘‘the Director of the National Institute of reduce waste, increase efficiencies, and save lishing, distributing, transmitting, citing, or Standards and Technology’’; taxpayer dollars. As such, this effort should adapting; and involve many types of data, including data (2) in paragraph (4)— ‘‘(24) the term ‘public data asset’ means a (A) in subparagraph (A), by striking ‘‘; generated by applications, devices, net- collection of data elements or a data set works, and equipment, which can be har- and’’ and inserting a semicolon; and maintained by the Government that— (B) by adding at the end the following: nessed to improve operations, lower energy ‘‘(A) may be released; or consumption, reduce costs, and strengthen ‘‘(C) oversee the completeness of the Enter- ‘‘(B) has been released to the public in an prise Data Inventory and the extent to which security. open format and is discoverable through a (6) Communication, commerce, and data the agency is making all data collected and search of Data.gov.’’. generated by the agency available to the transcend national borders. Global access to SEC. 1099B. REQUIREMENT FOR MAKING OPEN Government information is often essential to public in accordance with section 3523;’’; AND MACHINE-READABLE THE DE- (3) in paragraph (5), by striking the period promoting innovation, scientific discovery, FAULT FOR GOVERNMENT DATA. at the end and inserting ‘‘; and’’; and entrepreneurship, education, and the general (a) AMENDMENT.—Subchapter I of chapter welfare. 35 of title 44, United States Code, is amended (4) by adding at the end the following: (b) AGENCY DEFINED.—In this subtitle, the by adding at the end the following: ‘‘(6) coordinate the development and re- term ‘‘agency’’ has the meaning given that view of Federal information resources man- ‘‘§ 3522. Requirements for Government data term in section 3502 of title 44, United States agement policy by the Administrator of the Code, and includes the Federal Election ‘‘(a) MACHINE-READABLE DATA REQUIRED.— Office of Information and Regulatory Affairs Commission. Government data assets made available by and the Federal Chief Information Officer.’’. an agency shall be published as machine- SEC. 1099. RULE OF CONSTRUCTION. (c) CHANGE OF NAME OF THE OFFICE OF readable data. Nothing in this subtitle, or the amend- ELECTRONIC GOVERNMENT.— ‘‘(b) OPEN BY DEFAULT.—When not other- ments made by this subtitle, shall be con- (1) DEFINITIONS.—Section 3601 of title 44, wise prohibited by law, and to the extent strued to require the disclosure of informa- United States Code, is amended— practicable, Government data assets shall— tion or records that are exempt from public (A) by striking paragraph (1); ‘‘(1) be available in an open format; and disclosure under section 552 of title 5, United (B) by redesignating paragraphs (2) ‘‘(2) be available under open licenses. States Code (commonly known as the ‘‘Free- through (4) as paragraphs (1) through (3), re- ‘‘(c) OPEN LICENSE OR WORLDWIDE PUBLIC dom of Information Act’’). spectively; and DOMAIN DEDICATION REQUIRED.—When not (C) by inserting after paragraph (3), as so SEC. 1099A. FEDERAL INFORMATION POLICY otherwise prohibited by law, and to the ex- DEFINITIONS. redesignated, the following: tent practicable, Government data assets Section 3502 of title 44, United States Code, ‘‘(4) ‘Federal Chief Information Officer’ published by or for an agency shall be made is amended— means the Federal Chief Information Officer available under an open license or, if not (1) in paragraph (13), by striking ‘‘; and’’ at of the Office of the Federal Chief Informa- made available under an open license and ap- the end and inserting a semicolon; tion Officer established under section 3602;’’. propriately released, shall be considered to (2) in paragraph (14), by striking the period (2) OFFICE OF THE FEDERAL CHIEF INFORMA- be published as part of the worldwide public at the end and inserting a semicolon; and TION OFFICER.—Section 3602 of title 44, United domain. (3) by adding at the end the following: ‘‘(d) INNOVATION.—Each agency may engage States Code, is amended— ‘‘(15) the term ‘data’ means recorded infor- with nongovernmental organizations, citi- (A) in the heading, by striking ‘‘Electronic mation, regardless of form or the media on zens, non-profit organizations, colleges and Government’’ and inserting ‘‘the Federal which the data is recorded; universities, private and public companies, Chief Information Officer’’; ‘‘(16) the term ‘data asset’ means a collec- and other agencies to explore opportunities (B) in subsection (a), by striking ‘‘Office of tion of data elements or data sets that may to leverage the agency’s public data asset in Electronic Government’’ and inserting ‘‘Of- be grouped together; a manner that may provide new opportuni- fice of the Federal Chief Information Offi- ‘‘(17) the term ‘Enterprise Data Inventory’ ties for innovation in the public and private cer’’; means the data inventory developed and sectors in accordance with law and regula- (C) in subsection (b), by striking ‘‘an Ad- maintained pursuant to section 3523; tion.’’. ministrator’’ and inserting ‘‘a Federal Chief ‘‘(18) the term ‘machine-readable’ means a (b) TECHNICAL AND CONFORMING AMEND- Information Officer’’; format in which information or data can be MENT.—The table of sections for subchapter I (D) in subsection (c), by striking ‘‘The Ad- easily processed by a computer without of chapter 35 of title 44, United States Code, ministrator’’ and inserting ‘‘The Federal human intervention while ensuring no se- is amended by inserting after the item relat- Chief Information Officer’’; mantic meaning is lost; ing to section 3521 the following: (E) in subsection (d), by striking ‘‘The Ad- ‘‘(19) the term ‘metadata’ means structural ‘‘3522. Requirements for Government ministrator’’ and inserting ‘‘The Federal or descriptive information about data such data.’’. Chief Information Officer’’; as content, format, source, rights, accuracy, (c) EFFECTIVE DATE.—Notwithstanding sec- (F) in subsection (e), by striking ‘‘The Ad- provenance, frequency, periodicity, granu- tion 1099G, the amendments made by sub- ministrator’’ and inserting ‘‘The Federal larity, publisher or responsible party, con- sections (a) and (b) shall take effect on the Chief Information Officer’’; tact information, method of collection, and date that is 1 year after the date of enact- (G) in subsection (f)— other descriptions; ment of this Act and shall apply with respect (i) in the matter preceding paragraph (1), ‘‘(20) the term ‘nonpublic data asset’— to any contract entered into by an agency on by striking ‘‘the Administrator shall’’ and ‘‘(A) means a data asset that may not be or after such effective date. inserting ‘‘the Federal Chief Information Of- made available to the public for privacy, se- (d) USE OF OPEN DATA ASSETS.—Not later ficer shall’’; and curity, confidentiality, regulation, or other than 1 year after the date of enactment of (ii) in paragraph (16), by striking ‘‘the Of- reasons as determined by law; and this Act, the head of each agency shall en- fice of Electronic Government’’ and insert- ‘‘(B) includes data provided by contractors sure that any activities by the agency or any ing ‘‘the Office of the Federal Chief Informa- that is protected by contract, license, pat- new contract entered into by the agency tion Officer’’; and ent, trademark, copyright, confidentiality, meet the requirements of section 3522 of title (H) in subsection (g), by striking ‘‘the Of- regulation, or other restriction; 44, United States Code, as added by sub- fice of Electronic Government’’ and insert- ‘‘(21) the term ‘open format’ means a tech- section (a). ing ‘‘the Office of the Federal Chief Informa- nical format based on an underlying open SEC. 1099C. RESPONSIBILITIES OF THE OFFICE tion Officer’’. standard that is— OF ELECTRONIC GOVERNMENT. (3) CHIEF INFORMATION OFFICERS COUNCIL.— ‘‘(A) not encumbered by restrictions that (a) COORDINATION OF FEDERAL INFORMATION Section 3603 of title 44, United States Code, would impede use or reuse; and RESOURCES MANAGEMENT POLICY.—Section is amended—

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(A) in subsection (b)(2), by striking ‘‘The (G) ADDITIONAL TECHNICAL AND CONFORMING ‘‘(1) to the extent practicable, complete the Administrator of the Office of Electronic AMENDMENTS.— Enterprise Data Inventory for the agency Government’’ and inserting ‘‘The Federal (i) Section 2222(i)(6) of title 10, United not later than 1 year after the date of enact- Chief Information Officer’’; States Code, is amended by striking ‘‘section ment of this section; and (B) in subsection (c)(1), by striking ‘‘The 3601(4)’’ and inserting ‘‘section 3601(3)’’. ‘‘(2) add additional data assets to the En- Administrator of the Office of Electronic (ii) Section 506D(k)(1) of the National Se- terprise Data Inventory for the agency not Government’’ and inserting ‘‘The Federal curity Act of 1947 (50 U.S.C. 3100(k)(1)) is later than 90 days after the date on which Chief Information Officer’’; and amended by striking ‘‘section 3601(4)’’ and in- the data asset is created or identified. (C) in subsection (f)(3), by striking ‘‘the serting ‘‘section 3601(3)’’. ‘‘(f) USE OF EXISTING RESOURCES.—When Administrator’’ and inserting ‘‘the Federal (7) RULE OF CONSTRUCTION.—The amend- practicable, the Chief Information Officer of Chief Information Officer’’. ments made by this subsection are for the each agency shall use existing procedures (4) E–GOVERNMENT FUND.—Section 3604 of purpose of changing the name of the Office of and systems to compile and publish the En- title 44, United States Code, is amended— Electronic Government and the Adminis- terprise Data Inventory for the agency.’’. (A) in subsection (a)(2), by striking ‘‘the trator of such office and shall not be con- (2) TECHNICAL AND CONFORMING AMEND- Administrator of the Office of Electronic strued to affect any of the substantive provi- MENT.—The table of sections for subchapter I Government’’ and inserting ‘‘the Federal sions of the provisions amended or to require of chapter 35 of title 44, United States Code, Chief Information Officer’’; a new appointment by the President. as amended by section 5, is amended by in- (B) in subsection (b), by striking ‘‘Adminis- SEC. 1099D. DATA INVENTORY AND PLANNING. serting after the item relating to section 3522 trator’’ each place it appears and inserting (a) ENTERPRISE DATA INVENTORY.— the following: ‘‘Federal Chief Information Officer’’; and (1) AMENDMENT.—Subchapter I of chapter ‘‘3523. Enterprise data inventory.’’. (C) in subsection (c), by striking ‘‘the Ad- 35 of title 44, United States Code, as amended (b) STANDARDS FOR ENTERPRISE DATA IN- ministrator’’ and inserting ‘‘the Federal by section 1099B, is amended by adding at VENTORY.—Section 3504(a)(1) of title 44, Chief Information Officer’’. the end the following: United States Code, is amended— (5) PROGRAM TO ENCOURAGE INNOVATIVE SO- ‘‘§ 3523. Enterprise data inventory (1) in subparagraph (A), by striking ‘‘; and’’ LUTIONS TO ENHANCE ELECTRONIC GOVERNMENT ‘‘(a) AGENCY DATA INVENTORY REQUIRED.— and inserting a semicolon; SERVICES AND PROCESSES.—Section 3605 of ‘‘(1) IN GENERAL.—In order to develop a (2) in subparagraph (B)(vi), by striking the title 44, United States Code, is amended— clear and comprehensive understanding of period at the end and inserting ‘‘; and’’; and (A) in subsection (a), by striking ‘‘The Ad- the data assets in the possession of an agen- (3) by adding at the end the following: ministrator’’ and inserting ‘‘The Federal cy, the head of each agency, in consultation ‘‘(C) issue standards for the Enterprise Chief Information Officer’’; with the Director of the Office of Manage- Data Inventory described in section 3523, in- (B) in subsection (b), by striking ‘‘, the Ad- ment and Budget, shall develop and maintain cluding— ministrator,’’ and inserting ‘‘, the Federal an enterprise data inventory (in this section ‘‘(i) a requirement that the Enterprise Chief Information Officer,’’; and referred to as the ‘Enterprise Data Inven- Data Inventory include a compilation of (C) in subsection (c)— tory’) that accounts for any data asset cre- metadata about agency data assets; and (i) in paragraph (1)— ated, collected, under the control or direc- ‘‘(ii) criteria that the head of each agency (I) by striking ‘‘The Administrator’’ and tion of, or maintained by the agency after shall use in determining whether to make a inserting ‘‘The Federal Chief Information Of- the effective date of this section, with the ul- particular data asset publicly available in a ficer’’; and timate goal of including all data assets, to manner that takes into account— (II) by striking ‘‘proposals submitted to the extent practicable. ‘‘(I) the expectation of confidentiality as- the Administrator’’ and inserting ‘‘proposals ‘‘(2) CONTENTS.—The Enterprise Data In- sociated with an individual data asset; submitted to the Federal Chief Information ventory shall include each of the following: ‘‘(II) security considerations, including the Officer’’; ‘‘(A) Data assets used in agency informa- risk that information in an individual data (ii) in paragraph (2), by striking ‘‘the Ad- tion systems, including program administra- asset in isolation does not pose a security ministrator’’ and inserting ‘‘the Federal tion, statistical, and financial activity. risk but when combined with other available Chief Information Officer’’; and ‘‘(B) Data assets shared or maintained information may pose such a risk; (iii) in paragraph (4), by striking ‘‘the Ad- across agency programs and bureaus. ‘‘(III) the cost and value to the public of ministrator’’ and inserting ‘‘the Federal ‘‘(C) Data assets that are shared among converting the data into a manner that Chief Information Officer’’. agencies or created by more than 1 agency. could be understood and used by the public; (6) TECHNICAL AND CONFORMING AMEND- ‘‘(D) A clear indication of all data assets ‘‘(IV) the expectation that all data assets MENTS.— that can be made publicly available under that would otherwise be made available (A) TABLE OF SECTIONS.—The table of sec- section 552 of title 5 (commonly referred to under section 552 of title 5 (commonly re- tions for chapter 36 of title 44, United States as the ‘Freedom of Information Act’). ferred to as the ‘Freedom of Information Code, is amended by striking the item relat- ‘‘(E) A description of whether the agency Act’) be disclosed; and ing to section 3602 and inserting the fol- has determined that an individual data asset ‘‘(V) any other considerations that the Di- lowing: may be made publicly available and whether rector determines to be relevant.’’. ‘‘3602. Office of the Federal Chief Infor- the data asset is currently available to the (c) FEDERAL AGENCY RESPONSIBILITIES.— mation Officer.’’. public. Section 3506 of title 44, United States Code, (B) POSITIONS AT LEVEL III.—Section 5314 of ‘‘(F) Non-public data assets. is amended— title 5, United States Code, is amended by ‘‘(G) Government data assets generated by (1) in subsection (b)— striking ‘‘Administrator of the Office of applications, devices, networks, and equip- (A) in paragraph (1)(C), by striking ‘‘secu- Electronic Government’’ and inserting ‘‘Fed- ment, categorized by source type. rity;’’ and inserting the following: ‘‘security eral Chief Information Officer’’. ‘‘(b) PUBLIC AVAILABILITY.—The Chief In- by— (C) OFFICE OF ELECTRONIC GOVERNMENT.— formation Officer of each agency shall use ‘‘(i) using open format for any new Govern- Section 507 of title 31, United States Code, is the guidance provided by the Director issued ment data asset created or obtained on the amended by striking ‘‘The Office of Elec- pursuant to section 3504(a)(1)(C)(ii) to make date that is 1 year after the date of enact- tronic Government’’ and inserting ‘‘The Of- public data assets included in the Enterprise ment of this clause; and fice of the Federal Chief Information Offi- Data Inventory publicly available in an open ‘‘(ii) to the extent practicable, encouraging cer’’. format and under an open license. the adoption of open form for all open Gov- (D) ELECTRONIC GOVERNMENT AND INFORMA- ‘‘(c) NON-PUBLIC DATA.—Non-public data ernment data created or obtained before the TION TECHNOLOGIES.—Section 305 of title 40, included in the Enterprise Data Inventory date of enactment of this clause;’’. United States Code, is amended by striking may be maintained in a non-public section of (B) in paragraph (4), by striking ‘‘sub- ‘‘Administrator of the Office of Electronic the inventory. chapter; and’’ and inserting ‘‘subchapter and Government’’ and inserting ‘‘Federal Chief ‘‘(d) AVAILABILITY OF ENTERPRISE DATA IN- a review of each agency’s Enterprise Data In- Information Officer’’. VENTORY.—The Chief Information Officer of ventory described in section 3523;’’; (E) CAPITAL PLANNING AND INVESTMENT CON- each agency— (C) in paragraph (5), by striking the period TROL.—Section 11302(c)(4) of title 40, United ‘‘(1) shall make the Enterprise Data Inven- at the end and inserting ‘‘; and’’; and States Code, is amended by striking ‘‘Admin- tory available to the public on Data.gov; (D) by adding at the end the following: istrator of the Office of Electronic Govern- ‘‘(2) shall ensure that access to the Enter- ‘‘(6) in consultation with the Director, de- ment’’ each place it appears and inserting prise Data Inventory and the data contained velop an open data plan as a part of the re- ‘‘Federal Chief Information Officer’’. therein is consistent with applicable law and quirement for a strategic information re- (F) RESOURCES, PLANNING, AND PORTFOLIO regulation; and sources management plan described in para- MANAGEMENT.—The second subsection (c) of ‘‘(3) may implement paragraph (1) in a graph (2) that, at a minimum and to the ex- section 11319 of title 40, United States Code, manner that maintains a non-public portion tent practicable— is amended by striking ‘‘Administrator of of the Enterprise Data Inventory. ‘‘(A) requires the agency to develop proc- the Office of Electronic Government’’ each ‘‘(e) REGULAR UPDATES REQUIRED.—The esses and procedures that— place it appears and inserting ‘‘Federal Chief Chief Information Officer of each agency ‘‘(i) require each new data collection mech- Information Officer’’. shall— anism to use an open format; and

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‘‘(ii) allow the agency to collaborate with ‘‘(1) the waiver of those requirements is ap- ‘‘(b) COORDINATION WITH AGENCIES.—The non-Government entities, researchers, busi- proved by the head of the agency; Director of the Office of Management and nesses, and private citizens for the purpose ‘‘(2) the collection of information is— Budget shall determine, after consultation of understanding how data users value and ‘‘(A) online and electronic; with the head of each agency and the Admin- use open Government data; ‘‘(B) voluntary and there is no perceived or istrator of General Services, the method to ‘‘(B) identifies and implements methods for actual tangible benefit to the provider of the access any open Government data published collecting and analyzing digital information information; through the interface described in subsection on data asset usage by users within and out- ‘‘(C) of an extremely low burden that is (a).’’. side of the agency, including designating a typically completed in 5 minutes or less; and (b) TECHNICAL AND CONFORMING AMEND- point of contact within the agency to assist ‘‘(D) focused on gathering input about the MENT.—The table of sections for subchapter I the public and to respond to quality issues, performance of, or public satisfaction with, of chapter 35 of title 44, United States Code, usability, recommendations for improve- an agency providing service; and as amended by this subtitle, is amended by ments, and complaints about adherence to ‘‘(3) the agency publishes representative inserting after the item relating to section open data requirements in accordance with summaries of the collection of information 3511 the following: subsection (d)(2); under subsection (c).’’. ‘‘3511A. Technology portal.’’. ‘‘(C) develops and implements a process to EPOSITORY (d) R .—The Director of the Office (c) DEADLINE.—Not later than 180 days evaluate and improve the timeliness, com- of Management and Budget shall collaborate after the date of enactment of this Act, the pleteness, accuracy, usefulness, and avail- with the Office of Government Information Administrator of General Services shall ability of open Government data; Services and the Administrator of General meet the requirements of section 3511A(a) of ‘‘(D) requires the agency to update the Services to develop and maintain an online title 44, United States Code, as added by sub- plan at an interval determined by the Direc- repository of tools, best practices, and sche- section (a). tor; ma standards to facilitate the adoption of ‘‘(E) includes requirements for meeting the open data practices. The repository shall— SEC. 1099E. ENHANCED RESPONSIBILITIES FOR CHIEF INFORMATION OFFICERS AND goals of the agency open data plan including (1) include definitions, regulation and pol- technology, training for employees, and im- CHIEF INFORMATION OFFICERS icy, checklists, and case studies related to COUNCIL DUTIES. plementing procurement standards, in ac- open data, this subtitle, and the amendments (a) AGENCY CHIEF INFORMATION OFFICER cordance with existing law, that allow for made by this subtitle; and GENERAL RESPONSIBILITIES.— the acquisition of innovative solutions from (2) facilitate collaboration and the adop- the public and private sector; and (1) GENERAL RESPONSIBILITIES.—Section tion of best practices across the Federal Gov- 11315(b) of title 40, United States Code, is ‘‘(F) prohibits the dissemination and acci- ernment relating to the adoption of open dental disclosure of nonpublic data assets.’’; amended— data practices. (A) in paragraph (2), by striking ‘‘; and’’ (2) in subsection (c), by striking ‘‘With re- (e) SYSTEMATIC AGENCY REVIEW OF OPER- spect to’’ and inserting ‘‘Except as provided and inserting a semicolon; ATIONS.—Section 305 of title 5, United States (B) in paragraph (3), by striking the period under subsection (j), with respect to’’; Code, is amended— (3) in subsection (d)— at the end and inserting a semicolon; and (1) in subsection (b), by adding at the end (C) by adding at the end the following: (A) in the matter preceding paragraph (1), the following: ‘‘To the extent practicable, by striking ‘‘shall’’; ‘‘(4) data asset management, format stand- each agency shall use existing data to sup- ardization, sharing of data assets, and publi- (B) in paragraph (1)— port such reviews if the data is accurate and (i) in the matter preceding subparagraph cation of data assets; complete.’’; ‘‘(5) the compilation and publication of the (A), by inserting ‘‘shall’’ before ‘‘ensure’’; (2) in subsection (c)— (ii) in subparagraph (A), by striking Enterprise Data Inventory for the agency re- (A) by redesignating paragraphs (2) and (3) quired under section 3523 of title 44; ‘‘sources’’ and inserting ‘‘sources and uses’’; as paragraphs (3) and (4), respectively; and and ‘‘(6) ensuring that agency data conforms (B) by inserting after paragraph (1) the fol- with open data best practices; (iii) in subparagraph (C), by inserting ‘‘, in- lowing: cluding providing access to open Government ‘‘(7) ensuring compliance with the require- ‘‘(2) determining the status of achieving ments of subsections (b), (c), (d), and (f) of data online’’ after ‘‘economical manner’’; the mission, goals, and objectives of the (C) in paragraph (2), by inserting ‘‘shall’’ section 3506 of title 44; agency as described in the strategic plan of ‘‘(8) engaging agency employees, the pub- before ‘‘regularly’’; the agency published pursuant to section (D) in paragraph (3)— lic, and contractors in using open Govern- 306;’’; and ment data and encourage collaborative ap- (i) by inserting ‘‘shall’’ before ‘‘provide’’; (3) by adding at the end the following: and proaches to improving data use; ‘‘(d) OPEN DATA COMPLIANCE REPORT.—Not ‘‘(9) supporting the agency Performance (ii) by striking ‘‘; and’’ and inserting a later than 1 year after the date of enactment semicolon; Improvement Officer in generating data to of this subsection, and every 2 years there- support the function of the Performance Im- (E) in paragraph (4)— after, the Director of the Office of Manage- (i) in the matter preceding subparagraph provement Officer described in section ment and Budget shall electronically publish 1124(a)(2) of title 31; (A), by inserting ‘‘may’’ before ‘‘not’’; and a report on agency performance and compli- (ii) by striking the period at the end and ‘‘(10) reviewing the information technology ance with the Open, Public, Electronic, and infrastructure of the agency and the impact inserting a semicolon; and Necessary Government Data Act and the (F) by adding at the end the following: of such infrastructure on making data assets amendments made by that Act.’’. accessible to reduce barriers that inhibit ‘‘(5) shall take the necessary precautions (f) GAO REPORT.—Not later than 3 years data asset accessibility; to ensure that the agency maintains the pro- after the date of enactment of this Act, the ‘‘(11) ensuring that, to the extent prac- duction and publication of data assets which Comptroller General of the United States ticable, the agency is maximizing its own are directly related to activities that protect shall submit to the Committee on Homeland use of data, including data generated by ap- the safety of human life or property, as iden- Security and Governmental Affairs of the plications, devices, networks, and equipment tified by the open data plan of the agency re- Senate and the Committee on Oversight and owned by the Government and such use is quired by subsection (b)(6); and Government Reform of the House of Rep- not otherwise prohibited, to reduce costs, ‘‘(6) may engage the public in using open resentatives a report that identifies— improve operations, and strengthen security Government data and encourage collabora- (1) the value of information made available and privacy protections; and tion by— to the public as a result of this subtitle and ‘‘(12) identifying points of contact for roles ‘‘(A) publishing information on open Gov- the amendments made by this subtitle; and responsibilities related to open data use ernment data usage in regular, timely inter- (2) whether it is valuable to expand the and implementation as required by the Di- vals, but not less than annually; publicly available information to any other rector of the Office of Management and ‘‘(B) receiving public input regarding prior- data assets; and Budget.’’. ities for the analysis and disclosure of data (3) the completeness of the Enterprise Data (2) ADDITIONAL DEFINITIONS.—Section 11315 assets to be published; Inventory at each agency required under sec- of title 40, United States Code, is amended by ‘‘(C) assisting civil society groups and tion 3523 of title 44, United States Code, as adding at the end the following: members of the public working to expand the added by this section. use of open Government data; and ‘‘(d) ADDITIONAL DEFINITIONS.—In this sec- SEC. 8. TECHNOLOGY PORTAL. ‘‘(D) hosting challenges, competitions, tion, the terms ‘data’, ‘data asset’, ‘Enter- (a) AMENDMENT.—Subchapter I of chapter events, or other initiatives designed to cre- prise Data Inventory’, and ‘open Government 35 of title 44, United States Code, is amended data’ have the meanings given those terms ate additional value from open Government by inserting after section 3511 the following: data.’’; and in section 3502 of title 44.’’. (4) by adding at the end the following: ‘‘§ 3511A. Technology portal (b) AMENDMENT.—Section 3603(f) of title 44, ‘‘(j) COLLECTION OF INFORMATION EXCEP- ‘‘(a) DATA.GOV REQUIRED.—The Adminis- United States Code, is amended by adding at TION.—Notwithstanding subsection (c), an trator of General Services shall maintain a the end the following: agency is not required to meet the require- single public interface online as a point of ‘‘(8) Work with the Office of Government ments of paragraphs (2) and (3) of such sub- entry dedicated to sharing open Government Information Services and the Director of the section if— data with the public. Office of Science and Technology Policy to

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Guard and Reserve duty and civilian employ- ber of full-time support individuals required (a) AGENCY REVIEW OF EVALUATION AND ees of the Department of Defense required to for the unit to carry out its mission require- ANALYSIS CAPABILITIES; REPORT.—Not later best contribute to the readiness of the Re- ments; and than 3 years after the date of enactment of serves and of the National Guard for its Fed- this Act, the Chief Operating Officer of each eralized and non-Federalized missions. SA 4360. Mr. LEAHY submitted an agency shall submit to the Committee on amendment intended to be proposed by Homeland Security and Governmental Af- SA 4355. Mr. LEAHY submitted an him to the bill S. 2943, to authorize ap- fairs of the Senate, the Committee on Over- amendment intended to be proposed by propriations for fiscal year 2017 for sight and Government Reform of the House him to the bill S. 2943, to authorize ap- of Representatives, and the Director of the military activities of the Department Office of Management and Budget a report propriations for fiscal year 2017 for of Defense, for military construction, on the review described in subsection (b). military activities of the Department and for defense activities of the De- (b) REQUIREMENTS OF AGENCY REVIEW.—The of Defense, for military construction, partment of Energy, to prescribe mili- report required under subsection (a) shall as- and for defense activities of the De- tary personnel strengths for such fiscal sess the coverage, quality, methods, effec- partment of Energy, to prescribe mili- year, and for other purposes; which was tiveness, and independence of the agency’s tary personnel strengths for such fiscal evaluation research and analysis efforts, in- ordered to lie on the table; as follows: cluding each of the following: year, and for other purposes; which was At the end of subtitle H of title X, add the (1) A list of the activities and operations of ordered to lie on the table; as follows: following: the agency that are being evaluated and ana- On page 138, between lines 17 and 18, insert SEC. 1085. ANNUAL REPORT ON PERSONNEL, lyzed and the activities and operations that the following: TRAINING, AND EQUIPMENT RE- have been evaluated and analyzed during the ‘‘(5) The Chief of the National Guard Bu- QUIREMENTS FOR THE NON-FED- reau and the Vice Chief of the National ERALIZED NATIONAL GUARD TO previous 5 years. SUPPORT CIVILIAN AUTHORITIES IN (2) The extent to which the evaluations re- Guard Bureau. PREVENTION AND RESPONSE TO DO- search and analysis efforts and related ac- MESTIC DISASTERS. tivities of the agency support the needs of SA 4356. Mr. LEAHY submitted an (a) ANNUAL REPORT REQUIRED.—Section various divisions within the agency. amendment intended to be proposed by 10504 of title 10, United States Code, is (3) The extent to which the evaluation re- him to the bill S. 2943, to authorize ap- amended— search and analysis efforts and related ac- propriations for fiscal year 2017 for (1) in subsection (a), by striking ‘‘RE- tivities of the agency address an appropriate military activities of the Department PORT.—’’ and inserting ‘‘REPORT ON STATE OF balance between needs related to organiza- of Defense, for military construction, THE NATIONAL GUARD.—(1)’’; tional learning, ongoing program manage- (2) by striking ‘‘(b) SUBMISSION OF REPORT and for defense activities of the De- ment, performance management, strategic TO CONGRESS.—’’ and inserting ‘‘(2)’’; management, interagency and private sector partment of Energy, to prescribe mili- (3) by striking ‘‘annual report of the Chief coordination, international and external tary personnel strengths for such fiscal of the National Guard Bureau’’ and inserting oversight, and accountability. year, and for other purposes; which was ‘‘annual report required by paragraph (1)’’; (4) The extent to which the agency uses ordered to lie on the table; as follows: and methods and combinations of methods that Strike section 925. (4) by adding at the end the following new are appropriate to agency divisions and the subsection (b): corresponding research questions being ad- ‘‘(b) ANNUAL REPORT ON NON-FEDERALIZED Mr. LEAHY submitted an dressed, including an appropriate combina- SA 4357. SERVICE NATIONAL GUARD PERSONNEL, TRAIN- tion of formative and summative evaluation amendment intended to be proposed by ING, AND EQUIPMENT REQUIREMENTS.—(1) Not research and analysis approaches. him to the bill S. 2943, to authorize ap- later than January 31 of each of calendar (5) The extent to which evaluation and re- propriations for fiscal year 2017 for years 2017 through 2021, the Chief of the Na- search capacity is present within the agency military activities of the Department tional Guard Bureau shall submit to the con- to include personnel, agency process for of Defense, for military construction, gressional defense committees and the offi- planning and implementing evaluation ac- and for defense activities of the De- cials specified in paragraph (5) a report set- tivities, disseminating best practices and partment of Energy, to prescribe mili- ting forth the personnel, training, and equip- findings, and incorporating employee views ment required by the National Guard during and feedback. tary personnel strengths for such fiscal the next fiscal year to carry out its mission, (6) The extent to which the agency has the year, and for other purposes; which was while not Federalized, to provide prevention, capacity to assist front-line staff and pro- ordered to lie on the table; as follows: protection mitigation, response, and recov- gram offices to develop the capacity to use On page 715, between lines 6 and 7, insert ery activities in support of civilian authori- evaluation research and analysis approaches the following: ties in connection with natural and man- and data in the day-to-day operations. ‘‘(F) An officer from the National Guard made disasters. (c) GAO REVIEW OF AGENCY REPORTS.—Not Bureau in the grade of general. ‘‘(2) To determine the annual personnel, later than 4 years after the date of enact- training, and equipment requirements of the ment of this Act, the Comptroller General of SA 4358. Mr. LEAHY submitted an National Guard referred to in paragraph (1), the United States shall submit to Congress a amendment intended to be proposed by the Chief of the National Guard Bureau shall report that summarizes agency findings and him to the bill S. 2943, to authorize ap- take into account, at a minimum, the fol- highlights trends from the reports submitted propriations for fiscal year 2017 for lowing: pursuant to subsection (a) and, if appro- ‘‘(A) Core civilian capabilities gaps for the priate, recommends actions to further im- military activities of the Department prevention, protection, mitigation, response, prove agency capacity to use evaluation of Defense, for military construction, and recovery activities in connection with techniques and data to support evaluation and for defense activities of the De- natural and man-made disasters, as collected efforts. partment of Energy, to prescribe mili- by the Department of Homeland Security SEC. 1099G. EFFECTIVE DATE. tary personnel strengths for such fiscal from the States. This subtitle, and the amendments made year, and for other purposes; which was ‘‘(B) Threat and hazard identifications and by this subtitle, shall take effect on the date ordered to lie on the table; as follows: risk assessments of the Department of De- that is 180 days after the date of enactment fense, the Department of Homeland Security, of this Act. In section 502, strike subsection (rr). and the States. ‘‘(3) Personnel, training, and equipment re- SA 4354. Mr. LEAHY submitted an SA 4359. Mr. LEAHY submitted an quirements shall be collected from the amendment intended to be proposed by amendment intended to be proposed by States, validated by the Chief of the Na- him to the bill S. 2943, to authorize ap- him to the bill S. 2943, to authorize ap- tional Guard Bureau, and be categorized in propriations for fiscal year 2017 for propriations for fiscal year 2017 for the report required by paragraph (1) by each military activities of the Department military activities of the Department of the following: of Defense, for military construction, of Defense, for military construction, ‘‘(A) Emergency support functions of the and for defense activities of the De- and for defense activities of the De- National Response Framework. partment of Energy, to prescribe mili- ‘‘(B) Federal Emergency Management partment of Energy, to prescribe mili- Agency regions. tary personnel strengths for such fiscal tary personnel strengths for such fiscal ‘‘(4) The annual report required by para- year, and for other purposes; which was year, and for other purposes; which was graph (1) shall be prepared in consultation ordered to lie on the table; as follows: ordered to lie on the table; as follows: with the chief executive of each State, other

VerDate Sep 11 2014 05:19 May 27, 2016 Jkt 059060 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.064 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3354 CONGRESSIONAL RECORD — SENATE May 26, 2016 appropriate civilian authorities, and the (1)(A) The laboratory director shall pay inventor is still employed at the laboratory Council of Governors. each year the first $2,000, and thereafter at shall not exceed $500,000 per year and after ‘‘(5) In addition to the congressional de- least 20 percent, of the royalties or other the inventor leaves the laboratory shall not fense committees, the annual report required payments, other than payments of patent exceed $150,000 per year to any one person, by paragraph (1) shall be submitted to the costs as delineated by a license or assign- unless the President approves a larger award following officials: ment agreement, to the inventor or coinven- (with the excess over $500,000 being treated ‘‘(A) The Secretary of Defense. tors, if the inventor’s or coinventor’s rights as a Presidential award under section 4504 of ‘‘(B) The Secretary of Homeland Security. are assigned to the United States. title 5, United States Code). ‘‘(C) The Council of Governors. (B) A laboratory director may provide ap- (d) INVENTION MANAGEMENT SERVICES.—A ‘‘(D) The Secretary of the Army. propriate incentives, from royalties or other laboratory receiving royalties or other pay- ‘‘(E) The Secretary of the Air Force. payments, to laboratory employees who are ments as a result of invention management ‘‘(F) The Commander of the United States not an inventor of such inventions but who services performed for another Federal agen- Northern Command. substantially increased the technical value cy or laboratory under section 207 of title 35, ‘‘(G) The Commander of the United States of the inventions. United States Code, may retain such royal- Cyber Command.’’. (C) The laboratory shall retain the royal- ties or payments to the extent required to (b) CONFORMING AND CLERICAL AMEND- ties and other payments received from an in- offset payments to inventors under subpara- MENTS.— vention until the laboratory makes pay- graph (A) of subsection (a)(1), costs and ex- (1) SECTION HEADING.—The heading of such ments to employees of a laboratory under penses incurred under subparagraph (D) of section is amended to read as follows: subparagraph (A) or (B). subsection (a)(2), and the cost of foreign pat- (2) The balance of the royalties or other ‘‘§ 10504. Chief of the National Guard Bureau: enting and maintenance for any invention of payments shall be transferred by the agency annual reports’’. the other agency. All royalties and other to its laboratories, with the majority share (2) TABLE OF SECTIONS.—The table of sec- payments remaining after offsetting the pay- of the royalties or other payments from any tions at the beginning of chapter 1011 of such ments to inventors, costs, and expenses de- invention going to the laboratory where the title is amended by striking the item relat- scribed in the preceding sentence shall be invention occurred. The royalties or other ing to section 10504 and inserting the fol- transferred to the agency for which the serv- payments so transferred to any laboratory lowing new item: ices were performed, for distribution in ac- may be used or obligated by that laboratory cordance with subsection (a)(2). ‘‘10504. Chief of the National Guard Bureau: during the fiscal year in which they are re- annual reports.’’. ceived or during the 2 succeeding fiscal (e) CERTAIN ASSIGNMENTS.—If the invention years— involved was one assigned to the labora- SA 4361. Mr. LEAHY (for himself and (A) to reward scientific, engineering, and tory— Mr. SANDERS) submitted an amend- technical employees of the laboratory, in- (1) by a contractor, grantee, or participant, ment intended to be proposed by him cluding developers of sensitive or classified or an employee of a contractor, grantee, or to the bill S. 2943, to authorize appro- technology, regardless of whether the tech- participant, in an agreement or other ar- priations for fiscal year 2017 for mili- nology has commercial applications; rangement with the agency; or tary activities of the Department of (B) to further scientific exchange among (2) by an employee of the agency who was Defense, for military construction, and the laboratories of the agency; not working in the laboratory at the time (C) for education and training of employees the invention was made, for defense activities of the Depart- consistent with the research and develop- the agency unit that was involved in such as- ment of Energy, to prescribe military ment missions and objectives of the agency personnel strengths for such fiscal signment shall be considered to be a labora- or laboratory, and for other activities that tory for purposes of this section. year, and for other purposes; which was increase the potential for transfer of the ordered to lie on the table; as follows: technology of the laboratories of the agency; (f) SUNSET.—The pilot program under this (D) for payment of expenses incidental to section shall terminate 5 years after the date At the end of subtitle C of title III, add the of the enactment of this Act. following: the administration and licensing of intellec- tual property by the agency or laboratory SEC. 314. STRATEGIC PLAN FOR MANUFAC- SEC. 899H. METHODS FOR ENTERING INTO RE- TURING WORKFORCE. with respect to inventions made at that lab- SEARCH AGREEMENTS. oratory, including the fees or other costs for Subsection (f)(1) of section 2521 of title 10, Section 2358(b) of title 10, United States United States Code, is amended— the services of other agencies, persons, or or- ganizations for intellectual property man- Code, is amended— (1) by redesignating subparagraph (B) as (1) in paragraph (3), by striking ‘‘or’’; subparagraph (C); and agement and licensing services; or (E) for scientific research and development (2) in paragraph (4), by striking the period (2) by inserting after subparagraph (A) the at the end and inserting a semicolon; and following new subparagraph (B): consistent with the research and develop- ment missions and objectives of the labora- (3) by adding at the end the following new ‘‘(B) The overall manufacturing workforce paragraphs: goals, process development, technical train- tory. (3) All royalties or other payments re- ‘‘(5) by transactions other than contracts, ing and education, and credentialing for the cooperative agreements, and grants entered program.’’. tained by the laboratory after payments have been made pursuant to paragraphs (1) into pursuant to sections 2371 and 2371b of this title; or SA 4362. Mr. BROWN submitted an and (2) that are unobligated and unexpended at the end of the second fiscal year suc- ‘‘(6) by procurement for experimental pur- amendment intended to be proposed by ceeding the fiscal year in which the royalties poses pursuant to section 2373 of this title.’’. him to the bill S. 2943, to authorize ap- and other payments were received shall be SEC. 899I. PREFERENCE FOR USE OF OTHER propriations for fiscal year 2017 for paid into the Treasury of the United States. TRANSACTIONS AND EXPERIMENTAL military activities of the Department (b) DISPOSITION OF EXCESS ROYALTIES AND AUTHORITY. of Defense, for military construction, OTHER PAYMENTS.—If, after payments to in- ventors under subsection (a), the royalties or In the execution of science and technology and for defense activities of the De- programs, the Secretary of Defense shall es- partment of Energy, to prescribe mili- other payments received by an agency in any fiscal year exceed 5 percent of the budget of tablish a preference for using transactions tary personnel strengths for such fiscal the agency for that year, 75 percent of such other than contracts, cooperative agree- year, and for other purposes; which was excess shall be paid to the Treasury of the ments, and grants entered into pursuant to ordered to lie on the table; as follows: United States and the remaining 25 percent sections 2371 and 2371b of title 10, United States Code, and authority for procurement At the end of title VIII, add the following: may be used or obligated under subsection (a)(2). Any funds not so used or obligated for experimental purposes pursuant to sec- Subtitle I—Technology Innovation and shall be paid into the Treasury of the United tion 2373 of title 10, United States Code. Acquisition Provisions States. SEC. 899J. MODIFICATION OF COST SHARING RE- SEC. 899G. PILOT PROGRAM ON DISTRIBUTION (c) TREATMENT OF PAYMENTS TO EMPLOY- QUIREMENT FOR USE OF OTHER OF ROYALTIES RECEIVED BY DEPT EES.—Any payment made to an employee TRANSACTION AUTHORITY. OF DEFENSE LABORATORIES. under this section shall be in addition to the (a) IN GENERAL.—Except as provided in regular pay of the employee and to any other Section 2371b(d)(1) of title 10, United States subsections (b) and (d), any royalties or awards made to the employee, and shall not Code, is amended by striking subparagraph other payments received by a Federal agency affect the entitlement of the employee to (C) and inserting the following new subpara- from the licensing and assignment of inven- any regular pay, annuity, or award to which graph: tions under agreements entered into by De- the employee is otherwise entitled or for ‘‘(C) At least one third of the total cost of partment of Defense laboratories, and from which the employee is otherwise eligible or the prototype project is to be paid out of the licensing of inventions of Department of limit the amount thereof. Any payment funds provided by parties to the transaction Defense laboratories, shall be retained by the made to an inventor as such shall continue other than the Federal Government, includ- laboratory which produced the invention and after the inventor leaves the laboratory. ing funds from third party financial invest- shall be disposed of as follows: Payments made under this section while the ment.’’.

VerDate Sep 11 2014 05:19 May 27, 2016 Jkt 059060 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.065 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3355 SEC. 899K. ENHANCED AUTHORITY OF CONTRACT SEC. 1097. PROTECTING FINANCIAL AID FOR STU- an institution under title IV of the Higher AUTHORITY FOR ADVANCED COMPO- DENTS AND TAXPAYERS. Education Act of 1965 (20 U.S.C. 1070 et seq.), NENT DEVELOPMENT AND PROTO- (a) SHORT TITLE.—This section may be is specifically authorized under such title, or TYPE UNITS. cited as the ‘‘Protecting Financial Aid for is otherwise specified by the Secretary of Section 819(b)(3) of the National Defense Students and Taxpayers Act’’. Education, shall not be considered to be a Authorization Act for Fiscal Year 2010 (Pub- (b) FINDINGS.—Congress finds the fol- covered activity under paragraph (2). lowing: lic Law 111–84; 10 U.S.C. 2302 note) is amend- ‘‘(4) FEDERAL EDUCATIONAL ASSISTANCE (1) From 1998 to 2013, enrollment in for- ed by striking ‘‘the lesser of’’ and all that FUNDS.—In this subsection, the term ‘Federal follows through ‘‘$20,000,000’’ and inserting profit institutions of higher education in- educational assistance funds’ means funds ‘‘the amount of expenditure consistent with creased by 314 percent, from 498,176 students provided directly to an institution or to a a major system, as defined in section 2302d of to 2,064,920 students. student attending such institution under any title 10, United States Code’’. (2) In the 2012–2013 academic year, students of the following provisions of law: SEC. 899L. PERMANENCY AND ENHANCEMENT OF who enrolled at for-profit institutions of ‘‘(A) Title IV of the Higher Education Act AUTHORITY FOR PRIZES FOR AD- higher education received $26,469,028,523 in of 1965 (20 U.S.C. 1070 et seq.). VANCED TECHNOLOGY ACHIEVE- Federal Pell Grants and student loans. ‘‘(B) Chapter 30, 31, 32, 33, 34, or 35 of title MENTS. (3) Eight out of the 10 top recipients of 38, United States Code. Subsection (f) of section 2374a of title 10, Post- 9/11 Educational Assistance funds are ‘‘(C) Chapter 101, 105, 106A, 1606, 1607, or United States Code, is amended to read as for-profit institutions of higher education. 1608 of title 10, United States Code. follows: These 8 companies have received ‘‘(D) Section 1784a, 2005, or 2007 of title 10, ‘‘(f) USE OF PRIZE AUTHORITY.—Use of prize $2,900,000,000 in taxpayer funds to enroll vet- United States Code. authority under this section shall be consid- erans from 2009 to 2013. ‘‘(E) Title I of the Workforce Innovation ered the use of competitive procedures for (4) An analysis of 15 publicly traded compa- and Opportunity Act (29 U.S.C. 3111 et seq.). purposes of chapter 137 of this title.’’. nies that operate institutions of higher edu- ‘‘(F) The Adult Education and Family Lit- cation shows that, on average, such compa- eracy Act (29 U.S.C. 3271 et seq.). nies spend 28 percent of expenditures on ad- SA 4363. Mr. BROWN (for himself and ‘‘(5) RULE OF CONSTRUCTION.—Nothing in Mr. BLUNT) submitted an amendment vertising, marketing, and recruiting. this section shall be construed as a limita- (c) RESTRICTIONS ON SOURCES OF FUNDS FOR tion on the use by an institution of revenues intended to be proposed by him to the RECRUITING AND MARKETING ACTIVITIES.— bill S. 2943, to authorize appropriations Section 119 of the Higher Education Oppor- derived from sources other than Federal edu- for fiscal year 2017 for military activi- tunity Act (20 U.S.C. 1011m) is amended— cational assistance funds. ties of the Department of Defense, for (1) in the section heading, by inserting ‘‘(6) REPORTS.—Each institution of higher education, or other postsecondary edu- ‘‘AND RESTRICTIONS ON SOURCES OF FUNDS FOR military construction, and for defense cational institution, that derives 65 percent RECRUITING AND MARKETING ACTIVITIES’’ after activities of the Department of Energy, or more of revenues from Federal edu- ‘‘FUNDS’’; to prescribe military personnel cational assistance funds shall report annu- strengths for such fiscal year, and for (2) in subsection (d), by striking ‘‘sub- sections (a) through (c)’’ and inserting ‘‘sub- ally to the Secretary and to Congress and other purposes; which was ordered to sections (a), (b), (c), and (e)’’; shall include in such report— lie on the table; as follows: (3) by redesignating subsection (e) as sub- ‘‘(A) the institution’s expenditures on ad- vertising, marketing, and recruiting; At the end of subtitle B of title VII, add section (f); and ‘‘(B) a verification from an independent the following: (4) by inserting after subsection (d) the fol- auditor that the institution is in compliance SEC. 740. REQUIREMENTS REGARDING UPDATE lowing: ‘‘(e) RESTRICTIONS ON SOURCES OF FUNDS with the requirements of this subsection; BY SECRETARY OF DEFENSE OF DE- and PLOYMENT HEALTH FORMS. FOR RECRUITING AND MARKETING ACTIVI- ‘‘(C) a certification from the institution (a) POST DEPLOYMENT HEALTH ASSESS- TIES.— that the institution is in compliance with MENT.—When first updating the post deploy- ‘‘(1) IN GENERAL.—An institution of higher the requirements of this subsection.’’. ment health assessment conducted by the education, or other postsecondary edu- Department of Defense after the date of the cational institution, may not use revenues enactment of this Act, the Secretary of De- derived from Federal educational assistance SA 4365. Mr. CARPER submitted an fense shall include in such assessment a funds for recruiting or marketing activities amendment intended to be proposed by question relating to whether a member of described in paragraph (2). him to the bill S. 2943, to authorize ap- the Armed Forces has witnessed or observed ‘‘(2) COVERED ACTIVITIES.—Except as pro- propriations for fiscal year 2017 for any in-service stressor, including any event, vided in paragraph (3), the recruiting and military activities of the Department marketing activities subject to paragraph (1) activity, or incident, during the deployment of Defense, for military construction, of the member. shall include the following: ‘‘(A) Advertising and promotion activities, and for defense activities of the De- (b) INSTRUCTION ON DEPLOYMENT HEALTH.— partment of Energy, to prescribe mili- When first updating Department of Defense including paid announcements in news- Instruction 6490.03 ‘‘Deployment Health’’ papers, magazines, radio, television, bill- tary personnel strengths for such fiscal after the date of the enactment of this Act, boards, electronic media, naming rights, or year, and for other purposes; which was the Secretary of Defense shall ensure that a any other public medium of communication, ordered to lie on the table; as follows: including paying for displays or promotions description of any in-service stressor, includ- Strike section 812 and insert the following: ing any event, activity, incident, or being a at job fairs, military installations, or college witness to any such event, activity, or inci- recruiting events. SEC. 812. MICRO-PURCHASE THRESHOLD APPLI- ‘‘(B) Efforts to identify and attract pro- CABLE TO GOVERNMENT PROCURE- dent, experienced by a member of the Armed MENTS. Forces that may have caused or contributed spective students, either directly or through (a) INCREASE IN THRESHOLD.—Section 1902 to post-traumatic stress disorder (PTSD) or a contractor or other third party, including of title 41, United States Code, is amended— mild traumatic brain injury (mTBI) while in contact concerning a prospective student’s (1) in subsection (a), by striking ‘‘$3,000’’ combat or on active duty in the Armed potential enrollment or application for and inserting ‘‘$10,000’’; and Forces and any records and data relating to grant, loan, or work assistance under title (2) in subsections (d) and (e), by striking that in-service stressor are electronically IV of the Higher Education Act of 1965 (20 ‘‘not greater than $3,000’’ and inserting ‘‘with uploaded into the military personnel files U.S.C. 1070 et seq.) or participation in a price not greater than the micro-purchase and medical records of the member for the preadmission or advising activities, includ- threshold’’. permanent record of the member. ing— ‘‘(i) paying employees responsible for over- (b) OMB GUIDANCE.—The Director of the Office of Management and Budget shall up- SA 4364. Mr. BROWN submitted an seeing enrollment and for contacting poten- tial students in-person, by phone, by email, date the guidance in Circular A–123, Appen- amendment intended to be proposed by or by other Internet communications regard- dix B, as appropriate, to ensure that agen- him to the bill S. 2943, to authorize ap- ing enrollment; and cies— propriations for fiscal year 2017 for ‘‘(ii) soliciting an individual to provide (1) follow sound acquisition practices when military activities of the Department contact information to an institution of making purchases using the Government of Defense, for military construction, higher education, including websites estab- purchase card; and and for defense activities of the De- lished for such purpose and funds paid to (2) maintain internal controls that reduce partment of Energy, to prescribe mili- third parties for such purpose. the risk of fraud, waste, and abuse in Gov- ernment charge card programs. tary personnel strengths for such fiscal ‘‘(C) Such other activities as the Secretary of Education may prescribe, including pay- (c) CONVENIENCE CHECKS.—A convenience year, and for other purposes; which was ing for promotion or sponsorship of edu- check may not be used for an amount in ex- ordered to lie on the table; as follows: cation or military-related associations. cess of one half of the micro-purchase At the end of subtitle I of title X, add the ‘‘(3) EXCEPTIONS.—Any activity that is re- threshold under section 1902(a) of title 41, following: quired as a condition of receipt of funds by United States Code, or a lower amount set

VerDate Sep 11 2014 05:19 May 27, 2016 Jkt 059060 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.066 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3356 CONGRESSIONAL RECORD — SENATE May 26, 2016 by the head of the agency, and use of conven- ‘‘(D) In subparagraph (C), the term ‘quali- (A) With respect to the Department of De- ience checks shall comply with controls pre- fying offeror’ means an offeror that— fense, the Committee on Armed Services of scribed in OMB Circular A–123, Appendix B. ‘‘(i) is determined to be a responsible the Senate and the Committee on Armed At the end of subtitle B of title VIII, add source; Services of the House of Representatives. the following: ‘‘(ii) submits a proposal that conforms to (B) With respect to the Department of SEC. 829K. SIMPLIFICATION OF THE PROCESS the requirements of the solicitation; and Homeland Security and the General Services FOR PREPARATION AND EVALUA- ‘‘(iii) the contracting officer has no reason Administration, the Committee on Home- TION OF PROPOSALS FOR CERTAIN to believe would likely offer other than fair land Security and Governmental Affairs of SERVICE CONTRACTS. and reasonable pricing.’’. the Senate and the Committee on Oversight (a) CONTRACTING UNDER TITLE 41, UNITED SEC. 829L. PILOT PROGRAMS FOR AUTHORITY TO and Government Reform of the House of Rep- STATES CODE.—Section 3306(c) of title 41, ACQUIRE INNOVATIVE COMMERCIAL resentatives. United States Code, is amended— ITEMS USING GENERAL SOLICITA- (1) in paragraph (1), by inserting ‘‘except as TION COMPETITIVE PROCEDURES. (f) DEFINITION.—In this section, the term provided in paragraph (3),’’ in subparagraphs (a) AUTHORITY.— ‘‘innovative’’ means— (B) and (C) after the subparagraph designa- (1) IN GENERAL.—The head of an agency (1) any new technology, process, or meth- tion; and may carry out a pilot program, to be known od, including research and development; or (2) by adding at the end the following new as a ‘‘commercial solutions opening pilot (2) any new application of an existing tech- paragraphs: program’’, under which innovative commer- nology, process, or method. ‘‘(3) EXCEPTIONS FOR CERTAIN INDEFINITE cial items may be acquired through a com- (g) TERMINATION.—The authority to enter DELIVERY, INDEFINITE QUANTITY MULTIPLE- petitive selection of proposals resulting from into a contract under a pilot program under AWARD CONTRACTS AND CERTAIN FEDERAL SUP- a general solicitation and the peer review of this section terminates on September 30, PLY SCHEDULE CONTRACTS.—If the head of an such proposals. 2022. agency issues a solicitation for multiple task (2) HEAD OF AN AGENCY.—In this section, or delivery order contracts under section the term ‘‘head of an agency’’ means the fol- SEC. 829M. INCREASE IN SIMPLIFIED ACQUISI- 4103 of this title, or a Federal supply sched- lowing: TION THRESHOLD. ule contract under section 501(b) of title 40 (A) The Secretary of Defense. Section 134 of title 41, United States Code, and section 152(3) of this title, for the same (B) The Secretary of Homeland Security. is amended by striking ‘‘$100,000’’ and insert- or similar services and intends to make a (C) The Administrator of General Services. ing ‘‘$500,000’’. contract award to each qualifying offeror— (3) APPLICABILITY OF SECTION.—This section ‘‘(A) cost or price to the Federal Govern- applies to the following agencies: SEC. 829N. CATEGORY MANAGEMENT. ment need not, at the Government’s discre- (A) The Department of Defense. (a) GUIDANCE.—The Office of Management tion, be considered under subparagraph (B) of (B) The Department of Homeland Security. and Budget shall issue guidance to support paragraph (1) as an evaluation factor for the (C) The General Services Administration. the implementation of category manage- contract award; and (b) TREATMENT AS COMPETITIVE PROCE- ment by executive agencies. The guidance ‘‘(B) if, pursuant to subparagraph (A), cost DURES.—Use of general solicitation competi- shall address, at a minimum, the following: or price to the Federal Government is not tive procedures for the pilot program under (1) Principles and practices for— considered as an evaluation factor for the subsection (a) shall be considered— (A) addressing common agency needs for contract award— (1) in the case of the Department of De- goods and services through the use of data ‘‘(i) the disclosure requirement of subpara- fense, to be use of competitive procedures for analytics, application of best-in-class prac- graph (C) of paragraph (1) shall not apply; purposes of chapter 137 of title 10, United tices, and an understanding of market and and States Code; and agency cost drivers and other relevant con- ‘‘(ii) cost or price to the Federal Govern- (2) in the case of the Department of Home- siderations; ment shall be considered in conjunction with land Security and the General Services Ad- (B) reducing duplication of contract vehi- the issuance of a task or delivery order ministration, to be use of competitive proce- cles for the same or similar requirements; under any contract resulting from the solici- dures for purposes division C of title 41, (C) collecting and interagency sharing of tation that is awarded pursuant to section United States Code (as defined in section 152 pricing data, contract terms and conditions, 501(b) of title 40 and section 152(3) of this of such title). and other information as appropriate; title. (c) LIMITATION.—The head of an agency (D) strengthening demand management ‘‘(4) QUALIFYING OFFEROR DEFINED.—In may not enter into a contract under the practices; and paragraph (3), the term ‘qualifying offeror’ pilot program for an amount in excess of (E) meeting other policy objectives means an offeror that— $10,000,000. achieved through Federal contracting, in- ‘‘(A) is determined to be a responsible (d) GUIDANCE.—The head of an agency shall cluding— source; issue guidance for the implementation of the (i) ensuring that small businesses, quali- ‘‘(B) submits a proposal that conforms to pilot program under this section within that fied HUBZone small business concerns, small the requirements of the solicitation; and agency. Such guidance shall be issued in con- businesses owned and controlled by socially ‘‘(C) the contracting officer has no reason sultation with the Office of Management and and economically disadvantaged individuals, to believe would likely offer other than fair Budget and shall be posted for access by the service-disabled veteran-owned small busi- and reasonable pricing.’’. public. nesses, and small businesses owned and con- (b) CONTRACTING UNDER TITLE 10, UNITED (e) REPORT REQUIRED.— trolled by women are provided with the max- STATES CODE.—Section 2305(a)(3) of title 10, (1) IN GENERAL.—Not later than three years United States Code, is amended— after the date of the enactment of this Act, imum practicable opportunities, as available (1) in subparagraph (A), by inserting ‘‘(ex- the head of an agency shall submit to the to other potential contractors, to participate cept as provided in subparagraph (C))’’ in congressional committees specified in para- in Federal acquisitions; and clauses (ii) and (iii) after ‘‘shall’’; and graph (3) a report on the activities the agen- (ii) strengthening sustainability and acces- (2) by adding at the end the following new cy carried out under the pilot program. sibility requirements in Federal acquisi- tions. subparagraphs: (2) ELEMENTS OF REPORT.—Each report ‘‘(C) If the head of an agency issues a solic- under this subsection shall include the fol- (2) The roles and responsibilities of the Of- itation for multiple task or delivery order lowing: fice of Management and Budget, the General contracts under section 2304a(d)(1)(B) of this (A) An assessment of the impact of the Services Administration, and other agencies, title for the same or similar services and in- pilot program on competition. as appropriate, in furthering category man- tends to make a contract award to each (B) In the case of the Department of De- agement principles and practices. qualifying offeror— fense, an assessment of the ability under the (3) Metrics for measuring results achieved ‘‘(i) cost or price to the Federal Govern- pilot program to attract proposals from non- through application of category manage- ment need not, at the Government’s discre- traditional defense contractors (as defined in ment principles and practices. tion, be considered under clause (ii) of sub- section 2302(9) of title 10, United States (b) RESPONSIBILITIES OF AGENCY CHIEF AC- paragraph (A) as an evaluation factor for the Code). QUISITION OFFICERS.—Section 1702(b)(3) of contract award; and (C) A comparison of acquisition timelines title 41, United States Code, is amended— ‘‘(ii) if, pursuant to clause (i), cost or price for— (1) by redesignating subparagraphs (D), (E), to the Federal Government is not considered (i) procurements made using the pilot pro- (F), and (G) as subparagraphs (E), (F), (G), as an evaluation factor for the contract gram; and and (H), respectively; and award— (ii) procurements made using other com- (2) by inserting after subparagraph (C) the ‘‘(I) the disclosure requirement of clause petitive procedures that do not use general following new subparagraph (D): (iii) of subparagraph (A) shall not apply; and solicitations. ‘‘(D) establishing and overseeing a cat- ‘‘(II) cost or price to the Federal Govern- (D) A recommendation on whether the au- egory management program for the agency’s ment shall be considered in conjunction with thority for the pilot program should be made spend in consultation with the agency Chief the issuance pursuant to section 2304c(b) of permanent. Information Officer, the agency Chief Finan- this title of a task or delivery order under (3) The congressional committees specified cial Officer, and other agency officials, as ap- any contract resulting from the solicitation. in this paragraph are the following: propriate;’’.

VerDate Sep 11 2014 05:19 May 27, 2016 Jkt 059060 PO 00000 Frm 00126 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.066 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3357

SEC. 829O. INNOVATION SET ASIDE PILOT PRO- ment and the innovation produced from the ‘‘(B) MEMBERSHIP.—The Secretary shall de- GRAM. award (or expected if contract performance termine the membership of a Department (a) IN GENERAL.—The Director of the Office is not completed). leadership council. of Management and Budget may, in con- (g) SUNSET.—The authority to award an in- ‘‘(4) RELATIONSHIP TO OTHER FORUMS.—The sultation with the Administrator of the novation set-aside under this section shall Secretary or Deputy Secretary may delegate Small Business Administration, conduct a terminate on December 31, 2020. the authority to direct the implementation pilot program to increase the participation (h) DEFINITION.—For purposes of this sec- of any decision or guidance resulting from of new, innovative entities in Federal con- tion, the term ‘‘new entrant contractor’’, the action of a Department leadership coun- tracting through the use of innovation set- with respect to any contract under the pro- cil to any office, component, coordinator, or asides. gram, means an entity that has not been other senior official of the Department. (b) AUTHORITY.—(1) Notwithstanding the awarded a Federal contract within the 5-year ‘‘(c) JOINT REQUIREMENTS COUNCIL.— competition requirements in chapter 33 of period ending on the date on which a solici- ‘‘(1) ESTABLISHMENT.—There is established title 41, United States Code, and the set- tation for that contract is issued under the within the Department a Joint Require- aside requirements in section 15 of the Small program. ments Council. Business Act (15 U.S.C. 644), a Federal agen- ‘‘(2) MISSION.—In addition to other matters cy, with the concurrence of the Director, SA 4366. Mr. CARPER submitted an assigned to it by the Secretary and Deputy may set aside a contract award to one or Secretary, the Joint Requirements Council more new entrant contractors. The Director amendment intended to be proposed by shall— shall consult with the Administrator prior to him to the bill S. 2943, to authorize ap- ‘‘(A) identify, assess, and validate joint re- providing concurrence. propriations for fiscal year 2017 for quirements (including existing systems and (2) Notwithstanding any law addressing military activities of the Department associated capability gaps) to meet mission compliance requirements for Federal con- of Defense, for military construction, needs of the Department; tracts— and for defense activities of the De- ‘‘(B) ensure that appropriate efficiencies (A) except as provided in subparagraph (B), partment of Energy, to prescribe mili- are made among life-cycle cost, schedule, a contract award to a new entrant con- tary personnel strengths for such fiscal and performance objectives, and procure- tractor under the pilot program shall be sub- ment quantity objectives, in the establish- ject to the same relief afforded under section year, and for other purposes; which was ment and approval of joint requirements; 1905 of title 41, United States Code, to con- ordered to lie on the table; as follows: and tracts the value of which is not greater than At the end of subtitle I of title X, add the ‘‘(C) make prioritized capability rec- the simplified acquisition threshold; and following: ommendations for the joint requirements ap- (B) for up to five pilots, the Director may SEC. 1097. DEPARTMENT COORDINATION. proved under subparagraph (A) to the Sec- retary, the Deputy Secretary, or the chair- authorize an agency to make an award to a (a) IN GENERAL.—Title VII of the Homeland person of a Department leadership council new entrant contractor subject to the same Security Act of 2002 (6 U.S.C. 341 et seq.) is designated by the Secretary to review deci- compliance requirements that apply to a amended by adding at the end the following: contractor receiving an award from the Sec- sions of the Joint Requirements Council. ‘‘SEC. 708. DEPARTMENT COORDINATION. retary of Defense under section 2371 of title ‘‘(3) CHAIR.—The Secretary shall appoint a 10 United States Code. ‘‘(a) DEFINITIONS.—In this section— chairperson of the Joint Requirements Coun- (c) CONDITIONS FOR USE.—The authority ‘‘(1) the term ‘joint duty training program’ cil, for a term of not more than 2 years, from provided in subsection (b) may be used under means the training program established among senior officials from components of the following conditions: under subsection (e)(9)(A); the Department or other senior officials as (1)(A) The agency has a requirement for ‘‘(2) the term ‘joint requirement’ means a designated by the Secretary. new methods, processes, or technologies, condition or capability of a Joint Task ‘‘(4) COMPOSITION.—The Joint Require- which may include research and develop- Force, or of multiple operating components ments Council shall be composed of senior ment, or new applications of existing meth- of the Department, that is required to be officials representing components of the De- ods, processes or technologies, to improve met or possessed by a system, product, serv- partment and other senior officials as des- quality, reduce costs, or both; or ice, result, or component to satisfy a con- ignated by the Secretary. (B) Based on market research, the agency tract, standard, specification, or other for- ‘‘(5) RELATIONSHIP TO FUTURE YEARS HOME- has determined that the requirement cannot mally imposed document; LAND SECURITY PROGRAM.—The Secretary be easily provided through an existing Fed- ‘‘(3) the term ‘Joint Task Force’ means a shall ensure that the Future Years Home- eral contract; Joint Task Force established under sub- land Security Program required under sec- (2) The agency intends either to make an section (e) when the scope, complexity, or tion 874 is consistent with the recommenda- award to a small business concern or to give other factors of the crisis or issue require ca- tions of the Joint Requirements Council special consideration to a small business pabilities of 2 or more components of the De- under paragraph (2)(C) of this subsection, as concern before making an award to other partment operating under the guidance of a affirmed by the Secretary, the Deputy Sec- than a small business; and single Director; and retary, or the chairperson of a Department (3) The length of the resulting contract ‘‘(4) the term ‘situational awareness’ leadership council designated by the Sec- will not exceed 2 years. means knowledge and unified understanding retary under that paragraph. (d) NUMBER OF PILOTS.—The Director may of unlawful cross-border activity, including— ‘‘(d) JOINT OPERATIONAL PLANS.— authorize the use of up to 25 innovation set- ‘‘(A) threats and trends concerning illicit ‘‘(1) PLANNING AND GUIDANCE.—The Sec- asides acquisitions. trafficking and unlawful crossings; retary may direct the development of Joint (e) AWARD AMOUNT.— ‘‘(B) the ability to forecast future shifts in Operational Plans for the Department and (1) Except as provided in paragraph (2), the such threats and trends; issue planning guidance for such develop- amount of an award under the pilot program ‘‘(C) the ability to evaluate such threats ment. under this section may not exceed $2,000,000 and trends at a level sufficient to create ac- ‘‘(2) COORDINATION.—The Secretary shall (including any options). tionable plans; and ensure coordination between requirements (2) The Director may authorize not more ‘‘(D) the operational capability to conduct derived from Joint Operational Plans and than 5 set-asides with an award amount continuous and integrated surveillance of the Future Years Homeland Security Pro- greater than $2,000,000 but not greater than the air, land, and maritime borders of the gram required under section 874. $5,000,000 (including any options). United States. ‘‘(3) LIMITATION.—Nothing in this sub- (f) GUIDANCE AND REPORTING.— ‘‘(b) DEPARTMENT LEADERSHIP COUNCILS.— section shall be construed to affect the na- (1) The Director shall issue guidance, as ‘‘(1) ESTABLISHMENT.—The Secretary may tional emergency management authorities necessary, to implement the pilot program establish such Department leadership coun- and responsibilities of the Administrator of under this section. cils as the Secretary determines necessary to the Federal Emergency Management Agency (2) Within 3 years after the date of the en- ensure coordination among leadership in the under title V. actment of this Act, the Director, in con- Department. ‘‘(e) JOINT TASK FORCES.— sultation with the Administrator shall sub- ‘‘(2) FUNCTION.—Department leadership ‘‘(1) ESTABLISHMENT.—The Secretary may mit to Congress a report on the pilot pro- councils shall— establish and operate Departmental Joint gram under this section. The report shall in- ‘‘(A) serve as coordinating forums; Task Forces to conduct joint operations clude the following: ‘‘(B) advise the Secretary and Deputy Sec- using personnel and capabilities of the De- (A) The number of awards (or orders under retary on Department strategy, operations, partment. the Schedule) made under the authority of and guidance; and ‘‘(2) JOINT TASK FORCE DIRECTORS.— this section. ‘‘(C) consider and report on such other ‘‘(A) DIRECTOR.—Each Joint Task Force (B) For each award (or order)— matters as the Secretary or Deputy Sec- shall be headed by a Director appointed by (i) the agency that made the award (or retary may direct. the Secretary for a term of not more than 2 order); ‘‘(3) CHAIRPERSON; MEMBERSHIP.— years, who shall be a senior official of the (ii) the amount of the award (or order); and ‘‘(A) CHAIRPERSON.—The Secretary or a Department. (iii) a brief description of the award (or designee may serve as chairperson of a De- ‘‘(B) EXTENSION.—The Secretary may ex- order), including the nature of the require- partment leadership council. tend the appointment of a Director of a

VerDate Sep 11 2014 05:19 May 27, 2016 Jkt 059060 PO 00000 Frm 00127 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.066 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3358 CONGRESSIONAL RECORD — SENATE May 26, 2016 Joint Task Force for not more than 2 years ministrative direction of the executive agent Security and Governmental Affairs of the if the Secretary determines that such an ex- for the Joint Task Force. Senate and the Committee on Homeland Se- tension is in the best interest of the Depart- ‘‘(7) JOINT TASK FORCE STAFF.—Each Joint curity of the House of Representatives. ment. Task Force shall have a staff, composed of ‘‘(B) WAIVER AUTHORITY.—The Secretary ‘‘(3) JOINT TASK FORCE DEPUTY DIRECTORS.— officials from relevant components, to assist may waive the requirement under subpara- For each Joint Task Force, the Secretary the Director in carrying out the mission and graph (A) in the event of an emergency cir- shall appoint a Deputy Director who shall be responsibilities of the Joint Task Force. cumstance that imminently threatens the an official of a different component or office ‘‘(8) ESTABLISHMENT OF PERFORMANCE protection of human life or the protection of than the Director of the Joint Task Force. METRICS.—The Secretary shall— property. ‘‘(4) RESPONSIBILITIES.—The Director of a ‘‘(A) establish outcome-based and other ap- ‘‘(12) REVIEW.— Joint Task Force, subject to the oversight, propriate performance metrics to evaluate ‘‘(A) IN GENERAL.—The Inspector General direction, and guidance of the Secretary, the effectiveness of each Joint Task Force; of the Department shall conduct a review of shall— ‘‘(B) not later than 120 days after the date the Joint Task Forces established under this ‘‘(A) maintain situational awareness with- of enactment of this section, submit the subsection. in the areas of responsibility of the Joint metrics established under subparagraph (A) ‘‘(B) CONTENTS.—The review required under Task Force, as determined by the Secretary; to the Committee on Homeland Security and subparagraph (A) shall include— ‘‘(B) provide operational plans and require- Governmental Affairs of the Senate and the ‘‘(i) an assessment of the effectiveness of ments for standard operating procedures and Committee on Homeland Security of the the structure of each Joint Task Force; and contingency operations; House of Representatives; and ‘‘(ii) recommendations for enhancements ‘‘(C) plan and execute joint task force ac- ‘‘(C) not later than January 31 of each year to that structure to strengthen the effective- tivities within the areas of responsibility of beginning in 2017, submit to each committee ness of the Joint Task Force. the Joint Task Force, as determined by the described in subparagraph (B) a report that ‘‘(C) SUBMISSION.—The Inspector General of Secretary; contains the evaluation described in sub- the Department shall submit to the Com- ‘‘(D) set and accomplish strategic objec- paragraph (A). mittee on Homeland Security and Govern- tives through integrated operational plan- ‘‘(9) JOINT DUTY TRAINING PROGRAM.— mental Affairs of the Senate and the Com- ning and execution; ‘‘(A) IN GENERAL.—The Secretary shall— mittee on Homeland Security of the House of ‘‘(E) exercise operational direction over ‘‘(i) establish a joint duty training pro- Representatives— personnel and equipment from components gram in the Department for the purposes ‘‘(i) an initial report that contains the and offices of the Department allocated to of— evaluation described in subparagraph (A) by the Joint Task Force to accomplish the ob- ‘‘(I) enhancing coordination within the De- not later than January 31, 2018; and jectives of the Joint Task Force; partment; and ‘‘(ii) a second report that contains the ‘‘(F) establish operational and investiga- ‘‘(II) promoting workforce professional de- evaluation described in subparagraph (A) by tive priorities within the operating areas of velopment; and not later than January 31, 2021. the Joint Task Force; ‘‘(ii) tailor the joint duty training program ‘‘(13) LIMITATION ON JOINT TASK FORCES.— ‘‘(G) coordinate with foreign governments to improve joint operations as part of the ‘‘(A) IN GENERAL.—The Secretary may not and other Federal, State, and local agencies, Joint Task Forces. establish a Joint Task Force for any major as appropriate, to carry out the mission of ‘‘(B) ELEMENTS.—The joint duty training disaster or emergency declared under the the Joint Task Force; and program established under subparagraph (A) Robert T. Stafford Disaster Relief and Emer- ‘‘(H) carry out other duties and powers the shall address, at a minimum, the following gency Assistance Act (42 U.S.C. 5121 et seq.) Secretary determines appropriate. topics: or an incident for which the Federal Emer- ‘‘(5) PERSONNEL AND RESOURCES.— ‘‘(i) National security strategy. gency Management Agency has primary re- ‘‘(A) IN GENERAL.—The Secretary may, ‘‘(ii) Strategic and contingency planning. sponsibility for management of the response upon request of the Director of a Joint Task ‘‘(iii) Command and control of operations under title V of this Act, including section Force, and giving appropriate consideration under joint command. 504(a)(3)(A), unless the responsibilities of the of risk to the other primary missions of the ‘‘(iv) International engagement. Department, allocate on a temporary basis ‘‘(v) The homeland security enterprise. Joint Task Force— personnel and equipment of components and ‘‘(vi) Interagency collaboration. ‘‘(i) do not include operational functions offices of the Department to a Joint Task ‘‘(vii) Leadership. related to incident management, including Force. ‘‘(viii) Specific subject matter relevant to coordination of operations; and ‘‘(ii) are consistent with the requirements ‘‘(B) COST NEUTRALITY.—A Joint Task the Joint Task Force to which the joint duty Force may not require more personnel, training program is assigned. of paragraphs (3) and (4)(A) of section 503(c) equipment, or resources than would be re- ‘‘(C) TRAINING REQUIRED.— and section 509(c) of this Act and section 302 quired by components of the Department in ‘‘(i) DIRECTORS AND DEPUTY DIRECTORS.— of the Robert T. Stafford Disaster Relief and the absence of the Joint Task Force. Except as provided in clauses (iii) and (iv), Emergency Assistance Act (42 U.S.C. 5143). ‘‘(C) LOCATION OF OPERATIONS.—In estab- an individual shall complete the joint duty ‘‘(B) RESPONSIBILITIES AND FUNCTIONS NOT lishing a location of operations for a Joint training program before being appointed Di- REDUCED.—Nothing in this section shall be Task Force, the Secretary shall, to the ex- rector or Deputy Director of a Joint Task construed to reduce the responsibilities or tent practicable, use existing facilities that Force. functions of the Federal Emergency Manage- integrate efforts of components of the De- ‘‘(ii) JOINT TASK FORCE STAFF.—Each offi- ment Agency or the Administrator thereof partment and State, local, tribal, or terri- cial serving on the staff of a Joint Task under title V of this Act and any other provi- torial law enforcement or military entities. Force shall complete the joint duty training sion of law, including the diversion of any ‘‘(D) REPORT.—The Secretary shall, at the program within the first year of assignment asset, function, or mission from the Federal time the budget of the President is sub- to the Joint Task Force. Emergency Management Agency or the Ad- mitted to Congress for a fiscal year under ‘‘(iii) EXCEPTION.—Clause (i) shall not ministrator thereof pursuant to section 506. section 1105(a) of title 31, United States apply to the first Director or Deputy Direc- ‘‘(f) JOINT DUTY ASSIGNMENT PROGRAM.— Code, submit to the congressional homeland tor appointed to a Joint Task Force on or The Secretary may establish a joint duty as- security committees a report on the total after the date of enactment of this section. signment program within the Department funding, personnel, and other resources that ‘‘(iv) WAIVER.—The Secretary may waive for the purposes of enhancing coordination each component of the Department allocated clause (i) if the Secretary determines that in the Department and promoting workforce to each Joint Task Force to carry out the such a waiver is in the interest of homeland professional development.’’. mission of the Joint Task Force during the security. (b) TECHNICAL AND CONFORMING AMEND- fiscal year immediately preceding the re- ‘‘(10) ESTABLISHING JOINT TASK FORCES.— MENT.—The table of contents in section 1(b) port. Subject to paragraph (13), the Secretary may of the Homeland Security Act of 2002 (Public ‘‘(6) COMPONENT RESOURCE AUTHORITY.—As establish Joint Task Forces for the purposes Law 107–296; 116 Stat. 2135) is amended by in- directed by the Secretary— of— serting after the item relating to section 707 ‘‘(A) each Director of a Joint Task Force ‘‘(A) coordinating and directing operations the following: shall be provided sufficient resources from along the land and maritime borders of the ‘‘Sec. 708. Department coordination.’’. relevant components and offices of the De- United States; partment and the authority necessary to ‘‘(B) cybersecurity; and SA 4367. Mr. JOHNSON (for himself carry out the missions and responsibilities ‘‘(C) preventing, preparing for, and re- and Mr. CARPER) submitted an amend- required under this section; sponding to other homeland security mat- ment intended to be proposed by him ‘‘(B) the resources referred to in subpara- ters, as determined by the Secretary. to the bill S. 2943, to authorize appro- graph (A) shall be under the operational au- ‘‘(11) NOTIFICATION OF JOINT TASK FORCE priations for fiscal year 2017 for mili- thority, direction, and control of the Direc- FORMATION.— tor of the Joint Task Force to which the re- ‘‘(A) IN GENERAL.—Not later than 90 days tary activities of the Department of sources are assigned; and before establishing a Joint Task Force under Defense, for military construction, and ‘‘(C) the personnel and equipment of each this subsection, the Secretary shall submit a for defense activities of the Depart- Joint Task Force shall remain under the ad- notification to the Committee on Homeland ment of Energy, to prescribe military

VerDate Sep 11 2014 05:19 May 27, 2016 Jkt 059060 PO 00000 Frm 00128 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.067 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3359 personnel strengths for such fiscal ‘‘(A) the development of centralized data contractor is excluded from receiving Fed- year, and for other purposes; which was sources and connectivity of information sys- eral contracts, certain subcontracts, and cer- ordered to lie on the table; as follows: tems to the greatest extent practicable to tain types of Federal financial and non-fi- enhance program visibility, transparency, nancial assistance and benefits.’’. At the end, add the following: and operational effectiveness and coordina- SEC. 6102. DEPARTMENT COORDINATION. DIVISION F—DHS ACCOUNTABILITY tion; SECTION 6001. SHORT TITLE. ‘‘(B) the development of standardized and (a) IN GENERAL.—Title VII of the Homeland This division may be cited as the ‘‘DHS Ac- automated management information to Security Act of 2002 (6 U.S.C. 341 et seq.) is countability Act of 2016’’. manage and oversee programs and make in- amended by adding at the end the following: SEC. 6002. DEFINITIONS. formed decisions to improve the efficiency of ‘‘SEC. 708. DEPARTMENT COORDINATION. In this division: the Department; (1) CONGRESSIONAL HOMELAND SECURITY ‘‘(C) the development of effective program ‘‘(a) DEFINITIONS.—In this section— COMMITTEES.—The term ‘‘congressional management and regular oversight mecha- ‘‘(1) the term ‘joint duty training program’ homeland security committees’’ means— nisms, including clear roles and processes for means the training program established (A) the Committee on Homeland Security program governance, sharing of best prac- under subsection (e)(9)(A); and Governmental Affairs of the Senate; tices, and access to timely, reliable, and ‘‘(2) the term ‘joint requirement’ means a (B) the Committee on Homeland Security evaluated data on all acquisitions and in- condition or capability of a Joint Task of the House of Representatives; vestments; and Force, or of multiple operating components (C) the Homeland Security Subcommittee ‘‘(D) the overall supervision, including the of the Department, that is required to be of the Committee on Appropriations of the conduct of internal audits and management met or possessed by a system, product, serv- Senate; and analyses, of the programs and activities of ice, result, or component to satisfy a con- (D) the Homeland Security Subcommittee the Department, including establishment of tract, standard, specification, or other for- of the Committee on Appropriations of the oversight procedures to ensure a full and ef- mally imposed document; House of Representatives. fective review of the efforts by components ‘‘(3) the term ‘Joint Task Force’ means a (2) DEPARTMENT.—The term ‘‘Department’’ of the Department to implement policies and Joint Task Force established under sub- means the Department of Homeland Secu- procedures of the Department for manage- section (e) when the scope, complexity, or rity. ment integration and transformation.’’; other factors of the crisis or issue require ca- (3) SECRETARY.—The term ‘‘Secretary’’ (B) by redesignating paragraphs (10) and pabilities of 2 or more components of the De- means the Secretary of Homeland Security. (11) as paragraphs (12) and (13), respectively; partment operating under the guidance of a single Director; and TITLE LXXI—DEPARTMENT MANAGEMENT and ‘‘(4) the term ‘situational awareness’ AND COORDINATION (C) by inserting after paragraph (9) the fol- means knowledge and unified understanding SEC. 6101. MANAGEMENT AND EXECUTION. lowing: ‘‘(10) The development of a transition and of unlawful cross-border activity, including— (a) IN GENERAL.—Section 103 of the Home- ‘‘(A) threats and trends concerning illicit land Security Act of 2002 (6 U.S.C. 113) is succession plan, before December 1 of each year in which a Presidential election is held, trafficking and unlawful crossings; amended— ‘‘(B) the ability to forecast future shifts in (1) in subsection (a)(1)— to guide the transition of Department func- tions to a new Presidential administration, such threats and trends; (A) by striking subparagraph (F) and in- ‘‘(C) the ability to evaluate such threats serting the following: and making such plan available to the next Secretary and Under Secretary for Manage- and trends at a level sufficient to create ac- ‘‘(F) An Under Secretary for Management, tionable plans; and who shall be first assistant to the Deputy ment and to the congressional homeland se- curity committees. ‘‘(D) the operational capability to conduct Secretary of Homeland Security for purposes continuous and integrated surveillance of of subchapter III of chapter 33 of title 5, ‘‘(11) Reporting to the Government Ac- countability Office every 6 months to dem- the air, land, and maritime borders of the United States Code.’’; and United States. (B) by adding at the end the following: onstrate measurable, sustainable progress EPARTMENT LEADERSHIP COUNCILS.— ‘‘(K) An Under Secretary for Strategy, Pol- made in implementing the corrective action ‘‘(b) D ‘‘(1) ESTABLISHMENT.—The Secretary may icy, and Plans.’’; and plans of the Department to address the des- establish such Department leadership coun- (2) by adding at the end the following: ignation of the management functions of the ‘‘(g) VACANCIES.— Department on the bi-annual high risk list of cils as the Secretary determines necessary to ‘‘(1) ABSENCE, DISABILITY, OR VACANCY OF the Government Accountability Office, until ensure coordination among leadership in the SECRETARY OR DEPUTY SECRETARY.—Notwith- the Comptroller General of the United States Department. standing section 3345 of title 5, United States submits to the appropriate congressional ‘‘(2) FUNCTION.—Department leadership Code, the Under Secretary for Management committees written notification of removal councils shall— shall serve as the Acting Secretary if by rea- of the high-risk designation.’’; ‘‘(A) serve as coordinating forums; son of absence, disability, or vacancy in of- (2) by striking subsection (b) and inserting ‘‘(B) advise the Secretary and Deputy Sec- fice, neither the Secretary nor Deputy Sec- the following: retary on Department strategy, operations, retary is available to exercise the duties of ‘‘(b) WAIVERS FOR CONDUCTING BUSINESS and guidance; and WITH SUSPENDED OR DEBARRED CONTRAC- the Office of the Secretary. ‘‘(C) consider and report on such other TORS.—Not later than 5 days after the date ‘‘(2) FURTHER ORDER OF SUCCESSION.—Not- matters as the Secretary or Deputy Sec- on which the Chief Procurement Officer or withstanding section 3345 of title 5, United retary may direct. Chief Financial Officer of the Department States Code, the Secretary may designate ‘‘(3) CHAIRPERSON; MEMBERSHIP.— issues a waiver of the requirement that an such other officers of the Department in fur- ‘‘(A) CHAIRPERSON.—The Secretary or a agency not engage in business with a con- designee may serve as chairperson of a De- ther order of succession to serve as Acting tractor or other recipient of funds listed as a Secretary. partment leadership council. party suspended or debarred from receiving EMBERSHIP ‘‘(3) NOTIFICATION OF VACANCIES.—The Sec- ‘‘(B) M .—The Secretary shall de- contracts, grants, or other types of Federal termine the membership of a Department retary shall notify the Committee on Home- assistance in the System for Award Manage- land Security and Governmental Affairs of leadership council. ment maintained by the General Services ‘‘(4) RELATIONSHIP TO OTHER FORUMS.—The the Senate and the Committee on Homeland Administration, or any successor thereto, Security of the House of Representatives of Secretary or Deputy Secretary may delegate the Under Secretary for Management shall the authority to direct the implementation any vacancies that require notification submit to the congressional homeland secu- under sections 3345 through 3349d of title 5, of any decision or guidance resulting from rity committees and the Inspector General of the action of a Department leadership coun- United States Code (commonly known as the the Department notice of the waiver and an cil to any office, component, coordinator, or ‘Federal Vacancies Reform Act of 1998’).’’. explanation of the finding by the Under Sec- other senior official of the Department. (b) IN GENERAL.—Section 701 of the Home- retary that a compelling reason exists for land Security Act of 2002 (6 U.S.C. 341) is the waiver.’’; ‘‘(c) JOINT REQUIREMENTS COUNCIL.— amended— (3) by redesignating subsection (d) as sub- ‘‘(1) ESTABLISHMENT.—There is established (1) in subsection (a)— section (e); and within the Department a Joint Require- (A) by striking paragraph (9) and inserting (4) by inserting after subsection (c) the fol- ments Council. the following: lowing: ‘‘(2) MISSION.—In addition to other matters ‘‘(9) The management integration and ‘‘(d) SYSTEM FOR AWARD MANAGEMENT CON- assigned to it by the Secretary and Deputy transformation within each functional man- SULTATION.—The Under Secretary for Man- Secretary, the Joint Requirements Council agement discipline of the Department, in- agement shall require that all Department shall— cluding information technology, financial contracting and grant officials consult the ‘‘(A) identify, assess, and validate joint re- management, acquisition management, and System for Award Management (or successor quirements (including existing systems and human capital management, to ensure an ef- system) as maintained by the General Serv- associated capability gaps) to meet mission ficient and orderly consolidation of func- ices Administration prior to awarding a con- needs of the Department; tions and personnel in the Department, in- tract or grant or entering into other trans- ‘‘(B) ensure that appropriate efficiencies cluding— actions to ascertain whether the selected are made among life-cycle cost, schedule,

VerDate Sep 11 2014 05:19 May 27, 2016 Jkt 059060 PO 00000 Frm 00129 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.068 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3360 CONGRESSIONAL RECORD — SENATE May 26, 2016 and performance objectives, and procure- ‘‘(D) set and accomplish strategic objec- contains the evaluation described in sub- ment quantity objectives, in the establish- tives through integrated operational plan- paragraph (A). ment and approval of joint requirements; ning and execution; ‘‘(9) JOINT DUTY TRAINING PROGRAM.— and ‘‘(E) exercise operational direction over ‘‘(A) IN GENERAL.—The Secretary shall— ‘‘(C) make prioritized capability rec- personnel and equipment from components ‘‘(i) establish a joint duty training pro- ommendations for the joint requirements ap- and offices of the Department allocated to gram in the Department for the purposes proved under subparagraph (A) to the Sec- the Joint Task Force to accomplish the ob- of— retary, the Deputy Secretary, or the chair- jectives of the Joint Task Force; ‘‘(I) enhancing coordination within the De- person of a Department leadership council ‘‘(F) establish operational and investiga- partment; and designated by the Secretary to review deci- tive priorities within the operating areas of ‘‘(II) promoting workforce professional de- sions of the Joint Requirements Council. the Joint Task Force; velopment; and ‘‘(3) CHAIR.—The Secretary shall appoint a ‘‘(G) coordinate with foreign governments ‘‘(ii) tailor the joint duty training program chairperson of the Joint Requirements Coun- and other Federal, State, and local agencies, to improve joint operations as part of the cil, for a term of not more than 2 years, from as appropriate, to carry out the mission of Joint Task Forces. among senior officials from components of the Joint Task Force; and ‘‘(B) ELEMENTS.—The joint duty training the Department or other senior officials as ‘‘(H) carry out other duties and powers the program established under subparagraph (A) designated by the Secretary. Secretary determines appropriate. shall address, at a minimum, the following ‘‘(4) COMPOSITION.—The Joint Require- ‘‘(5) PERSONNEL AND RESOURCES.— topics: ments Council shall be composed of senior ‘‘(A) IN GENERAL.—The Secretary may, ‘‘(i) National security strategy. officials representing components of the De- upon request of the Director of a Joint Task ‘‘(ii) Strategic and contingency planning. partment and other senior officials as des- Force, and giving appropriate consideration ‘‘(iii) Command and control of operations ignated by the Secretary. of risk to the other primary missions of the under joint command. ‘‘(5) RELATIONSHIP TO FUTURE YEARS HOME- Department, allocate on a temporary basis ‘‘(iv) International engagement. LAND SECURITY PROGRAM.—The Secretary personnel and equipment of components and ‘‘(v) The homeland security enterprise. shall ensure that the Future Years Home- offices of the Department to a Joint Task ‘‘(vi) Interagency collaboration. land Security Program required under sec- Force. ‘‘(vii) Leadership. tion 874 is consistent with the recommenda- ‘‘(B) COST NEUTRALITY.—A Joint Task ‘‘(viii) Specific subject matter relevant to tions of the Joint Requirements Council Force may not require more personnel, the Joint Task Force to which the joint duty under paragraph (2)(C) of this subsection, as equipment, or resources than would be re- training program is assigned. affirmed by the Secretary, the Deputy Sec- quired by components of the Department in ‘‘(C) TRAINING REQUIRED.— retary, or the chairperson of a Department the absence of the Joint Task Force. ‘‘(i) DIRECTORS AND DEPUTY DIRECTORS.— leadership council designated by the Sec- ‘‘(C) LOCATION OF OPERATIONS.—In estab- Except as provided in clauses (iii) and (iv), retary under that paragraph. lishing a location of operations for a Joint an individual shall complete the joint duty ‘‘(d) JOINT OPERATIONAL PLANS.— Task Force, the Secretary shall, to the ex- training program before being appointed Di- ‘‘(1) PLANNING AND GUIDANCE.—The Sec- tent practicable, use existing facilities that rector or Deputy Director of a Joint Task retary may direct the development of Joint integrate efforts of components of the De- Force. Operational Plans for the Department and partment and State, local, tribal, or terri- ‘‘(ii) JOINT TASK FORCE STAFF.—Each offi- issue planning guidance for such develop- torial law enforcement or military entities. cial serving on the staff of a Joint Task ment. ‘‘(D) REPORT.—The Secretary shall, at the Force shall complete the joint duty training ‘‘(2) COORDINATION.—The Secretary shall time the budget of the President is sub- program within the first year of assignment ensure coordination between requirements mitted to Congress for a fiscal year under to the Joint Task Force. derived from Joint Operational Plans and section 1105(a) of title 31, United States ‘‘(iii) EXCEPTION.—Clause (i) shall not the Future Years Homeland Security Pro- Code, submit to the congressional homeland apply to the first Director or Deputy Direc- gram required under section 874. security committees a report on the total tor appointed to a Joint Task Force on or ‘‘(3) LIMITATION.—Nothing in this sub- funding, personnel, and other resources that after the date of enactment of this section. section shall be construed to affect the na- each component of the Department allocated ‘‘(iv) WAIVER.—The Secretary may waive tional emergency management authorities to each Joint Task Force to carry out the clause (i) if the Secretary determines that and responsibilities of the Administrator of mission of the Joint Task Force during the such a waiver is in the interest of homeland the Federal Emergency Management Agency fiscal year immediately preceding the re- security. under title V. port. ‘‘(10) ESTABLISHING JOINT TASK FORCES.— ‘‘(e) JOINT TASK FORCES.— ‘‘(6) COMPONENT RESOURCE AUTHORITY.—As Subject to paragraph (13), the Secretary may ‘‘(1) ESTABLISHMENT.—The Secretary may directed by the Secretary— establish Joint Task Forces for the purposes establish and operate Departmental Joint ‘‘(A) each Director of a Joint Task Force of— Task Forces to conduct joint operations shall be provided sufficient resources from ‘‘(A) coordinating and directing operations using personnel and capabilities of the De- relevant components and offices of the De- along the land and maritime borders of the partment. partment and the authority necessary to United States; ‘‘(2) JOINT TASK FORCE DIRECTORS.— carry out the missions and responsibilities ‘‘(B) cybersecurity; and ‘‘(A) DIRECTOR.—Each Joint Task Force required under this section; ‘‘(C) preventing, preparing for, and re- shall be headed by a Director appointed by ‘‘(B) the resources referred to in subpara- sponding to other homeland security mat- the Secretary for a term of not more than 2 graph (A) shall be under the operational au- ters, as determined by the Secretary. years, who shall be a senior official of the thority, direction, and control of the Direc- ‘‘(11) NOTIFICATION OF JOINT TASK FORCE Department. tor of the Joint Task Force to which the re- FORMATION.— ‘‘(B) EXTENSION.—The Secretary may ex- sources are assigned; and ‘‘(A) IN GENERAL.—Not later than 90 days tend the appointment of a Director of a ‘‘(C) the personnel and equipment of each before establishing a Joint Task Force under Joint Task Force for not more than 2 years Joint Task Force shall remain under the ad- this subsection, the Secretary shall submit a if the Secretary determines that such an ex- ministrative direction of the executive agent notification to the Committee on Homeland tension is in the best interest of the Depart- for the Joint Task Force. Security and Governmental Affairs of the ment. ‘‘(7) JOINT TASK FORCE STAFF.—Each Joint Senate and the Committee on Homeland Se- ‘‘(3) JOINT TASK FORCE DEPUTY DIRECTORS.— Task Force shall have a staff, composed of curity of the House of Representatives. For each Joint Task Force, the Secretary officials from relevant components, to assist ‘‘(B) WAIVER AUTHORITY.—The Secretary shall appoint a Deputy Director who shall be the Director in carrying out the mission and may waive the requirement under subpara- an official of a different component or office responsibilities of the Joint Task Force. graph (A) in the event of an emergency cir- than the Director of the Joint Task Force. ‘‘(8) ESTABLISHMENT OF PERFORMANCE cumstance that imminently threatens the ‘‘(4) RESPONSIBILITIES.—The Director of a METRICS.—The Secretary shall— protection of human life or the protection of Joint Task Force, subject to the oversight, ‘‘(A) establish outcome-based and other ap- property. direction, and guidance of the Secretary, propriate performance metrics to evaluate ‘‘(12) REVIEW.— shall— the effectiveness of each Joint Task Force; ‘‘(A) IN GENERAL.—The Inspector General ‘‘(A) maintain situational awareness with- ‘‘(B) not later than 120 days after the date of the Department shall conduct a review of in the areas of responsibility of the Joint of enactment of this section, submit the the Joint Task Forces established under this Task Force, as determined by the Secretary; metrics established under subparagraph (A) subsection. ‘‘(B) provide operational plans and require- to the Committee on Homeland Security and ‘‘(B) CONTENTS.—The review required under ments for standard operating procedures and Governmental Affairs of the Senate and the subparagraph (A) shall include— contingency operations; Committee on Homeland Security of the ‘‘(i) an assessment of the effectiveness of ‘‘(C) plan and execute joint task force ac- House of Representatives; and the structure of each Joint Task Force; and tivities within the areas of responsibility of ‘‘(C) not later than January 31 of each year ‘‘(ii) recommendations for enhancements the Joint Task Force, as determined by the beginning in 2017, submit to each committee to that structure to strengthen the effective- Secretary; described in subparagraph (B) a report that ness of the Joint Task Force.

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‘‘(C) SUBMISSION.—The Inspector General of ‘‘(1) relating to events, threats, and inci- each component of the Department shall co- the Department shall submit to the Com- dents involving a natural disaster, act of ter- ordinate with the Office of Strategy, Policy, mittee on Homeland Security and Govern- rorism, or other man-made disaster; and Plans in establishing or modifying poli- mental Affairs of the Senate and the Com- ‘‘(2) concerning the status and potential cies or strategic planning guidance. mittee on Homeland Security of the House of vulnerability of the critical infrastructure ‘‘(e) HOMELAND SECURITY STATISTICS AND Representatives— and key resources of the United States; JOINT ANALYSIS.— ‘‘(i) an initial report that contains the ‘‘(3) relevant to the mission of the Depart- ‘‘(1) HOMELAND SECURITY STATISTICS.—The evaluation described in subparagraph (A) by ment of Homeland Security; or Under Secretary for Strategy, Policy, and not later than January 31, 2018; and ‘‘(4) as may be requested by the Secretary Plans shall— ‘‘(ii) a second report that contains the under section 202.’’; and ‘‘(A) establish standards of reliability and evaluation described in subparagraph (A) by (5) in subsection (d), as so redesignated— validity for statistical data collected and not later than January 31, 2021. (A) in the subsection heading, by striking analyzed by the Department; ‘‘(13) LIMITATION ON JOINT TASK FORCES.— ‘‘FIRE SERVICE’’ and inserting ‘‘EMERGENCY ‘‘(B) be provided with statistical data ‘‘(A) IN GENERAL.—The Secretary may not RESPONDER’’; maintained by the Department regarding the establish a Joint Task Force for any major (B) by striking paragraph (1) and inserting operations of the Department; disaster or emergency declared under the the following: ‘‘(C) conduct or oversee analysis and re- Robert T. Stafford Disaster Relief and Emer- ‘‘(1) ESTABLISHMENT OF POSITIONS.—The porting of such data by the Department as gency Assistance Act (42 U.S.C. 5121 et seq.) Secretary shall establish a position, on a ro- required by law or directed by the Secretary; or an incident for which the Federal Emer- tating basis, for a representative of State and gency Management Agency has primary re- and local emergency responders at the Na- ‘‘(D) ensure the accuracy of metrics and sponsibility for management of the response tional Operations Center established under statistical data provided to Congress. under title V of this Act, including section subsection (b) to ensure the effective sharing ‘‘(2) TRANSFER OF RESPONSIBILITIES.—There 504(a)(3)(A), unless the responsibilities of the of information between the Federal Govern- shall be transferred to the Under Secretary Joint Task Force— ment and State and local emergency re- for Strategy, Policy, and Plans the mainte- ‘‘(i) do not include operational functions sponse services.’’; nance of all immigration statistical informa- related to incident management, including (C) by striking paragraph (2); and tion of U.S. Customs and Border Protection coordination of operations; and (D) by redesignating paragraph (3) as para- and U.S. Citizenship and Immigration Serv- ‘‘(ii) are consistent with the requirements graph (2). ices, which shall include information and of paragraphs (3) and (4)(A) of section 503(c) SEC. 6104. HOMELAND SECURITY ADVISORY statistics of the type contained in the publi- and section 509(c) of this Act and section 302 COUNCIL. cation entitled ‘Yearbook of Immigration of the Robert T. Stafford Disaster Relief and (a) IN GENERAL.—Section 102(b) of the Statistics’ prepared by the Office of Immi- Emergency Assistance Act (42 U.S.C. 5143). Homeland Security Act of 2002 (6 U.S.C. gration Statistics, including region-by-re- ‘‘(B) RESPONSIBILITIES AND FUNCTIONS NOT 112(b)) is amended— gion statistics on the aggregate number of REDUCED.—Nothing in this section shall be (1) in paragraph (2), by striking ‘‘and’’ at applications and petitions filed by an alien construed to reduce the responsibilities or the end; (or filed on behalf of an alien) and denied, functions of the Federal Emergency Manage- (2) in paragraph (3), by striking the period and the reasons for such denials, ment Agency or the Administrator thereof at the end and inserting ‘‘; and’’; and disaggregated by category of denial and ap- under title V of this Act and any other provi- (3) by adding at the end the following: plication or petition type.’’. sion of law, including the diversion of any ‘‘(4) shall establish a Homeland Security (b) TECHNICAL AND CONFORMING AMEND- asset, function, or mission from the Federal Advisory Council to provide advice and rec- MENT.—The table of contents in section 1(b) Emergency Management Agency or the Ad- ommendations on homeland security and of the Homeland Security Act of 2002 (Public ministrator thereof pursuant to section 506. homeland security-related matters.’’. Law 107–296; 116 Stat. 2135), as amended by ‘‘(f) JOINT DUTY ASSIGNMENT PROGRAM.— this Act, is amended by inserting after the The Secretary may establish a joint duty as- SEC. 6105. STRATEGY, POLICY, AND PLANS. item relating to section 708 the following: signment program within the Department (a) IN GENERAL.—Title VII of the Homeland for the purposes of enhancing coordination Security Act of 2002 (6 U.S.C. 341 et seq.), as ‘‘Sec. 709. Office of Strategy, Policy, and in the Department and promoting workforce amended by this Act, is amended by adding Plans.’’. professional development.’’. at the end the following: SEC. 6106. AUTHORIZATION OF THE OFFICE FOR (b) TECHNICAL AND CONFORMING AMEND- ‘‘SEC. 709. OFFICE OF STRATEGY, POLICY, AND PARTNERSHIPS AGAINST VIOLENT MENT.—The table of contents in section 1(b) PLANS. EXTREMISM OF THE DEPARTMENT of the Homeland Security Act of 2002 (Public ‘‘(a) IN GENERAL.—There is established in OF HOMELAND SECURITY. Law 107–296; 116 Stat. 2135) is amended by in- the Department an Office of Strategy, Pol- (a) IN GENERAL.—The Homeland Security serting after the item relating to section 707 icy, and Plans. Act of 2002 (6 U.S.C. 101 et seq.) is amended— the following: ‘‘(b) HEAD OF OFFICE.—The Office of Strat- (1) by inserting after section 801 the fol- ‘‘Sec. 708. Department coordination.’’. egy, Policy, and Plans shall be headed by an lowing: SEC. 6103. NATIONAL OPERATIONS CENTER. Under Secretary for Strategy, Policy, and ‘‘SEC. 802. OFFICE FOR PARTNERSHIPS AGAINST Section 515 of the Homeland Security Act Plans, who shall serve as the principal policy VIOLENT EXTREMISM. of 2002 (6 U.S.C. 321d) is amended— advisor to the Secretary and be appointed by ‘‘(a) DEFINITIONS.—In this section: (1) in subsection (a)— the President, by and with the advice and ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- (A) by striking ‘‘emergency managers and consent of the Senate. trator’ means the Administrator of the Fed- decision makers’’ and inserting ‘‘emergency ‘‘(c) FUNCTIONS.—The Office of Strategy, eral Emergency Management Agency. managers, decision makers, and other appro- Policy, and Plans shall— ‘‘(2) ASSISTANT SECRETARY.—The term ‘As- priate officials’’; and ‘‘(1) lead, conduct, and coordinate Depart- sistant Secretary’ means the Assistant Sec- (B) by inserting ‘‘and steady-state activ- ment-wide policy development and imple- retary for Partnerships Against Violent Ex- ity’’ before the period at the end; mentation and strategic planning; tremism designated under subsection (c). (2) in subsection (b)— ‘‘(2) develop and coordinate policies to pro- ‘‘(3) COUNTERING VIOLENT EXTREMISM.—The (A) in paragraph (1)— mote and ensure quality, consistency, and term ‘countering violent extremism’ means (i) by striking ‘‘and tribal governments’’ integration for the programs, offices, and ac- proactive and relevant actions to counter re- and inserting ‘‘tribal, and territorial govern- tivities across the Department; cruitment, radicalization, and mobilization ments, the private sector, and international ‘‘(3) develop and coordinate strategic plans to violence and to address the immediate partners’’; and and long-term goals of the Department with factors that lead to violent extremism and (ii) by striking ‘‘in the event of’’ and in- risk-based analysis and planning to improve radicalization. serting ‘‘for events, threats, and incidents operational mission effectiveness, including ‘‘(4) DOMESTIC TERRORISM; INTERNATIONAL involving’’; leading and conducting the quadrennial TERRORISM.—The terms ‘domestic terrorism’ (B) in paragraph (2), by striking the period homeland security review under section 707; and ‘international terrorism’ have the mean- at the end and inserting ‘‘; and’’; and ‘‘(4) manage Department leadership coun- ings given those terms in section 2331 of title (C) by adding at the end the following: cils and provide analytics and support to 18, United States Code. ‘‘(3) enter into agreements with other Fed- such councils; ‘‘(5) RADICALIZATION.—The term eral operations centers and other homeland ‘‘(5) manage international coordination ‘radicalization’ means the process by which security partners, as appropriate, to facili- and engagement for the Department; an individual chooses to facilitate or commit tate the sharing of information.’’; ‘‘(6) review and incorporate, as appro- domestic terrorism or international ter- (3) by redesignating subsection (c) as sub- priate, external stakeholder feedback into rorism. section (d); and Department policy; and ‘‘(6) VIOLENT EXTREMISM.—The term ‘vio- (4) by inserting after subsection (b) the fol- ‘‘(7) carry out such other responsibilities lent extremism’ means international or do- lowing: as the Secretary determines appropriate. mestic terrorism. ‘‘(c) REPORTING REQUIREMENTS.—Each Fed- ‘‘(d) COORDINATION BY DEPARTMENT COMPO- ‘‘(b) ESTABLISHMENT.—There is in the De- eral agency shall provide the National Oper- NENTS.—To ensure consistency with the pol- partment an Office for Partnerships Against ations Center with timely information— icy priorities of the Department, the head of Violent Extremism.

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‘‘(c) HEAD OF OFFICE.—The Office for Part- the Department to counter violent extremist ‘‘(3) STRATEGIC CONSIDERATIONS.—In draft- nerships Against Violent Extremism shall be messaging by— ing the strategy required under paragraph headed by an Assistant Secretary for Part- ‘‘(i) exploring ways to utilize relevant (1), the Secretary shall consider including nerships Against Violent Extremism, who Internet and other technologies and social the following: shall be designated by the Secretary and re- media platforms; and ‘‘(A) Departmental efforts to undertake re- port directly to the Secretary. ‘‘(ii) maximizing other resources available search to improve the Department’s under- ‘‘(d) DEPUTY ASSISTANT SECRETARY; AS- to the Department. standing of the risk of violent extremism SIGNMENT OF PERSONNEL.—The Secretary ‘‘(C) Serving as the primary representative and to identify ways to improve countering shall— of the Department in coordinating coun- violent extremism activities and programs, ‘‘(1) designate a career Deputy Assistant tering violent extremism efforts with other including outreach, training, and informa- Secretary for Partnerships Against Violent Federal departments and agencies and non- tion sharing programs. Extremism; and governmental organizations. ‘‘(B) The Department’s nondiscrimination ‘‘(2) assign or hire, as appropriate, perma- ‘‘(D) Serving as the primary Department- policies as they relate to countering violent nent staff to the Office for Partnerships level representative in coordinating with the extremism. Against Violent Extremism. Department of State on international coun- ‘‘(C) Departmental efforts to help promote ‘‘(e) RESPONSIBILITIES.— tering violent extremism issues. community engagement and partnerships to ‘‘(1) IN GENERAL.—The Assistant Secretary ‘‘(E) In coordination with the Adminis- counter violent extremism in furtherance of shall be responsible for the following: trator, providing guidance regarding the use the strategy. ‘‘(A) Leading the efforts of the Department of grants made to State, local, and tribal ‘‘(D) Departmental efforts to help increase to counter violent extremism across all the governments under sections 2003 and 2004 support for programs and initiatives to components and offices of the Department under the allowable uses guidelines related counter violent extremism of other Federal, that conduct strategic and supportive efforts to countering violent extremism. State, local, tribal, territorial, nongovern- to counter violent extremism. Such efforts ‘‘(F) Developing a plan to expand philan- mental, and foreign partners that are in fur- shall include the following: thropic support for domestic efforts related therance of the strategy, and which adhere ‘‘(i) Partnering with communities to ad- to countering violent extremism, including to all relevant constitutional, legal, and pri- dress vulnerabilities that can be exploited by by identifying viable community projects vacy protections. violent extremists in the United States and and needs for possible philanthropic support. ‘‘(E) Departmental efforts to disseminate explore potential remedies for Government ‘‘(2) COMMUNITIES AT RISK.—For purposes of to local law enforcement agencies and the and non-government institutions. this subsection, the term ‘communities at general public information on resources, ‘‘(ii) Working with civil society groups and risk’ shall not include a community that is such as training guidance, workshop reports, communities to counter violent extremist determined to be at risk solely on the basis and the violent extremist threat, through propaganda, messaging, or recruitment. of race, religious affiliation, or ethnicity. multiple platforms, including the develop- ‘‘(iii) In coordination with the Office for ‘‘(f) STRATEGY TO COUNTER VIOLENT EXTRE- ment of a dedicated webpage, and informa- Civil Rights and Civil Liberties of the De- MISM IN THE UNITED STATES.— tion regarding the effectiveness of those ef- partment, managing the outreach and en- ‘‘(1) STRATEGY.—Not later than 90 days forts. gagement efforts of the Department directed after the date of enactment of this section, ‘‘(F) Departmental efforts to use coopera- toward communities at risk for the Secretary shall submit to the Committee tive agreements with State, local, tribal, ter- radicalization and recruitment for violent on Homeland Security and Governmental Af- ritorial, and other Federal departments and extremist activities. fairs of the Senate, the Committee on the agencies responsible for efforts relating to ‘‘(iv) Ensuring relevant information, re- Judiciary of the Senate, the Committee on countering violent extremism, and informa- search, and products inform efforts to Homeland Security of the House of Rep- tion regarding the effectiveness of those ef- counter violent extremism. resentatives, and the Committee on the Ju- forts. ‘‘(v) Developing and maintaining Depart- diciary of the House of Representatives a ‘‘(G) Information on oversight mechanisms ment-wide strategy, plans, policies, and pro- comprehensive Department strategy to and protections to ensure that activities and grams to counter violent extremism. Such counter violent extremism in the United programs undertaken pursuant to the strat- plans shall, at a minimum, address each of States. egy adhere to all relevant constitutional, the following: ‘‘(2) CONTENTS OF STRATEGY.—The strategy legal, and privacy protections. ‘‘(I) The Department’s plan to leverage new required under paragraph (1) shall, at a min- ‘‘(H) Departmental efforts to conduct over- and existing Internet and other technologies imum, address each of the following: sight of all countering violent extremism and social media platforms to improve non- ‘‘(A) The Department’s digital engagement training and training materials and other re- government efforts to counter violent extre- effort, including a plan to leverage new and sources developed or funded by the Depart- mism, as well as the best practices and les- existing Internet, digital, and other tech- ment. sons learned from other Federal, State, nologies and social media platforms to ‘‘(I) Departmental efforts to foster trans- local, tribal, territorial, and foreign partners counter violent extremism, as well as the parency by making, to the extent prac- engaged in similar counter-messaging ef- best practices and lessons learned from other ticable, all regulations, guidance, docu- forts. Federal, State, local, tribal, territorial, non- ments, policies, and training materials pub- ‘‘(II) The Department’s countering violent governmental, and foreign partners engaged licly available, including through any extremism-related engagement efforts. in similar counter-messaging activities. webpage developed under subparagraph (E). ‘‘(III) The use of cooperative agreements ‘‘(B) The Department’s countering violent ‘‘(4) STRATEGIC IMPLEMENTATION PLAN.— with State, local, tribal, territorial, and extremism-related engagement and outreach ‘‘(A) IN GENERAL.—Not later than 90 days other Federal departments and agencies re- activities. after the date on which the Secretary sub- sponsible for efforts relating to countering ‘‘(C) The use of cooperative agreements mits the strategy required under paragraph violent extremism. with State, local, tribal, territorial, and (1), the Secretary shall submit to the Com- ‘‘(vi) Coordinating with the Office for Civil other Federal departments and agencies re- mittee on Homeland Security and Govern- Rights and Civil Liberties of the Department sponsible for activities relating to coun- mental Affairs of the Senate, the Committee to ensure all of the activities of the Depart- tering violent extremism. on the Judiciary of the Senate, the Com- ment related to countering violent extre- ‘‘(D) Ensuring all activities related to mittee on Homeland Security of the House of mism fully respect the privacy, civil rights, countering violent extremism adhere to rel- Representatives, and the Committee on the and civil liberties of all persons. evant Department and applicable Depart- Judiciary of the House of Representatives an ‘‘(vii) In coordination with the Under Sec- ment of Justice guidance regarding privacy, implementation plan for each of the compo- retary for Science and Technology and in civil rights, and civil liberties, including nents and offices of the Department with re- consultation with the Under Secretary for safeguards against discrimination. sponsibilities under the strategy. Intelligence and Analysis, identifying and ‘‘(E) The development of qualitative and ‘‘(B) CONTENTS.—The implementation plan recommending new empirical research and quantitative outcome-based metrics to required under subparagraph (A) shall in- analysis requirements to ensure the dissemi- evaluate the Department’s programs and clude an integrated master schedule and cost nation of information and methods for Fed- policies to counter violent extremism. estimate for activities and programs con- eral, State, local, tribal, and territorial ‘‘(F) An analysis of the homeland security tained in the implementation plan, with countering violent extremism practitioners, risk posed by violent extremism based on the specificity on how each such activity and officials, law enforcement personnel, and threat environment and empirical data as- program aligns with near-term, mid-term, non-governmental partners to utilize such sessing terrorist activities and incidents, and and long-term goals specified in the strategy research and analysis. violent extremist propaganda, messaging, or required under paragraph (1). ‘‘(viii) Assessing the methods used by vio- recruitment. ‘‘(g) ANNUAL REPORT.—Not later than April lent extremists to disseminate propaganda ‘‘(G) Information on the Department’s 1, 2017, and annually thereafter, the Assist- and messaging to communities at risk for re- near-term, mid-term, and long-term risk- ant Secretary shall submit to Congress an cruitment by violent extremists. based goals for countering violent extre- annual report on the Office for Partnerships ‘‘(B) Developing a digital engagement mism, reflecting the risk analysis conducted Against Violent Extremism, which shall in- strategy that expands the outreach efforts of under subparagraph (F). clude the following:

VerDate Sep 11 2014 05:19 May 27, 2016 Jkt 059060 PO 00000 Frm 00132 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.068 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3363 ‘‘(1) A description of the status of the pro- (1) section 802 of the Homeland Security SEC. 6203. SOFTWARE LICENSING. grams and policies of the Department for Act of 2002, as added by subsection (a), is re- (a) IN GENERAL.—Section 703 of the Home- countering violent extremism in the United pealed; and land Security Act of 2002 (6 U.S.C. 343), as States. (2) the table of contents in section 1(b) of amended by section 6202 of this Act, is ‘‘(2) A description of the efforts of the Of- the Homeland Security Act of 2002 (Public fice for Partnerships Against Violent Extre- Law 107–296; 116 Stat. 2135) is amended by amended by adding at the end the following: mism to cooperate with and provide assist- striking the item relating to section 802. ‘‘(d) SOFTWARE LICENSING.— ance to other Federal departments and agen- TITLE LXXII—DEPARTMENT ACCOUNT- ‘‘(1) IN GENERAL.—Not later than 180 days cies. ABILITY, EFFICIENCY, AND WORKFORCE after the date of enactment of this sub- ‘‘(3) Qualitative and quantitative metrics REFORMS section, and every 2 years thereafter, the for evaluating the success of such programs SEC. 6201. DUPLICATION REVIEW. Chief Information Officer, in consultation and policies and the steps taken to evaluate with Chief Information Officers of compo- (a) IN GENERAL.—The Secretary shall— the success of such programs and policies. (1) not later than 1 year after the date of nents of the Department, shall— ‘‘(4) An accounting of— enactment of this Act, complete a review of ‘‘(A) conduct a Department-wide inventory ‘‘(A) grants and cooperative agreements the international affairs offices, functions, of all existing software licenses held by the awarded by the Department to counter vio- and responsibilities of the Department to Department, including utilized and unuti- lent extremism; and identify and eliminate areas of unnecessary lized licenses; ‘‘(B) all training specifically aimed at duplication; and ‘‘(B) assess the needs of the Department for countering violent extremism sponsored by (2) not later than 30 days after the date on software licenses for the subsequent 2 fiscal the Department. which the Secretary completes the review years; ‘‘(5) An analysis of how the Department’s under paragraph (1), provide the results of ‘‘(C) assess the actions that could be car- activities to counter violent extremism cor- the review to the congressional homeland se- ried out by the Department to achieve the respond and adapt to the threat environ- curity committees. greatest possible economies of scale and cost ment. (b) REPORT.—Not later than 1 year after savings in the procurement of software li- ‘‘(6) A summary of how civil rights and the date of enactment of this Act, the Sec- censes; civil liberties are protected in the Depart- retary shall submit to the congressional ‘‘(D) determine how the use of techno- ment’s activities to counter violent extre- homeland security committees an action logical advancements will impact the needs mism. plan, including corrective steps and an esti- for software licenses for the subsequent 2 fis- ‘‘(7) An evaluation of the use of section mated date of completion, to address areas of cal years; 2003 and section 2004 grants and cooperative duplication, fragmentation, and overlap and ‘‘(E) establish plans and estimated costs agreements awarded to support efforts of opportunities for cost savings and revenue for eliminating unutilized software licenses local communities in the United States to enhancement, as identified by the Govern- for the subsequent 2 fiscal years; and counter violent extremism, including infor- ment Accountability Office based on the an- ‘‘(F) consult with the Federal Chief Infor- mation on the effectiveness of such grants nual report of the Government Account- mation Officer to identify best practices in and cooperative agreements in countering ability Office entitled ‘‘Additional Opportu- the Federal government for purchasing and violent extremism. nities to Reduce Fragmentation, Overlap, maintaining software licenses. ‘‘(8) A description of how the Office for and Duplication and Achieve Other Financial ‘‘(2) EXCESS SOFTWARE LICENSING.— Partnerships Against Violent Extremism in- Benefits’’. ‘‘(A) PLAN TO REDUCE SOFTWARE LICENSES.— corporated lessons learned from the coun- (c) EXCLUSION.—This section shall not If the Chief Information Officer determines tering violent extremism programs and poli- apply to international activities related to through the inventory conducted under para- cies of foreign, State, local, tribal, and terri- the protective mission of the United States graph (1)(A) that the number of software li- torial governments and stakeholder commu- Secret Service, or to the Coast Guard when censes held by the Department exceed the nities. operating under the direct authority of the needs of the Department as assessed under ‘‘(h) ANNUAL REVIEW.—Not later than 1 Secretary of Defense or the Secretary of the paragraph (1)(B), the Secretary, not later year after the date of enactment of this sec- Navy. than 90 days after the date on which the in- tion, and every year thereafter, the Office for SEC. 6202. INFORMATION TECHNOLOGY STRA- ventory is completed, shall establish a plan Civil Rights and Civil Liberties of the De- TEGIC PLAN. for bringing the number of such software li- partment shall— (a) IN GENERAL.—Section 703 of the Home- censes into balance with such needs of the ‘‘(1) conduct a review of the Office for Part- land Security Act of 2002 (6 U.S.C. 343) is Department. nerships Against Violent Extremism activi- amended by adding at the end the following: ‘‘(B) PROHIBITION ON PROCUREMENT OF EX- ties to ensure that all of the activities of the ‘‘(c) STRATEGIC PLANS.—Consistent with CESS SOFTWARE LICENSES.— Office related to countering violent extre- the timing set forth in section 306(a) of title ‘‘(i) IN GENERAL.—Except as provided in mism respect the privacy, civil rights, and 5, United States Code, and the requirements clause (ii), upon completion of a plan estab- civil liberties of all persons; and under section 3506 of title 44, United States lished under paragraph (1)(A), no additional ‘‘(2) make publicly available on the website Code, the Chief Information Officer shall de- budgetary resources may be obligated for the of the Department a report containing the velop, make public, and submit to the con- procurement of additional software licenses results of the review conducted under para- gressional homeland security committees an of the same types until such time as the graph (1).’’; and information technology strategic plan, needs of the Department equals or exceeds (2) in section 2008(b)(1)— which shall include how— the number of used and unused licenses held (A) in subparagraph (A), by striking ‘‘or’’ ‘‘(1) information technology will be lever- by the Department. at the end; aged to meet the priority goals and strategic ‘‘(ii) EXCEPTION.—The Chief Information (B) in subparagraph (B), by striking the pe- objectives of the Department; Officer may authorize the purchase of addi- riod at the end and inserting ‘‘; or’’; and ‘‘(2) the budget of the Department aligns tional licenses and amend the number of (C) by adding at the end the following: with priorities specified in the information needed licenses as necessary. ‘‘(C) to support any organization or group technology strategic plan; ‘‘(3) SUBMISSION TO CONGRESS.—The Chief which has knowingly or recklessly funded ‘‘(3) unnecessary duplicative, legacy, and Information Officer shall submit to the Com- domestic terrorism or international ter- outdated information technology within and mittee on Homeland Security and Govern- rorism (as those terms are defined in section across the Department will be identified and mental Affairs of the Senate and the Com- 2331 of title 18, United States Code) or orga- eliminated, and an estimated date for the mittee on Homeland Security of the House of nization or group known to engage in or re- identification and elimination of duplicative Representatives a copy of each inventory cruit to such activities, as determined by the information technology within and across conducted under paragraph (1)(A), each plan Assistant Secretary for Partnerships Against the Department; established under paragraph (2)(A), and each Violent Extremism in consultation with the ‘‘(4) the Chief Information Officer will co- exception exercised under paragraph Administrator and the heads of other appro- ordinate with components of the Department (2)(B)(ii).’’. priate Federal departments and agencies.’’. to ensure that information technology poli- (b) GAO REVIEW.—Not later than 1 year (b) TECHNICAL AND CONFORMING AMEND- cies are effectively and efficiently imple- after the date on which the results of the MENT.—The table of contents in section 1(b) mented across the Department; first inventory are submitted to Congress of the Homeland Security Act of 2002 (Public ‘‘(5) a list of information technology under subsection 703(d) of the Homeland Se- projects, including completion dates, will be Law 107–296; 116 Stat. 2135), as amended by curity Act of 2002, as added by subsection (a), made available to the public and Congress; this Act, is amended by inserting after the the Comptroller General of the United States item relating to section 801 the following: ‘‘(6) the Chief Information Officer will in- form Congress of high risk projects and cy- shall assess whether the Department com- ‘‘Sec. 802. Office for Partnerships Against bersecurity risks; and plied with the requirements under para- Violent Extremism.’’. ‘‘(7) the Chief Information Officer plans to graphs (1) and (2)(A) of such section 703(d) (c) SUNSET.—Effective on the date that is 7 maximize the use and purchase of commer- and provide the results of the review to the years after the date of enactment of this cial off-the-shelf information technology congressional homeland security commit- Act— products and services.’’. tees.

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SEC. 6204. WORKFORCE STRATEGY. ‘‘(D) supervisory and management require- ‘‘(B) ANSWER AND EVIDENCE.— Section 704 of the Homeland Security Act ments; ‘‘(i) IN GENERAL.—A supervisor who is noti- of 2002 (6 U.S.C. 343) is amended to read as ‘‘(E) travel and related personnel support fied under subparagraph (A) that the super- follows: costs; visor is the subject of a proposed adverse ac- ‘‘SEC. 704. CHIEF HUMAN CAPITAL OFFICER. ‘‘(F) the anticipated cost and impact on tion under paragraph (1) is entitled to 14 ‘‘(a) IN GENERAL.—There is a Chief Human mission performance associated with replac- days following such notification to answer Capital Officer of the Department, who shall ing Federal personnel due to their retire- and furnish evidence in support of the an- report directly to the Under Secretary for ment or other attrition; and swer. Management. ‘‘(G) other appropriate factors. ‘‘(ii) NO EVIDENCE.—After the end of the 14- ‘‘(b) RESPONSIBILITIES.—In addition to the ‘‘(d) ANNUAL SUBMISSION.—Not later than day period described in clause (i), if a super- responsibilities set forth in chapter 14 of 90 days after the date on which the Secretary visor does not furnish evidence as described title 5, United States Code, and other appli- submits the annual budget justification for in clause (i) or if the Secretary determines cable law, the Chief Human Capital Officer the Department, the Secretary shall submit that such evidence is not sufficient to re- shall— to the congressional homeland security com- verse the proposed adverse action, the Sec- ‘‘(1) develop and implement strategic mittees a report that includes a table, delin- retary shall carry out the adverse action. workforce planning policies that are con- eated by component with actual and enacted ‘‘(C) SCOPE OF PROCEDURES.—Paragraphs (1) sistent with Government-wide leading prin- amounts, including— and (2) of subsection (b) and subsection (c) of ciples and in line with Department strategic ‘‘(1) information on the progress within the section 7513 of title 5, United States Code, human capital goals and priorities; Department of fulfilling the workforce strat- and paragraphs (1) and (2) of subsection (b) ‘‘(2) develop performance measures to pro- egies developed under subsection (c); and and subsection (c) of section 7543 of title 5, vide a basis for monitoring and evaluating ‘‘(2) the number of on-board staffing for United States Code, shall not apply with re- Department-wide strategic workforce plan- Federal employees from the prior fiscal year; spect to an adverse action carried out under ning efforts; ‘‘(3) the total contract hours submitted by this subsection. ‘‘(3) develop, improve, and implement poli- each prime contractor as part of the service ‘‘(3) LIMITATION ON OTHER ADVERSE AC- cies, including compensation flexibilities contract inventory required under section TIONS.—With respect to a prohibited per- available to Federal agencies where appro- 743 of the Financial Services and General sonnel action, if the Secretary carries out an priate, to recruit, hire, train, and retain the Government Appropriations Act, 2010 (divi- adverse action against a supervisor under an- workforce of the Department, in coordina- sion C of Public Law 111–117; 31 U.S.C. 501 other provision of law, the Secretary may tion with all components of the Department; note) with respect to— carry out an additional adverse action under ‘‘(4) identify methods for managing and ‘‘(A) support service contracts; this subsection based on the same prohibited overseeing human capital programs and ini- ‘‘(B) federally funded research and develop- personnel action. tiatives, in coordination with the head of ment center contracts; and each component of the Department; ‘‘(C) science, engineering, technical, and ‘‘(c) TRAINING FOR SUPERVISORS.—In con- ‘‘(5) develop a career path framework and administrative contracts; and sultation with the Special Counsel and the create opportunities for leader development ‘‘(4) the number of full-time equivalent Inspector General of the Department, the in coordination with all components of the personnel identified under the Intergovern- Secretary shall provide training regarding Department; mental Personnel Act of 1970 (42 U.S.C. 4701 how to respond to complaints alleging a vio- ‘‘(6) lead the efforts of the Department for et seq.).’’. lation of whistleblower protections available managing employee resources, including SEC. 6205. WHISTLEBLOWER PROTECTIONS. to employees of the Department— training and development opportunities, in (a) IN GENERAL.—Section 883 of the Home- ‘‘(1) to employees appointed to supervisory coordination with each component of the De- land Security Act of 2002 (6 U.S.C. 463) is positions in the Department who have not partment; amended to read as follows: previously served as a supervisor; and ‘‘(7) work to ensure the Department is im- ‘‘SEC. 883. WHISTLEBLOWER PROTECTIONS. ‘‘(2) on an annual basis, to all employees of plementing human capital programs and ini- ‘‘(a) DEFINITIONS.—In this section— the Department serving in a supervisory po- tiatives and effectively educating each com- ‘‘(1) the term ‘new employee’ means an in- sition. ponent of the Department about these pro- dividual— ‘‘(d) INFORMATION ON WHISTLEBLOWER PRO- grams and initiatives; ‘‘(A) appointed to a position as an em- TECTIONS.— ‘‘(8) identify and eliminate unnecessary ployee of the Department on or after the ‘‘(1) RESPONSIBILITIES OF SECRETARY.—The and duplicative human capital policies and date of enactment of the DHS Account- Secretary shall be responsible for— guidance; ability Act of 2016; and ‘‘(A) the prevention of prohibited personnel ‘‘(9) provide input concerning the hiring ‘‘(B) who has not previously served as an practices; and performance of the Chief Human Capital employee of the Department; ‘‘(B) the compliance with and enforcement Officer or comparable official in each compo- ‘‘(2) the term ‘prohibited personnel action’ of applicable civil service laws, rules, and nent of the Department; and means taking or failing to take an action in regulations and other aspects of personnel ‘‘(10) ensure that all employees of the De- violation of paragraph (8) or (9) of section management; and partment are informed of their rights and 2302(b) of title 5, Untied States Code, against ‘‘(C) ensuring (in consultation with the remedies under chapters 12 and 23 of title 5, an employee of the Department; Special Counsel and the Inspector General of United States Code. ‘‘(3) the term ‘supervisor’ means a super- the Department) that employees of the De- ‘‘(c) COMPONENT STRATEGIES.— visor, as defined under section 7103(a) of title partment are informed of the rights and rem- ‘‘(1) IN GENERAL.—Each component of the 5, United States Code, who is employed by edies available to them under chapters 12 Department shall, in coordination with the the Department; and and 23 of title 5, United States Code, includ- Chief Human Capital Officer of the Depart- ‘‘(4) the term ‘whistleblower protections’ ing— ment, develop a 5-year workforce strategy means the protections against and remedies ‘‘(i) information regarding whistleblower for the component that will support the for a prohibited personnel practice described protections available to new employees dur- goals, objectives, and performance measures in paragraph (8) or subparagraph (A)(i), (B), ing the probationary period; of the Department for determining the prop- (C), or (D) of paragraph (9) of section 2302(b) ‘‘(ii) the role of the Office of Special Coun- er balance of Federal employees and private of title 5, United States Code. sel and the Merit Systems Protection Board labor resources. ‘‘(b) ADVERSE ACTIONS.— with regard to whistleblower protections; ‘‘(2) STRATEGY REQUIREMENTS.—In devel- ‘‘(1) PROPOSED ADVERSE ACTIONS.—In ac- and oping the strategy required under paragraph cordance with paragraph (2), the Secretary ‘‘(iii) how to make a lawful disclosure of (1), each component shall consider the effect shall propose against a supervisor whom the information that is specifically required by on human resources associated with creating Secretary, an administrative law judge, the law or Executive order to be kept classified additional Federal full-time equivalent posi- Merit Systems Protection Board, the Office in the interest of national defense or the tions, converting private contractors to Fed- of Special Counsel, an adjudicating body pro- conduct of foreign affairs to the Special eral employees, or relying on the private sec- vided under a union contract, a Federal Counsel, the Inspector General of the De- tor for goods and services, including— judge, or the Inspector General of the De- partment, Congress, or other Department ‘‘(A) hiring projections, including occupa- partment determines committed a prohib- employee designated to receive such disclo- tion and grade level, as well as corresponding ited personnel action the following adverse sures. salaries, benefits, and hiring or retention bo- actions: ‘‘(2) TIMING.—The Secretary shall ensure nuses; ‘‘(A) With respect to the first prohibited that the information required to be provided ‘‘(B) the identification of critical skills re- personnel action, an adverse action that is under paragraph (1) is provided to each new quirements over the 5-year period, any cur- not less than a 12-day suspension. employee of the Department not later than 6 rent or anticipated deficiency in critical ‘‘(B) With respect to the second prohibited months after the date the new employee is skills required at the Department, and the personnel action, removal. appointed. training or other measures required to ad- ‘‘(2) PROCEDURES.— ‘‘(3) INFORMATION ONLINE.—The Secretary dress those deficiencies in skills; ‘‘(A) NOTICE.—A supervisor against whom shall make available information regarding ‘‘(C) recruitment of qualified candidates an adverse action under paragraph (1) is pro- whistleblower protections applicable to em- and retention of qualified employees; posed is entitled to written notice. ployees of the Department on the public

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website of the Department, and on any on- (1) ABOLISHMENT.—The Office of the Direc- the series of consequences applied by the line portal that is made available only to tor of Counternarcotics Enforcement in the Border Patrol to persons unlawfully entering employees of the Department. Department is abolished. the United States to prevent unlawful border ‘‘(4) DELEGEES.—Any employee to whom (2) TECHNICAL AND CONFORMING AMEND- crossing recidivism. the Secretary delegates authority for per- MENT.—Section 843(b)(1)(B) of the Homeland (C) GOT AWAY.—The term ‘‘got away’’ sonnel management, or for any aspect there- Security Act of 2002 (6 U.S.C. 413(b)(1)(B)) is means an unlawful border crosser who— of, shall, within the limits of the scope of the amended by striking ‘‘by—’’ and all that fol- (i) is directly or indirectly observed mak- delegation, be responsible for the activities lows through the end and inserting ‘‘by the ing an unlawful entry into the United described in paragraph (1). Secretary; and’’. States; and ‘‘(e) RULES OF CONSTRUCTION.—Nothing in TITLE LXXIII—DEPARTMENT (ii) is not a turn back and is not appre- this section shall be construed to exempt the TRANSPARENCY AND ASSESSMENTS hended. Department from requirements applicable SEC. 6301. HOMELAND SECURITY STATISTICS (D) KNOWN MIGRANT FLOW.—The term with respect to executive agencies— AND METRICS. ‘‘known migrant flow’’ means the sum of the ‘‘(1) to provide equal employment protec- (a) IN GENERAL.—Section 701 of the Home- number of undocumented migrants— tion for employees of the Department (in- land Security Act of 2002 (6 U.S.C. 341) is (i) interdicted at sea; cluding pursuant to section 2302(b)(1) of title amended by striking subsection (b) and in- (ii) identified at sea, but not interdicted; 5, United States Code, and the Notification serting the following: (iii) that successfully entered the United and Federal Employee Antidiscrimination ‘‘(b) HOMELAND SECURITY STATISTICS AND States through the maritime border; or and Retaliation Act of 2002 (5 U.S.C. 2301 JOINT ANALYSIS.— (iv) not described in clause (i), (ii), or (iii), note)); or ‘‘(1) HOMELAND SECURITY STATISTICS.—The which were otherwise reported, with a sig- ‘‘(2) to provide whistleblower protections Under Secretary for Management shall— nificant degree of certainty, as having en- for employees of the Department (including ‘‘(A) establish standards of reliability and tered, or attempted to enter, the United pursuant to paragraphs (8) and (9) of section validity for statistical data collected and States through the maritime border. 2302(b) of title 5, United States Code, and the analyzed by the Department; (E) MAJOR VIOLATOR.—The term ‘‘major vi- Notification and Federal Employee Anti- ‘‘(B) be provided with statistical data olator’’ means a person or entity that has discrimination and Retaliation Act of 2002 (5 maintained by the Department regarding the engaged in serious criminal activities at any U.S.C. 2301 note)).’’. operations of the Department; land, air, or sea port of entry, including— (b) TECHNICAL AND CONFORMING AMEND- ‘‘(C) conduct or oversee analysis and re- (i) possession of illicit drugs; MENT.—The table of contents in section 1(b) porting of such data by the Department as (ii) smuggling of prohibited products; of the Homeland Security Act of 2002 (Public required by law or directed by the Secretary; (iii) human smuggling; Law 107–296; 116 Stat. 2135), as amended by and (iv) weapons possession; this Act, is amended by striking the item re- ‘‘(D) ensure the accuracy of metrics and (v) use of fraudulent United States docu- lating to section 883 and inserting the fol- statistical data provided to Congress. ments; or lowing: ‘‘(2) TRANSFER OF RESPONSIBILITIES.—There (vi) other offenses that are serious enough ‘‘Sec. 883. Whistleblower protections.’’. shall be transferred to the Under Secretary to result in arrest. SEC. 6206. COST SAVINGS AND EFFICIENCY RE- for Management the maintenance of all im- (F) SITUATIONAL AWARENESS.—The term VIEWS. migration statistical information of U.S. ‘‘situational awareness’’ means knowledge Not later than 2 years after the date of en- Customs and Border Protection and U.S. and unified understanding of current unlaw- actment of this Act, the Secretary, acting Citizenship and Immigration Services, which ful cross-border activity, including— through the Under Secretary for Manage- shall include information and statistics of (i) threats and trends concerning illicit ment, shall submit to the congressional the type contained in the publication enti- trafficking and unlawful crossings; homeland security committees a report, tled ‘Yearbook of Immigration Statistics’ (ii) the ability to forecast future shifts in which may include a classified or other ap- prepared by the Office of Immigration Sta- such threats and trends; propriately controlled annex containing any tistics, including region-by-region statistics (iii) the ability to evaluate such threats information required to be submitted under on the aggregate number of applications and and trends at a level sufficient to create ac- this section that is restricted from public petitions filed by an alien (or filed on behalf tionable plans; and disclosure in accordance with Federal law, of an alien) and denied, and the reasons for (iv) the operational capability to conduct including information that is not publicly such denials, disaggregated by category of persistent and integrated surveillance of the releasable, that— denial and application or petition type.’’. international borders of the United States. (1) provides a detailed accounting of the (b) IMMIGRATION FUNCTIONS.—Section 478(a) (G) TRANSIT ZONE.—The term ‘‘transit management and administrative expendi- of the Homeland Security Act of 2002 (6 zone’’ means the sea corridors of the western tures and activities of each component of the U.S.C. 298(a)) is amended— Atlantic Ocean, the Gulf of Mexico, the Car- Department and identifies potential cost (1) in paragraph (1), by striking ‘‘to the ibbean Sea, and the eastern Pacific Ocean savings, avoidances, and efficiencies for Committees on the Judiciary and Govern- through which undocumented migrants and those expenditures and activities; ment Reform of the House of Representa- illicit drugs transit, either directly or indi- (2) examines major physical assets of the tives, and to the Committees on the Judici- rectly, to the United States. Department, as defined by the Secretary; ary and Government Affairs of the Senate,’’ (H) TURN BACK.—The term ‘‘turn back’’ (3) reviews the size, experience level, and and inserting ‘‘the Committee on the Judici- means an unlawful border crosser who, after geographic distribution of the operational ary of the Senate, the Committee on the Ju- making an unlawful entry into the United personnel of the Department; diciary of the House of Representatives, and States, promptly returns to the country (4) makes recommendations for adjust- the congressional homeland security com- from which such crosser entered. ments in the management and administra- mittees’’; and (I) UNLAWFUL BORDER CROSSING EFFECTIVE- tion of the Department that would reduce (2) in paragraph (2), by adding at the end NESS RATE.—The term ‘‘unlawful border deficiencies in the capabilities of the Depart- the following: crossing effectiveness rate’’ means the per- ment, reduce costs, and enhance efficiencies; ‘‘(I) The number of persons known to have centage that results from dividing— and overstayed the terms of their visa, by visa (i) the number of apprehensions and turn (5) examines— type. backs; and (A) how employees who carry out manage- ‘‘(J) An estimated percentage of persons (ii) the number of apprehensions, esti- ment and administrative functions at De- believed to have overstayed their visa, by mated unlawful entries, turn backs, and got partment headquarters coordinate with em- visa type. aways. ployees who carry out similar functions at— ‘‘(K) A description of immigration enforce- (J) UNLAWFUL ENTRY.—The term ‘‘unlawful (i) each component of the Department; ment actions.’’. entry’’ means an unlawful border crosser (ii) the Office of Personnel Management; (c) BORDER SECURITY METRICS.— who enters the United States and is not ap- and (1) DEFINITIONS.—In this subsection: prehended by a border security component of (iii) the General Services Administration; (A) APPROPRIATE CONGRESSIONAL COMMIT- the Department. and TEES.—The term ‘‘appropriate congressional (2) METRICS FOR SECURING THE BORDER BE- (B) whether any unnecessary duplication, committees’’ means— TWEEN PORTS OF ENTRY.— overlap, or fragmentation exists with respect (i) the Committee on Homeland Security (A) IN GENERAL.—Not later than 120 days to those functions. and Governmental Affairs of the Senate; after the date of enactment of this Act, the SEC. 6207. ABOLISHMENT OF CERTAIN OFFICES. (ii) the Committee on Homeland Security Secretary shall develop metrics, informed by (a) ABOLISHMENT OF THE DIRECTOR OF of the House of Representatives; situational awareness, to measure the effec- SHARED SERVICES.—The position of Director (iii) the Committee on the Judiciary of the tiveness of security between ports of entry. of Shared Services in the Department is Senate; and The Secretary shall annually implement the abolished. (iv) the Committee on the Judiciary of the metrics developed under this subsection, (b) ABOLISHMENT OF THE OFFICE OF THE DI- House of Representatives. which shall include— RECTOR OF COUNTERNARCOTICS ENFORCE- (B) CONSEQUENCE DELIVERY SYSTEM.—The (i) estimates, using alternative methodolo- MENT.— term ‘‘Consequence Delivery System’’ means gies, including recidivism data, survey data,

VerDate Sep 11 2014 05:19 May 27, 2016 Jkt 059060 PO 00000 Frm 00135 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.068 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3366 CONGRESSIONAL RECORD — SENATE May 26, 2016 known-flow data, and technologically meas- type of illicit drugs seized by the Office of (iii) an illicit drugs removal rate, for drugs ured data, of— Field Operations in any fiscal year to the av- removed inside and outside of a transit zone, (I) total attempted unlawful border cross- erage of the amount and type of illicit drugs which compares the amount and type of il- ings; seized by the Office of Field Operations in licit drugs removed, including drugs aban- (II) the rate of apprehension of attempted the immediately preceding 5 fiscal years; doned at sea, by the Department’s maritime unlawful border crossers; and (iv) in consultation with the Office of Na- security components in any fiscal year to (III) the number of unlawful entries; tional Drug Control Policy and the United the average of the amount and type of illicit (ii) a situational awareness achievement States Southern Command, a cocaine seizure drugs removed by the Department’s mari- metric, which measures situational aware- effectiveness rate, which is the percentage time components for the immediately pre- ness achieved in each Border Patrol sector; resulting from dividing— ceding 5 fiscal years; (iii) an unlawful border crossing effective- (I) the amount of cocaine seized by the Of- (iv) in consultation with the Office of Na- ness rate; fice of Field Operations; and tional Drug Control Policy and the United (iv) a probability of detection, which com- (II) the total estimated cocaine flow rate States Southern Command, a cocaine re- pares the estimated total unlawful border at ports of entry along the land border; moval effectiveness rate, for cocaine re- crossing attempts not detected by the Border (v) the number of infractions related to moved inside a transit zone and outside a Patrol to the unlawful border crossing effec- travelers and cargo committed by major vio- transit zone; which compares the amount of tiveness rate, as informed by clause (i); lators who are apprehended by the Office of cocaine removed by the Department’s mari- (v) an illicit drugs seizure rate for drugs Field Operations at ports of entry, and the time security components by the total docu- seized by the Border Patrol, which compares mented cocaine flow rate, as contained in estimated number of such infractions com- the ratio of the amount and type of illicit Federal drug databases; mitted by major violators who are not appre- drugs seized by the Border Patrol in any fis- (v) a response rate, which compares the hended; cal year to the average of the amount and ability of the maritime security components (vi) a measurement of how border security type of illicit drugs seized by the Border Pa- of the Department to respond to and resolve operations affect crossing times, including— trol in the immediately preceding 5 fiscal known maritime threats, whether inside and (I) a wait time ratio that compares the av- years; outside a transit zone, by placing assets on- erage wait times to total commercial and (vi) a weight-to-frequency rate, which com- scene, to the total number of events with re- pares the average weight of marijuana seized private vehicular traffic volumes at each spect to which the Department has known per seizure by the Border Patrol in any fiscal port of entry; threat information; and year to such weight-to-frequency rate for the (II) an infrastructure capacity utilization (vi) an intergovernmental response rate, immediately preceding 5 fiscal years; rate that measures traffic volume against which compares the ability of the maritime (vii) estimates of the impact of the Con- the physical and staffing capacity at each security components of the Department or sequence Delivery System on the rate of re- port of entry; other United States Government entities to cidivism of unlawful border crossers over (III) a secondary examination rate that respond to and resolve actionable maritime multiple fiscal years; and measures the frequency of secondary exami- threats, whether inside or outside the West- (viii) an examination of each consequence nations at each port of entry; and ern Hemisphere transit zone, by targeting referred to in clause (vii), including— (IV) an enforcement rate that measures maritime threats in order to detect them, (I) voluntary return; the effectiveness of secondary examinations and of those threats detected, the total num- (II) warrant of arrest or notice to appear; at detecting major violators; and ber of maritime threats interdicted or dis- (III) expedited removal; (vii) a cargo scanning rate that includes— rupted. (IV) reinstatement of removal; (I) a comparison of the number of high-risk (B) METRICS CONSULTATION.—In developing (V) alien transfer exit program; cargo containers scanned by the Office of the metrics required under subparagraph (A), (VI) Operation Streamline; Field Operations at each United States sea- the Secretary shall— (VII) standard prosecution; and port during the fiscal year to the total num- (i) consult with the appropriate compo- (VIII) Operation Against Smugglers Initia- ber of high-risk cargo containers entering nents of the Department; and tive on Safety and Security. the United States at each seaport during the (ii) as appropriate, work with other agen- (B) METRICS CONSULTATION.—In developing previous fiscal year; cies, including the Drug Enforcement Agen- the metrics required under subparagraph (A), (II) the percentage of all cargo that is con- cy, the Department of Defense, and the De- the Secretary shall— sidered ‘‘high-risk’’ cargo; and partment of Justice, to ensure that authori- (i) consult with the appropriate compo- (III) the percentage of high-risk cargo tative data sources are utilized. nents of the Department; and scanned— (C) MANNER OF COLLECTION.—The data used (ii) as appropriate, work with other agen- (aa) upon arrival at a United States sea- by the Secretary shall be collected and re- cies, including the Office of Refugee Reset- port before entering United States com- ported in a consistent and standardized man- tlement of the Department of Health and merce; and ner, informed by situational awareness. Human Services and the Executive Office for (bb) before being laden on a vessel destined (5) AIR AND MARINE SECURITY METRICS IN Immigration Review of the Department of for the United States. THE LAND DOMAIN.— Justice, to ensure that authoritative data (B) METRICS CONSULTATION.—In developing (A) IN GENERAL.—Not later than 120 days sources are utilized. the metrics required under subparagraph (A), after the date of enactment of this Act, the (C) MANNER OF COLLECTION.—The data used the Secretary shall— Secretary shall develop metrics, informed by by the Secretary shall be collected and re- (i) consult with the appropriate compo- situational awareness, to measure the effec- ported in a consistent and standardized man- nents of the Department; and tiveness of the aviation assets and oper- ner across all Border Patrol sectors, in- (ii) as appropriate, work with other agen- ations of the Office of Air and Marine of U.S. formed by situational awareness. cies, including the Office of Refugee Reset- Customs and Border Enforcement. The Sec- (3) METRICS FOR SECURING THE BORDER AT tlement of the Department of Health and retary shall annually implement the metrics PORTS OF ENTRY.— Human Services and the Executive Office for developed under this subsection, which shall (A) IN GENERAL.—Not later than 120 days Immigration Review of the Department of include— after the date of enactment of this Act, the Justice, to ensure that authoritative data (i) an effectiveness rate, which compares Secretary shall develop metrics, informed by sources are utilized. Office of Air and Marine flight hours require- situational awareness, to measure the effec- (C) MANNER OF COLLECTION.—The data used ments to the number of flight hours flown by tiveness of security at ports of entry. The by the Secretary shall be collected and re- such Office; Secretary shall annually implement the ported in a consistent and standardized man- (ii) a funded flight hour effectiveness rate, metrics developed under this subsection, ner across all field offices, informed by situa- which compares the number of funded flight which shall include— tional awareness. hours appropriated to the Office of Air and (i) estimates, using alternative methodolo- (4) METRICS FOR SECURING THE MARITIME Marine to the number of actual flight hours gies, including survey data and randomized BORDER.— flown by such Office; secondary screening data, of— (A) IN GENERAL.—Not later than 120 days (iii) a readiness rate, which compares the (I) total attempted inadmissible border after the date of enactment of this Act, the number of aviation missions flown by the Of- crossings; Secretary shall develop metrics, informed by fice of Air and Marine to the number of avia- (II) the rate of apprehension of attempted situational awareness, to measure the effec- tion missions cancelled by such Office due to inadmissible border crossings; and tiveness of security in the maritime environ- maintenance, operations, or other causes; (III) the number of unlawful entries; ment. The Secretary shall annually imple- (iv) the number of missions cancelled by (ii) the amount and type of illicit drugs ment the metrics developed under this sub- such Office due to weather compared to the seized by the Office of Field Operations of section, which shall include— total planned missions; U.S. Customs and Border Protection at (i) situational awareness achieved in the (v) the number of subjects detected by the United States land, air, and sea ports during maritime environment; Office of Air and Marine through the use of the previous fiscal year; (ii) an undocumented migrant interdiction unmanned aerial systems and manned air- (iii) an illicit drugs seizure rate for drugs rate, which compares the migrants inter- crafts; seized by the Office of Field Operations, dicted at sea to the total known migrant (vi) the number of apprehensions assisted which compares the ratio of the amount and flow; by the Office of Air and Marine through the

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TRANSPARENCY IN RESEARCH AND (viii) the number of times that usable in- (A) IN GENERAL.—After submitting the DEVELOPMENT. telligence related to border security was ob- final report to the Comptroller General (a) IN GENERAL.—Title III of the Homeland tained through the use of unmanned aerial under paragraph (1), the Secretary may re- Security Act of 2002 (6 U.S.C. 181 et seq.) is systems and manned aircraft. evaluate and update any of the metrics re- amended by adding at the end the following: (B) METRICS CONSULTATION.—In developing quired under paragraphs (2) through (5) of ‘‘SEC. 319. TRANSPARENCY IN RESEARCH AND the metrics required under subparagraph (A), subsection (c) to ensure that such metrics— DEVELOPMENT. the Secretary shall— (i) meet the Department’s performance ‘‘(a) REQUIREMENT TO PUBLICLY LIST UN- (i) consult with the appropriate compo- management needs; and CLASSIFIED RESEARCH & DEVELOPMENT PRO- nents of the Department; and (ii) are suitable to measure the effective- GRAMS.— (ii) as appropriate, work with other agen- ness of border security. ‘‘(1) IN GENERAL.—Except as provided in cies, including the Department of Justice, to (B) CONGRESSIONAL NOTIFICATION.—Not paragraph (2), the Secretary shall maintain a ensure that authoritative data sources are later than 30 days before updating the detailed list, accessible on the website of the utilized. metrics under subparagraph (A), the Sec- Department, of— (C) MANNER OF COLLECTION.—The data used retary shall notify the appropriate congres- ‘‘(A) each research and development by the Secretary shall be collected and re- sional committees of such updates. project that is not classified, and all appro- ported in a consistent and standardized man- SEC. 6302. ANNUAL HOMELAND SECURITY AS- priate details for each such project, includ- ner, informed by situational awareness. SESSMENT. ing the component of the Department re- (d) DATA TRANSPARENCY.—The Secretary (a) IN GENERAL.—Title II of the Homeland sponsible for the project; shall— Security Act of 2002 (6 U.S.C. 121 et seq.) is ‘‘(B) each task order for a Federally Fund- (1) in accordance with applicable privacy amended by adding at the end the following: ed Research and Development Center not as- laws, make data related to apprehensions, ‘‘SEC. 210G. ANNUAL HOMELAND SECURITY AS- sociated with a research and development inadmissible aliens, drug seizures, and other SESSMENT. project; and enforcement actions available to the public, ‘‘(a) DEPARTMENT ANNUAL ASSESSMENT.— ‘‘(C) each task order for a University-based academic research, and law enforcement ‘‘(1) IN GENERAL.—Not later than March 31 center of excellence not associated with a re- communities; and of each year beginning in the year after the search and development project. date of enactment of this section, and each (2) provide the Office of Immigration Sta- ‘‘(2) EXCEPTIONS.— year thereafter for 7 years, the Under Sec- tistics of the Department with unfettered ac- ‘‘(A) OPERATIONAL SECURITY.—The Sec- cess to the data described in paragraph (1). retary for Intelligence and Analysis shall retary, or a designee of the Secretary with prepare and submit to the congressional (e) EVALUATION BY THE GOVERNMENT AC- the rank of Assistant Secretary or above, homeland security committees a report as- COUNTABILITY OFFICE AND THE SECRETARY OF may exclude a project from the list required sessing the current threats to homeland se- HOMELAND SECURITY.— under paragraph (1) if the Secretary or such curity and the capability of the Department (1) METRICS REPORT.— designee provides to the appropriate congres- to address those threats. (A) MANDATORY DISCLOSURES.—The Sec- sional committees— retary shall submit an annual report con- ‘‘(2) FORM OF REPORT.—In carrying out ‘‘(i) the information that would otherwise taining the metrics required under para- paragraph (1), the Under Secretary for Intel- be required to be publicly posted under para- graphs (2) through (5) of subsection (c) and ligence and Analysis shall submit an unclas- graph (1); and the data and methodology used to develop sified report, and as necessary, a classified ‘‘(ii) a written certification that— such metrics to— annex. ‘‘(I) the information that would otherwise ‘‘(b) OFFICE OF INSPECTOR GENERAL ANNUAL (i) the appropriate congressional commit- be required to be publicly posted under para- ASSESSMENT.—Not later than 90 days after tees; and graph (1) is controlled unclassified informa- the date on which a report required under (ii) the Comptroller General of the United subsection (a) is submitted to the congres- tion, the public dissemination of which States. sional homeland security committees, the would jeopardize operational security; and (B) PERMISSIBLE DISCLOSURES.—The Sec- Inspector General of the Department shall ‘‘(II) the publicly posted list under para- retary, for the purpose of validation and prepare and submit to the congressional graph (1) includes as much information verification, may submit the annual report homeland security committees a report, about the program as is feasible without described in subparagraph (A) to— which shall include an assessment of the ca- jeopardizing operational security. (i) the National Center for Border Security pability of the Department to address the ‘‘(B) COMPLETED PROJECTS.—Paragraph (1) and Immigration; threats identified in the report required shall not apply to a project completed or (ii) the head of a national laboratory with- under subsection (a) and recommendations otherwise terminated before the date of en- in the Department laboratory network with for actions to mitigate those threats. actment of this section. prior expertise in border security; and ‘‘(c) MITIGATION PLAN.—Not later than 90 ‘‘(3) DEADLINE AND UPDATES.—The list re- (C) a Federally Funded Research and De- days after the date on which a report re- quired under paragraph (1) shall be— velopment Center sponsored by the Depart- quired under subsection (b) is submitted to ‘‘(A) made publicly accessible on the ment. the congressional homeland security com- website of the Department not later than 1 (2) GAO REPORT.—Not later than 270 days mittees, the Secretary shall submit to the year after the date of enactment of this sec- after receiving the first report under para- congressional homeland security committees tion; and graph (1)(A), and biennially thereafter for a plan to mitigate the threats to homeland ‘‘(B) updated as frequently as possible, but the following 10 years, the Comptroller Gen- security identified in the report.’’. not less frequently than once per quarter. eral of the United States, shall submit a re- (b) TECHNICAL AND CONFORMING AMEND- ‘‘(4) DEFINITION OF RESEARCH AND DEVELOP- port to the appropriate congressional com- MENT.—The table of contents in section 1(b) MENT.—For purposes of the list required mittees that— of the Homeland Security Act of 2002 (Public under paragraph (1), the Secretary shall pub- (A) analyzes the suitability and statistical Law 107–296; 116 Stat. 2135), as amended by lish a definition for the term ‘research and validity of the data and methodology con- this Act, is amended by inserting after the development’ on the website of the Depart- tained in such report; and item relating to section 210F the following: ment. (B) includes recommendations to Congress ‘‘Sec. 210G. Annual homeland security as- ‘‘(b) REQUIREMENT TO REPORT TO CONGRESS on— sessment.’’. ON CLASSIFIED PROJECTS.—Not later than (i) the feasibility of other suitable metrics SEC. 6303. DEPARTMENT TRANSPARENCY. January 1, 2017, and annually thereafter, the that may be used to measure the effective- (a) FEASIBILITY STUDY.—The Administrator Secretary shall submit to the appropriate ness of border security; and of the Federal Emergency Management congressional committees a report that lists (ii) improvements that need to be made to Agency shall initiate a study to determine each ongoing classified project at the De- the metrics being used to measure the effec- the feasibility of gathering data and pro- partment, including all appropriate details tiveness of border security. viding information to Congress on the use of of each such project. (3) STATE OF THE BORDER REPORT.—Not Federal grant awards, for expenditures of ‘‘(c) INDICATORS OF SUCCESS OF later than 60 days after the end of each fiscal more than $5,000, by entities that receive a TRANSITIONED PROJECTS.— year through fiscal year 2025, the Secretary Federal grant award under the Urban Area ‘‘(1) IN GENERAL.—For each project that shall submit a ‘‘State of the Border’’ report Security Initiative and the State Homeland has been transitioned from research and de- to the appropriate congressional committees Security Grant Program under sections 2003 velopment to practice, the Under Secretary that— and 2004 of the Homeland Security Act of of Science and Technology shall develop and (A) provides trends for each metric under 2002 (6 U.S.C. 604 and 605), respectively. track indicators to demonstrate the uptake paragraphs (2) through (5) of subsection (c) (b) REPORT.—Not later than 1 year after of the technology or project among cus- for the last 10 years, to the extent possible; the date of enactment of this Act, the Ad- tomers or end-users.

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‘‘(2) REQUIREMENT.—To the fullest extent this subsection, shall be subject to the re- ‘‘(a) IN GENERAL.—Not later than 60 days possible, the tracking of a project required quirements under subsections (b), (c), and (d) after the date on which the budget of the under paragraph (1) shall continue for the 3- in the same manner and to the same extent President is submitted to Congress under year period beginning on the date on which as the Plum Island Animal Disease Center. section 1105(a) of title 31, United States the project was transitioned from research ‘‘(f) CONSTRUCTION OF THE NATIONAL BIO Code, the Secretary shall submit to the Com- and development to practice. AND AGRO-DEFENSE FACILITY.— mittee on Homeland Security and Govern- ‘‘(3) INDICATORS.—The indicators developed ‘‘(1) REPORT REQUIRED.—Not later than mental Affairs of the Senate and the Com- and tracked under this subsection shall be September 30, 2016, and not less frequently mittee on Homeland Security of the House of included in the list required under sub- than twice each year thereafter, the Sec- Representatives (referred to in this section section (a). retary of Homeland Security and the Sec- as the ‘appropriate committees’) a Future ‘‘(d) DEFINITIONS.—In this section: retary of Agriculture shall submit to the Years Homeland Security Program that cov- ‘‘(1) ALL APPROPRIATE DETAILS.—The term congressional homeland security committees ers the fiscal year for which the budget is ‘all appropriate details’ means— a report on the National Bio and Agro-De- submitted and the 4 succeeding fiscal ‘‘(A) the name of the project, including fense Facility that includes— years.’’; and both classified and unclassified names if ap- ‘‘(A) a review of the status of the construc- (3) by striking subsection (c) and inserting plicable; tion of the National Bio and Agro-Defense the following: ‘‘(B) the name of the component carrying Facility, including— ‘‘(c) PROJECTION OF ACQUISITION ESTI- out the project; ‘‘(i) current cost and schedule estimates; MATES.—On and after February 1, 2018, each ‘‘(C) an abstract or summary of the ‘‘(ii) any revisions to previous estimates Future Years Homeland Security Program project; described in clause (i); and shall project— ‘‘(D) funding levels for the project; ‘‘(iii) total obligations to date; ‘‘(1) acquisition estimates for the fiscal ‘‘(E) project duration or timeline; ‘‘(B) a description of activities carried out year for which the budget is submitted and ‘‘(F) the name of each contractor, grantee, to prepare for the transfer of research to the the 4 succeeding fiscal years, with specified or cooperative agreement partner involved facility and the activation of that research; estimates for each fiscal year, for all major in the project; and acquisitions by the Department and each ‘‘(G) expected objectives and milestones for ‘‘(C) a description of activities that have component of the Department; and the project; and occurred to decommission the Plum Island ‘‘(2) estimated annual deployment sched- ‘‘(H) to the maximum extent practicable, Animal Disease Center. ules for all physical asset major acquisitions relevant literature and patents that are as- ‘‘(2) SUNSET.—The reporting requirement over the 5-fiscal-year period described in sociated with the project. under paragraph (1) shall terminate on the paragraph (1) and the full operating capa- ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT- date that is 1 year after the date on which bility for all information technology major TEES.—The term ‘appropriate congressional the Secretary of Homeland Security certifies acquisitions. committees’ means— to the congressional homeland security com- ‘‘(d) SENSITIVE AND CLASSIFIED INFORMA- ‘‘(A) the Committee on Homeland Security mittees that construction of the National TION.—The Secretary may include with each and Governmental Affairs of the Senate; Bio and Agro-Defense Facility has been com- Future Years Homeland Security Program a ‘‘(B) the Committee on Homeland Security pleted.’’. classified or other appropriately controlled of the House of Representatives; and (b) REVIEW.—Not later than 1 year after document containing any information re- ‘‘(C) the Committee on Oversight and Gov- the date of enactment of this Act, the Comp- quired to be submitted under this section ernment Reform of House of Representa- troller General of the United States shall that is restricted from public disclosure in tives. initiate a review of and submit to Congress a accordance with Federal law or any Execu- ‘‘(3) CLASSIFIED.—The term ‘classified’ report on the construction and future plan- tive Order. means anything containing— ning of the National Bio and Agro-Defense ‘‘(e) AVAILABILITY OF INFORMATION TO THE ‘‘(A) classified national security informa- Facility, which shall include— PUBLIC.—The Secretary shall make available tion as defined in section 6.1 of Executive (1) the extent to which cost and schedule to the public in electronic form the informa- Order 13526 (50 U.S.C. 3161 note) or any suc- estimates for the project conform to capital tion required to be submitted to the appro- cessor order; planning leading practices as determined by priate committees under this section, other ‘‘(B) Restricted Data or data that was for- the Comptroller General; than information described in subsection merly Restricted Data, as defined in section (2) the extent to which the project’s plan- (d).’’. 11y. of the Atomic Energy Act of 1954 (42 ning, budgeting, acquisition, and proposed (b) TECHNICAL AND CONFORMING AMEND- U.S.C. 2014(y)); management in use conform to capital plan- MENT.—The table of contents in section 1(b) ‘‘(C) material classified at the Sensitive ning leading practices as determined by the of the Homeland Security Act of 2002 (Public Compartmented Information (SCI) level as Comptroller General; and Law 107–296; 116 Stat. 2135), as amended by defined in section 309 of the Intelligence Au- (3) the extent to which disposal of the this Act, is amended by striking the item re- thorization Act for Fiscal Year 2001 (50 Plum Island Animal Disease Center con- lating to section 874 and inserting the fol- U.S.C. 3345); or forms to capital planning leading practices lowing: ‘‘(D) information relating to a special ac- as determined by the Comptroller General. ‘‘Sec. 874. Future Years Homeland Security cess program, as defined in section 6.1 of Ex- SEC. 6306. INSPECTOR GENERAL OVERSIGHT OF Program.’’. ecutive Order 13526 (50 U.S.C. 3161 note) or SUSPENSION AND DEBARMENT. (c) EFFECTIVE DATE.—The amendments any successor order. Not later than 3 years after the date of en- made by subsection (a) shall apply with re- ‘‘(4) CONTROLLED UNCLASSIFIED INFORMA- actment of this Act, the Inspector General of spect to each fiscal year beginning after the TION.—The term ‘controlled unclassified in- the Department shall— date of enactment of this Act. formation’ means information described as (1) audit the award of grants and procure- SEC. 6308. QUADRENNIAL HOMELAND SECURITY ‘Controlled Unclassified Information’ under ment contracts to identify— REVIEW. Executive Order 13556 (50 U.S.C. 3501 note) or (A) instances in which a grant or contract (a) IN GENERAL.—Section 707 of the Home- any successor order. was improperly awarded to a suspended or land Security Act of 2002 (6 U.S.C. 347) is ‘‘(5) PROJECT.—The term ‘project’ means a debarred entity; and amended— research or development project, program, or (B) whether corrective actions were taken (1) in subsection (b)— activity administered by the Department, following such instances to prevent recur- (A) in paragraph (5), by striking ‘‘and’’ at whether ongoing, completed, or otherwise rence; and the end; terminated.’’. (2) review the suspension and debarment (B) in paragraph (6), by striking the period (b) TECHNICAL AND CONFORMING AMEND- program throughout the Department to as- and inserting ‘‘; and’’; and MENT.—The table of contents in section 1(b) sess whether— (C) by adding at the end the following: of the Homeland Security Act of 2002 (Public (A) suspension and debarment criteria are ‘‘(7) review available capabilities and ca- Law 107–296; 116 Stat. 2135) is amended by in- consistently applied throughout the Depart- pacities across the homeland security enter- serting after the item relating to section 318 ment; and prise and identify redundant, wasteful, or the following: (B) disparities exist in the application of unnecessary capabilities and capacities from ‘‘Sec. 319. Transparency in research and de- the criteria, particularly with respect to which resources can be redirected to better velopment.’’. business size and category. support other existing capabilities and ca- SEC. 6305. REPORTING ON NATIONAL BIO AND SEC. 6307. FUTURE YEARS HOMELAND SECURITY pacities.’’; and AGRO-DEFENSE FACILITY. PROGRAM. (2) in subsection (c)— (a) IN GENERAL.—Section 310 of the Home- (a) IN GENERAL.—Section 874 of the Home- (A) by striking paragraph (1) and inserting land Security Act of 2002 (6 U.S.C. 190) is land Security Act of 2002 (6 U.S.C. 454) is the following: amended by adding at the end the following: amended— ‘‘(1) IN GENERAL.—Not later than 60 days ‘‘(e) SUCCESSOR FACILITY.—The National (1) in the section heading, by striking after the date on which the budget of the Bio and Agro-Defense Facility, the planned ‘‘YEAR’’ and inserting ‘‘YEARS’’; President is submitted to Congress under successor facility to the Plum Island Animal (2) by striking subsection (a) and inserting section 1105 of title 31, United States Code, Disease Center as of the date of enactment of the following: for the fiscal year after the fiscal year in

VerDate Sep 11 2014 05:19 May 27, 2016 Jkt 059060 PO 00000 Frm 00138 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.068 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3369 which a quadrennial homeland security re- (3) by redesignating paragraphs (4) through (1) agency use of administrative leave, and view is conducted under subsection (a)(1), the (8) as paragraphs (6) through (10), respec- leave that is referred to incorrectly as ad- Secretary shall submit to Congress a report tively; ministrative leave in agency recording prac- on the quadrennial homeland security re- (4) by redesignating paragraphs (1), (2), and tices, has exceeded reasonable amounts— view.’’; and (3) as paragraphs (2), (3), and (4), respec- (A) in contravention of— (B) in paragraph (2)— tively; (i) established precedent of the Comp- (i) in subparagraph (H), by striking ‘‘and’’ (5) by inserting before paragraph (1) the troller General of the United States; and at the end; following: (ii) guidance provided by the Office of Per- (ii) by redesignating subparagraph (I) as ‘‘(1) The term ‘acquisition’ has the mean- sonnel Management; and subparagraph (L); and ing given the term in section 131 of title 41, (B) resulting in significant cost to the Fed- (iii) by inserting after subparagraph (H) United States Code.’’; eral Government; the following: (6) in paragraph (3), as so redesignated— (2) administrative leave should be used ‘‘(I) a description of how the conclusions (A) by inserting ‘‘(A)’’ after ‘‘(3)’’; and sparingly; under the quadrennial homeland security re- (B) by adding at the end the following: (3) prior to the use of paid leave to address view will inform efforts to develop capabili- ‘‘(B) The term ‘congressional homeland se- personnel issues, an agency should consider ties and build capacity of States, local gov- curity committees’ means— other actions, including— ernments, Indian tribes, territories, and pri- ‘‘(i) the Committee on Homeland Security (A) temporary reassignment; vate entities, and of individuals, families, and Governmental Affairs of the Senate; (B) transfer; and and communities; ‘‘(ii) the Committee on Homeland Security (C) telework; ‘‘(J) proposed changes to the authorities, of the House of Representatives; (4) an agency should prioritize and expedi- organization, governance structure, or busi- ‘‘(iii) the Homeland Security Sub- tiously conclude an investigation in which ness processes (including acquisition proc- committee of the Committee on Appropria- an employee is placed in administrative esses) of the Department in order to better tions of the Senate; and leave so that, not later than the conclusion fulfil responsibilities of the Department; ‘‘(iv) the Homeland Security Sub- of the leave period— ‘‘(K) if appropriate, a classified or other ap- committee of the Committee on Appropria- (A) the employee is returned to duty sta- propriately controlled document containing tions of the House of Representatives.’’; tus; or any information required to be submitted (7) by inserting after paragraph (4), as so (B) an appropriate personnel action is under this paragraph that is restricted from redesignated, the following: taken with respect to the employee; public disclosure in accordance with Federal ‘‘(5) The term ‘best practices’, with respect (5) data show that there are too many ex- law, including information that is not pub- to acquisition, means a knowledge-based ap- amples of employees placed in administra- licly releasable; and’’. proach to capability development that in- tive leave for 6 months or longer, leaving the cludes— employees without any available recourse SEC. 6309. REPORTING REDUCTION. to— (a) OFFICE OF COUNTERNARCOTICS ANNUAL ‘‘(A) identifying and validating needs; ‘‘(B) assessing alternatives to select the (A) return to duty status; or BUDGET REVIEW AND EVALUATION OF COUN- (B) challenge the decision of the agency; TERNARCOTICS ACTIVITIES REPORT.—Section most appropriate solution; ‘‘(C) clearly establishing well-defined re- (6) an agency should ensure accurate and 878 of the Homeland Security Act of 2002 (6 consistent recording of the use of adminis- quirements; U.S.C. 458) is amended by striking subsection trative leave so that administrative leave ‘‘(D) developing realistic cost assessments (f). can be managed and overseen effectively; and schedules; (b) OFFICE OF COUNTERNARCOTICS SEIZURE and ‘‘(E) planning stable funding that matches REPORT.—Section 705(a) of the Office of Na- (7) other forms of excused absence author- resources to requirements; tional Drug Control Policy Reauthorization ized by law should be recorded separately ‘‘(F) demonstrating technology, design, Act of 1998 (21 U.S.C. 1704(a)) is amended by from administrative leave, as defined by the and manufacturing maturity; striking paragraph (3). amendments made by this section. (c) ANNUAL REPORT ON ACTIVITIES OF THE ‘‘(G) using milestones and exit criteria or (c) ADMINISTRATIVE LEAVE.— NATIONAL NUCLEAR DETECTION OFFICE.—Sec- specific accomplishments that demonstrate (1) IN GENERAL.—Subchapter II of chapter tion 1902(a)(13) of the Homeland Security Act progress; 63 of title 5, United States Code, is amended of 2002 (6 U.S.C. 592(a)(13)) is amended by ‘‘(H) adopting and executing standardized by adding at the end the following: processes with known success across pro- striking ‘‘an annual’’ and inserting ‘‘a bien- ‘‘§ 6329a. Administrative leave nial’’. grams; ‘‘(a) DEFINITIONS.—In this section— (d) JOINT ANNUAL INTERAGENCY REVIEW OF ‘‘(I) establishing an adequate workforce ‘‘(1) the term ‘administrative leave’ means GLOBAL NUCLEAR DETECTION ARCHITEC- that is qualified and sufficient to perform leave— TURE.—Section 1907 of the Homeland Secu- necessary functions; and ‘‘(A) without loss of or reduction in— rity Act of 2002 (6 U.S.C. 596a) is amended— ‘‘(J) integrating capabilities into the mis- ‘‘(i) pay; (1) in subsection (a)— sion and business operations of the Depart- ‘‘(ii) leave to which an employee is other- (A) in the subsection heading, by striking ment.’’; wise entitled under law; or ‘‘ANNUAL’’ and inserting ‘‘BIENNIAL’’; (8) by inserting after paragraph (10), as so ‘‘(iii) credit for time or service; and (B) in paragraph (1)— redesignated, the following: ‘‘(B) that is not authorized under any other (i) in the matter preceding subparagraph ‘‘(11) The term ‘homeland security enter- provision of law; (A), by striking ‘‘once each year—’’ and in- prise’ means all relevant governmental and ‘‘(2) the term ‘agency’— nongovernmental entities involved in home- serting ‘‘once every other year—’’; and ‘‘(A) means an Executive agency (as de- land security, including Federal, State, (ii) in subparagraph (C)— fined in section 105 of this title); and local, tribal, and territorial government offi- (I) in clause (i), by striking ‘‘the previous ‘‘(B) does not include the Government Ac- cials, private sector representatives, aca- year’’ and inserting ‘‘the previous 2 years’’; countability Office; and demics, and other policy experts.’’; and and ‘‘(3) the term ‘employee’— (9) by inserting after paragraph (15), as so (II) in clause (iii), by striking ‘‘the pre- ‘‘(A) has the meaning given the term in redesignated, the following: vious year.’’ and inserting ‘‘the previous 2 section 2105; and ‘‘(16) The term ‘management integration years.’’; and ‘‘(B) does not include an intermittent em- and transformation’— (C) in paragraph (2), by striking ‘‘once each ployee who does not have an established reg- ‘‘(A) means the development of consistent year,’’ and inserting ‘‘once every other ular tour of duty during the administrative and consolidated functions for information year,’’; and workweek. (2) in subsection (b)— technology, financial management, acquisi- ‘‘(b) ADMINISTRATIVE LEAVE.— (A) in the subsection heading, by striking tion management, logistics and material re- ‘‘(1) IN GENERAL.—An agency may place an ‘‘ANNUAL’’ and inserting ‘‘BIENNIAL’’; source management, asset security, and employee in administrative leave for a pe- (B) in paragraph (1), by striking ‘‘of each human capital management; and riod of not more than 5 consecutive days. year,’’ and inserting ‘‘of every other year,’’; ‘‘(B) includes governing processes and pro- ‘‘(2) RULE OF CONSTRUCTION.—Nothing in and cedures, management systems, personnel ac- paragraph (1) shall be construed to limit the (C) in paragraph (2), by striking ‘‘annual’’ tivities, budget and resource planning, train- use of leave that is— and inserting ‘‘biennial’’. ing, real estate management, and provision ‘‘(A) specifically authorized under law; and SEC. 6310. ADDITIONAL DEFINITIONS. of security, as they relate to functions cited ‘‘(B) not administrative leave. Section 2 of the Homeland Security Act of in subparagraph (A).’’. ‘‘(3) RECORDS.—An agency shall record ad- 2002 (6 U.S.C. 101) is amended— TITLE LXXIV—MISCELLANEOUS ministrative leave separately from leave au- (1) by redesignating paragraphs (13) SEC. 6401. ADMINISTRATIVE LEAVE. thorized under any other provision of law. through (18) as paragraphs (17) through (22), (a) SHORT TITLE.—This section may be ‘‘(c) REGULATIONS.— respectively; cited as the ‘‘Administrative Leave Act of ‘‘(1) OPM REGULATIONS.—Not later than 1 (2) by redesignating paragraphs (9) through 2016’’. year after the date of enactment of this sec- (12) as paragraphs (12) through (15), respec- (b) SENSE OF CONGRESS.—It is the sense of tion, the Director of the Office of Personnel tively Congress that— Management shall—

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‘‘(A) prescribe regulations to carry out this ‘‘(7) the term ‘notice leave’ means leave— ‘‘(3) DURATION OF LEAVE.— section; and ‘‘(A) without loss of or reduction in— ‘‘(A) INVESTIGATIVE LEAVE.—Subject to ex- ‘‘(B) prescribe regulations that provide ‘‘(i) pay; tensions of a period of investigative leave for guidance to agencies regarding— ‘‘(ii) leave to which an employee is other- which an employee may be eligible under ‘‘(i) acceptable agency uses of administra- wise entitled under law; or subsections (d) and (e), the initial placement tive leave; and ‘‘(iii) credit for time or service; of an employee in investigative leave shall ‘‘(ii) the proper recording of— ‘‘(B) that is not authorized under any other be for a period not longer than 10 days. ‘‘(I) administrative leave; and provision of law; and ‘‘(B) NOTICE LEAVE.—Placement of an em- ‘‘(II) other leave authorized by law. ‘‘(C) in which an employee who is in a no- ployee in notice leave shall be for a period ‘‘(2) AGENCY ACTION.—Not later than 1 year tice period is placed; and not longer than the duration of the notice after the date on which the Director of the ‘‘(8) the term ‘notice period’ means a pe- period. Office of Personnel Management prescribes riod beginning on the date on which an em- ‘‘(4) EXPLANATION OF LEAVE.— regulations under paragraph (1), each agency ployee is provided notice required under law ‘‘(A) IN GENERAL.—If an agency places an shall revise and implement the internal poli- of a proposed adverse action against the em- employee in leave under subsection (b), the cies of the agency to meet the requirements ployee and ending on the date on which an agency shall provide the employee a written of this section. agency may take the adverse action. explanation of the leave placement and the ‘‘(d) RELATION TO OTHER LAWS.—Notwith- ‘‘(b) LEAVE FOR EMPLOYEES UNDER INVES- reasons for the leave placement. standing subsection (a) of section 7421 of TIGATION OR IN A NOTICE PERIOD.— ‘‘(B) EXPLANATION.—The written notice title 38, this section shall apply to an em- ‘‘(1) AUTHORITY.—An agency may, in ac- under subparagraph (A) shall describe the ployee described in subsection (b) of that cordance with paragraph (2), place an em- limitations of the leave placement, includ- section.’’. ployee in— ing— (2) OPM STUDY.—Not later than 120 days ‘‘(A) investigative leave if the employee is ‘‘(i) the applicable limitations under para- after the date of enactment of this Act, the the subject of an investigation; graph (3); and Director of the Office of Personnel Manage- ‘‘(B) notice leave if the employee is in a ‘‘(ii) in the case of a placement in inves- ment, in consultation with Federal agencies, notice period; or tigative leave, an explanation that, at the groups representing Federal employees, and ‘‘(C) notice leave following a placement in conclusion of the period of leave, the agency other relevant stakeholders, shall submit to investigative leave if, not later than the day shall take an action under paragraph (5). the Committee on Homeland Security and after the last day of the period of investiga- ‘‘(5) AGENCY ACTION.—Not later than the Governmental Affairs of the Senate and the tive leave— day after the last day of a period of inves- Committee on Oversight and Government ‘‘(i) the agency proposes or initiates an ad- tigative leave for an employee under sub- Reform of the House of Representatives a re- verse action against the employee; and section (b)(1), an agency shall— port identifying agency practices, as of the ‘‘(ii) the agency determines that the em- ‘‘(A) return the employee to regular duty date of enactment of this Act, of placing an ployee continues to meet 1 or more of the status; employee in administrative leave for more criteria described in subsection (c)(1). ‘‘(B) take 1 or more of the actions author- than 5 consecutive days when the placement ‘‘(2) REQUIREMENTS.—An agency may place ized under paragraph (2), meaning— was not specifically authorized by law. an employee in leave under paragraph (1) ‘‘(i) assigning the employee to duties in (3) TECHNICAL AND CONFORMING AMEND- only if the agency has— which the employee is no longer a threat MENT.—The table of sections for subchapter ‘‘(A) made a determination with respect to to— II of chapter 63 of title 5, United States Code, the employee under subsection (c)(1); ‘‘(I) safety; is amended by inserting after the item relat- ‘‘(B) considered the available options for ‘‘(II) the mission of the agency; ing to section 6329 the following: the employee under subsection (c)(2); and ‘‘(III) Government property; or ‘‘6329a. Administrative leave.’’. ‘‘(C) determined that none of the available ‘‘(IV) evidence relevant to an investiga- options under subsection (c)(2) is appro- tion; (d) INVESTIGATIVE LEAVE AND NOTICE priate. ‘‘(ii) allowing the employee to take leave LEAVE.— ‘‘(c) EMPLOYEES UNDER INVESTIGATION OR IN for which the employee is eligible; (1) IN GENERAL.—Subchapter II of chapter A NOTICE PERIOD.— ‘‘(iii) requiring the employee to telework 63 of title 5, United States Code, as amended ‘‘(1) DETERMINATIONS.—An agency may not under section 6502(c); by this section, is further amended by adding place an employee in investigative leave or ‘‘(iv) if the employee is absent from duty at the end the following: notice leave under subsection (b) unless the without approved leave, carrying the em- ‘‘§ 6329b. Investigative leave and notice leave continued presence of the employee in the ployee in absence without leave status; or ‘‘(a) DEFINITIONS.—In this section— workplace during an investigation of the em- ‘‘(v) for an employee subject to a notice pe- ‘‘(1) the term ‘agency’— ployee or while the employee is in a notice riod, curtailing the notice period if there is ‘‘(A) means an Executive agency (as de- period, if applicable, may— reasonable cause to believe the employee has fined in section 105 of this title); and ‘‘(A) pose a threat to the employee or oth- committed a crime for which a sentence of ‘‘(B) does not include the Government Ac- ers; imprisonment may be imposed; countability Office; ‘‘(B) result in the destruction of evidence ‘‘(C) propose or initiate an adverse action ‘‘(2) the term ‘Chief Human Capital Officer’ relevant to an investigation; against the employee as provided under law; means— ‘‘(C) result in loss of or damage to Govern- or ‘‘(A) the Chief Human Capital Officer of an ment property; or ‘‘(D) extend the period of investigative agency designated or appointed under sec- ‘‘(D) otherwise jeopardize legitimate Gov- leave under subsections (d) and (e). tion 1401; or ernment interests. ‘‘(6) RULE OF CONSTRUCTION.—Nothing in ‘‘(B) the equivalent; ‘‘(2) AVAILABLE OPTIONS FOR EMPLOYEES paragraph (5) shall be construed to prevent ‘‘(3) the term ‘committees of jurisdiction’, UNDER INVESTIGATION OR IN A NOTICE PE- the continued investigation of an employee, with respect to an agency, means each com- RIOD.—After making a determination under except that the placement of an employee in mittee in the Senate and House of Rep- paragraph (1) with respect to an employee, investigative leave may not be extended for resentatives with jurisdiction over the agen- and before placing an employee in investiga- that purpose except as provided in sub- cy; tive leave or notice leave under subsection sections (d) and (e). ‘‘(4) the term ‘Director’ means the Director (b), an agency shall consider taking 1 or ‘‘(d) INITIAL EXTENSION OF INVESTIGATIVE of the Office of Personnel Management; more of the following actions: LEAVE.— ‘‘(5) the term ‘employee’— ‘‘(A) Assigning the employee to duties in ‘‘(1) IN GENERAL.—Subject to paragraph (4), ‘‘(A) has the meaning given the term in which the employee is no longer a threat if the Chief Human Capital Officer of an section 2105; and to— agency, or the designee of the Chief Human ‘‘(B) does not include— ‘‘(i) safety; Capital Officer, approves such an extension ‘‘(i) an intermittent employee who does ‘‘(ii) the mission of the agency; after consulting with the investigator re- not have an established regular tour of duty ‘‘(iii) Government property; or sponsible for conducting the investigation to during the administrative workweek; or ‘‘(iv) evidence relevant to an investigation. which an employee is subject, the agency ‘‘(ii) the Inspector General of an agency; ‘‘(B) Allowing the employee to take leave may extend the period of investigative leave ‘‘(6) the term ‘investigative leave’ means for which the employee is eligible. for the employee under subsection (b) for not leave— ‘‘(C) Requiring the employee to telework more than 30 days. ‘‘(A) without loss of or reduction in— under section 6502(c). ‘‘(2) MAXIMUM NUMBER OF EXTENSIONS.—The ‘‘(i) pay; ‘‘(D) If the employee is absent from duty total period of additional investigative leave ‘‘(ii) leave to which an employee is other- without approved leave, carrying the em- for an employee under paragraph (1) may not wise entitled under law; or ployee in absence without leave status. exceed 110 days. ‘‘(iii) credit for time or service; ‘‘(E) For an employee subject to a notice ‘‘(3) DESIGNATION GUIDANCE.—Not later ‘‘(B) that is not authorized under any other period, curtailing the notice period if there than 1 year after the date of enactment of provision of law; and is reasonable cause to believe the employee this section, the Chief Human Capital Offi- ‘‘(C) in which an employee who is the sub- has committed a crime for which a sentence cers Council shall issue guidance to ensure ject of an investigation is placed; of imprisonment may be imposed. that if the Chief Human Capital Officer of an

VerDate Sep 11 2014 05:19 May 27, 2016 Jkt 059060 PO 00000 Frm 00140 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.068 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3371 agency delegates the authority to approve an ‘‘(3) result in loss of or damage to Govern- while the employee is in a notice period, if extension under paragraph (1) to a designee, ment property; or applicable, may— the designee is at a sufficiently high level ‘‘(4) otherwise jeopardize legitimate Gov- ‘‘(I) pose a threat to the employee or oth- within the agency to make an impartial and ernment interests. ers; independent determination regarding the ex- ‘‘(g) REPORTING AND RECORDS.— ‘‘(II) result in the destruction of evidence tension. ‘‘(1) IN GENERAL.—An agency shall keep a relevant to an investigation; ‘‘(4) EXTENSIONS FOR OIG EMPLOYEES.— record of the placement of an employee in ‘‘(III) result in loss of or damage to Gov- ‘‘(A) APPROVAL.—In the case of an em- investigative leave or notice leave by the ernment property; or ployee of an Office of Inspector General— agency, including— ‘‘(IV) otherwise jeopardize legitimate Gov- ‘‘(i) the Inspector General or the designee ‘‘(A) the basis for the determination made ernment interests; and’’. of the Inspector General, rather than the under subsection (c)(1); (3) GAO REPORT.—Not later than 5 years Chief Human Capital Officer or the designee ‘‘(B) an explanation of why an action under after the date of enactment of this Act, the of the Chief Human Capital Officer, shall ap- subsection (c)(2) was not appropriate; Comptroller General of the United States prove an extension of a period of investiga- ‘‘(C) the length of the period of leave; shall report to the Committee on Homeland tive leave for the employee under paragraph ‘‘(D) the amount of salary paid to the em- Security and Governmental Affairs of the (1); or ployee during the period of leave; Senate and the Committee on Oversight and ‘‘(ii) at the request of the Inspector Gen- ‘‘(E) the reasons for authorizing the leave, Government Reform of the House of Rep- eral, the head of the agency within which the including, if applicable, the recommendation resentatives on the results of an evaluation Office of Inspector General is located shall made by an investigator under subsection of the implementation of the authority pro- designate an official of the agency to ap- (d)(1); and vided under sections 6329a and 6329b of title prove an extension of a period of investiga- ‘‘(F) the action taken by the agency at the 5, United States Code, as added by subsection tive leave for the employee under paragraph end of the period of leave, including, if appli- (c)(1) and paragraph (1) of this subsection, re- (1). cable, the granting of any extension of a pe- spectively, including— ‘‘(B) GUIDANCE.—Not later than 1 year after riod of investigative leave under subsection (A) an assessment of agency use of the au- the date of enactment of this section, the (d) or (e). thority provided under subsection (e) of such Council of the Inspectors General on Integ- ‘‘(2) AVAILABILITY OF RECORDS.—An agency section 6329b, including data regarding— rity and Efficiency shall issue guidance to shall make a record kept under paragraph (1) (i) the number and length of extensions ensure that if the Inspector General or the available— granted under that subsection; and head of an agency, at the request of the In- ‘‘(A) to any committee of Congress, upon (ii) the number of times that the Director request; spector General, delegates the authority to of the Office of Personnel Management, ‘‘(B) to the Office of Personnel Manage- approve an extension under subparagraph (A) under paragraph (3) of that subsection— ment; and to a designee, the designee is at a suffi- (I) concurred with the decision of an agen- ‘‘(C) as otherwise required by law, includ- ciently high level within the Office of Inspec- cy to grant an extension; and ing for the purposes of the Administrative tor General or the agency, as applicable, to (II) did not concur with the decision of an Leave Act of 2016 and the amendments made make an impartial and independent deter- agency to grant an extension, including the by that Act. mination regarding the extension. bases for those opinions of the Director; ‘‘(h) REGULATIONS.— ‘‘(e) FURTHER EXTENSION OF INVESTIGATIVE (B) recommendations to Congress, as ap- ‘‘(1) OPM ACTION.—Not later than 1 year LEAVE.— propriate, on the need for extensions beyond after the date of enactment of this section, ‘‘(1) IN GENERAL.—After reaching the limit the extensions authorized under subsection the Director shall prescribe regulations to under subsection (d)(2), an agency may fur- (d) of such section 6329b; and carry out this section, including guidance to ther extend a period of investigative leave (C) a review of the practice of agency agencies regarding— for an employee for a period of not more placement of an employee in investigative or ‘‘(A) acceptable purposes for the use of— than 60 days if, before the further extension notice leave under subsection (b) of such sec- ‘‘(i) investigative leave; and begins, the head of the agency or, in the case tion 6329b because of a determination under ‘‘(ii) notice leave; of an employee of an Office of Inspector Gen- subsection (c)(1)(D) of that section that the ‘‘(B) the proper recording of— eral, the Inspector General submits a notifi- employee jeopardized legitimate Govern- ‘‘(i) the leave categories described in sub- cation that includes the reasons for the fur- ment interests, including the extent to paragraph (A); and ther extension to the— which such determinations were supported ‘‘(ii) other leave authorized by law; ‘‘(A) committees of jurisdiction; by evidence. ‘‘(C) baseline factors that an agency shall ‘‘(B) Committee on Homeland Security and (4) TELEWORK.—Section 6502 of title 5, consider when making a determination that Governmental Affairs of the Senate; and United States Code, is amended by adding at the continued presence of an employee in the ‘‘(C) Committee on Oversight and Govern- the end the following: ment Reform of the House of Representa- workplace may— ‘‘(i) pose a threat to the employee or oth- ‘‘(c) REQUIRED TELEWORK.—If an agency de- tives. termines under section 6329b(c)(1) that the ‘‘(2) NO LIMIT.—There shall be no limit on ers; ‘‘(ii) result in the destruction of evidence continued presence of an employee in the the number of further extensions that an workplace during an investigation of the em- agency may grant to an employee under relevant to an investigation; ‘‘(iii) result in loss or damage to Govern- ployee or while the employee is in a notice paragraph (1). period, if applicable, may pose 1 or more of ‘‘(3) OPM REVIEW.—An agency shall request ment property; or ‘‘(iv) otherwise jeopardize legitimate Gov- the threats described in that section and the from the Director, and include with the noti- employee is eligible to telework under sub- fication required under paragraph (1), the ernment interests; and ‘‘(D) procedures and criteria for the ap- sections (a) and (b) of this section, the agen- opinion of the Director— cy may require the employee to telework for ‘‘(A) with respect to whether to grant a proval of an extension of a period of inves- tigative leave under subsection (d) or (e). the duration of the investigation or the no- further extension under this subsection, in- tice period, if applicable.’’. cluding the reasons for that opinion; and ‘‘(2) AGENCY ACTION.—Not later than 1 year (5) TECHNICAL AND CONFORMING AMEND- ‘‘(B) which shall not be binding on the after the date on which the Director pre- MENT.—The table of sections for subchapter agency. scribes regulations under paragraph (1), each agency shall revise and implement the inter- II of chapter 63 of title 5, United States Code, ‘‘(4) SUNSET.—The authority provided is amended by inserting after the item relat- under this subsection shall expire on the nal policies of the agency to meet the re- quirements of this section. ing to section 6329a, as added by this section, date that is 6 years after the date of enact- the following: ment of this section. ‘‘(i) RELATION TO OTHER LAWS.—Notwith- ‘‘(f) CONSULTATION GUIDANCE.—Not later standing subsection (a) of section 7421 of ‘‘6329b. Investigative leave and notice than 1 year after the date of enactment of title 38, this section shall apply to an em- leave.’’. ployee described in subsection (b) of that this section, the Council of the Inspectors (e) LEAVE FOR WEATHER AND SAFETY section.’’. General on Integrity and Efficiency, in con- ISSUES.— (2) PERSONNEL ACTION.—Section sultation with the Attorney General and the (1) IN GENERAL.—Subchapter II of chapter Special Counsel, shall issue guidance on best 2302(a)(2)(A) of title 5, United States Code, is 63 of title 5, United States Code, as amended practices for consultation between an inves- amended— by this section, is further amended by adding tigator and an agency on the need to place (A) in clause (xi), by striking ‘‘and’’ at the at the end the following: an employee in investigative leave during an end; investigation of the employee, including dur- (B) by redesignating clause (xii) as clause ‘‘§ 6329c. Weather and safety leave ing a criminal investigation, because the (xiii); and ‘‘(a) DEFINITIONS.—In this section— continued presence of the employee in the (C) by inserting after clause (xi) the fol- ‘‘(1) the term ‘agency’— workplace during the investigation may— lowing: ‘‘(A) means an Executive agency (as de- ‘‘(1) pose a threat to the employee or oth- ‘‘(xii) a determination made by an agency fined in section 105 of this title); and ers; under section 6329b(c)(1) that the continued ‘‘(B) does not include the Government Ac- ‘‘(2) result in the destruction of evidence presence of an employee in the workplace countability Office; and relevant to an investigation; during an investigation of the employee or ‘‘(2) the term ‘employee’—

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‘‘(A) has the meaning given the term in conflict zone in Iraq or Syria from the (1) IN GENERAL.—Not later than 180 days section 2105; and United States, including issues related to the after the date of enactment of this Act, the ‘‘(B) does not include an intermittent em- timely identification of suspects, informa- President shall submit a national strategy to ployee who does not have an established reg- tion sharing, intervention, and interdiction; combat terrorist travel to the appropriate ular tour of duty during the administrative and congressional committees. The strategy workweek. (3) identify lessons learned and areas that shall address efforts to intercept terrorists ‘‘(b) LEAVE FOR WEATHER AND SAFETY can be improved to prevent additional travel and foreign fighters and constrain the do- ISSUES.—An agency may approve the provi- by persons described in subsection (a) to a mestic and international travel of such per- sion of leave under this section to an em- conflict zone in Iraq or Syria, or other ter- sons. Consistent with the protection of clas- ployee or a group of employees without loss rorist safe haven abroad, to join or provide sified information, the strategy shall be sub- of or reduction in the pay of the employee or material support or resources to a terrorist mitted in unclassified form, including, as ap- employees, leave to which the employee or organization. propriate, a classified annex. employees are otherwise entitled, or credit (c) INFORMATION SHARING.—The President (2) UPDATED STRATEGIES.—Not later than to the employee or employees for time or shall direct the heads of relevant Federal 180 days after the date on which a new Presi- service only if the employee or group of em- agencies to provide the appropriate informa- dent is inaugurated, the President shall sub- ployees is prevented from safely traveling to tion that may be necessary for the Secretary mit an updated version of the strategy de- or performing work at an approved location to complete the review required under this scribed in paragraph (1) to the appropriate due to— section. congressional committees. ‘‘(1) an act of God; (d) SUBMISSION TO CONGRESS.—Not later (3) COORDINATION.—The President shall di- ‘‘(2) a terrorist attack; or than 120 days after the date of enactment of rect— ‘‘(3) another condition that prevents the this Act, the Secretary, consistent with the (A) the Secretary to develop the initial na- employee or group of employees from safely protection of classified information, shall tional strategy and updates required under traveling to or performing work at an ap- submit a report to the appropriate congres- this subsection; and proved location. sional committees that includes the results (B) the heads of other Federal agencies, as ‘‘(c) RECORDS.—An agency shall record of the review required under this section, in- appropriate, to coordinate with the Sec- leave provided under this section separately cluding information on travel routes of retary of Homeland Security in the develop- from leave authorized under any other provi- greatest concern, as appropriate. ment of such strategy and updates. (e) PROHIBITION ON ADDITIONAL FUNDING.— sion of law. (4) CONTENTS.—The strategy required under No additional funds are authorized to be ap- ‘‘(d) REGULATIONS.—Not later than 1 year this subsection shall— propriated to carry out this section. after the date of enactment of this section, (A) include an accounting and description (f) DEFINITIONS.—In this section: the Director of the Office of Personnel Man- of all Federal Government programs, (1) APPROPRIATE CONGRESSIONAL COMMIT- agement shall prescribe regulations to carry projects, and activities designed to constrain TEES.—The term ‘‘appropriate congressional out this section, including— committees’’ means— domestic and international travel by terror- ‘‘(1) guidance to agencies regarding the ap- (A) the Committee on Homeland Security ists and foreign fighters; propriate purposes for providing leave under and Governmental Affairs of the Senate; (B) identify specific security this section; and (B) the Select Committee on Intelligence vulnerabilities within the United States and ‘‘(2) the proper recording of leave provided of the Senate; outside of the United States that may be ex- under this section. (C) the Committee on the Judiciary of the ploited by terrorists and foreign fighters; ‘‘(e) RELATION TO OTHER LAWS.—Notwith- Senate; (C) delineate goals for— standing subsection (a) of section 7421 of (D) the Committee on Armed Services of (i) closing the security vulnerabilities title 38, this section shall apply to an em- the Senate; identified under subparagraph (B); and ployee described in subsection (b) of that (E) the Committee on Foreign Relations of (ii) enhancing the ability of the Federal section.’’. the Senate; Government to constrain domestic and inter- (2) TECHNICAL AND CONFORMING AMEND- (F) the Committee on Banking, Housing, national travel by terrorists and foreign MENT.—The table of sections for subchapter and Urban Affairs of the Senate; fighters; and II of chapter 63 of title 5, United States Code, (G) the Committee on Appropriations of (D) describe the actions that will be taken is amended by inserting after the item relat- the Senate; to achieve the goals delineated under sub- ing to section 6329b, as added by this section, (H) the Committee on Homeland Security paragraph (C) and the means needed to carry the following: of the House of Representatives; out such actions, including— ‘‘6329c. Weather and safety leave.’’. (I) the Permanent Select Committee on In- (i) steps to reform, improve, and stream- line existing Federal Government efforts to (f) ADDITIONAL OVERSIGHT.— telligence of the House of Representatives; align with the current threat environment; (1) IN GENERAL.—Not later than 3 years (J) the Committee on the Judiciary of the after the date of enactment of this Act, the House of Representatives; (ii) new programs, projects, or activities Director of the Office of Personnel Manage- (K) the Committee on Armed Services of that are requested, under development, or ment shall complete a review of agency poli- the House of Representatives; undergoing implementation; cies to determine whether agencies have (L) the Committee on Foreign Affairs of (iii) new authorities or changes in existing complied with the requirements of this sec- the House of Representatives; authorities needed from Congress; tion and the amendments made by this sec- (M) the Committee on Appropriations of (iv) specific budget adjustments being re- tion. the House of Representatives; and quested to enhance United States security in a risk-based manner; and (2) REPORT TO CONGRESS.—Not later than 90 (N) the Committee on Financial Services days after completing the review under para- of the House of Representatives. (v) the Federal departments and agencies responsible for the specific actions described graph (1), the Director shall submit to Con- (2) MATERIAL SUPPORT OR RESOURCES.—The gress a report evaluating the results of the term ‘‘material support or resources’’ has in this subparagraph. review. the meaning given such term in section (5) SUNSET.—The requirement to submit updated national strategies under this sub- SEC. 6402. UNITED STATES GOVERNMENT RE- 2339A of title 18, United States Code. section shall terminate on the date that is 7 VIEW OF CERTAIN FOREIGN FIGHT- SEC. 6403. NATIONAL STRATEGY TO COMBAT TER- ERS. RORIST TRAVEL. years after the date of enactment of this (a) REVIEW.—Not later than 30 days after (a) SENSE OF CONGRESS.—It is the sense of Act. the date of enactment of this Act, the Presi- Congress that it should be the policy of the (c) DEVELOPMENT OF IMPLEMENTATION dent, acting through the Secretary, shall ini- United States— PLANS.—For each national strategy required tiate a review of known instances since 2011 (1) to continue to regularly assess the under subsection (b), the President shall— in which a person has traveled or attempted evolving terrorist threat to the United (1) direct the Secretary to develop an im- to travel to a conflict zone in Iraq or Syria States; plementation plan for the Department; and from the United States to join or provide (2) to catalog existing Federal Government (2) coordinate with the heads of other rel- material support or resources to a terrorist efforts to obstruct terrorist and foreign evant Federal agencies to ensure the devel- organization. fighter travel into, out of, and within the opment of implementing plans for each such (b) SCOPE OF REVIEW.—The review under United States, and overseas; agency. subsection (a) shall— (3) to identify such efforts that may ben- (d) IMPLEMENTATION PLANS.— (1) include relevant unclassified and classi- efit from reform or consolidation, or require (1) IN GENERAL.—The President shall sub- fied information held by the United States elimination; mit an implementation plan developed under Government related to each instance de- (4) to identify potential security subsection (c) to the appropriate congres- scribed in subsection (a); vulnerabilities in United States defenses sional committees with each national strat- (2) ascertain which factors, including oper- against terrorist travel; and egy required under subsection (b). Consistent ational issues, security vulnerabilities, sys- (5) to prioritize resources to address any with the protection of classified information, temic challenges, or other issues, which may such security vulnerabilities in a risk-based each such implementation plan shall be sub- have undermined efforts to prevent the trav- manner. mitted in unclassified form, but may include el of persons described in subsection (a) to a (b) NATIONAL STRATEGY AND UPDATES.— a classified annex.

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(2) ANNUAL UPDATES.—The President shall (4) whether additional U.S. Customs and (1) conduct a review of security clearance submit an annual updated implementation Border Protection preclearance and business processes and, to the extent prac- plan to the appropriate congressional com- preinspection operations at ports of entry ticable, modify such processes to maximize mittees during the 10-year period beginning along the Northern Border could help pre- compatibility with the security clearance in- on the date of enactment of this Act. vent terrorists and instruments of terror formation technology architecture to mini- (e) PROHIBITION ON ADDITIONAL FUNDING.— from entering the United States. mize the need for customization of the Sys- No additional funds are authorized to be ap- (c) ANALYSIS REQUIREMENTS.—For the tem; propriated to carry out this section. threat analysis required under subsection (2) conduct business process mapping (as (f) DEFINITION.—In this section, the term (b), the Secretary shall consider and exam- such term is defined in section 2222(i) of title ‘‘appropriate congressional committees’’ ine— 10, United States Code) of the business proc- means— (1) technology needs and challenges; esses described in paragraph (1); (1) the Committee on Homeland Security (2) personnel needs and challenges; (3) use spiral development and incremental and Governmental Affairs of the Senate; (3) the role of State, tribal, and local law acquisition practices to rapidly deploy the (2) the Committee on Armed Services of enforcement in general border security ac- System, including through the use of proto- the Senate; tivities; typing and open architecture principles; (3) the Select Committee on Intelligence of (4) the need for cooperation among Fed- (4) establish a process to identify and limit the Senate; eral, State, tribal, local, and Canadian law interfaces with legacy systems and to limit (4) the Committee on the Judiciary of the enforcement entities relating to border secu- customization of any commercial informa- Senate; rity; tion technology tools used; (5) the Committee on Foreign Relations of (5) the terrain, population density, and cli- (5) establish automated processes for meas- the Senate; mate along the Northern Border; and uring the performance goals of the System; (6) the needs and challenges of Department (6) the Committee on Appropriations of the and facilities, including the physical approaches Senate; (6) incorporate capabilities for the contin- to such facilities. (7) the Committee on Homeland Security uous monitoring of network security and the (d) CLASSIFIED THREAT ANALYSIS.—To the mitigation of insider threats to the System. of the House of Representatives; extent possible, the Secretary shall submit (8) the Committee on Armed Services of the threat analysis required under sub- (d) COMPLETION DATE.—The Secretary shall the House of Representatives; section (b) in unclassified form. The Sec- complete the development and implementa- (9) the Permanent Select Committee on In- retary may submit a portion of the threat tion of the System by not later than Sep- telligence of the House of Representatives; analysis in classified form if the Secretary tember 30, 2019. (10) the Committee on the Judiciary of the determines that such form is appropriate for (e) BRIEFING.—Beginning on December 1, House of Representatives; that portion. (11) the Committee on Foreign Affairs of 2016, and on a quarterly basis thereafter the House of Representatives; and Mr. CARPER submitted an until the completion date of implementation SA 4368. of the System under subsection (d), the Sec- (12) the Committee on Appropriations of amendment intended to be proposed by the House of Representatives. retary shall provide a briefing to the appro- him to the bill S. 2943, to authorize ap- priate committees of Congress on the SEC. 6404. NORTHERN BORDER THREAT ANAL- propriations for fiscal year 2017 for progress of the Secretary in developing and YSIS. military activities of the Department implementing the System. (a) DEFINITIONS.—In this section: of Defense, for military construction, (f) REVIEW OF APPLICABLE LAWS.—The Sec- (1) APPROPRIATE CONGRESSIONAL COMMIT- and for defense activities of the De- TEES.—The term ‘‘appropriate congressional retary shall review laws, regulations, and ex- committees’’ means— partment of Energy, to prescribe mili- ecutive orders relating to the maintenance (A) the Committee on Homeland Security tary personnel strengths for such fiscal of personnel security clearance information and Governmental Affairs of the Senate; year, and for other purposes; which was by the Federal Government. Not later than (B) the Committee on Appropriations of ordered to lie on the table; as follows: 90 days after the date of the enactment of the Senate; Strike section 973 and insert the following: this Act, the Secretary shall provide to the appropriate committees of Congress a brief- (C) the Committee on the Judiciary of the SEC. 973. MODERNIZATION OF SECURITY CLEAR- Senate; ANCE INFORMATION TECHNOLOGY ing that includes— (D) the Committee on Homeland Security ARCHITECTURE. (1) the results of the review; and of the House of Representatives; (a) IN GENERAL.—The Secretary of Defense, (2) recommendations, if any, for consoli- (E) the Committee on Appropriations of in consultation with the Director of National dating and clarifying laws, regulations, and the House of Representatives; and Intelligence and the Director of the Office of executive orders relating to the maintenance (F) the Committee on the Judiciary of the Personnel Management, shall develop and of personnel security clearance information House of Representatives. implement an information technology sys- by the Federal Government. (2) NORTHERN BORDER.—The term ‘‘North- tem (in this section referred to as the ‘‘Sys- (g) APPROPRIATE COMMITTEES OF CONGRESS ern Border’’ means the land and maritime tem’’) to— DEFINED.—In this section, the term ‘‘appro- borders between the United States and Can- (1) modernize and sustain the security priate committees of Congress’’ means— ada. clearance information architecture of the (1) the Committee on Armed Services, the (b) IN GENERAL.—Not later than 180 days National Background Investigations Bureau Committee on Homeland Security and Gov- after the date of enactment of this Act, the and the Department of Defense; ernmental Affairs, the Committee on Appro- Secretary shall submit to the appropriate (2) support decision-making processes for priations of the Senate, and the Select Com- congressional committees a Northern Border the evaluation and granting of personnel se- mittee on Intelligence of the Senate; and threat analysis that includes— curity clearances; (2) the Committee on Armed Services, the (1) current and potential terrorism and (3) improve cyber security capabilities Committee on Oversight and Government with respect to sensitive security clearance criminal threats posed by individuals and or- Reform, the Committee on Appropriations data and processes; ganized groups seeking— and the Permanent Select Committee on In- (4) reduce the complexity and cost of the (A) to enter the United States through the telligence of the House of Representatives. security clearance process; Northern Border; or (5) provide information to managers on the (B) to exploit border vulnerabilities on the financial and administrative costs of the se- Northern Border; SA 4369. Mr. DURBIN (for himself, curity clearance process; (2) improvements needed at and between Mr. COCHRAN, Mr. REID, Mr. BLUNT, Ms. (6) strengthen the ties between counter- ports of entry along the Northern Border— MIKULSKI, Ms. MURKOWSKI, Mrs. FEIN- intelligence and personnel security commu- (A) to prevent terrorists and instruments nities; and STEIN, Ms. COLLINS, Mrs. MURRAY, Mr. of terrorism from entering the United (7) improve system standardization in the CASEY, and Mr. SHELBY) submitted an States; and security clearance process. amendment intended to be proposed by (B) to reduce criminal activity, as meas- (b) GUIDANCE REQUIRED.—Not later than 180 him to the bill S. 2943, to authorize ap- ured by the total flow of illegal goods, illicit days after the date of the enactment of this propriations for fiscal year 2017 for drugs, and smuggled and trafficked persons Act, the Secretary, in consultation with the moved in either direction across to the military activities of the Department Director of National Intelligence and the Di- of Defense, for military construction, Northern Border; rector of the Office of Personnel Manage- (3) gaps in law, policy, cooperation between ment, shall issue guidance establishing the and for defense activities of the De- State, tribal, and local law enforcement, respective roles, responsibilities, and obliga- partment of Energy, to prescribe mili- international agreements, or tribal agree- tions of the Secretary and Directors with re- tary personnel strengths for such fiscal ments that hinder effective and efficient bor- spect to the development and implementa- year, and for other purposes; which was der security, counter-terrorism, anti-human tion of the System. ordered to lie on the table; as follows: smuggling and trafficking efforts, and the (c) ELEMENTS OF SYSTEM.—In developing flow of legitimate trade along the Northern the System under subsection (a), the Sec- At the end of subtitle C of title VII, add Border; and retary shall— the following:

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DEFENSE. ‘‘(iii) Rotary wing manned aircraft. regulations for purposes of this section shall (a) MEDICAL RESEARCH AND DEVELOPMENT ‘‘(iv) Unmanned aerial vehicles. provide that a law enforcement agency in PROJECTS.—Section 756, relating to a prohi- ‘‘(v) Wheeled armored vehicles. possession of a controlled defense item that bition on funding and conduct of certain ‘‘(vi) Wheeled tactical vehicles. is no longer eligible for treatment as an eli- medical research and development projects ‘‘(vii) Specialized firearms and ammuni- gible defense item pursuant to paragraph by the Department of Defense, shall have no tion under .50-caliber. (2)(D) shall not be required to return such force or effect. ‘‘(viii) Explosives and pyrotechnics, includ- item to the Department pursuant to Execu- (b) RESEARCH, DEVELOPMENT, TEST, AND ing explosive breaching tools. tive Order 13688. EVALUATION EFFORTS AND PROCUREMENT AC- ‘‘(ix) Breaching apparatus. ‘‘(C) CONSTRUCTION.—Nothing in this sec- TIVITIES RELATED TO MEDICAL RESEARCH.— ‘‘(x) Riot batons. tion shall be construed to require a law en- Section 898, relating to a limitation on au- ‘‘(C) INTERPRETATION OF THIS SECTION.— forcement agency, pursuant to Executive thority of the Secretary of Defense to enter Subparagraph (B) shall supersede the equip- Order 13688, to return to the Department into contracts, grants, or cooperative agree- ment lists issued pursuant to Executive equipment obtained from the Federal Gov- ments for congressional special interest Order 13688. ernment, or obtained using Federal funds, if medical research programs under the con- ‘‘(D) LIST OF CONTROLLED DEFENSE ITEMS such equipment was obtained by the agency gressionally directed medical research pro- TREATABLE AS ELIGIBLE DEFENSE ITEMS.—The in a manner consistent with all applicable gram of the Department of Defense, shall Secretary of Defense shall, acting through laws and regulations. have no force or effect. the Director of the Defense Logistics Agency ‘‘(D) TRANSFER OF OWNERSHIP.—Nothing in and in consultation with the Working Group this section shall be construed as a transfer SA 4370. Mr. KIRK submitted an established by Executive Order 13688, main- of ownership of any equipment obtained from amendment intended to be proposed by tain, and periodically update, a list of con- the Federal Government pursuant to this him to the bill S. 2943, to authorize ap- trolled defense items that are currently ap- section. propriations for fiscal year 2017 for propriate for treatment as eligible defense ‘‘(h) PROHIBITION ON REQUIREMENT FOR military activities of the Department items for purposes of this section. The list TIMELY USE OF TRANSFERRED ITEMS.—The regulations for purposes of this section may of Defense, for military construction, shall be established and maintained in ac- cordance with the regulations for purposes of not require the use of an eligible defense and for defense activities of the De- this section under subsection (g). item transferred under this section within partment of Energy, to prescribe mili- ‘‘(2) CONTROLLED DEFENSE ITEMS NOT ELIGI- one year of the receipt of the item by the tary personnel strengths for such fiscal BLE FOR TREATMENT.— State or local law enforcement agency con- year, and for other purposes; which was ‘‘(A) IN GENERAL.—A controlled defense cerned. ordered to lie on the table; as follows: item may not be treated as an eligible de- ‘‘(i) NOTICE ON REQUESTS FOR TRANSFERS TO After section 1026, insert the following: fense item for purposes of this section if— STATE AND LOCAL OFFICIALS.— ‘‘(1) IN GENERAL.—Except as provided in SEC. 1026A. ADDITIONAL COUNTRIES UNDER ‘‘(i) the item is made exclusively for the PROHIBITION ON USE OF FUNDS TO military; and paragraph (2), a State or local law enforce- TRANSFER OR RELEASE TO CERTAIN ‘‘(ii) the item, or a substantially similar ment agency may not request transfer of an COUNTRIES INDIVIDUALS DETAINED item, cannot be purchased by State or local eligible defense item under this section, in- AT UNITED STATES NAVAL STATION, law enforcement agencies in the private sec- cluding pursuant to interagency transfer GUANTANAMO BAY, CUBA. tor even after the item is demilitarized. under subsection (t), unless the law enforce- Section 1033 of the National Defense Au- ‘‘(B) INITIAL PROHIBITED ITEMS.—Unless and ment agency has provided notice of the re- thorization Act for Fiscal Year 2016 (Public until determined otherwise by the Secretary quest to the head and legislative body of the Law 114–92; 129 Stat. 968), as amended by sec- for purposes of this section, the controlled State or political subdivision of a State of tion 1026 of this Act, is further amended by defense items that may not be treated as eli- which the law enforcement agency is an adding at the end the following new para- gible defense items for purposes of this sec- agency. graphs: tion are the following: ‘‘(2) EXCEPTION.— ‘‘(5) Iran. ‘‘(i) Tracked armored vehicles. ‘‘(A) ITEMS FOR UNDERCOVER OPERATIONS.— ‘‘(6) Sudan.’’. ‘‘(ii) Weaponized aircraft, vessels, and vehi- A State or local law enforcement agency re- cles of any kind. questing transfer of an eligible defense item SA 4371. Mrs. MCCASKILL submitted ‘‘(iii) Firearms of .50-caliber or higher. is not required to comply with paragraph (1) an amendment intended to be proposed ‘‘(iv) Ammunition of .50-caliber or higher. if the item requested is for an active under- by her to the bill S. 2943, to authorize ‘‘(v) Grenades, flash bang grenades, gre- cover operation. appropriations for fiscal year 2017 for nade launchers, and grenade launcher at- ‘‘(B) ALTERNATIVE NOTICE REQUIREMENT.—A military activities of the Department tachments. State or local law enforcement agency re- of Defense, for military construction, ‘‘(vi) Bayonets. ceiving an item under this section pursuant and for defense activities of the De- ‘‘(vii) Mine Resistant Ambush Protected to a request covered by subparagraph (A) (MRAP) vehicles. shall notify the head and legislative body of partment of Energy, to prescribe mili- ‘‘(viii) Tasers developed primarily for use the State or political subdivision of a State tary personnel strengths for such fiscal by the military. of which the law enforcement agency is an year, and for other purposes; which was ‘‘(C) INTERPRETATION OF THIS SECTION.— agency of the request not later than 10 busi- ordered to lie on the table; as follows: Subparagraph (B) shall supersede the equip- ness days after operation concerned becomes Strike section 1053(a) and insert the fol- ment lists issued pursuant to Executive an open record. lowing: Order 13688. ‘‘(j) TRAINING REQUIREMENTS.— (a) Section 2576a of title 10, United States ‘‘(D) LIST OF CONTROLLED ITEMS NOT TREAT- ‘‘(1) MINIMUM TRAINING REQUIREMENTS FOR Code, is amended by adding at the end the ABLE AS ELIGIBLE DEFENSE ITEMS.—The Sec- LAW ENFORCEMENT OFFICERS.— following new subsections: retary shall, acting through the Director of ‘‘(A) IN GENERAL.—On and after the date ‘‘(g) DETERMINATION OF ELIGIBLE DEFENSE the Defense Logistics Agency and in con- that is three years after the date of the en- ITEMS.— sultation with the Working Group estab- actment of the National Defense Authoriza- ‘‘(1) CONTROLLED DEFENSE ITEMS ELIGIBLE lished pursuant to Executive Order 13688, tion Act for Fiscal Year 2017, eligible defense FOR TREATMENT.— maintain, and periodically update, a list of items may not be transferred to a State or ‘‘(A) IN GENERAL.—Subject to the provi- controlled defense items that are currently local law enforcement agency of a State sions of this paragraph, the controlled de- prohibited from treatment as eligible defense under this section unless the Governor of the fense items that may be treated as eligible items for purposes of this section. State (or the designee of the Governor) cer- defense items for purposes of this section ‘‘(3) RETURN OF ITEMS NOT TREATED AS ELI- tifies to the Director of the Defense Logis- shall include items that— GIBLE DEFENSE ITEMS NOT IMMEDIATELY RE- tics Agency that the State has in place min- ‘‘(i) can be readily put to civilian use by QUIRED.— imum training requirements for all sworn State and local law enforcement agencies; ‘‘(A) RETURN OF INITIAL PROHIBITED ITEMS law enforcement officers in the State, in- and NOT GENERALLY REQUIRED.—The regulations cluding— ‘‘(ii) are suitable for transfer to State and for purposes of this section shall provide ‘‘(i) a requirement that anyone that has local law enforcement agencies pursuant to that a law enforcement agency in possession decision-making authority on the deploy- this section. on the date of the enactment of the National ment of a SWAT team attends the National ‘‘(B) INITIAL ELIGIBLE DEFENSE ITEMS.—The Defense Authorization Act for Fiscal Year Tactical Officers Association unit com- controlled defense items to be treated as eli- 2017 of a controlled defense item that is not manders course or an equivalent within 1 gible defense items for purposes of this sec- eligible for treatment as an eligible defense year of commencing the exercise of such au- tion as of the date of the enactment of the item pursuant to paragraph (2)(B) shall not thority;

VerDate Sep 11 2014 05:19 May 27, 2016 Jkt 059060 PO 00000 Frm 00144 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.070 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3375 ‘‘(ii) specialized leadership training re- ‘‘(5) The term ‘fixed wing manned aircraft’ The PRESIDING OFFICER. Without quirements for unit commanders who have— means a powered aircraft with a crew objection, it is so ordered. ‘‘(I) decision-making authority on the de- aboard, such as airplanes, that uses a fixed COMMITTEE ON HOMELAND SECURITY AND ployment of SWAT teams and tactical mili- wing for lift. GOVERNMENTAL AFFAIRS tary vehicles; or ‘‘(6) The term ‘grenade launcher’ means a ‘‘(II) responsibility for drafting policies on firearm or firearm accessory designed to Mr. RUBIO. Mr. President, I ask the use of force and SWAT team deployment; launch small explosive projectiles. unanimous consent that the Com- ‘‘(iii) annual specialized SWAT team train- ‘‘(7) The term ‘riot baton’ means a non-ex- mittee on Homeland Security and Gov- ing requirements for all SWAT team mem- pandable baton of greater length than serv- ernmental Affairs be authorized to bers, including in law enforcement tactics ice-issued types that are intended to protect meet during the session of the Senate used in tactical operations; its wielder during melees by providing dis- on May 26, 2016, at 10 a.m., to conduct tance from assailants. The term does not in- ‘‘(iv) annual training requirements for all a hearing entitled ‘‘Protecting Amer- law enforcement officers that are members clude a service-issued telescopic or fixed of specialized tactical units other than length straight baton. ica from the Threat of ISIS.’’ SWAT teams (including high-risk warrant ‘‘(8) The term ‘specialized firearm and am- The PRESIDING OFFICER. Without service teams, hostage rescue teams, and munition under .50-caliber’ means a weapon objection, it is so ordered. drug enforcement task forces); and corresponding ammunition for special- COMMITTEE ON THE JUDICIARY ‘‘(v) annual training on the general polic- ized operations or assignments. The term does not include service-issued handguns, ri- Mr. RUBIO. Mr. President, I ask ing standards of the law enforcement agency unanimous consent that the Com- on equipment such as eligible defense items; fles, or shotguns that are issued or approved ‘‘(vi) annual training on sensitivity, in- by an agency to be used during the course of mittee on the Judiciary be authorized cluding training on ethnic and racial bias, regularly assigned duties. to meet during the session of the Sen- cultural diversity, and police interaction ‘‘(9) The term ‘State Coordinator’ means ate on May 26, 2016, at 10 a.m., in room with the disabled, mentally ill, and new im- an individual appointed by the Governor of a SD–226 of the Dirksen Senate Office migrants; State— Building. ‘‘(vii) annual training in crowd control tac- ‘‘(A) to manage requests of State and local The PRESIDING OFFICER. Without law enforcement agencies of the State for el- tics for any officers that may be called upon objection, it is so ordered. to participate in crowd control efforts; and igible defense items; and ‘‘(viii) such other training as recommended ‘‘(B) to ensure the appropriate use of eligi- COMMITTEE ON SMALL BUSINESS AND by the evaluation conducted pursuant to sec- ble defense items transferred under this sec- ENTREPRENEURSHIP tion 1051(d) of the National Defense Author- tion by such law enforcement agencies. Mr. RUBIO. Mr. President, I ask ization Act for Fiscal Year 2016. ‘‘(10) The term ‘State or local law enforce- unanimous consent that the Com- ‘‘(B) SATISFACTION BY RECENT HIREES.—The ment agency’ means a State or local agency mittee on Small Business and Entre- requirements under subparagraph (A) shall or entity with law enforcement officers that preneurship be authorized to meet dur- provide for the first completion of the train- have arrest and apprehension authority and whose primary function is to enforce the ing the session of the Senate on May ing concerned by an individual who becomes 26, 2016, at 10 a.m., in room SR–428A of an officer in a law enforcement agency by laws. The term includes a local educational not later than one year after the date on agency with such officers. The term does not the Russell Senate Office Building to which the individual becomes an officer in include a firefighting agency or entity. conduct a hearing entitled ‘‘Oversight the law enforcement agency. ‘‘(11) The term ‘SWAT team’ means a Spe- of the SBA’s 7(a) Loan Guarantee Pro- ‘‘(C) RECORD-KEEPING.—Each law enforce- cial Weapons and Tactics team or other spe- gram.’’ ment agency to which eligible defense items cialized tactical team composed of State or The PRESIDING OFFICER. Without are transferred pursuant to this section shall local sworn law enforcement officers. objection, it is so ordered. retain training records of each office author- ‘‘(12) The term ‘tactical military vehicle’ SELECT COMMITTEE ON INTELLIGENCE ized to use such items, either in the per- means an armored vehicle having military sonnel file of the officer or by the training characteristics resulting from military re- Mr. RUBIO. Mr. President, I ask division or equivalent entity of the agency, search and development processes that is de- unanimous consent that the Select for not less than three years after the date signed primarily for use by forces in the field Committee on Intelligence be author- on which the training occurs, and shall pro- in direct connection with, or support of, ized to meet during the session of the vide a copy of such records to the Director of combat or tactical operations. Senate on May 26, 2016, at 2 p.m., in the Defense Logistics Agency upon request. ‘‘(13) The term ‘tracked armored vehicle’ means a vehicle that provides ballistic pro- room SH–219 of the Hart Senate Office ‘‘(2) INTERPRETATION OF THIS SECTION.—The Building. training requirements in paragraph (1)(A) tection to their occupants and utilize a shall, for the purpose of obtaining equipment tracked system instead of wheels for forward The PRESIDING OFFICER. Without under this section, supersede and override motion. objection, it is so ordered. the training requirements issued pursuant to ‘‘(14) The term ‘unmanned aerial vehicle’ SUBCOMMITTEE ON WESTERN HEMISPHERE, Executive Order 13688. means a remotely piloted, powered aircraft TRANSNATIONAL CRIME, CIVILIAN SECURITY, without a crew aboard. ‘‘(k) CONSTRUCTION WITH OTHER DLA AU- DEMOCRACY, HUMAN RIGHTS, AND GLOBAL ‘‘(15) The term ‘wheeled armored vehicle’ THORITY.—Nothing in this section shall be WOMEN’S ISSUES construed to override, alter, or supersede the means any wheeled vehicle either purpose- Mr. RUBIO. Mr. President, I ask built or modified to provide ballistic protec- authority of the Director of the Defense Lo- unanimous consent that the Com- gistics Agency to dispose of property of the tion to its occupants, such as an Armored Personnel Carrier. mittee on Foreign Relations Sub- Department of Defense that is not an eligible committee on Western Hemisphere, defense item to law enforcement agencies ‘‘(16) The term ‘wheeled tactical vehicle’ under another other provision of law. means a vehicle purpose-built to operate Transnational Crime, Civilian Secu- onroad and offroad in support of military op- ‘‘(l) DEFINITIONS.—In this section: rity, Democracy, Human Rights, and erations, such as a HMMWV (‘Humvee’), ‘‘(1) The term ‘bayonet’ means a large Global Women’s Issues be authorized to 2.5ton truck, 5ton truck, or a vehicle with a knife designed to be attached to the muzzle meet during the session of the Senate breaching or entry apparatus attached.’’. of a rifle, shotgun, or long gun for the pur- on May 26, 2016, at 9 a.m., to conduct a poses of hand-to-hand combat. f hearing entitled ‘‘Cartels and the U.S. ‘‘(2) The term ‘breaching apparatus’ means AUTHORITY FOR COMMITTEES TO Heroin Epidemic: Combating Drug Vio- a tool designed to provide law enforcement MEET lence and Public Health Crisis.’’ rapid entry into a building or through a se- The PRESIDING OFFICER. Without cured doorway, including battering rams or COMMITTEE ON AGRICULTURE, NUTRITION, AND similar entry devices, ballistic devices, and FORESTRY objection, it is so ordered. explosive devices. Mr. RUBIO. Mr. President, I ask f ‘‘(3) The term ‘controlled defense item’ unanimous consent that the Com- PRIVILEGES OF THE FLOOR means property of the Department of De- mittee on Agriculture, Nutrition, and fense that is subject to the restrictions of Forestry be authorized to meet during Mr. WICKER. Mr. President, I ask the United States Munitions List (22 Code of the session of the Senate on May 26, unanimous consent that CDR Andrew Federal Regulations Part 121) or the Com- 2016, at 10 a.m., in room SH–216 of the Cook, a defense legislative fellow in my merce Control List (15 Code of Federal Regu- office, be granted privileges of the floor lations Part 774). Hart Senate Office Building, to conduct ‘‘(4) The term ‘eligible defense item’ means a hearing entitled ‘‘A Review of the during the remainder of this session of a controlled defense item that is eligible for U.S. Livestock and Poultry Sectors: Congress. transfer to a law enforcement agency pursu- Marketplace Opportunities and Chal- The PRESIDING OFFICER. Without ant to this section. lenges.’’ objection, it is so ordered.

VerDate Sep 11 2014 05:19 May 27, 2016 Jkt 059060 PO 00000 Frm 00145 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.070 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3376 CONGRESSIONAL RECORD — SENATE May 26, 2016 Ms. MURKOWSKI. Mr. President, I To be brigadier general Reserve of the Air Force to the grade indi- ask unanimous consent that Noam Col. Scott F. Benedict cated under title 10, U.S.C., sections 12203 Levinson and Andrea Witte, be granted Col. Jason Q. Bohm and 12212: floor privileges through July 15. Col. Brian W. Cavanaugh To be brigadier general The PRESIDING OFFICER. Without Col. Daniel B. Conley Col. Sidney N. Martin Col. Francis L. Donovan IN THE NAVY objection, it is so ordered. Col. Ryan P. Heritage Mr. CARPER. Mr. President, I ask Col. Christopher A. McPhillips The following named officer for appoint- unanimous consent that the following Col. William H. Seely, III ment as Vice Chief of Naval Operations and people, Marian Gibson, Debra Prescott, Col. Robert B. Sofge, Jr. appointment in the United States Navy to Eric Hanson, and Tim McCrosson, Col. Matthew G. Trollinger the grade indicated while assigned to a posi- tion of importance and responsibility under IN THE ARMY detailees to the Homeland Security and title 10, U.S.C., sections 601 and 5035: Governmental Affairs Committee, be The following Army National Guard of the To be admiral granted privileges of the floor for the United States officer for appointment in the remainder of the second session of the Reserve of the Army to the grade indicated Vice Adm. William F. Moran 114th Congress. under title 10, U.S.C., sections 12203 and The following named officer for appoint- 12211: ment as Chief of Naval Personnel and ap- The PRESIDING OFFICER. Without To be major general pointment in the United States Navy to the objection, it is so ordered. Brig. Gen. Linda L. Singh grade indicated while assigned to a position of importance and responsibility under title f IN THE NAVY 10, U.S.C., sections 601 and 5141: APPOINTMENT The following named officer for appoint- ment in the United States Navy Reserve to To be vice admiral The PRESIDING OFFICER. The the grade indicated under title 10, U.S.C., Rear Adm. (lh) Robert P. Burke Chair, on behalf of the President pro section 12203: The following named officer for appoint- tempore, pursuant to Public Law 94– To be rear admiral (lower half) ment in the United States Navy to the grade 201, as amended by Public Law 105–275, Capt. Jon C. Kreitz indicated while assigned to a position of im- portance and responsibility under title 10, appoints the following individual as a IN THE AIR FORCE U.S.C., section 601: member of the Board of Trustees of the The following named officer for appoint- American Folklife Center of the Li- ment as Chief of the Air Force Reserve and To be vice admiral brary of Congress: John Patrick Rice of appointment to the grade of lieutenant gen- Rear Adm. Thomas J. Moore Nevada. eral in the Reserve of the Air Force while as- The following named officer for appoint- signed to a position of importance and re- ment in the United States Navy to the grade f sponsibility under title 10, U.S.C., sections indicated while assigned to a position of im- 601 and 8038: SEQUENTIAL REFERRAL—PN1385 portance and responsibility under title 10, To be lieutenant general U.S.C., section 601: Mr. MCCONNELL. Mr. President, as Maj. Gen. Maryanne Miller To be vice admiral in executive session, I ask unanimous The following named officer for appoint- Vice Adm. Jan E. Tighe consent that upon the reporting out of ment in the United States Air Force to the IN THE ARMY or discharge of PN1385—which has been grade indicated while assigned to a position referred to the Committee on Com- of importance and responsibility under title The following named officers for appoint- merce, Science, and Transportation— 10, U.S.C., section 601: ment in the United States Army to the grade indicated under title 10, U.S.C., section 624: the nomination then be referred to the To be lieutenant general Committee on Armed Services for a pe- Maj. Gen. Kenneth S. Wilsbach To be major general riod not to exceed 45 calendar days, The following named officer for appoint- Brig. Gen. David G. Bassett after which the nomination, if still in ment in the United States Air Force to the Brig. Gen. Willard M. Burleson, III Brig. Gen. Christopher G. Cavoli committee, be discharged and placed grade indicated while assigned to a position of importance and responsibility under title Brig. Gen. David C. Coburn on the Executive Calendar. 10, U.S.C., section 601: Brig. Gen. Stephen E. Farmen The PRESIDING OFFICER. Without To be lieutenant general Brig. Gen. Bryan P. Fenton objection, it is so ordered. Brig. Gen. Malcolm B. Frost Lt. Gen. Charles Q. Brown, Jr. Brig. Gen. Patricia A. Frost f IN THE ARMY Brig. Gen. Douglas M. Gabram EXECUTIVE SESSION The following named officer for appoint- Brig. Gen. Peter A. Gallagher ment in the United States Army to the grade Brig. Gen. John A. George indicated while assigned to a position of im- Brig. Gen. Randy A. George portance and responsibility under title 10, Brig. Gen. Michael L. Howard EXECUTIVE CALENDAR U.S.C., section 601: Brig. Gen. Sean M. Jenkins Mr. MCCONNELL. Mr. President, I To be lieutenant general Brig. Gen. John P. Johnson ask unanimous consent that the Sen- Maj. Gen. Darryl A. Williams Brig. Gen. Richard G. Kaiser ate proceed to executive session for the The following named officer for appoint- Brig. Gen. John S. Kern consideration of Calendar Nos. 574 ment in the United States Army to the grade Brig. Gen. Robert L. Marion indicated while assigned to a position of im- Brig. Gen. Timothy P. McGuire through 590 and all nominations on the Brig. Gen. Dennis S. McKean Secretary’s desk; that the nominations portance and responsibility under title 10, U.S.C., section 601: Brig. Gen. Terrence J. McKenrick be confirmed en bloc, and the motions To be lieutenant general Brig. Gen. Christopher P. McPadden to reconsider be considered made and Brig. Gen. Daniel G. Mitchell laid upon the table with no intervening Maj. Gen. Michael D. Lundy Brig. Gen. Frank M. Muth action or debate; that no further mo- The following named officer for appoint- Brig. Gen. Erik C. Peterson tions be in order; that any statements ment in the United States Army to the grade Brig. Gen. Leopoldo A. Quintas, Jr. indicated while assigned to a position of im- related to the nominations be printed Brig. Gen. Kurt J. Ryan portance and responsibility under title 10, Brig. Gen. Mark C. Schwartz in the RECORD; that the President be U.S.C., section 601: Brig. Gen. Wilson A. Shoffner, Jr. immediately notified of the Senate’s To be lieutenant general Brig. Gen. Kurt L. Sonntag action, and the Senate then resume Maj. Gen. Jeffrey S. Buchanan Brig. Gen. Scott A. Spellmon legislative session. The following named officer for appoint- Brig. Gen. Randy S. Taylor The PRESIDING OFFICER. Without ment as the Dean of the Academic Board, Brig. Gen. Eric J. Wesley objection, it is so ordered. United States Military Academy, and for ap- IN THE NAVY The nominations considered and con- pointment to the grade indicated under title The following named officer for appoint- firmed en bloc are as follows: 10, U.S.C., section 4335: ment in the United States Navy to the grade IN THE MARINE CORPS To be brigadier general indicated while assigned to a position of im- portance and responsibility under title 10, The following named officers for appoint- Col. Cindy R. Jebb U.S.C., section 601: ment in the United States Marine Corps to IN THE AIR FORCE the grade indicated under title 10, U.S.C., The following Air National Guard of the To be admiral section 624: United States officer for appointment in the Adm. Michelle J. Howard

VerDate Sep 11 2014 03:02 Jun 07, 2016 Jkt 049060 PO 00000 Frm 00146 Fmt 4624 Sfmt 0634 E:\RECORD16\S26MY6.REC S26MY6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3377

NOMINATIONS PLACED ON THE SECRETARY’S PN1434 ARMY nominations (53) beginning appeared in the Congressional Record of DESK JENNIFER L. ADAMSBUCKHOUSE, and March 3, 2016. ending MELVIN W. ZIMMER, JR., which PN1278 NAVY nomination of Darren J. IN THE AIR FORCE nominations were received by the Senate and Donley, which was received by the Senate PN1431 AIR FORCE nomination of Chris- appeared in the Congressional Record of May and appeared in the Congressional Record of topher R. McNulty, which was received by 11, 2016. March 17, 2016. the Senate and appeared in the Congres- PN1435 ARMY nominations (184) beginning PN1310 NAVY nomination of Marc D. sional Record of May 11, 2016. JEFFREY A. ABELE, and ending JAMES M. Boran, which was received by the Senate and PN1467 AIR FORCE nominations (45) begin- ZIEBA, which nominations were received by appeared in the Congressional Record of ning ZACHARY P. AUGUSTINE, and ending the Senate and appeared in the Congres- April 5, 2016. BRIAN A. YOUNG, which nominations were sional Record of May 11, 2016. PN1311 NAVY nomination of Scott P. received by the Senate and appeared in the PN1436 ARMY nomination of Kathryn A. Smith, which was received by the Senate and Katz, which was received by the Senate and Congressional Record of May 18, 2016. appeared in the Congressional Record of PN1468 AIR FORCE nominations (14) begin- appeared in the Congressional Record of May April 5, 2016. ning WILLIAM J. FECKE, and ending 11, 2016. PN1417 NAVY nominations (38) beginning JANET K. URBANSKI, which nominations PN1437 ARMY nomination of Bryan P. JOSEPH F. ABRUTZ, III, and ending MI- were received by the Senate and appeared in Hendren, which was received by the Senate CHAEL P. WOLCHKO, which nominations the Congressional Record of May 18, 2016. and appeared in the Congressional Record of were received by the Senate and appeared in PN1471 AIR FORCE nominations (61) begin- May 11, 2016. the Congressional Record of April 28, 2016. ning MICHAEL CHRISTOPHER AHL, and PN1438 ARMY nomination of Weston C. PN1418 NAVY nomination of David H. ending LISA MARIE WOTKOWICZ, which Goring, which was received by the Senate McAlister, which was received by the Senate nominations were received by the Senate and and appeared in the Congressional Record of and appeared in the Congressional Record of appeared in the Congressional Record of May May 11, 2016. PN1439 ARMY nomination of Srilalitha April 28, 2016. 18, 2016. PN1449 NAVY nomination of Devin D. PN1472 AIR FORCE nominations (41) begin- Donepudi, which was received by the Senate Burns, which was received by the Senate and ning TIMOTHY JAMES ANDERSON, and and appeared in the Congressional Record of appeared in the Congressional Record of May ending JUSTIN L. WOLTHUIZEN, which May 11, 2016. PN1474 ARMY nomination of Daniel P. 11, 2016. nominations were received by the Senate and Fisher, which was received by the Senate appeared in the Congressional Record of May f and appeared in the Congressional Record of 18, 2016. May 18, 2016. LEGISLATIVE SESSION PN1473 AIR FORCE nominations (99) begin- PN1475 ARMY nomination of Darin J. ning VICTORIA D. ABLES, and ending MAT- Blatt, which was received by the Senate and The PRESIDING OFFICER. The Sen- THEW G. ZINN, which nominations were re- appeared in the Congressional Record of May ate will now resume legislative session. ceived by the Senate and appeared in the 18, 2016. f Congressional Record of May 18, 2016. PN1476 ARMY nomination of Zoltan L. IN THE ARMY Krompecher, which was received by the Sen- THE CALENDAR PN1273 ARMY nomination of Fany L. Ri- ate and appeared in the Congressional Mr. MCCONNELL. Mr. President, I vera, which was received by the Senate and Record of May 18, 2016. PN1477 ARMY nomination of John D. ask unanimous consent that the Sen- appeared in the Congressional Record of ate proceed to the immediate consider- March 17, 2016. Wingeart, which was received by the Senate PN1298 ARMY nomination of Todd E. and appeared in the Congressional Record of ation of Calendar Nos. 486 through 498 Schroeder, which was received by the Senate May 18, 2016. en bloc. and appeared in the Congressional Record of PN1478 ARMY nomination of Janelle V. There being no objection, the Senate April 5, 2016. Kutter, which was received by the Senate proceeded to consider the bills en bloc. and appeared in the Congressional Record of PN1345 ARMY nomination of Monica J. Mr. MCCONNELL. I ask unanimous Milton, which was received by the Senate May 18, 2016. PN1479 ARMY nomination of Kevin T. consent that the bills be read a third and appeared in the Congressional Record of Reeves, which was received by the Senate time and passed, and the motions to re- April 14, 2016. and appeared in the Congressional Record of consider be considered made and laid PN1410 ARMY nominations (284) beginning May 18, 2016. MICHELLE M. AGPALZA, and ending upon the table, all en bloc. PN1481 ARMY nomination of Ankita B. D012971, which nominations were received by The PRESIDING OFFICER. Without Patel, which was received by the Senate and objection, it is so ordered. the Senate and appeared in the Congres- appeared in the Congressional Record of May sional Record of April 28, 2016. 18, 2016. f PN1411 ARMY nominations (327) beginning PN1485 ARMY nomination of Marshall H. BARRY G. MILLER POST OFFICE JACOB I. ABRAMI, and ending G010400, Smith, which was received by the Senate and which nominations were received by the Sen- appeared in the Congressional Record of May The bill (S. 2465) to designate the fa- ate and appeared in the Congressional 18, 2016. cility of the United States Postal Serv- Record of April 28, 2016. IN THE FOREIGN SERVICE PN1412 ARMY nominations (455) beginning ice located at 15 Rochester Street in RICHARD R. AARON, and ending D012923, PN1370 FOREIGN SERVICE nominations Bergen, New York, as the Barry G. Mil- which nominations were received by the Sen- (6) beginning Mariano J. Beillard, and ending ler Post Office, was ordered to be en- ate and appeared in the Congressional William G. Verzani, which nominations were grossed for a third reading, was read Record of April 28, 2016. received by the Senate and appeared in the the third time, and passed, as follows: PN1413 ARMY nomination of Carl J. Congressional Record of April 14, 2016. S. 2465 Wojtaszek, which was received by the Senate IN THE MARINE CORPS and appeared in the Congressional Record of PN1123 MARINE CORPS nomination of Be it enacted by the Senate and House of Rep- April 28, 2016. David M. Sousa, which was received by the resentatives of the United States of America in PN1414 ARMY nomination of G010339, Senate and appeared in the Congressional Congress assembled, which was received by the Senate and ap- Record of January 28, 2016. SECTION 1. BARRY G. MILLER POST OFFICE. peared in the Congressional Record of April PN1136 MARINE CORPS nominations (46) (a) DESIGNATION.—The facility of the 28, 2016. beginning JEFFREY J. ABRAMAITYS, and United States Postal Service located at 15 PN1415 ARMY nomination of Michael A. ending ERICH H. WAGNER, which nomina- Rochester Street in Bergen, New York, shall Izzo, which was received by the Senate and tions were received by the Senate and ap- be known and designated as the ‘‘Barry G. appeared in the Congressional Record of peared in the Congressional Record of Janu- Miller Post Office’’. April 28, 2016. ary 28, 2016. (b) REFERENCES.—Any reference in a law, PN1416 ARMY nomination of Joshua R. PN1137 MARINE CORPS nominations (91) map, regulation, document, paper, or other Pounders, which was received by the Senate beginning RICHARD T. ANDERSON, and record of the United States to the facility re- and appeared in the Congressional Record of ending SETH E. YOST, which nominations ferred to in subsection (a) shall be deemed to April 28, 2016. were received by the Senate and appeared in be a reference to the ‘‘Barry G. Miller Post PN1432 ARMY nomination of Ernest C. the Congressional Record of January 28, 2016. Office’’. Lee, Jr., which was received by the Senate PN1146 MARINE CORPS nominations (323) f and appeared in the Congressional Record of beginning VICTOR M. ABELSON, and ending May 11, 2016. MATTHEW P. ZUMMO, which nominations KENNETH M. CHRISTY POST PN1433 ARMY nominations (132) beginning were received by the Senate and appeared in OFFICE BUILDING TERRANCE W. ADAMS, and ending CYN- the Congressional Record of February 1, 2016. THIA M. ZAPOTOCZNY, which nominations IN THE NAVY The bill (S. 2891) to designate the fa- were received by the Senate and appeared in PN1199 NAVY nomination of Jason A. cility of the United States Postal Serv- the Congressional Record of May 11, 2016. Grant, which was received by the Senate and ice located at 525 North Broadway in

VerDate Sep 11 2014 00:08 Jun 08, 2016 Jkt 049060 PO 00000 Frm 00147 Fmt 4624 Sfmt 0634 E:\RECORD16\S26MY6.REC S26MY6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3378 CONGRESSIONAL RECORD — SENATE May 26, 2016 Aurora, Illinois, as the ‘‘Kenneth M. Building,’’ was ordered to a third read- mittee on Homeland Security and Gov- Christy Post Office Building,’’ was or- ing, was read the third time, and ernmental Affairs be discharged from dered to be engrossed for a third read- passed. further consideration of H.R. 433 and ing, was read the third time, and f the Senate proceed to its immediate passed, as follows: consideration. S. 2891 FRANCIS MANUEL ORTEGA POST The PRESIDING OFFICER. Without OFFICE Be it enacted by the Senate and House of Rep- objection, it is so ordered. resentatives of the United States of America in The bill (H.R. 3274) to designate the The clerk will report the bill by title. Congress assembled, facility of the United States Postal The senior assistant legislative clerk SECTION 1. KENNETH M. CHRISTY POST OFFICE Service located at 4567 Rockbridge read as follows: BUILDING. Road in Pine Lake, Georgia, as the A bill (H.R. 433) to designate the facility of (a) DESIGNATION.—The facility of the ‘‘Francis Manuel Ortega Post Office,’’ the United States Postal Service located at 523 East Railroad Street in Knox, Pennsyl- United States Postal Service located at 525 was ordered to a third reading, was North Broadway in Aurora, Illinois, shall be vania, as the ‘‘Specialist Ross A. McGinnis known and designated as the ‘‘Kenneth M. read the third time, and passed. Memorial Post Office.’’ Christy Post Office Building’’. f There being no objection, the Senate (b) REFERENCES.—Any reference in a law, proceeded to consider the bill. map, regulation, document, paper, or other MELVOID J. BENSON POST OFFICE BUILDING Mr. MCCONNELL. I ask unanimous record of the United States to the facility re- consent that the bill be read a third ferred to in subsection (a) shall be deemed to The bill (H.R. 3601) to designate the time and passed, and the motion to re- be a reference to the ‘‘Kenneth M. Christy facility of the United States Postal Post Office Building’’. consider be considered made and laid Service located at 7715 Post Road, upon the table. f North Kingstown, Rhode Island, as the The PRESIDING OFFICER. Is there CAMP PENDLETON MEDAL OF ‘‘Melvoid J. Benson Post Office Build- objection? HONOR POST OFFICE ing,’’ was ordered to a third reading, Without objection, it is so ordered. was read the third time, and passed. The bill (H.R. 433) was ordered to a The bill (H.R. 136) to designate the f third reading, was read the third time, facility of the United States Postal and passed. Service located at 1103 USPS Building MAYA ANGELOU MEMORIAL POST f 1103 in Camp Pendleton, California, as OFFICE PATENTS FOR HUMANITY the ‘‘Camp Pendleton Medal of Honor The bill (H.R. 3735) to designate the PROGRAM IMPROVEMENT ACT Post Office,’’ was ordered to a third facility of the United States Postal reading, was read the third time, and Service located at 200 Town Run Lane Mr. MCCONNELL. Mr. President, I passed. in Winston Salem, North Carolina, as ask unanimous consent that the Judi- f the ‘‘Maya Angelou Memorial Post Of- ciary Committee be discharged from fice,’’ was ordered to a third reading, further consideration of S. 1402 and the W. RONALD COALE MEMORIAL was read the third time, and passed. Senate proceed to its immediate con- POST OFFICE BUILDING sideration. f The bill (H.R. 1132) to designate the The PRESIDING OFFICER. Without facility of the United States Postal FIRST LIEUTENANT SALVATORE S. objection, it is so ordered. Service located at 1048 West Robinhood CORMA II POST OFFICE BUILDING The clerk will report the bill by title. The senior assistant legislative clerk Drive in Stockton, California, as the The bill (H.R. 3866) to designate the read as follows: ‘‘W. Ronald Coale Memorial Post Office facility of the United States Postal Building,’’ was ordered to a third read- A bill (S. 1402) to allow acceleration cer- Service located at 1265 Hurffville Road tificates awarded under the Patents for Hu- ing, was read the third time, and in Deptford Township, New Jersey, as passed. manity Program to be transferable. the ‘‘First Lieutenant Salvatore S. There being no objection, the Senate f Corma II Post Office Building,’’ was or- proceeded to consider the bill. dered to a third reading, was read the Mr. LEAHY. Mr. President, today the LIONEL R. COLLINS, SR. POST third time, and passed. OFFICE BUILDING Senate is passing legislation to f strengthen an important humanitarian The bill (H.R. 2458) to designate the innovation prize created by the U.S. facility of the United States Postal SECOND LT. ELLEN AINSWORTH MEMORIAL POST OFFICE Patent and Trademark Office, PTO. Service located at 5351 Lapalco Boule- Since 2012, the Patents for Humanity vard in Marrero, Louisiana, as the The bill (H.R. 4046) to designate the Award has recognized selected patent ‘‘Lionel R. Collins, Sr. Post Office facility of the United States Postal holders who use their inventions to ad- Building,’’ was ordered to a third read- Service located at 220 East Oak Street, dress humanitarian needs. The legisla- ing, was read the third time, and Glenwood City, Wisconsin, as the Sec- tion the Senate passed today will passed. ond Lt. Ellen Ainsworth Memorial Post strengthen the award program and en- f Office, was ordered to a third reading, courage innovators to continue using was read the third time, and passed. HAROLD GEORGE BENNETT POST their work for humanitarian goals. The innovations that are recognized OFFICE f by the Patents for Humanity Award The bill (H.R. 2928) to designate the SGT. 1ST CLASS TERRYL L. program help underserved people facility of the United States Postal PASKER POST OFFICE BUILDING throughout the world. Award winners Service located at 201 B Street in Per- The bill (H.R. 4605) to designate the have worked to improve nutrition, pro- ryville, Arkansas, as the ‘‘Harold facility of the United States Postal vide clean drinking water, fix broken George Bennett Post Office,’’ was or- Service located at 615 6th Avenue SE in bones in remote hospitals that lack x- dered to a third reading, was read the Cedar Rapids, Iowa as the ‘‘Sgt. 1st ray technology, bring solar-powered third time, and passed. Class Terryl L. Pasker Post Office energy to villages that are off the f Building,’’ was ordered to a third read- power grid, and combat the problem of ing, was read the third time, and dangerous counterfeit drugs, among DARYLE HOLLOWAY POST OFFICE passed. other achievements. Winners of the BUILDING f Patents for Humanity Award dem- The bill (H.R. 3082) to designate the onstrate that our patent system does facility of the United States Postal SPECIALIST ROSS A. MCGINNIS more than drive economic gain for in- Service located at 5919 Chef Menteur MEMORIAL POST OFFICE dividual companies; it can incentivize Highway in New Orleans, Louisiana, as Mr. MCCONNELL. Mr. President, I research and discoveries that promote the ‘‘Daryle Holloway Post Office ask unanimous consent that the Com- humanitarian good.

VerDate Sep 11 2014 07:23 May 27, 2016 Jkt 059060 PO 00000 Frm 00148 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.082 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3379 Winners of the Patents for Humanity thereto, of the United States Patent and be moved from home to home, trans- Award receive a one-time certificate to Trademark Office, may transfer (including ferred from one school to the next, and accelerate a process or application at by sale) the entitlement to such acceleration endure trauma and mental health chal- the PTO, as described in the program certificate to another person. lenges. Older foster youth face difficult (b) REQUIREMENT.—An acceleration certifi- rules. For several years, small busi- cate transferred under subsection (a) shall be challenges as well. They deal with sep- nesses and global health groups have subject to any other applicable limitations aration from their parents, educational told me that the prize would be more under the notice entitled ‘‘Humanitarian instability, separation disorders, and usable, particularly for small business Awards Pilot Program’’, published at 77 Fed. depression, as well as challenge of innovators, if the acceleration certifi- Reg. 6544 (February 8, 2012), or any successor transitioning to adulthood on their cates awarded were transferable to a thereto. own. Whereas youth in foster care are third party. Award winners who are not f much more likely to face educational able to use the acceleration certificate instability with 65 percent of former RECOGNIZING NATIONAL FOSTER themselves will be able to transfer the foster children experiencing at least CARE MONTH AS AN OPPOR- certificate to another inventor, includ- seven school changes while in care. The TUNITY TO RAISE AWARENESS ing through sale, allowing the winner number of youth who age out of foster ABOUT THE CHALLENGES OF to receive a cash benefit. By making care has steadily increased for the past CHILDREN IN THE FOSTER-CARE the certificates transferable, we are in- decade as well. SYSTEM creasing the value of this humani- The resolution encourages Congress tarian innovation prize without using a Mr. MCCONNELL. Mr. President, I to implement policy that further the single taxpayer dollar. ask unanimous consent that the HELP goals of safety and permanency. The The thoughtful structure of the Pat- Committee be discharged from further resolution currently has 24 co-sponsors. ents for Humanity Award program, set consideration of and the Senate pro- Because there are so many issues forth in its founding documents in the ceed to the consideration of S. Res. 466. that affect youth in the foster care sys- Federal Register, will ensure that this The PRESIDING OFFICER. Without tem, it is important that members of program remains sustainable and does objection, it is so ordered. Congress understand the realities be- not unduly burden the PTO or other The clerk will report the resolution yond the beltway. That is why I helped patent applicants whose applications by title. form the Senate Caucus on Foster are pending before the Office. The The senior assistant legislative clerk Youth. Our caucus was created to be a award is granted to only a select num- read as follows: clearinghouse for members in the Sen- ber of patent holders per year—ap- A resolution (S. Res. 466) recognizing Na- ate to discuss policy issues that cross proximately 10 or fewer, with a further tional Foster Care Month as an opportunity many committee jurisdictions. Our 20 applications receiving honorable to raise awareness about the challenges of caucus was also created to help gen- mentions—and the PTO has provided children in the foster-care system, and en- erate better ideas and best practices. clear guidance on the types of proc- couraging Congress to implement policy to We want people to learn from both improve the lives of children in the foster- youth and experts. And we want these esses for which the certificates may be care system. used. Program judges are selected ideas to be put into practice. Today, 21 based on recognized subject matter ex- There being no objection, the Senate Senators are committed members of pertise, with clear competition cri- proceeded to consider the resolution. the Foster Youth Caucus. It is a bipar- teria, and rules in place to prevent con- Mr. GRASSLEY. Mr. President, the tisan caucus that focuses on under- flicts of interest. These practices and month of May gives us the chance to standing the challenges that foster safeguards, which are described in de- raise awareness about the challenges of youth face and finding solutions that tail in the Federal Register at 79 Fed. children in the foster care system and can improve their lives. Reg. 18670 and 77 Fed. Reg. 6544, will en- to consider ways to improve policies Because of the challenges facing sure that the program continues to op- and practices to ensure that children older youth, I held a hearing as chair- erate appropriately and well. are in safe, loving, and permanent man of the Judiciary Committee to ex- The Patents for Humanity Program homes. There are nearly 415,000 chil- amine the interplay between the foster Improvement Act is a straightforward dren living in foster care; more than care system and the juvenile justice and bipartisan bill that will strengthen 255,000 entered the foster care system system when children are involved this valuable innovation program and in 2014 alone. with both systems. The hearing focused encourage inventions to be used for hu- According to the Adoption and Fos- on what data, or lack thereof, cur- manitarian good. I thank other Sen- ter Care Analysis and Reporting Sys- rently exists about children involved in ators for supporting this bill and urge tem, AFCARS, data for fiscal year 2014, both systems, the risk factors associ- the House to pass it without delay. the vast majority of foster children re- ated with foster children who become Mr. MCCONNELL. I further ask side with a foster parent: 29 percent exposed to the juvenile justice system, unanimous consent that the bill be live in the foster family home of a rel- and how to improve on current best read a third time and passed, and the ative, and 46 percent live in the foster practices implemented by the foster motion to reconsider be considered family home of a non-relative. The rest care and juvenile justice systems. made and laid upon the table with no live in institutions, 8 percent; groups My goal for holding this hearing was intervening action or debate. homes, 6 percent; pre-adoptive homes, 4 to spark innovative solutions and to The PRESIDING OFFICER. Without percent; trial home visits, 5 percent; forge relationships between two dis- objection, it is so ordered. supervised independent living, 1 per- tinct groups—the juvenile justice sys- The bill (S. 1402) was ordered to be cent; or are runaways, 1 percent. tem and child welfare system. The ex- engrossed for a third reading, was read As co-founder and co-chair of the perts in these fields must come to- the third time, and passed, as follows: Senate Caucus on Foster Youth, I led a gether to help dually involved youth S. 1402 bipartisan and bicameral group of col- who are in need of services. Be it enacted by the Senate and House of Rep- leagues in introducing legislation rec- It was also a renewed call for Con- resentatives of the United States of America in ognizing May as National Foster Care gress to pass the Juvenile Justice and Congress assembled, Month. The resolution aims to bring Delinquency Prevention Reauthoriza- SECTION 1. SHORT TITLE. foster care issues to the forefront and tion Act, which I helped author. If this This Act may be cited as the ‘‘Patents for recognize the essential role that foster measure is enacted, States partici- Humanity Program Improvement Act’’. parents, social workers, and advocates pating in the juvenile justice formula SEC. 2. TRANSFERABILITY OF ACCELERATION have in the lives of children in foster grants program couldn’t lock up foster CERTIFICATES. care. care children merely for running away (a) IN GENERAL.—A holder of an accelera- While there have been vast improve- from a foster home. Some of these run- tion certificate issued pursuant to the Pat- ents for Humanity Program (established in ments over the years, there are many aways are fleeing abusive situations the notice entitled ‘‘Humanitarian Awards challenges still facing our Nation’s and detention isn’t the right place for Pilot Program’’, published at 77 Fed. Reg. youth. These children have experienced them. Our bill, which awaits action by 6544 (February 8, 2012)), or any successor abuse or neglect, often both. They can the full Senate, also encourages States

VerDate Sep 11 2014 05:26 May 27, 2016 Jkt 059060 PO 00000 Frm 00149 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.096 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3380 CONGRESSIONAL RECORD — SENATE May 26, 2016 receiving juvenile justice formula ber of the Finance Committee and the help those who age out of care with grants to screen children with mental author of many child welfare laws that more opportunities to transition to illness or substance abuse issues. Fi- have gone through that committee, I adulthood. It also would allow greater nally, our bill would encourage States was able to listen and ask questions of flexibility for States to use their funds to rely on policies and practices that experts about how we can move to in a manner that best benefits the reflect the most recent research on more evidenced-based programs and youth population they serve. The legis- what works best with troubled youth. learn from programs that are success- lation builds on the Chafee Foster Care Also during May, the Senate Caucus ful. Independence Program, created by on Foster Youth held several forums to The hope for panel discussions and then-Senator John Chafee in 1999 to allow foster youth to share their expe- briefings is to find innovative solu- better support youth who age out of riences and to hear from experts about tions—whether through legislation or the foster care system at the age of 18. how policies can be improved for chil- awareness and shifts in practice. The program provides financial support dren and families. This year, I also urged the Depart- for youth who are transitioning to The caucus hosted a three-part series ment of Education to work with States adulthood with the goal to make them of panel discussions on the impact of to implement a provision I helped pass self-sufficient. substance abuse and mental health dis- in the Every Student Succeeds Act. For years, I have tried to call atten- orders on children and families in- This education bill includes new data tion to the issues facing foster care volved in the child welfare system. We collection and reporting provisions to youth, which consists of more than heard directly from youth, learned shine a light on achievement gaps for 415,000 children nationwide, more than more about how the opioid epidemic is students who have long been over- 6,000 of whom live with one of Iowa’s impacting families, how to prevent fos- looked in federally funded education, approximately 2,700 foster families. As ter care by working with families, and including homeless and foster youth. founder and co-chair of the Senate Cau- how to better achieve positive out- I have also worked on several bills cus on Foster Youth, I often have the comes through in-home services. We this year to improve foster care poli- opportunity to hear firsthand from were fortunate to have Iowa’s Judge cies. kids growing up in foster care. Foster William Owens from the Wapello Coun- The Modernizing the Interstate youth long to be heard. These children ty Family Drug Court. Judge Owens Placement of Children in Foster Care need permanency and a loving family, highlighted how professionals working Act would reduce the amount of time it not to be shuffled around from home to with child welfare-involved families takes to place children by home. They tell me that important im- have changed their practice and poli- incentivizing more States to imple- provements have recently been made, cies in his county leading to improved ment the National Electronic Inter- but there are still gaps in services that outcomes for families. state Compact Enterprise, or NEICE could be solved with a combination of On the same topic, I co-hosted Dr. system. Six pilot States that utilized policy changes and citizen involve- Phil who shared his expertise with pol- NEICE, on average, reduced wait times ment. icymakers in helping families in crisis for children by 30 percent and antici- While this population of youth de- dealing with substance abuse issues. He pate savings of $1.6 million per year in serves year-round attention, we honor focused on the link between the cur- reduced copying, mailing, and adminis- them this month. This is an especially rent opioid epidemic and the rising trative costs. Throughout the country, important time to have discussions number of children placed in foster caseworkers often avoid exploring out- about how we can improve their lives care. of-state placements because of the long and strengthen their families. It is im- The caucus also partnered with other delays in processing the paperwork. portant, too, that we remember all of child welfare organizations on a brief- Our bill gives incentives to States to the other individuals involved in help- ing about foster parent recruitment join the NEICE system and streamline ing children who are in the foster care and retention. The frontline caregivers the paperwork to make foster care system—including caseworkers, social for hundreds of thousands of children placements and eventual adoption hap- workers, guardians, child welfare advo- in foster care are foster parents. They pen faster. The more we can do to give cates, and foster families. provide physical care, emotional sup- children safe, stable homes, the better. Our work on this issue will continue. port, education advocacy, and, many The increased displacement of kids due Mr. MCCONNELL. I ask unanimous times, a permanent home and future to parental substance abuse, including consent that the resolution be agreed for these kids. Sometimes they are rel- opioid abuse, makes this cause espe- to, the preamble be agreed to, and the atives; sometimes they are complete cially important. motions to reconsider be considered strangers. But no matter who they are, The Protecting Families Affected by made and laid upon the table. they are opening their hearts and Substance Abuse Act would reauthor- The PRESIDING OFFICER. Without homes to children in need. Because ize for 5 years the regional partnership objection, it is so ordered. The resolution (S. Res. 466) was more children are coming into care, we grants that were created in 2006 when I was chairman of the Finance Com- agreed to. need to do all we can to recruit quality The preamble was agreed to. foster parents to keep these kids safe, mittee. While the original intent of the (The resolution, with its preamble, is 2006 grants was to address meth- healthy, in school, and thriving in soci- printed in the RECORD of May 16, 2016, ety. amphetamine abuse, the scope ex- under ‘‘Submitted Resolutions.’’) At the end of the month, I helped co- panded to other substances as new sponsor a briefing to discuss effective problems emerged. Opioid addiction is f practices for youth transitioning out of a key focus of the new bill, as we have SUPPORTING THE DESIGNATION foster care. Because 26,000 young people seen the havoc prescription painkillers OF MAY 2016 AS ‘‘MENTAL leave foster care without a forever and heroin continue to have on fami- HEALTH MONTH’’ family and with limited resources and lies and communities around the na- Mr. MCCONNELL. Mr. President, I little support, we need to do better to tion. The grants support regional part- ask unanimous consent that the Sen- guide and help this population success- nerships for services including early ate proceed to the consideration of S. fully navigate the real world of adult- intervention and preventive services; Res. 480, submitted earlier today. hood. It was an opportunity to learn child and family counseling; mental The PRESIDING OFFICER. The about intensive, individualized and health services; parenting skills train- clerk will report the resolution by clinically focused case management ing; and replication of successful mod- title. and counseling, which has proven re- els for providing family-based, com- The senior assistant legislative clerk sults for long-term success. prehensive long-term substance abuse read as follows: Finally, I participated in a Senate treatment services. A resolution (S. Res. 480) supporting the Finance Committee hearing titled, Supporting Foster Youth Who Age designation of May 2016 as ‘‘Mental Health ‘‘Can Evidence Based Practices Im- Out—this bill would allow States to Month.’’ prove Outcomes for Vulnerable Individ- use these Federal dollars for foster There being no objection, the Senate uals and Families?’’ As a senior mem- youth services up to age 23 and further proceeded to consider the resolution.

VerDate Sep 11 2014 05:26 May 27, 2016 Jkt 059060 PO 00000 Frm 00150 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.099 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE May 26, 2016 CONGRESSIONAL RECORD — SENATE S3381 Mr. MCCONNELL. I ask unanimous I remember our beloved former col- MEASURE READ THE FIRST consent that the resolution be agreed league, Senator Daniel K. Inouye, who TIME—S. 3011 to, the preamble be agreed to, and the lost an arm defending America during Mr. MCCONNELL. Mr. President, I motions to reconsider be considered World War II as part of the ‘‘Go for understand that there is a bill at the made and laid upon the table with no Broke’’ 442nd Regiment, which was desk, and I ask for its first reading. intervening action or debate. composed almost entirely of American The PRESIDING OFFICER. The The PRESIDING OFFICER. Without soldiers of Japanese ancestry and be- clerk will read the bill by title for the objection, it is so ordered. came the most decorated unit for its first time. The resolution (S. Res. 480) was size and length of service in the history The senior assistant legislative clerk agreed to. read as follows: The preamble was agreed to. of American warfare. In Maryland, (The resolution, with its preamble, is Asian Americans and Pacific Islanders A bill (S. 3011) to improve the account- ability, efficiency, transparency, and overall printed in today’s RECORD under ‘‘Sub- have made significant contributions effectiveness of the Federal Government. mitted Resolutions.’’) and serve our Nation with distinction. Mr. MCCONNELL. I now ask for a f The Honorable Theodore D. Chuang of Bethesda, for example, is a U.S. Dis- second reading and, in order to place RECOGNIZING THE SIGNIFICANCE trict Judge of the U.S. District Court the bill on the calendar under the pro- OF MAY 2016 AS ASIAN/PACIFIC for the District of Maryland and is the visions of rule XIV, I object to my own AMERICAN HERITAGE MONTH first Asian American judge in history request. Mr. MCCONNELL. Mr. President, I to sit on the Federal bench in Mary- The PRESIDING OFFICER. Objec- tion having been heard, the bill will be ask unanimous consent that the Sen- land or the Fourth Circuit, which in- read for the second time on the next ate proceed to the immediate consider- cludes Maryland and four other States. ation of S. Res 481, submitted earlier legislative day. today. As the former chairman and current f The PRESIDING OFFICER. The ranking member of the Senate Foreign APPOINTMENTS AUTHORITY clerk will report the resolution by Relations Subcommittee on East Asia title. and the Pacific, I have been closely en- Mr. MCCONNELL. Mr. President, I The senior assistant legislative clerk gaged on issues affecting the Asia-Pa- ask unanimous consent that notwith- read as follows: cific American community and their standing the upcoming adjournment of A resolution (S. Res. 481) recognizing the families abroad. I will continue to the Senate, the President of the Sen- significance of May 2016 as Asian/Pacific work on behalf of this community, es- ate, the President pro tempore, and the American Heritage Month and as an impor- pecially on issues such as human majority and minority leaders be au- tant time to celebrate the significant con- thorized to make appointments to com- tributions of Asian Americans and Pacific Is- rights, security, and peace. I have, therefore, cosponsored two resolutions missions, committees, boards, con- landers to the history of the United States. ferences, or interparliamentary con- There being no objection, the Senate related to Asian Pacific Heritage Month. One resolution—the one the ferences authorized by law, by concur- proceeded to consider the resolution. rent action of the two Houses, or by Senate is currently considering—recog- Mr. CARDIN. Mr. President, I rise order of the Senate. nizes the accomplishments of Asian today to join in the recognition and The PRESIDING OFFICER. Without celebration of the month of May as American and Pacific Islanders and objection, it is so ordered. Asian Pacific American Heritage May 2016 as Asian Pacific American f Month. This month, we celebrate the Heritage Month. The other resolution many contributions Asian American notes the historical significance of ORDERS FOR FRIDAY, MAY 27, 2016, and Pacific Islanders, AAPI, have made Japanese internment and its end. I sup- THROUGH MONDAY, JUNE 6, 2016 to the United States and their cul- port this resolution, too, because as we Mr. MCCONNELL. Mr. President, I tures, traditions, and history. In 1978, honor Asian Americans, we must re- ask unanimous consent that when the Congress passed a joint congressional member and acknowledge that dark Senate completes its business today, it resolution to commemorate Asian/Pa- stain on our history as we redouble our adjourn, to then convene for pro forma cific American Heritage Week during efforts to ensure that the United sessions only, with no business being the first week of May in 1979, and in States of America remains a beacon of conducted on the following dates and 1992, Congress passed legislation that tolerance and inclusion. Discrimina- times, and that following each pro annually designated May as Asian Pa- tion based on the actual or perceived forma session, the Senate adjourn until cific American Heritage Month. race, ethnicity, national origin, reli- the next pro forma session: Friday, Congress chose May because two im- gion, gender, or sexual orientation of May 27, at 12:30 p.m.; Tuesday, May 31, portant anniversaries occurred during people is anathema to the values we at 8:30 a.m.; Friday, June 3, at 1 p.m.; this month. On May 7, 1843, the first cherish as Americans. I further ask that when the Senate ad- Japanese immigrants arrived in Amer- journs on Friday, June 3, it next con- ica. May 10 is the anniversary of the Once again, I would like to thank vene at 2 p.m. on Monday, June 6; that transcontinental railroad’s completion Asian Americans, Native Hawaiians, following the prayer and pledge, the in 1869. Many of the workers who laid and Pacific Islander Americans in morning hour be deemed expired, the the tracks for this railroad were Chi- Maryland and all around the country Journal of proceedings be approved to nese immigrants. These two dates only for their tremendous contributions to date, and the time for the two leaders begin to describe the innumerable con- and sacrifices for our Nation. be reserved for their use later in the tributions that Asian Americans and Mr. MCCONNELL. I ask unanimous day; I ask that following leader re- Pacific Islanders have made to this consent that the resolution be agreed marks, the Senate be in a period of country. The AAPI community of over to, the preamble be agreed to, and the morning business until 4 p.m., with 18 million draws from a variety of dis- motions to reconsider be considered Senators permitted to speak therein tinct cultures, each of which has en- made and laid upon the table with no for up to 10 minutes each. riched American society and chal- intervening action or debate. The PRESIDING OFFICER. Without lenged our Nation to aspire to be bet- objection, it is so ordered. The PRESIDING OFFICER. Without ter. This community comprises 45 dis- f tinct ethnicities and more than 100 dif- objection, it is so ordered. ADJOURNMENT UNTIL 12:30 P.M. ferent languages. Through hard work The resolution (S. Res. 481) was TOMORROW and a steadfast commitment to Amer- agreed to. ican ideals, Asian Americans, Native Mr. MCCONNELL. Mr. President, if Hawaiians, and Pacific Islanders have The preamble was agreed to. there is no further business to come be- strengthened this country as leaders, (The resolution, with its preamble, is fore the Senate, I ask unanimous con- laborers, activists, artists, and trail- printed in today’s RECORD under ‘‘Sub- sent that it stand adjourned under the blazers. mitted Resolutions.’’) previous order.

VerDate Sep 11 2014 05:26 May 27, 2016 Jkt 059060 PO 00000 Frm 00151 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.109 S26MYPT1 smartinez on DSK3GLQ082PROD with SENATE S3382 CONGRESSIONAL RECORD — SENATE May 26, 2016 To be commander THE FOLLOWING NAMED OFFICER FOR APPOINTMENT There being no objection, the Senate, IN THE UNITED STATES ARMY TO THE GRADE INDICATED at 6:31 p.m., adjourned until Friday, DANIEL MORALES WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND May 27, 2016, at 12:30 p.m. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be lieutenant general f UNDER TITLE 10, U.S.C., SECTION 624: MAJ. GEN. MICHAEL D. LUNDY To be captain NOMINATIONS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT STEFAN M. GROETSCH IN THE UNITED STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND Executive nominations received by THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: the Senate: TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: To be lieutenant general NATIONAL ASSOCIATION OF REGISTERED AGENTS To be captain AND BROKERS MAJ. GEN. JEFFREY S. BUCHANAN JEFFREY M. BIERLEY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MARGUERITE SALAZAR, OF COLORADO, TO BE A MEM- AS THE DEAN OF THE ACADEMIC BOARD, UNITED STATES BER OF THE BOARD OF DIRECTORS OF THE NATIONAL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MILITARY ACADEMY, AND FOR APPOINTMENT TO THE ASSOCIATION OF REGISTERED AGENTS AND BROKERS TO THE GRADE INDICATED IN THE UNITED STATES NAVY GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 4335: FOR A TERM OF TWO YEARS. (NEW POSITION) UNDER TITLE 10, U.S.C., SECTION 624: To be brigadier general DEPARTMENT OF DEFENSE To be lieutenant commander COL. CINDY R. JEBB THOMAS ATKIN, OF VIRGINIA, TO BE AN ASSISTANT MICHAEL G. ZAKAROFF IN THE AIR FORCE SECRETARY OF DEFENSE, VICE ERIC ROSENBACH, RE- f SIGNED. THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED DANIEL P. FEEHAN, OF THE DISTRICT OF COLUMBIA, TO CONFIRMATIONS STATES OFFICER FOR APPOINTMENT IN THE RESERVE BE AN ASSISTANT SECRETARY OF DEFENSE, VICE FRED- OF THE AIR FORCE TO THE GRADE INDICATED UNDER ERICK VOLLRATH, RESIGNED. Executive nominations confirmed by TITLE 10, U.S.C., SECTIONS 12203 AND 12212: FEDERAL MARITIME COMMISSION the Senate May 26, 2016: To be brigadier general REBECCA F. DYE, OF NORTH CAROLINA, TO BE A FED- UNITED NATIONS COL. SIDNEY N. MARTIN ERAL MARITIME COMMISSIONER FOR THE TERM EXPIR- IN THE NAVY ING JUNE 30, 2020. (REAPPOINTMENT) LAURA S. H. HOLGATE, OF VIRGINIA, TO BE REP- RESENTATIVE OF THE UNITED STATES OF AMERICA TO DEPARTMENT OF STATE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE VIENNA OFFICE OF THE UNITED NATIONS, WITH THE AS VICE CHIEF OF NAVAL OPERATIONS AND APPOINT- RANK OF AMBASSADOR. PETER MICHAEL MCKINLEY, OF VIRGINIA, A CAREER MENT IN THE UNITED STATES NAVY TO THE GRADE INDI- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF INTERNATIONAL ATOMIC ENERGY AGENCY CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE MINISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS DINARY AND PLENIPOTENTIARY OF THE UNITED STATES LAURA S. H. HOLGATE, OF VIRGINIA, TO BE THE REP- 601 AND 5035: OF AMERICA TO THE FEDERATIVE REPUBLIC OF BRAZIL. RESENTATIVE OF THE UNITED STATES OF AMERICA TO To be admiral THE INTERNATIONAL ATOMIC ENERGY AGENCY, WITH IN THE ARMY THE RANK OF AMBASSADOR. VICE ADM. WILLIAM F. MORAN THE FOLLOWING ARMY NATIONAL GUARD OF THE IN THE MARINE CORPS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- AS CHIEF OF NAVAL PERSONNEL AND APPOINTMENT IN SERVE OF THE ARMY TO THE GRADE INDICATED UNDER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE UNITED STATES NAVY TO THE GRADE INDICATED TITLE 10, U.S.C., SECTIONS 12203 AND 12211: IN THE UNITED STATES MARINE CORPS TO THE GRADE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND INDICATED UNDER TITLE 10, U.S.C., SECTION 624: RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS 601 To be major general To be brigadier general AND 5141: BRIG. GEN. TIMOTHY P. WILLIAMS To be vice admiral COL. SCOTT F. BENEDICT THE FOLLOWING ARMY NATIONAL GUARD OF THE COL. JASON Q. BOHM REAR ADM. (LH) ROBERT P. BURKE UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- COL. BRIAN W. CAVANAUGH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SERVE OF THE ARMY TO THE GRADE INDICATED UNDER COL. DANIEL B. CONLEY TITLE 10, U.S.C., SECTIONS 12203 AND 12211: IN THE UNITED STATES NAVY TO THE GRADE INDICATED COL. FRANCIS L. DONOVAN WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND To be brigadier general COL. RYAN P. HERITAGE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: COL. CHRISTOPHER A. MCPHILLIPS COL. JOSEPH J. STREFF COL. WILLIAM H. SEELY III To be vice admiral COL. ROBERT B. SOFGE, JR. THE FOLLOWING ARMY NATIONAL GUARD OF THE REAR ADM. THOMAS J. MOORE UNITED STATES OFFICERS FOR APPOINTMENT IN THE COL. MATTHEW G. TROLLINGER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RESERVE OF THE ARMY TO THE GRADE INDICATED IN THE ARMY IN THE UNITED STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE FOLLOWING ARMY NATIONAL GUARD OF THE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be brigadier general UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- COL. ROBERT A. CRISOSTOMO SERVE OF THE ARMY TO THE GRADE INDICATED UNDER To be vice admiral TITLE 10, U.S.C., SECTIONS 12203 AND 12211: COL. ANTHONY P. DIGIACOMO II VICE ADM. JAN E. TIGHE COL. DANIEL J. HILL To be major general COL. KENNETH A. NAVA IN THE ARMY BRIG. GEN. LINDA L. SINGH IN THE MARINE CORPS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE NAVY IN THE UNITED STATES ARMY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: IN THE UNITED STATES MARINE CORPS TO THE GRADE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- IN THE UNITED STATES NAVY RESERVE TO THE GRADE To be major general INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., BRIG. GEN. DAVID G. BASSETT SECTION 601: To be rear admiral (lower half) BRIG. GEN. WILLARD M. BURLESON III To be lieutenant general BRIG. GEN. CHRISTOPHER G. CAVOLI CAPT. JON C. KREITZ BRIG. GEN. DAVID C. COBURN LT. GEN. DAVID H. BERGER IN THE AIR FORCE BRIG. GEN. STEPHEN E. FARMEN BRIG. GEN. BRYAN P. FENTON IN THE AIR FORCE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIG. GEN. MALCOLM B. FROST BRIG. GEN. PATRICIA A. FROST THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AS CHIEF OF THE AIR FORCE RESERVE AND APPOINT- BRIG. GEN. DOUGLAS M. GABRAM IN THE GRADE INDICATED IN THE RESERVE OF THE AIR MENT TO THE GRADE OF LIEUTENANT GENERAL IN THE BRIG. GEN. PETER A. GALLAGHER FORCE UNDER TITLE 10, U.S.C., SECTION 12203: RESERVE OF THE AIR FORCE WHILE ASSIGNED TO A PO- SITION OF IMPORTANCE AND RESPONSIBILITY UNDER BRIG. GEN. JOHN A. GEORGE To be colonel TITLE 10, U.S.C., SECTIONS 601 AND 8038: BRIG. GEN. RANDY A. GEORGE BRIG. GEN. MICHAEL L. HOWARD JOSEPH H. IMWALLE To be lieutenant general BRIG. GEN. SEAN M. JENKINS BRIG. GEN. JOHN P. JOHNSON MAJ. GEN. MARYANNE MILLER IN THE ARMY BRIG. GEN. RICHARD G. KAISER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIG. GEN. JOHN S. KEM TO THE GRADE INDICATED IN THE UNITED STATES ARMY IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- BRIG. GEN. ROBERT L. MARION MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE BRIG. GEN. TIMOTHY P. MCGUIRE AND 3064: AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION BRIG. GEN. DENNIS S. MCKEAN 601: BRIG. GEN. TERRENCE J. MCKENRICK To be colonel BRIG. GEN. CHRISTOPHER P. MCPADDEN To be lieutenant general BRIG. GEN. DANIEL G. MITCHELL DOUGLAS MAURER MAJ. GEN. KENNETH S. WILSBACH BRIG. GEN. FRANK M. MUTH IN THE NAVY BRIG. GEN. ERIK C. PETERSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIG. GEN. LEOPOLDO A. QUINTAS, JR. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIG. GEN. KURT J. RYAN CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRIG. GEN. MARK C. SCHWARTZ AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION UNDER TITLE 10, U.S.C., SECTION 624: BRIG. GEN. WILSON A. SHOFFNER, JR. 601: BRIG. GEN. KURT L. SONNTAG To be lieutenant commander To be lieutenant general BRIG. GEN. SCOTT A. SPELLMON DANIEL L. CHRISTENSEN BRIG. GEN. RANDY S. TAYLOR LT. GEN. CHARLES Q. BROWN, JR. BRIG. GEN. ERIC J. WESLEY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY IN THE ARMY IN THE NAVY UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be commander IN THE UNITED STATES ARMY TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND HOWARD D. WATT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant general To be admiral TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: MAJ. GEN. DARRYL A. WILLIAMS ADM. MICHELLE J. HOWARD

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IN THE AIR FORCE ARMY NOMINATION OF CARL J. WOJTASZEK, TO BE ARMY NOMINATION OF MARSHALL H. SMITH, TO BE LIEUTENANT COLONEL. COLONEL. AIR FORCE NOMINATION OF CHRISTOPHER R. MCNUL- ARMY NOMINATION OF G010339, TO BE LIEUTENANT TY, TO BE COLONEL. COLONEL. IN THE MARINE CORPS AIR FORCE NOMINATIONS BEGINNING WITH ZACHARY ARMY NOMINATION OF MICHAEL A. IZZO, TO BE COLO- MARINE CORPS NOMINATION OF DAVID M. SOUSA, TO P. AUGUSTINE AND ENDING WITH BRIAN A. YOUNG, NEL. BE LIEUTENANT COLONEL. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ARMY NOMINATION OF JOSHUA R. POUNDERS, TO BE MARINE CORPS NOMINATIONS BEGINNING WITH JEF- AND APPEARED IN THE CONGRESSIONAL RECORD ON MAJOR. FREY J. ABRAMAITYS AND ENDING WITH ERICH H. WAG- MAY 18, 2016. ARMY NOMINATION OF ERNEST C. LEE, JR., TO BE NER, WHICH NOMINATIONS WERE RECEIVED BY THE SEN- AIR FORCE NOMINATIONS BEGINNING WITH WILLIAM J. COLONEL. ATE AND APPEARED IN THE CONGRESSIONAL RECORD FECKE AND ENDING WITH JANET K. URBANSKI, WHICH ARMY NOMINATIONS BEGINNING WITH TERRANCE W. ON JANUARY 28, 2016. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ADAMS AND ENDING WITH CYNTHIA M. ZAPOTOCZNY, MARINE CORPS NOMINATIONS BEGINNING WITH RICH- PEARED IN THE CONGRESSIONAL RECORD ON MAY 18, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ARD T. ANDERSON AND ENDING WITH SETH E. YOST, 2016. AND APPEARED IN THE CONGRESSIONAL RECORD ON WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AIR FORCE NOMINATIONS BEGINNING WITH MICHAEL AND APPEARED IN THE CONGRESSIONAL RECORD ON CHRISTOPHER AHL AND ENDING WITH LISA MARIE MAY 11, 2016. JANUARY 28, 2016. WOTKOWICZ, WHICH NOMINATIONS WERE RECEIVED BY ARMY NOMINATIONS BEGINNING WITH JENNIFER L. MARINE CORPS NOMINATIONS BEGINNING WITH VIC- THE SENATE AND APPEARED IN THE CONGRESSIONAL ADAMSBUCKHOUSE AND ENDING WITH MELVIN W. ZIM- TOR M. ABELSON AND ENDING WITH MATTHEW P. RECORD ON MAY 18, 2016. MER, JR., WHICH NOMINATIONS WERE RECEIVED BY THE ZUMMO, WHICH NOMINATIONS WERE RECEIVED BY THE AIR FORCE NOMINATIONS BEGINNING WITH TIMOTHY SENATE AND APPEARED IN THE CONGRESSIONAL SENATE AND APPEARED IN THE CONGRESSIONAL JAMES ANDERSON AND ENDING WITH JUSTIN L. RECORD ON MAY 11, 2016. RECORD ON FEBRUARY 1, 2016. WOLTHUIZEN, WHICH NOMINATIONS WERE RECEIVED BY ARMY NOMINATIONS BEGINNING WITH JEFFREY A. THE SENATE AND APPEARED IN THE CONGRESSIONAL ABELE AND ENDING WITH JAMES M. ZIEBA, WHICH NOMI- IN THE NAVY RECORD ON MAY 18, 2016. NATIONS WERE RECEIVED BY THE SENATE AND AP- AIR FORCE NOMINATIONS BEGINNING WITH VICTORIA PEARED IN THE CONGRESSIONAL RECORD ON MAY 11, NAVY NOMINATION OF JASON A. GRANT, TO BE COM- D. ABLES AND ENDING WITH MATTHEW G. ZINN, WHICH 2016. MANDER. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATION OF KATHRYN A. KATZ, TO BE NAVY NOMINATION OF DARREN J. DONLEY, TO BE CAP- PEARED IN THE CONGRESSIONAL RECORD ON MAY 18, MAJOR. TAIN. 2016. ARMY NOMINATION OF BRYAN P. HENDREN, TO BE NAVY NOMINATION OF MARC D. BORAN, TO BE CAP- MAJOR. TAIN. IN THE ARMY ARMY NOMINATION OF WESTON C. GORING, TO BE NAVY NOMINATION OF SCOTT P. SMITH, TO BE CAP- ARMY NOMINATION OF FANY L. RIVERA, TO BE MAJOR. MAJOR. TAIN. ARMY NOMINATION OF TODD E. SCHROEDER, TO BE ARMY NOMINATION OF SRILALITHA DONEPUDI, TO BE NAVY NOMINATIONS BEGINNING WITH JOSEPH F. COLONEL. MAJOR. ABRUTZ III AND ENDING WITH MICHAEL P. WOLCHKO, ARMY NOMINATION OF MONICA J. MILTON, TO BE ARMY NOMINATION OF DANIEL P. FISHER, TO BE LIEU- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE MAJOR. TENANT COLONEL. AND APPEARED IN THE CONGRESSIONAL RECORD ON ARMY NOMINATIONS BEGINNING WITH MICHELLE M. ARMY NOMINATION OF DARIN J. BLATT, TO BE COLO- APRIL 28, 2016. AGPALZA AND ENDING WITH D012971, WHICH NOMINA- NEL. NAVY NOMINATION OF DAVID H. MCALISTER, TO BE TIONS WERE RECEIVED BY THE SENATE AND APPEARED ARMY NOMINATION OF ZOLTAN L. KROMPECHER, TO BE CAPTAIN. IN THE CONGRESSIONAL RECORD ON APRIL 28, 2016. COLONEL. NAVY NOMINATION OF DEVIN D. BURNS, TO BE LIEU- ARMY NOMINATIONS BEGINNING WITH JACOB I. ARMY NOMINATION OF JOHN D. WINGEART, TO BE LIEU- TENANT COMMANDER. ABRAMI AND ENDING WITH G010400, WHICH NOMINATIONS TENANT COLONEL. FOREIGN SERVICE WERE RECEIVED BY THE SENATE AND APPEARED IN THE ARMY NOMINATION OF JANELLE V. KUTTER, TO BE CONGRESSIONAL RECORD ON APRIL 28, 2016. LIEUTENANT COLONEL. FOREIGN SERVICE NOMINATIONS BEGINNING WITH ARMY NOMINATIONS BEGINNING WITH RICHARD R. ARMY NOMINATION OF KEVIN T. REEVES, TO BE LIEU- MARIANO J. BEILLARD AND ENDING WITH WILLIAM G. AARON AND ENDING WITH D012923, WHICH NOMINATIONS TENANT COLONEL. VERZANI, WHICH NOMINATIONS WERE RECEIVED BY THE WERE RECEIVED BY THE SENATE AND APPEARED IN THE ARMY NOMINATION OF ANKITA B. PATEL, TO BE SENATE AND APPEARED IN THE CONGRESSIONAL CONGRESSIONAL RECORD ON APRIL 28, 2016. MAJOR. RECORD ON APRIL 14, 2016.

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NATIONAL DEFENSE AUTHORIZA- quately funds them for a full fiscal year. Unfor- I’d also like to thank Chairman G. K. TION ACT FOR FISCAL YEAR 2017 tunately, H.R. 4909 falls far short of this. BUTTERFIELD for his mighty leadership of our Mr. Speaker, I urge my colleagues to join caucus as we work to ensure all Americans SPEECH OF me in opposing the National Defense Author- have an equal voice at the ballot box. HON. BETTY McCOLLUM ization Act for Fiscal Year 2017 (H.R. 4909). At the signing of the Voting Rights Act in OF MINNESOTA f 1965, President Johnson told the American IN THE HOUSE OF REPRESENTATIVES people: ‘‘The vote is the most powerful instru- MILITARY CONSTRUCTION AND ment ever devised by man for breaking down Tuesday, May 17, 2016 VETERANS AFFAIRS AND RE- injustice and destroying the terrible walls The House in Committee of the Whole LATED AGENCIES APPROPRIA- which imprison men because they are different House on the state of the Union had under TIONS ACT, 2017 from other men.’’ consideration the bill (H.R. 4909) to authorize And Dr. King, our drum major for peace and appropriations for fiscal year 2017 for mili- SPEECH OF tary activities of the Department of Defense justice, agreed saying: ‘‘Voting is the founda- and for military construction, to prescribe HON. SUZANNE BONAMICI tion stone for political action.’’ military personnel strengths for such fiscal OF OREGON I am proud to say that we have come a long year, and for other purposes: IN THE HOUSE OF REPRESENTATIVES way in the 50 years since the signing of the Ms. MCCOLLUM. Mr. Chair, I rise in opposi- Wednesday, May 18, 2016 Voting Rights Act. In April, the Supreme Court tion to the National Defense Authorization Act unanimously upheld ‘‘one person one vote’’ The House in Committee of the Whole for Fiscal Year 2017 (H.R. 4909) with its 8–0 ruling, in Evenwel v. Abbott. The House on the state of the Union had under ruling affirmed that legislative districts must Each year, the National Defense Authoriza- consideration the bill (H.R. 4974) making ap- tion Act provides a framework for our armed propriations for military construction, the continue to be drawn based on total popu- forces in the fiscal year ahead. Crafting and Department of Veterans Affairs, and related lation, not just the total number of voters. This considering this legislation is a serious matter, agencies for the fiscal year ending Sep- will ensure that the concerns of all constitu- one that has earned strong bipartisan support tember 30, 2017, and for other purposes: ents will be equally represented. in the past. This year, House Republicans Ms. BONAMICI. Mr. Chair, I rise today in However, we must confront the fact that our have instead decided to intentionally violate opposition to H.R. 4974, the Military Construc- voting rights are once again under attack. last year’s Bipartisan Budget Act and abdicate tion and Veterans Affairs and Related Agen- There are many working to turn back the this Congress’ solemn responsibility to suffi- cies Appropriations Act for Fiscal Year 2017. clock, so we must continue working to ensure ciently fund our troops. Although I strongly support the bill’s funding that each man and woman has an equal voice H.R. 4909 takes $18 billion from Overseas for programs that support our nation’s service at the ballot box. Contingency Operations (OCO), the account members and veterans, the legislation con- We cannot allow the victories of the Civil that pays for our country’s fight against ISIS tained too many harmful provisions to earn my Rights Movement to be undone. and other important military efforts, in order to vote. Regrettably, the bill included language In 2013, the Supreme Court opened the fund base budget items that the President and allowing federal contractors to discriminate door to these voting rights attacks. In its the Department of Defense have not re- against LGBT employees, as well as language Shelby v. Holder decision, the Court carelessly quested. This funding shift breaks the spirit of to prevent the closing of the detention facility and callously gutted the milestone the Voting the Bipartisan Budget Act reached last Octo- at Guantanamo Bay. I was also concerned by Rights Act. ber and degrades our military’s readiness. the adoption of anti-labor amendments that In the three years following this ruling, we’ve Furthermore, H.R. 4909 stops authorization for will jeopardize the rights of workers on military watched Republican state legislatures fall over OCO funding next April, long before the fiscal construction projects. themselves to erect new and undemocratic year ends, and places our servicemen and Though I oppose the final bill for those rea- barriers to the ballot box. -women squarely in the middle of a partisan sons, there were several provisions in the leg- This year, 16 states instituted new restric- budget fight just months into the next presi- islation that I support, including greater invest- tions for the first time dent’s term. This is reckless and irresponsible, ments in providing care to our veterans, and Let me repeat—for the first time, during a and Congress owes it to our troops to author- funding for military housing, infrastructure, and presidential election year, 16 states instituted ize a full year of funding. other services to give our men and women in new voting restrictions. And the clearly par- H.R. 4909 also includes several disturbing uniform and their families the facilities and tisan nature of these voting rights attacks is Republican ideological stances that I find high- care they deserve. I hope to work with my col- not lost on the American people. ly objectionable. This legislation fails to uphold leagues to improve this legislation as the ap- These new barriers range from unnecessary President Obama’s protections for LGBT propriations process continues. voter ID laws, to ending same-day voter reg- Americans who work for federal contractors f istration and reducing or completing elimi- and grantees and allows for discrimination nating early voting. against them. This outrageous partisan rider DEMOCRACY IN CRISIS Since 2010, 21 states have implemented has absolutely no place in a bill that author- new restrictions. izes the funds necessary for our servicemen SPEECH OF Mr. Speaker, this is a crisis; our democracy and -women to do the jobs they have bravely HON. BARBARA LEE is in crisis. volunteered to do. Additionally, H.R. 4909 OF CALIFORNIA While states have put up barriers, Speaker once again includes provisions that prevent IN THE HOUSE OF REPRESENTATIVES RYAN, Judiciary Chairman GOODLATTE and President Obama from responsibly closing the some Congressional Republicans have ig- prison at Guantanamo Bay, ensuring that the Monday, May 23, 2016 nored the clear, bipartisan conscience to fix detention center will remain an extremist prop- Ms. LEE. Mr. Speaker, tonight I rise with my the Voting Rights Act and restore voting rights aganda tool and a threat to our national secu- colleagues in the Congressional Black Caucus protections for all Americans. rity. Now that President Obama has put for- to urge our Republican colleagues to stop Republican Congressman JAMES SENSEN- ward a plan to close the detention center re- their reckless assault on the right to vote in BRENNER has introduced the bipartisan Voting sponsibly, Congress should move immediately America. Rights Amendment Act (H.R. 885), which I am to enact it. The closure of this facility is long First, let me thank my colleagues, Con- proud to co-sponsor with 105 of my col- overdue. gresswoman JOYCE BEATTY and Congressman leagues, including 14 Republican Members House Republicans owe it to our service- HAKEEM JEFFRIES, for organizing this important representing 11 different states. men and -women to put forward legislation special order and for their dedicated leader- But let me be clear—simply fixing the Voting free from partisan ideological riders and ade- ship in ensuring equality and liberty for all. Rights Act is not enough.

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

VerDate Sep 11 2014 06:47 May 27, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.001 E26MYPT1 emcdonald on DSK3SPTVN1PROD with REMARKS E800 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2016 We need to empower voters and Congress- million increase over FY 2016 enacted levels ISAAC MONTANO woman SEWELL’S bill—the Voting Rights Ad- will ensure that these facilities remain fully vancement Act (H.R. 2867)—would do just operational, including the Advanced Light HON. ED PERLMUTTER that. Source and Molecular Foundry at Lawrence OF COLORADO Now—we often talk about how states in the Berkeley National Lab in my home district. IN THE HOUSE OF REPRESENTATIVES south like Alabama have laws threatening vot- However, I remain deeply concerned re- Thursday, May 26, 2016 ing rights. But this is still an issue around the garding the many poison pill policy riders and country, including in California. low funding levels included in this spending Mr. PERLMUTTER. Mr. Speaker, I rise While California has implemented many bill. today to recognize and applaud Isaac policies that improve access to the ballot box, We know that California is experiencing an Montano for receiving the Arvada Wheat including vote-by-mail, automatic voter reg- unprecedented drought coupled with the real Ridge Service Ambassadors for Youth award. istration and expanded absentee voting—we effects of climate change. The fact that most Isaac Montano is a 9th grader at Pomona are not perfect. of H.R. 2898, the Western Water and Amer- High School and received this award because Three California counties—Kings County, ican Food Security Act of 2015, has shame- his determination and hard work have allowed Monterey County and Yuba County—were fully been inserted into this bill is a disgrace. him to overcome adversities. covered by the section 5 of the Voting Rights This harmful rider fails to adequately address The dedication demonstrated by Isaac Act before the Shelby decision—meaning they critical elements of California’s complex water Montano is exemplary of the type of achieve- needed preclearance from the Justice Depart- challenges and will only worsen the effects of ment that can be attained with hard work and ment before changing voting rules or jurisdic- the drought. It would also violate existing laws perseverance. It is essential students at all tion. protecting salmon and other endangered fish levels strive to make the most of their edu- Mr. Speaker, we must restore the in California’s Bay-Delta estuary. cation and develop a work ethic which will preclearance process to prevent voter dis- guide them for the rest of their lives. I am also concerned regarding the other crimination and disenfranchisement before it I extend my deepest congratulations to harmful policy riders that would shamefully happens—not after. Isaac Montano for winning the Arvada Wheat allow guns on Army Corps of Engineers land It is clear—our democracy is in a crisis. Ridge Service Ambassadors for Youth award. and prevent implementation of the administra- There is an assault against voting rights and I have no doubt he will exhibit the same dedi- tion’s Clean Water Rule. we must come together to stop it. cation and character in all of his future accom- My Democratic colleagues and the Congres- Mr. Chairman, instead of trying to roll back plishments. vital environmental protections, we need to be sional Black Caucus are serious about pro- f tecting voting rights and pass the Voting proactive about preserving our environment for Rights Advancement Act. It is past time that the health and safety of future generations. REMEMBERING THE PALESTINE all Republicans in Congress join our efforts to We need to make more investments in clean FLOOD VICTIMS protect the foundation of our democracy: the energy like solar, wind, and geothermal. Un- right to vote. fortunately, this bill does not do that. HON. JEB HENSARLING Our work is not over until the voice of I hope that as the process moves forward, OF TEXAS EVERY American is equally heard. these terrible policy riders and low allocations IN THE HOUSE OF REPRESENTATIVES are resolved. f Thursday, May 26, 2016 ENERGY AND WATER DEVELOP- f Mr. HENSARLING. Mr. Speaker, today I rise MENT AND RELATED AGENCIES in somber tone. I wanted to take a moment to APPROPRIATIONS ACT, 2017 CLARIFYING CONGRESSIONAL IN- remember six lives that were recently lost in TENT IN PROVIDING FOR DC Texas’ 5th Congressional District. SPEECH OF HOME RULE ACT OF 2016 On April 29th, East Texas experienced a HON. BARBARA LEE storm system that swept through during the SPEECH OF latter part of the day into the evening and OF CALIFORNIA night. During the early Saturday morning IN THE HOUSE OF REPRESENTATIVES HON. AL GREEN hours, the city of Palestine in Anderson Coun- Tuesday, May 24, 2016 OF TEXAS ty, Texas had reports of 7.5 inches of rain that The House in Committee of the Whole IN THE HOUSE OF REPRESENTATIVES fell in less than an hour. Several homes were House on the state of the Union had under destroyed in the neighborhoods, businesses consideration the bill (H.R. 5055) making ap- Wednesday, May 25, 2016 flooded and ultimately lives were changed for- propriations for energy and water develop- ever. ment and related agencies for the fiscal year Mr. AL GREEN of Texas. Mr. Speaker, I ar- dently oppose H.R. 5233, wrongfully entitled I would like to take a moment to remember ending September 30, 2017, and for other pur- Lenda Asberry and her great-grandchildren: poses: the ‘‘Clarifying Congressional Intent in Pro- viding for DC Home Rule Act of 2016.’’ H.R. Jamonicka Johnson, 6, Von Anthony Johnson Ms. LEE. Mr. Chair, let me thank the Rank- Jr., 7, Devonte Asberry, 8, and Venetia ing Member and Chair for including language 5233 seeks to repeal a District of Columbia referendum, approved by a super-majority of Asberry, 9. Also, Giovani Olivas, 30, who to recognize the importance of workplace di- leaves behind a wife and two children. versity in the Department of Energy’s National D.C. residents, 83 percent, to allow the local D.C. government to implement its own local Spouses, children, parents, aunts, uncles, Laboratories and directing the Department to friends, neighbors, teachers, all left to grieve provide a detailed plan on the recruitment and budget. To be clear, implement its own local budget after a 30-day congressional review for these loved ones. retention with minority-serving institutions, in- Let us all remember in our thoughts and cluding Historically Black Colleges and Univer- period. This legislation does not preserve the authority of Congress, the 30-day congres- prayers these families, businesses and the city sities (HBCUs). of Palestine’s people as they rebuild their I am also pleased that the bill includes lan- sional review period already does that, rather it subjects the local D.C. government to the ar- property and lives. guage on Energy-Water Nexus initiative that I f worked on with our Ranking Member MARCY duous appropriations process to use tax dol- KAPTUR. This language encourages the De- lars from its own residents. FY17 NATIONAL DEFENSE partment of Energy to enter into an agreement Why, Mr. Speaker, would we choose to AUTHORIZATION ACT with the Department of Agriculture at various overturn the will of the local D.C. electorate to national labs to work on development of af- spend their tax dollars as they choose? Opti- HON. STEVE ISRAEL cally, it does not look right. Substantively, it is fordable and efficient food production systems OF NEW YORK not right, and, legislatively, we are on the for our most food insecure communities. This IN THE HOUSE OF REPRESENTATIVES is a critical step towards addressing food inse- wrong track. curity and poverty. In closing, Mr. Speaker, H.R. 5233 is a Thursday, May 26, 2016 Lastly, I’m pleased that the Advanced Light move in the wrong direction away from grant- Mr. ISRAEL. Mr. Speaker, I rise today to ex- Source program is fully funded in this bill at ing the residents of D.C. increased self-deter- press my disappointment with the way the Ma- the level of $64.95 million in FY2017. This $2 mination and home-rule. jority has undermined the welfare of our troops

VerDate Sep 11 2014 06:47 May 27, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.003 E26MYPT1 emcdonald on DSK3SPTVN1PROD with REMARKS May 26, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E801 by inserting poisonous language into the Na- ple of Azerbaijan. At the fall of the Soviet IN HONOR OF THE RETIREMENT tional Defense Authorization Act (NDAA) for Union, Azerbaijan found itself in an armed OF MR. NORMAN BEATTY Fiscal Year 2017. conflict over occupied territory by Armenia. In Last week I unfortunately had to vote 1993, the United Nations Security Council HON. SCOTT GARRETT against the FY 17 NDAA. I want to state that adopted four resolutions demanding complete, OF NEW JERSEY it pained me to take that vote. Throughout my unconditional and immediate withdrawal of Ar- IN THE HOUSE OF REPRESENTATIVES career I have supported our service members in every respect. I have worked tirelessly on menian forces from the occupied territories of Thursday, May 26, 2016 veterans issues. I have worked closely with Azerbaijan. Despite the U.N. resolutions, Mr. GARRETT. Mr. Speaker, I rise today to Department of Defense leadership to ensure today, more than 20 percent of Azerbaijan’s honor Mr. Norman Beatty who is retiring after our troops on the front lines have had every territory, including Nagorno-Karabakh and 32 years of service at First Hope Bank in resource they needed to be successful and seven surrounding districts, remain under Ar- Hope, NJ. During his tenure at First Hope that our troops and their families at home menian occupation. Bank, Mr. Beatty served as Chairman of the were well taken care of. Additionally, a 1994 ceasefire agreement Board, Chief Executive Officer, and President. Last week, the Majority injected their reck- has been breached over the years with the He graduated Blair Academy in 1958, the less ideology into the bill: a provision that most recent provocation occurring in 2016 United States Military Academy in 1963 (BS), would explicitly allow defense contractors to and the University of Alabama Graduate while the Azerbaijani President was en route discriminate against LGBT employees. The School of Business in 1971, where he re- to Azerbaijan following a successful nuclear language seeks to nullify an executive order ceived an MBA and an MS in Human Re- prohibiting federal contractors from laying off summit in the U.S. I am pleased that Azer- sources. Additionally, he served 20 years in or otherwise punishing employees because of baijan immediately called for peace in the the Army from 1963–1983. Retiring as a Lieu- their sexual orientation. Instead of passing a aftermath of the skirmish and remains com- tenant Colonel in 1983, he joined First Hope bill supporting our troops, they hid behind our mitted to a peaceful resolution of the conflict Bank and worked with his father, Lewis C. troops in opposing LGBT Americans. with Armenia. Beatty. In doing this, the Majority placed the welfare Mr. Beatty played an essential role in the of our troops in jeopardy, potentially robbing Azerbaijan is a key global security partner for the United States. As an active member of New Jersey Bankers Association, where he them of much needed resources, and under- served as Chairman of the Agricultural Com- NATO’s Partnership for Peace program, Azer- mined protections for LGBT employees of fed- mittee, Treasurer, Secretary, Vice Chairman, baijan cooperates with the United States in eral contractors created by a Presidential Ex- Chair, and on the Executive Committee. ecutive Order. countering terrorism, nuclear proliferation, and During Mr. Beatty’s tenure, New Jersey’s As I stated earlier, this was a difficult vote narcotics trafficking. Azerbaijani troops serve two banking organizations, the Savings to cast. However, I also know that this was the shoulder to shoulder with U.S. soldiers in Af- League and Bankers Association, merged in correct vote to cast. This body should not be ghanistan, as they previously did in Kosovo 2009. Mr. Beatty was then named the Co- risking national security nor sanctioning dis- and Iraq. In support of the International Secu- Chairman of the NJ Bankers Association. crimination. rity Assistance Force in Afghanistan, Azer- Within the American Bankers Association he I urge the Republican Majority to delete this baijan has extended important over-flight represented New Jersey on the Community language in a House-Senate conference. They Bankers Council and the Membership Council. should not play politics with our national secu- clearances for U.S. and NATO flights as well From 2010 to 2014 he served as a member of rity. as regularly providing landing and refueling the American Bankers Association’s Board of f operations at its airports for U.S. and NATO forces. Azerbaijan also plays an important role Directors and Chairman of its Audit Com- mittee. RECOGNIZING THE 98TH ANNIVER- in the Northern Distribution Network, a supply SARY OF THE REPUBLIC DAY OF Mr. Beatty is a charter member of the Hope route to Afghanistan, by making available its AZERBAIJAN Area Chamber of Commerce Board of Direc- ground and Caspian naval transportation facili- tors where he held the positions of President, HON. STEVE COHEN ties. Vice President, and Secretary/Treasurer. The OF TENNESSEE Azerbaijan has emerged as a key player for Township of Hope recognized Mr. Beatty as IN THE HOUSE OF REPRESENTATIVES enhancing global energy security. The Baku- its Outstanding Citizen in 1998 and recognized him with the Founding Father award in 2009. Thursday, May 26, 2016 Tbilisi-Ceyhan oil pipeline and the Baku-Tbilisi- Erzurum gas pipeline are the main arteries de- The Warren County Chamber of Commerce Mr. COHEN. Mr. Speaker, I rise today to livering Caspian Sea energy resources to selected Mr. Beatty as its Business Person of recognize the 98th anniversary of the Republic the Year in 2002. In 2011 Warren County global markets, and completion of the South- Day of Azerbaijan, and to extend my best Community College inducted Mr. Beatty into ern Gas Corridor—which will run from the wishes to all Azerbaijanis as they celebrate its Hall of Fame. Republic Day. May 28th marks the founding of Caspian Sea through Azerbaijan, Georgia, I am proud to have Mr. Beatty as a member the Democratic Republic of Azerbaijan, when Turkey, Greece, and Albania into Italy—will in- of our community and want to recognize his the people of Azerbaijan first gained their crease the energy security of key American al- decades of service to Northern New Jersey, to independence from the Russian Empire in lies by increasing the amount of natural gas the banking industry, and to our nation. 1918. Although Azerbaijan’s independence from the Caspian Sea to European markets. f was ended by Soviet forces in 1920, it is note- Notably, Azerbaijan also provides roughly worthy that the Democratic Republic of Azer- BEAU MARTINEZ 40 percent of Israel’s oil consumption. What baijan was the world’s first secular parliamen- may be more surprising to some is that Azer- tary democratic republic in a predominantly baijan—a predominantly Muslim country—en- HON. ED PERLMUTTER Muslim nation—earning diplomatic recognition OF COLORADO joys friendly ties with Israel beyond oil sales. from the United States during the administra- IN THE HOUSE OF REPRESENTATIVES tion of President Woodrow Wilson. We also Jews have resided in Azerbaijan for 2,500 Thursday, May 26, 2016 recall, with admiration, that the Democratic years without persecution and today, the Jew- Republic of Azerbaijan granted universal suf- ish community in Azerbaijan numbers over Mr. PERLMUTTER. Mr. Speaker, I rise frage to its citizens in 1918, making it the first 12,000. Azerbaijan is also home to Christian today to recognize and applaud Beau Martinez Muslim country to give women the right to communities and has been praised for its reli- for receiving the Arvada Wheat Ridge Service vote. gious tolerance by the European Parliament. Ambassadors for Youth award. Following the collapse of the Soviet Union, Beau Martinez is a 12th grader at Wheat As co-chair of the Congressional Azerbaijan Azerbaijan restored its independence on Octo- Ridge High School and received this award ber 18, 1991, when its Parliament adopted the Caucus, I congratulate the people of Azer- because his determination and hard work Constitution Act on the Restoration of the baijan on the monumental occasion of Repub- have allowed him to overcome adversities. State of Independence of the Republic of lic Day in their national history. May the part- The dedication demonstrated by Beau Mar- Azerbaijan. nership between the United States and Azer- tinez is exemplary of the type of achievement The last twenty-five years of independence baijan progress and continue to benefit both of that can be attained with hard work and perse- have not been without challenges for the peo- our nations. verance. It is essential students at all levels

VerDate Sep 11 2014 06:47 May 27, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K26MY8.002 E26MYPT1 emcdonald on DSK3SPTVN1PROD with REMARKS E802 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2016 strive to make the most of their education and She will join her husband Chad Pigg and negotiations and resolving grievances. In develop a work ethic which will guide them for their young son, Beckam, in Atlanta, Georgia, 2006, Jim established a county-wide com- the rest of their lives. upon relinquishing her duties as Battalion mittee to develop a personnel policy manual I extend my deepest congratulations to Commander on June 3. I send Lieutenant that could be adopted by all Trumbull County Beau Martinez for winning the Arvada Wheat Colonel Pigg my thanks for a job well done elected officials. Ridge Service Ambassadors for Youth award. and a career of service in the United States In leading this committee, Jim exhibited not I have no doubt he will exhibit the same dedi- Army. only his extensive knowledge of human re- cation and character in all of his future accom- Mr. Speaker, I ask you and Members of the sources policy, but also his ability to lead and plishments. House to join me in congratulating Lieutenant establish consensus among county officials. f Colonel Sharlene Pigg on her hard work and The result was a personnel policy manual that dedication to the country during her career in was adopted and is now followed by all elect- PAYING TRIBUTE TO LIEUTENANT the Army. We wish her, her husband Chad, ed officials and departments in Trumbull COLONEL SHARLENE M. PIGG, AS and son Beckam all of the best. County government. This brings the entire SHE PREPARES TO RETIRE f county into legal compliance, fostering fairness AFTER 20 YEARS OF SERVICE TO and uniformity in human resources practices, THE UNITED STATES ARMY AND RECOGNIZING DR. GRAZYNA J. and significantly reduces the county’s liability TO OUR NATION KOZACZKA exposure. As a result of his success with the county- HON. ANDER CRENSHAW HON. JOHN KATKO wide policy manual in Trumbull County, Jim OF FLORIDA OF NEW YORK was tapped by the County Commissioners As- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES sociation of Ohio’s County Risk Sharing Au- thority (CORSA) in 2012 to be a member of Thursday, May 26, 2016 Thursday, May 26, 2016 the CORSA Personnel Policy Best Practices Mr. CRENSHAW. Mr. Speaker, I rise today Mr. KATKO. Mr. Speaker, I rise today to Panel. As a member of this Panel, which re- to pay tribute to the military service of Lieuten- recognize Dr. Grazyna Kozaczka. Dr. ceived the Ohio Public Employer Labor Rela- ant Colonel Sharlene M. Pigg, USA, as she of- Kozaczka is a native of Krakow, Poland, tions Association and National Public Em- ficially retires on September 1, 2016, after an where she received her doctoral degree in ployer Labor Relations Association 2013 exemplary 20-year career. Lieutenant Colonel American Literature from the Jagiellonian Uni- Pacesetter Awards, Jim helped take his suc- Pigg is finishing her career as the commander versity. Dr. Kozaczka is a distinguished schol- cess with a county-wide manual in Trumbull of the Army’s Jacksonville Recruiting Battalion ar and renowned Professor of English at County to counties throughout the State. Ulti- which covers 45,079 square miles, 609 zip Cazenovia College in Cazenovia, New York. mately, Jim’s leaves a professional and pro- codes, 87 counties, and is in the jurisdiction of Dr. Kozaczka is also the Director of the Hon- ductive labor-management environment he 377 public schools. In this role, she has ors Programs at Cazenovia College. has successfully fostered at Trumbull County. matched our tremendously talented North- Dr. Kozaczka will be honored at the 2016 In addition to his knowledge of labor law, eastern Florida youths with rewarding careers Syracuse, New York Polish Festival, receiving Jim is known for his common-sense, respect- in the United States Army. the ‘‘2016 Pole of the Year’’ Award. She will ful approach to labor negotiations. His profes- First enlisting in the Florida Army National be recognized for her dedication to studying sional and logical demeanor brings out the Guard in 1991, she served in communications Polish American history and for all of her best in both sides, and reduces the tendency and public affairs while earning her Bachelor scholarly achievements. for proceedings to become adversarial—right- of Arts Degree in Political Science at Stetson Dr. Kozaczka has published scholarly es- fully earning Jim a reputation for fairness in University and also participating in the ROTC says, short fiction, as well as popular articles negotiations. For his leadership in Trumbull program at Embry Riddle Aeronautical Univer- in both Polish and English. She is the Presi- County and for the example he has set for sity. Upon graduation, as a Distinguished dent of the Polish American Historical Asso- government hiring practices across State of Honor Graduate, she was commissioned as a ciation, a member of the Polish Institute of Ohio, Jim was awarded the 2014 Ohio Public Second Lieutenant in aviation in the United Arts and Sciences of America, and a member Employer Labor Relations Association’s States Army. She later completed the Army of The Jozef Pilsudski Institute of America and ‘‘Award of Excellence’’. Command and General Staff College. the Modern Language Association. Jim has served his city and his county, and Over the years, her career has led her to I am honored to recognize Dr. Grazyna J. he has earned the respect of his peers. We many and varied assignments both in the Kozaczka for her incredible scholarly accom- have been lucky to have him in our commu- United States and overseas. They include: plishments and for being named the ‘‘2016 nity, and Jim will now have an opportunity to 160th Signal Brigade Adjutant at Camp Arifjan, Pole of the Year’’ by the Syracuse Polish spend more time with his wonderful wife, Ber- Kuwait; Aide de Camp to the Army Forces Scholarship Fund, Inc. nadette, his three children, Brendan, Ryan and Command Deputy Commanding General; and f Mary Kathryn, and three grandchildren, Justin, Team Chief, Army Forces Command G–1 Alexis, and Donovan. Mr. Speaker, I wish Jim RECOGNIZING THE ACHIEVEMENT Strength Management Branch at Fort McPher- a great retirement. son, Georgia; Aide de Camp to the Com- AND SERVICE OF MR. JAMES W. f manding General of the Combined Security KEATING Transition Command, Afghanistan; Recruiting CONVENING OF THE ‘RELIGIONS Operations Officer for Georgia Tech Army HON. TIM RYAN AGAINST TERRORISM’ CON- ROTC, Atlanta, Georgia; Commander, Head- OF OHIO FERENCE TO BE HELD IN quarters and Headquarters Company, 1/210th IN THE HOUSE OF REPRESENTATIVES ASTANA, KAZAKHSTAN Aviation Regiment, Fort Rucker, Alabama; Battalion S–1, 1/52nd Aviation Battalion, K–16, Thursday, May 26, 2016 HON. ALCEE L. HASTINGS Korea; Assistant Brigade S–2, 159th Aviation Mr. RYAN of Ohio. Mr. Speaker, I am proud OF FLORIDA Brigade, Fort Campbell, Kentucky; Platoon to rise today to recognize the extraordinary IN THE HOUSE OF REPRESENTATIVES Leader, A/5–101st, Fort Campbell, Kentucky; service of Mr. James Keating. Jim, a lifelong and Executive Officer, Headquarters and resident of Warren, Ohio, recently announced Thursday, May 26, 2016 Headquarters Troop, 3/6 Cavalry Squadron, his retirement from a remarkable career span- Mr. HASTINGS. Mr. Speaker, I rise today to Camp Humphreys, Korea. ning 23 years as the Human Resources Direc- highlight the upcoming conference in Astana, Prior to coming to Jacksonville, Florida, tor for Trumbull County. Kazakhstan entitled ‘Religions Against Ter- Lieutenant Colonel Pigg served at the Pen- Jim had previously been the Human Re- rorism.’ I was honored to be invited to this tagon in two assignments: first as the Officer sources Director for Heltzel Steel and served conference by Chairman Tokayev, Chairman Policy Integrator for the Director of Military 12 years as an elected councilman in Warren. of the Senate of the Parliament of the Repub- Personnel Management, Army G–1 and most During his tenure at Trumbull County, Jim lic of Kazakhstan, and regret that I will not be recently, as the Women in the Army Branch managed labor relations with five bargaining able to attend this important event. Chief. In this position her team drafted the de- units within the Sheriff’s Office and four with The conference will bring together political tails of the Army’s plans to integrate women the American Federation of State, County and and religious leaders from around the world into combat units. Municipal Employees units, including contract who are dedicated to ensuring that religious

VerDate Sep 11 2014 06:47 May 27, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K26MY8.008 E26MYPT1 emcdonald on DSK3SPTVN1PROD with REMARKS May 26, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E803 freedom is the rule rather than the exception. Mr. Speaker, it is with great honor that I rec- A fundamental goal of JVTA is for victims of These leaders will also spend their valuable ognize Ms. Mary Babula today. human trafficking to be treated as victims and time discussing ways in which we can help f not criminals. This is addressed in a number defeat those who wish to pervert and twist reli- of provisions in the law, including a newly cre- gions into vehicles of hate and destruction. TESTIMONY OF CONGRESSMAN ated community-based block grant. The grant Between 2003 and 2012, Kazakhstan was TED POE (TX–02) TO THE TEXAS promotes the use of a collaborative model host to four important gatherings that drew LEGISLATURE: COMMITTEE ON (government and non-profits working together) senior members from many different religions JUDICIARY AND CIVIL JURIS- by cities and states to address child trafficking including Islam, Christianity, Buddhism, Juda- PRUDENCE IN REGARDS TO through the enhancement of anti-trafficking ism, Hinduism, and Taoism. By holding the CHARGE NO. 1 law enforcement units, the creation or continu- upcoming conference, Kazakhstan once again ation of problem solving courts like the GIRLS leads its region and the world in working to- HON. TED POE court in Houston, and shelters and services for ward a time when all religions are respected OF TEXAS victims. The bill also changes statutory lan- and those wishing to do harm under the color IN THE HOUSE OF REPRESENTATIVES guage that references child prostitution to child of religion are undermined and stopped from trafficking and encourages a safe harbor doing so at every turn. Thursday, May 26, 2016 model in the states. Mr. Speaker, under the leadership of Presi- Mr. POE of Texas. Mr. Speaker, as a former We also focus on the demand—buyers, dent Nazarbeyev, Kazakhstan has, since the Harris County Judge and prosecutor and the those that exploit women and children. While earliest days of its independence, been a val- cofounder and chairman of the Congressional many call these people ‘‘johns,’’ I call them ued leader in promoting religious tolerance. Victims’ Rights Caucus, protecting the most child molesters. John is a name from the This legacy continues with the upcoming ‘Reli- vulnerable in our society is a top priority for Bible, a good guy, not someone who pays gions Against Terrorism’ conference and will, I me. money to abuse a fellow person. JVTA clari- am sure, continue far into the future. I wish my I first learned about human trafficking when fies that those who buy sex from trafficking friends a successful conference and applaud I was overseas in the Ukraine and soon dis- victims are human traffickers, can and should their laudable efforts. covered that modern day slavery occurs in the be punished under federal law, and are sub- f United States as well, including all around ject to the same penalties as sellers. Gone are Texas, which is unfortunately a hub given its the days of boys being boys. We can no HONORING MARY BABULA proximity to the border and many large high- longer turn a blind eye to this crime. ways, ports, and airports. These core provisions of the legislation HON. MARK POCAN The United States views itself as a leader in guide JVTA as a whole as a victim-centered, OF WISCONSIN the fight against human trafficking, even going tough on crime, fiscally responsible measure that makes certain that the United States is IN THE HOUSE OF REPRESENTATIVES as far as to grade other countries on their ef- forts to combat trafficking in persons. Yet, be- truly a leader in ending modem day slavery. Thursday, May 26, 2016 fore the Justice for Victims of Trafficking Act I commend the Texas Legislature for mak- Mr. POCAN. Mr. Speaker, I rise today to (JVTA) became law, I heard about common ing our state a leader in fighting against the honor Mary Babula from Madison, Wisconsin issues from anti-trafficking organizations on scourge of human trafficking. I appreciate the who passed away at the end of last year. the national, state, and local levels as well as weight given to this important bill and look for- Mary dedicated her life to advocating for the law enforcement and local leaders: ward to continuing to work together to protect rights of children and teachers in her commu- The federal government barely funds efforts our children, the vulnerable in our society, and nity. While her presence in our district is sore- to combat trafficking in the United States. making sure the bad guys pay. ly missed, her legacy lives on in our commu- Trafficking victims are often arrested and A society will be judged by how it treats the nity. treated as criminals, but buyers are often not. most vulnerable. Mary Babula began her career in early Many Americans including those that inter- And that’s just the way it is. childhood care as a volunteer at Christian Day act with trafficking victims—law enforcement, Care Center in Madison while earning her educators, medical professionals, and others f Bachelor of Arts in Social Work at University —do not know about human trafficking or un- CALIE LINDEMANN of Wisconsin-Madison. After graduating, she derstand how to identify victims. became a teacher at the Christian Day Care A bipartisan, bicameral group of Members of Center and was later named its third Execu- Congress, led in the House by myself, a HON. ED PERLMUTTER tive Director. Mary also served as Director of Texas Republican, and Congresswoman OF COLORADO the Wisconsin Early Childhood Association CAROLYN MALONEY, a New York Democrat, IN THE HOUSE OF REPRESENTATIVES (WECA), where she tirelessly devoted her and in the Senate by a Texas Republican, Thursday, May 26, 2016 time advancing positive policy changes for Senator JOHN CORNYN, an Oregon Democrat, children by focusing on the needs of the pro- Senator RON WYDEN, who came together, rec- Mr. PERLMUTTER. Mr. Speaker, I rise fessionals who provided child care for Wiscon- ognizing these issues, and wrote a bill to ad- today to recognize and applaud Calie sin’s families. dress them, relying a lot on what we learned Lindemann for receiving the Arvada Wheat Under Mary’s leadership, WECA established from Texas, a trailblazer in addressing human Ridge Service Ambassadors for Youth award. the Wisconsin Child Care Improvement trafficking. Calie Lindemann is a 7th grader at Oberon Project, which launched Child Care Resource A core provision of JVTA is the Domestic Middle School and received this award be- and Referral agencies statewide. Throughout Trafficking Victims’ Fund. It is clear that more cause her determination and hard work have her time as director, Mary helped develop and resources need to be put towards human traf- allowed her to overcome adversities. refine multiple programs, including TEACH, ficking, but the question is where to get the The dedication demonstrated by Calie REWARD, YoungStar Conference and Train- money. The answer is to supplement current Lindemann is exemplary of the type of ing, and the Food Program, which continue to funding, which should be a priority through achievement that can be attained with hard provide support services to child care centers general appropriations, with financing from the work and perseverance. It is essential stu- around the state. In her spare time, Mary was criminals. Let those who harm vulnerable peo- dents at all levels strive to make the most of also a relentless advocate for the rights of ple pay for the damage they have caused. A their education and develop a work ethic children and early child care professionals at $5,000 special assessment is collected from which will guide them for the rest of their lives. the local, state, and federal level. those convicted of human trafficking and other I extend my deepest congratulations to Mary’s lifetime commitment to our commu- related charges, which goes into the Domestic Calie Lindemann for winning the Arvada nity and her work as an activist has been in- Trafficking Victims’ Fund to finance grant pro- Wheat Ridge Service Ambassadors for Youth valuable to Wisconsin. Her legacy will live on grams that address trafficking including law award. I have no doubt she will exhibit the through the services Wisconsin provides to its enforcement operations, training, and victims’ same dedication and character in all of her fu- children and families. services. ture accomplishments.

VerDate Sep 11 2014 06:47 May 27, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A26MY8.006 E26MYPT1 emcdonald on DSK3SPTVN1PROD with REMARKS E804 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2016 ACKNOWLEDGING THE REMARK- wish each of you the best in your future en- with Japan ended. Mr. Hart was promoted to ABLE ACHIEVEMENTS AND IN- deavors. sergeant and later earned another stripe as CREDIBLE PERSEVERANCE OF f staff sergeant. Mr. Hart was discharged at Ft. THE DEWEYVILLE HIGH SCHOOL Leavenworth, Kansas on June 26, 1946. TRIBUTE HONORING THE LIFE OF CLASS OF 2016 Following his time in the U.S. Army Air MR. VERDELL TRICE, A MAN Corps, Mr. Hart enrolled in the University of FOR ALL SEASONS HON. BRIAN BABIN Kentucky along with many other veterans. The OF TEXAS legendary coach Paul ‘‘Bear’’ Bryant began his IN THE HOUSE OF REPRESENTATIVES HON. DANNY K. DAVIS first year at the University of Kentucky that OF ILLINOIS Thursday, May 26, 2016 same year. IN THE HOUSE OF REPRESENTATIVES Mr. Hart married Beulah Moore in 1947 and Mr. BABIN. Mr. Speaker, I rise today on the Thursday, May 26, 2016 began his farming career. They have been floor of the United States House of Represent- married more than sixty eight years and have atives to acknowledge a group of inspiring Mr. DANNY K. DAVIS of Illinois. Mr. Speak- two adult children, three grandchildren, and a young men and women—the 56 members of er, Mr. Verdell Trice was no ordinary man. He new great-grandchild. Deweyville High school’s graduating class of was born and raised in Mississippi almost a Mr. Hart, now retired, farmed and raised to- 2016. From March 11 to March 28, 2016, hundred years ago. He joined the military, re- bacco crops for fifty years. He also worked in Deweyville, Texas, was subjected to unprece- turned home, got married, migrated to Chi- highway construction, ran a service station, dented rains and destructive flooding in which cago and lived a very active, involved and pro- and worked at the Lexington Bluegrass Army more than half of the student community lost ductive life. Mr. Trice had a business mind Depot. everything. and developed, managed and operated sev- In the face of this cataclysm, Deweyville’s eral productive businesses. As a part of the Greatest Generation, Mr. Senior Class of 2016 took selfless action to al- At one time Mr. Trice is reported to have Hart is to be commended for his service to his leviate the suffering within their community, owned 5 service stations on the Westside of country. Because of his willingness to sac- and strengthen the recovery effort. These sen- Chicago. He and his family were active mem- rifice, and the willingness of his fellow men iors helped collect, distribute, and serve food bers and leaders in the St. Paul CME Church, and women in uniform, our freedoms are se- to others across their community. They which he and his wife Mrs. Mattie Jennings cured. Mr. Hart truly is an outstanding Amer- worked hard to relocate Deweyville elementary Trice served with distinction. ican and an inspiration to us all. I am proud school equipment away from the flooding and Mr. Verdell Trice was an education activist to recognize his service before the United served as guides for disaster relief personnel. and leader. He worked with Marshall High States House of Representatives. And, after their community suffered the loss of School and was also President of the local their elementary school, Deweyville High school council and a real advocate for stu- f School students set aside their own conven- dents. PERSONAL EXPLANATION ience and opened up their high school facili- Mr. Verdell Trice was a ‘‘Black thinker’’ and ties to the elementary school students. community advocate. He helped to organize Mr. Speaker, the 2016 Deweyville High and sustain the 5th City Development Cor- HON. CANDICE S. MILLER School graduating seniors are to be acknowl- poration, organized and managed the 5th City OF MICHIGAN edged and celebrated as paragons of servant Automotive Center and was an active member IN THE HOUSE OF REPRESENTATIVES leadership. Students across the United States of State Senator Rickey Hendon’s political or- can learn from their example. ganization. Thursday, May 26, 2016 I want to take this time to personally com- Mr. Verdell Trice and his wife owned and Mrs. MILLER of Michigan. Mr. Speaker, on mend each and every one of the 2016 grad- lived in their home on the southeast side of Tuesday, May 24, 2016, I missed the following uates of Deweyville High School, both for their Chicago, but he was a true Westsider, and votes: H. Res. 742, H. Res. 743, H.R. 2576, academic achievement and for the hundreds spent the majority of his time in the East and H.R. 5077, and H.R. 897. of hours they labored to protect and restore West Garfield Park areas of Chicago. He and Had I been present, I would have voted their community and the 36th District of Texas. his brother, who died from an accident not ‘‘yes’’ on each of these roll call votes. You have my sincere gratitude and my thanks; long ago, were like two peas in a pod. They Torianna Elizabeth Allard, Alahna Nichole both worked into their nineties and left their f Apodaca, Caleb Jordan Bass, Charlotte Chris- marks on the communities where they lived tine Bates, Danna Marie Beecher, Jeridan and worked. CHRISTIAN MUCILLI David Brooks, Samantha Carol Burch, Dakota f Cliff Buxton, Benjamin Brock Carpenter, Trent HON. ED PERLMUTTER Michael Carpenter, Sarah Kathryn Carter, HONORING THE SERVICE OF Kylie Zale Chance, Jillian Marie Davis, Spen- FRANK HART, JR. OF COLORADO cer Allen Davis, Mallory Ruth Dotson, Shaylin IN THE HOUSE OF REPRESENTATIVES Nicole Dupuy, Trent David Forse, Abigail HON. ANDY BARR Thursday, May 26, 2016 Grace Gentz, Timothy Michael Gibbon, Triston OF KENTUCKY Mr. PERLMUTTER. Mr. Speaker, I rise Riley Gordon, Tiffanie Skylar Green, Mallory IN THE HOUSE OF REPRESENTATIVES Rene´ Hand, Nolan Todd Haney, Kayla Nicole today to recognize and applaud Christian Hanks, Hope Isabella Hardin, Jared Shayne Thursday, May 26, 2016 Mucilli for receiving the Arvada Wheat Ridge Hendrix, Jimmy Dale Hendrix, Mitchell Kyler Mr. BARR. Mr. Speaker, I rise to honor a Service Ambassadors for Youth award. Henson, Thomas Ryan Henson, Josey great American, Frank Hart, Jr. Mr. Hart was Christian Mucilli is a 12th grader at Wheat Myranda Hutto, Kobe Allen Jernigan, Brett born in 1926 in Sharpsburg, Kentucky. While Ridge High School and received this award Ryan Ladner, Ryan Russell Lee, Dalton Pat- a student at Sharpsburg High School in Janu- because his determination and hard work rick Marsh, Megan Ashley Mathis, Taylar ary of 1944, he enlisted as a reserve in the have allowed him to overcome adversities. Michelle May, Taylor Elise McKay, Callie Jor- US Army Air Corps. He graduated in May of The dedication demonstrated by Christian dan Nelms, Skylar Lee Nichols, Trey Allen 1944. Mucilli is exemplary of the type of achieve- Nicholson, Steven Brac Parkhurst, Dakota Mr. Hart entered the U.S. Army Air Corps ment that can be attained with hard work and Taylor Pelt, Blaze Dean Rainwater, Jason Don for active duty on August 8, 1944. He was in perseverance. It is essential students at all Reider, Lindsey Renee Schaffer, Cherry Faye training as an aviation cadet, but was phys- levels strive to make the most of their edu- Seaman, Naomi Brianne Sims, Melynda ically unable to serve. He then volunteered for cation and develop a work ethic which will Leanne Sizemore, Victoria Brooke Spell, gunnery school and was shipped to Florida for guide them for the rest of their lives. Kaleb Gene Stephenson, Dylan Scott Talbert, training. As a new corporal, he was sent in I extend my deepest congratulations to Layne Ray Verdine, Aaron Walter Webb, Mi- June of 1945 for training on a B–29 bomber Christian Mucilli for winning the Arvada Wheat chael Montgomery Williams, Ryan Duane Wil- crew as a ‘‘Right Scanner’’ on an Overseas Ridge Service Ambassadors for Youth award. liams, Zachary Taylor Wood. Training Unit. The training was to end on Au- I have no doubt he will exhibit the same dedi- Congratulations to each of you and thank gust 21 and all crews were set to be sent cation and character in all of his future accom- you for your commitment to serving others. I overseas. August 14 was V-J Day and the war plishments.

VerDate Sep 11 2014 06:47 May 27, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A26MY8.009 E26MYPT1 emcdonald on DSK3SPTVN1PROD with REMARKS May 26, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E805 HONORING THE EDISON 64 HONORING COLONEL BERT RICE ment to H.R. 5055, I mistakenly recorded my vote as no when I should have voted yes. HON. ROBERT A. BRADY HON. C. A. DUTCH RUPPERSBERGER f OF MARYLAND OF PENNSYLVANIA HUMAN RIGHTS DEFENDER AND IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES POLITICAL PRISONER, TRAN Thursday, May 26, 2016 Thursday, May 26, 2016 HUYNH DUY THUC Mr. RUPPERSBERGER. Mr. Speaker, I rise Mr. BRADY of Pennsylvania. Mr. Speaker, I before you today to recognize Colonel Bert HON. LORETTA SANCHEZ rise today to honor the Edison 64. These 64 Rice—a United States veteran and dedicated OF CALIFORNIA former Thomas Edison High School students civilian employee—on the occasion of his re- IN THE HOUSE OF REPRESENTATIVES from Philadelphia, Pennsylvania, made the ul- tirement after more than 60 years of service to timate sacrifice, giving their lives fighting in the his country. Thursday, May 26, 2016 Vietnam War—becoming the highest number A Montana native, Colonel Rice joined the Ms. LORETTA SANCHEZ of California. Mr. of casualties from the war experienced by any U.S. Army Reserves as a private in 1956. He Speaker, for the past few days, I’ve followed high school in the United States. earned his degree from Montana State Univer- President Obama’s engagement with the citi- Honoring these former students has been sity and, as an ROTC distinguished graduate, zens and government of Vietnam. It was a an ongoing tradition. In 1989, through private was commissioned a 2nd Lieutenant of infan- momentous occasion for the Vietnamese peo- funds and fundraising, staff and students dedi- try in 1959. He went on to achieve his Mas- ple to have their struggles acknowledged by cated a bronze memorial plaque for public dis- ter’s Degree in supervision and management the President of the United States. play in the new Edison-Fareira High School. A at Central Michigan University in 1977. I commend President Obama for empha- memorial garden was also built on the school Colonel Rice’s highly decorated active duty sizing human rights and promoting freedom of premises. Twenty-five years later, on Novem- career spanned 30 years, including two tours speech, assembly, and expression; as well as ber 8, 2014, a Pennsylvania Historical Marker of duty in Vietnam, where he flew armed heli- internet freedom, education and economic re- was dedicated on the site of the original copters and, in his second tour, commanded forms. Yet, I am disappointed that President Thomas A. Edison High School located at 8th Company B, 25th Aviation Battalion, 25th In- Obama did not call for the release of all polit- Street and Lehigh Avenue. This tradition of re- fantry Division. Colonel Rice also served in ical prisoners and did not publicly name the spect continues on to the present where an- Iran during its revolution in 1979. His many human rights activists who were detained and nual candle lighting ceremonies are held to stateside assignments include three years with prevented from meeting with him. honor the young men whose lives were ended the Pentagon. I would like to call attention to a courageous too early. The ceremonies are educational in In 2003, Colonel Rice was hired by the De- human rights defender and political prisoner, nature, the focus of which is sharing Edison’s partment of the Army at Fort Meade, Mary- Mr. Tran Huynh Duy Thuc. As a blogger and proud legacy with the current student body land, where he worked until his recent retire- entrepreneur, Mr. Thuc peacefully called for and new staff. Ceremonies are held prior to ment. He served as project officer and pro- political and economic reform in Vietnam. In gram manager for several important efforts the Memorial Day Holiday. Over a hundred 2009, Mr. Thuc was arrested, and in 2010, that included infrastructure improvements and veterans, some survivor families and many during a one-day trial, he was prosecuted for the major BRAC undertaking that brought Edison alumni attend this very special assem- ‘‘conducting activities aimed at overthrowing thousands of new jobs to the base and the re- bly. the people’s administration’’ under Article 79 gion. The newest honorarium for the Edison 64 of the Penal Code. The Vietnamese govern- While too numerous to mention in their en- ment sentenced him to 16 years imprisonment will take place on May 27, 2016. In com- tirety, Colonel Rice’s military decorations in- memoration of the sacrifice of these young and 5 years house arrest upon release. To clude the Silver Star, Legion of Merit, Distin- protest the ongoing injustices and mark the men and in recognition of the loss to the com- guished Flying Cross with OLC, Bronze Star seventh year of his unjust imprisonment in the munity, Luzerne Street between Whitaker Ave- with OLC, Joint Service Medal and the Army Nghe An prison, Mr. Thuc has begun an in- nue and North 5th Street (in front of the new Commendation Medal with OLC. He also has Edison High School located at 151 West definite hunger strike. many civilian accolades. I urge you to stand in solidarity with me to Luzerne Street) will be renamed ‘‘Edison 64 Colonel Rice’s many volunteer efforts reflect shine a light on Mr. Thuc’s plight as he coura- Memorial Street.’’ the servant-hearted manner in which he ap- geously fights for the basic freedoms and Mr. Speaker, the unselfish sacrifice, courage proached every aspect of his life. He served rights that Americans treasure. and dedication to the welfare of our country as Commander-in-Chief of the Military Order will never be forgotten and I ask that you and of World Wars, an organization for retired mili- f my distinguished colleagues join me in hon- tary. In 2007, Colonel Rice was named Great- CYNTHIA DOMINGUEZ oring the memory of the Edison 64. er Odenton Improvement Association’s Citizen of the Year for his community service. HON. ED PERLMUTTER f Colonel Rice is a dedicated husband to his wife of 56 years and a committed father to two OF COLORADO PERSONAL EXPLANATION Army combat veterans. He also has four IN THE HOUSE OF REPRESENTATIVES grandchildren. Thursday, May 26, 2016 HON. JOHN SHIMKUS Mr. Speaker, I have had the privilege of per- Mr. PERLMUTTER. Mr. Speaker, I rise OF ILLINOIS sonally knowing Colonel Rice since his days today to recognize and applaud Cynthia IN THE HOUSE OF REPRESENTATIVES serving on the Anne Arundel County Council. Dominguez for receiving the Arvada Wheat I know him to be a hard-working, patriotic and Thursday, May 26, 2016 Ridge Service Ambassadors for Youth award. ever-helpful community leader. I ask that you Cynthia Dominguez is a 12th grader at Mr. SHIMKUS. Mr. Speaker, on roll call No. join with me today to honor Colonel Bert Rice, Sobesky Academy and received this award 258 I mistakenly voted yea when I intended to whose life of service to the United States is because her determination and hard work vote nay. deserving of our deepest gratitude. It is with have allowed her to overcome adversities. great pride that I congratulate him on his re- The dedication demonstrated by Cynthia f tirement and wish him many more years of Dominguez is exemplary of the type of continued success and happiness. achievement that can be attained with hard PERSONAL EXPLANATION f work and perseverance. It is essential stu- PERSONAL EXPLANATION dents at all levels strive to make the most of HON. PETER WELCH their education and develop a work ethic OF VERMONT which will guide them for the rest of their lives. HON. KEITH ELLISON I extend my deepest congratulations to Cyn- IN THE HOUSE OF REPRESENTATIVES OF MINNESOTA thia Dominguez for winning the Arvada Wheat IN THE HOUSE OF REPRESENTATIVES Thursday, May 26, 2016 Ridge Service Ambassadors for Youth award. Mr. WELCH. Mr. Speaker, I would like to in- Thursday, May 26, 2016 I have no doubt she will exhibit the same dedi- dicate that I inadvertently voted ‘‘No’’ on Roll Mr. ELLISON. Mr. Speaker, during Roll Call cation and character in all of her future ac- Call 237. I intended to vote ‘‘Yes’’. Vote number 242 on the McNerney amend- complishments.

VerDate Sep 11 2014 06:47 May 27, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A26MY8.013 E26MYPT1 emcdonald on DSK3SPTVN1PROD with REMARKS E806 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2016 PERSONAL EXPLANATION ting that they are honored in our nation’s cap- work have allowed her to overcome adversi- ital. ties. HON. JOHN C. CARNEY, JR. After the long process of passing the cre- The dedication demonstrated by Dominique ation of the WWI memorial and creating and Sartirana is exemplary of the type of achieve- OF DELAWARE funding the WWI commission through Con- ment that can be attained with hard work and IN THE HOUSE OF REPRESENTATIVES gress, it was signed into law. Now, we have perseverance. It is essential students at all Thursday, May 26, 2016 finally arrived at a design for the National WWI levels strive to make the most of their edu- cation and develop a work ethic which will Mr. CARNEY. Mr. Speaker, I wish to clarify memorial at Pershing Park. The ‘‘Weight of guide them for the rest of their lives. my position on roll call vote 242 cast on May Sacrifice’’ was chosen by the WWI commis- I extend my deepest congratulations to 25, 2016. sion. Soon, veterans of the war to end all wars Dominique Sartirana for winning the Arvada On Roll Call Vote Number 242, on agreeing will be properly honored in our nation’s capital. This Memorial Day, we remember those Wheat Ridge Service Ambassadors for Youth to Mr. McNerney of California’s Amendment, I award. I have no doubt she will exhibit the voted ‘‘No.’’ It was my intention to vote ‘‘Aye.’’ who served and who did not make it back home. On Monday, I will be honoring our fall- same dedication and character in all of her fu- f en heroes at the Houston National Cemetery, ture accomplishments. THE WORST CASUALTY OF WAR IS as Americans across the nation observe this f TO BE FORGOTTEN day of remembrance. We remember their sac- RECOGNIZING CAROL SHIMIZU ON rifices and that of their families. To those who HER RETIREMENT gave their all to serve our country, America is HON. TED POE eternally grateful. We remember each and OF TEXAS every one of them because the worst casualty HON. ERIC SWALWELL IN THE HOUSE OF REPRESENTATIVES of war is to be forgotten. OF CALIFORNIA Thursday, May 26, 2016 And that is just the way it is. IN THE HOUSE OF REPRESENTATIVES Thursday, May 26, 2016 Mr. POE of Texas. Mr. Speaker, on Mon- f Mr. SWALWELL of California. Mr. Speaker, day, we celebrate Memorial Day and across HONORING THE LIFE AND LEGACY I rise to recognize Carol Shimizu on the occa- the nation Americans will gather to pay tribute OF MR. BOSIE EDWARDS to our soldiers, sailors, airmen and Marines sion of her retirement after 48 years of dedi- who go overseas and do not return. They are cated public service as an educator. from every state and territory. They are from HON. DANNY K. DAVIS Carol’s educational career began in 1968 as farms, ranches and cities. They are of all OF ILLINOIS a preschool and kindergarten teacher in Ger- races and both sexes. They are rich and poor, IN THE HOUSE OF REPRESENTATIVES many. She moved to San Jose where she went on to become a high school English and but generally they are young. They are patri- Thursday, May 26, 2016 ots, defenders of freedom and volunteers to childhood development teacher and later an serve our great nation. We remember all of Mr. DANNY K. DAVIS of Illinois. Mr. Speak- administrator. Shimizu was hired as principal those who have paid the ultimate sacrifice so er, Bosie Edwards was no ordinary man, he of Dublin High School (DHS) in 2004. that we can live freely. was multi-talented, seriously focused and Under her stewardship, both the physical It all started in 1868 when widows and good at practically everything that he did. I and academic environment at DHS has been girlfriends of soldiers killed in the War Be- have known him for many years because he transformed, and the school is now widely re- tween the States started putting flowers on the was always intimately connected and actively garded as one of the top high schools in Cali- graves of Confederate and Union soldiers in engaged in the community. He was an excel- fornia. The rate of students heading to four- Arlington Cemetery. And thus began what was lent social worker and was recognized as one year colleges has risen dramatically, with initially called ‘‘Dedication Day,’’ and now Me- of the top gang intervention and youth vio- graduates going on to the nation’s most pres- morial Day. lence prevention specialists in the city. Of tigious colleges, universities, and postsec- If we recall our history we must remember course that was only one aspect of his being. ondary programs. DHS saw its Academic Performance Index that during the War Between the States, there When it came to music he was top of the line, (API) climb every year during her tenure, were 350,000 Confederates that were killed a maestro, a band leader, a choreographer, a jumping from 793 to an all-time high of 880 in and 455,000 Union soldiers that were killed, smooth jazz, rhythm and blues music man, the last year the API was measured by the and regardless of the politics, they were all gentleman of leisure, and the top band in state. The number of honors and AP courses Americans—America’s youth. And thus began town. I have heard them many, many times offered increased from 12 to 24, while both what we now call Memorial Day, the last Mon- and never got enough. enrollment and scores for students taking AP, day in May. Finally Bosie has been a regular on cable SAT, ACT, and PSAT rose dramatically, earn- Memorial Day is a special event for people television with his own very interesting show which has been watched religiously by thou- ing DHS AP Honor Roll status from the Col- in Texas because, around 125,000 Texans are lege Board. serving our nation, today and every day. Tex- sands of individual on a regular basis. Yes, Bosie Edwards made a great impact Carol successfully initiated Academies and ans have always been willing to volunteer to Pathways in Engineering, BioMedical, Culinary support our country, and that says a lot about on the lives of those who knew and/or came into contact with him. Arts, Visual and Performing Arts, and Digital our country. Media. DHS also implemented a comprehen- In another war, the war to end all wars, I extend condolences to his family, friends and all who knew and loved him. sive College and Career Readiness program 5,000 Texans gave their lives. Boys who grew for all students, including the addition of the up on farms in Texas suddenly became men f ‘‘Gael Period’’, Freshmen Seminar, and the as they found themselves in the muddy, rainy, DOMINIQUE SARTIRANA Freshmen Mentoring Program. and bloody trenches an ocean away. In addition, under Carol’s leadership DHS’s Life in the trenches was hard. Men were facilities have been extensively modernized, constantly bombarded with artillery and ma- HON. ED PERLMUTTER remodeled, and rebuilt to support 21st century chine gun fire. And they often faced the dan- OF COLORADO learning. The $120 million of renovation and ger of going over the trenches and crossing IN THE HOUSE OF REPRESENTATIVES expansion overseen by Carol has successfully no man’s land, trying to repel the enemy Thursday, May 26, 2016 accommodated a campus population that has forces attempting the same. nearly doubled during her time as principal. In the midst of battle and in the face of the Mr. PERLMUTTER. Mr. Speaker, I rise Carol has fostered lasting, productive part- enemy, some men displayed tremendous gal- today to recognize and applaud Dominique nerships in the community and has laid the lantry and were awarded medals for their ac- Sartirana for receiving the Arvada Wheat groundwork for an ever-expanding offering of tions. However, the greatest casualty of war is Ridge Service Ambassadors for Youth award. programs and opportunities for all DHS stu- to be forgotten. More soldiers died during Dominique Sartirana is a 12th grader at dents. I wish to congratulate her on a long and World War I than in Korea, Vietnam, both Iraq Stanley Lake High School and received this distinguished career, and wish her health and Wars and Afghanistan combined. It is only fit- award because her determination and hard happiness in retirement.

VerDate Sep 11 2014 06:47 May 27, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A26MY8.019 E26MYPT1 emcdonald on DSK3SPTVN1PROD with REMARKS May 26, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E807 COMMEMORATING THE 80TH ANNI- freight train derailed in a densely residential on June 5, 2016 to honor the 86th anniversary VERSARY OF THE RMS ‘‘QUEEN neighborhood of the nation’s capital, disrupting of this historic decision. MARY’’ Metrorail, passenger rail, and freight rail serv- The struggle for legal clarity on whether or ice and putting families at risk. Among the de- not African Americans could continue to prac- HON. JANICE HAHN railed freight train cars, cars carrying sodium tice the tenants and principles of the Mystic Shrine began in 1914 after a lawsuit was filed OF CALIFORNIA hydroxide, calcium chloride and ethanol— in Georgia and a judge granted an injunction, IN THE HOUSE OF REPRESENTATIVES which is flammable and led to a Metrorail shutdown—spilled. The neighborhood was barring African Americans from using the Thursday, May 26, 2016 lucky that there were no injuries, but the con- names, titles, emblems, and regalia that were Ms. HAHN. Mr. Speaker, I rise to honor the tinuing threat to the safety and security of also used by Caucasian Shriners in the state. 80th Anniversary of the maiden voyage of the urban communities is clear. Several more lawsuits and injunctions in other RMS Queen Mary. In 2007, the House passed the Rail and states further limited African Americans abili- On May 27, 1936, over a quarter million Public Transportation Security Act of 2007, ties to participate in Masonic fraternities until a spectators were on hand in Southampton, which included my amendment to protect the case in 1918 expanded these restrictions na- England to experience the magnificent world District and similar communities nationwide tionwide. In 1926, the Texas Supreme Court debut of the Queen Mary. At the time, the from dangerous hazardous material shipments affirmed a lower court’s decision that barred Queen Mary was the most advanced ship ever by mandating that federal regulations and pen- African Americans from practicing Masonry in built, but its long storied history is what we are alties be developed to increase security and state and that decision was appealed to the truly celebrating this month. safety for the shipment of these materials United States Supreme Court. Finally, after 15 The Queen Mary was the grandest ocean through high-threat urban areas. My amend- long years of fighting a costly legal battle for liner in the world carrying dignitaries like Prime ment was not included in the final bill signed the right to exist and to legally practice, the Minister Winston Churchill, royalty like the into law. While freight companies have begun United States Supreme Court handed down a Duke and Duchess of Windsor, and Hollywood working with DOT to voluntarily reroute the unanimous decision on June 3, 1929, granting celebrities like Bob Hope and Clark Gable. shipment of certain materials that are toxic by African Americans the right to continue their When World War II began, this luxury ocean inhalation, poisonous by inhalation, or explo- participation in Masonic fraternities similar to liner was transformed into a key vessel for our sive from these communities, there is no fed- those of Caucasian Americans. Allied forces. The ship carried over 16,000 eral law requiring them to reroute the mate- Mr. Speaker, we are all aware of the tre- American soldiers from New York to Great rials. mendous contributions made by our local Britain. It continued operating throughout the This bill would require the DOT Secretary to Prince Hall Shriners to make our communities war, and due to the Queen Mary’s high speed issue regulations to require enhanced security better places. These selfless individuals give it was difficult for German U boats to catch it. measures for shipments of security-sensitive countless hours of service to our communities, On numerous occasions, the ship carried materials. The bill also requires railroad car- provide generous college scholarships to eco- Prime Minister Winston Churchill across the riers to use the most secure route and storage nomically disadvantaged youth, and contribute Atlantic for meetings with our fellow Allied pattern to avoid moving certain hazardous ma- significant funds to hospitals and research in- Forces. The ship was a key asset in assuring terials by rail through selected high-threat stitutions. All of these things would not be pos- our ultimate victory. urban areas. These security sensitive mate- sible without the Supreme Court’s decision in After our victory in Europe, thousands of our rials include a highway route-controlled quan- June 1929. brave soldiers traveled home onboard the tity of a Class 7 (radioactive) material; more Mr. Speaker, even after the Supreme Queen Mary, and were given a hero’s wel- than 25 kilograms of a division 1.1, 1.2, or 1.3 Court’s decision in 1929, the struggle for come as the vessel returned to American explosive; more than one liter per package of equality and recognition continued, and it con- ports. a material poisonous by inhalation; shipment tinues in many places to this day. In my home Today, the RMS Queen Mary is proudly in other than a bulk packaging of 2,268 kilo- state of North Carolina, it took until November docked in Long Beach, California. It serves as grams gross weight or more of one class of 21, 2008 for the Most Worshipful Prince Hall a treasured attraction where guests can come hazardous materials for which placarding of a Grand Lodge of Free and Accepted Masons of aboard and learn more about the history of vehicle, rail car, or freight container is re- North Carolina and Jurisdictions, Inc. to gain this extravagant vessel. The ship features a quired; and select agents or toxins regulated the acceptance and official recognition of their full service hotel and hosts school groups, by the Centers for Disease Control and Pre- white Masonic brothers of the Ancient, Free conventions and tourists from all over the vention. and Accepted Masons of North Carolina. world. To date, the Queen Mary has wel- High-profile derailments in North Dakota, Mr. Speaker, I ask my colleagues to join me comed over 60 million guests. Virginia, West Virginia, and Canada dem- in congratulating the 41st Imperial Potentate of Mr. Speaker, it is my privilege to help cele- onstrate the need for this legislation. Ethanol, Prince Hall Shriners, Rochelle J. Julian, in brate the 80th Anniversary of the RMS Queen which is flammable, still travels through big cit- commemorating the 86th anniversary of the Mary. I am proud to represent the City of Long ies, and even within a few blocks of the U.S. Supreme Court’s unanimous decision in An- Beach in my district, which has the great Capitol. This bill will protect our communities cient Egyptian Arabic Order of Nobles of the honor of having this truly magical vessel per- from the risk created by trains carrying haz- Mystic Shrine et al. v. Michaux et al, and in manently docked in its harbor. ardous materials. wishing a joyous celebration to everyone that will be in Washington, D.C. participating in the f I urge support for this bill. festivities for the National Jubilee Day Cele- f INTRODUCTION OF THE SAVE OUR bration. COMMUNITIES FROM RISKY IN HONOR OF NATIONAL JUBILEE f TRAINS ACT OF 2016 DAY BRITTANY VALENCIA HON. ELEANOR HOLMES NORTON HON. G. K. BUTTERFIELD HON. ED PERLMUTTER OF THE DISTRICT OF COLUMBIA OF NORTH CAROLINA OF COLORADO IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Thursday, May 26, 2016 Thursday, May 26, 2016 Thursday, May 26, 2016 Ms. NORTON. Mr. Speaker, in light of re- Mr. BUTTERFIELD. Mr. Speaker, I rise to Mr. PERLMUTTER. Mr. Speaker, I rise cent train derailments across the country and celebrate the very important Supreme Court today to recognize and applaud Brittany Va- ongoing transportation security threats, I rise decision in Ancient Egyptian Arabic Order of lencia for receiving the Arvada Wheat Ridge to introduce the Save Our Community from Nobles of the Mystic Shrine et al. v. Michaux Service Ambassadors for Youth award. Risky Trains Act of 2016, which directs the et al. that was handed down on June 3, 1929. Brittany Valencia is a 12th grader at Wheat U.S. Department of Transportation (DOT) to The Court’s unanimous decision in this case Ridge High School and received this award find ways to the greatest extent possible to re- affirmed the legal right of African Americans to because her determination and hard work route trains that are carrying certain haz- participate in fraternal orders similar to those have allowed her to overcome adversities. ardous materials from selected high-threat of Caucasian Americans. I also rise to cele- The dedication demonstrated by Brittany urban areas, including the District of Colum- brate the second annual Jubilee Day Celebra- Valencia is exemplary of the type of achieve- bia. Just this month, sixteen cars of a CSX tion that will occur here in Washington, D.C. ment that can be attained with hard work and

VerDate Sep 11 2014 06:47 May 27, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.023 E26MYPT1 emcdonald on DSK3SPTVN1PROD with REMARKS E808 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2016 perseverance. It is essential students at all tend my daughter’s graduation. Had I been dedicate their lives and work tirelessly to make levels strive to make the most of their edu- present I would have voted: sure our returning troops are receiving the cation and develop a work ethic which will 1. No—motion to suspend the rules and care and support they need. And thank you, guide them for the rest of their lives. pass H.R. 4889 (Roll Number 229). Had I Medal of Hope Society, for recognizing their I extend my deepest congratulations to Brit- been present, I would have voted no on H.R. noble commitment. tany Valencia for winning the Arvada Wheat 4889 (Roll Call 229). f Ridge Service Ambassadors for Youth award. 2. Aye—motion to suspend the rules and I have no doubt she will exhibit the same dedi- pass H.R. 3998 (Roll Number 230). Had I PERSONAL EXPLANATION cation and character in all of her future been present, I would have voted aye on H.R. accomplishments. 3998 (Roll Call 230). HON. KAY GRANGER f f OF TEXAS IN THE HOUSE OF REPRESENTATIVES HONORING THE LIFE OF MARTIN HONORING THE LIFE AND SAC- EUGENE (GENE) CAMPBELL RIFICE OF PURPLE STAR RECIPI- Thursday, May 26, 2016 ENT PAUL GOINS AND HIS TEAM Ms. GRANGER. Mr. Speaker, on Roll Call HON. ALCEE L. HASTINGS no. 248, had I been present, I would have voted Aye. On Roll Call no. 250, had I been OF FLORIDA HON. BRIAN BABIN present, I would have voted Aye. IN THE HOUSE OF REPRESENTATIVES OF TEXAS f Thursday, May 26, 2016 IN THE HOUSE OF REPRESENTATIVES OUR UNCONSCIONABLE NATIONAL Mr. HASTINGS. Mr. Speaker, I rise today to Thursday, May 26, 2016 DEBT honor the memory of Martin Eugene (Gene) Mr. BABIN. Mr. Speaker, I rise today to Campbell, who died on May 17, 2016. Mr. honor the life and sacrifice of Paul Goins and Campbell was a pioneering member of the five of his brave team members who lost their HON. MIKE COFFMAN Florida Legislature and later became an es- lives in support of America’s mission over- OF COLORADO sential figure in Belle Glade, Florida, where he seas. IN THE HOUSE OF REPRESENTATIVES served as Assistant Principal of Glades Cen- Paul’s path was defined by an abiding de- Thursday, May 26, 2016 tral High School for over 20 years, working sire to serve his country and seek out opportu- Mr. COFFMAN. Mr. Speaker, on January hand in hand with the late Dr. Effie C. Grear. nities to drive positive change—he answered 20, 2009, the day President Obama took of- Mr. Campbell was born in Gadsen, Alabama this call his entire life. After serving in the fice, the national debt was and earned a B.A. from Auburn University. His United States Marines, Paul worked with the $10,626,877,048,913.08. teaching career began in Germany, where he Federal Bureau of Prisons and the private Today, it is $19,223,047,535,897.31. We’ve met his wife Carmen. They returned to Palm sector before serving his country at the Com- added $8,596,170,486,984.23 to our debt in 6 Beach County where he taught American his- bined Security Transition Command in Afghan- years. This is over $7.5 trillion in debt our na- tory at Howell Watkins Junior High School. istan. On February 10, 2014, Paul (Goins was tion, our economy, and our children could After serving as president of the Palm training and equipping allies of the Inter- have avoided with a balanced budget amend- Beach County Classroom Teachers Associa- national Military Coalition in Kabul when he ment. tion, Mr. Campbell, a lifelong democrat, was was killed in an explosion. My prayers and elected to non-consecutive terms in the state condolences go out to Paul’s family; his chil- f legislature in 1974 and 1978, representing dren, grandchildren and his loving wife. CELINCE GALLEGOS West Palm Beach. I also honor five other members of Paul’s While in Tallahassee, he earned a reputa- team who were called abroad and gave the ul- HON. ED PERLMUTTER tion as a good-government reformer and as a timate sacrifice as they worked to make the OF COLORADO relentless champion for public education. world a safer place. These six recipients of the IN THE HOUSE OF REPRESENTATIVES Known as ‘‘Casino Geno,’’ Mr. Campbell intro- Purple Star receive an honor of the upmost duced legislation to expand gaming to Florida distinction for making the ultimate sacrifice Thursday, May 26, 2016 as early as 1975. Ahead of his time, Mr. while helping the United States of America ac- Mr. PERLMUTTER. Mr. Speaker, I rise Campbell was motivated solely by increasing complish vital security and foreign policy ob- today to recognize and applaud Celince teacher salaries and improving the quality of jectives across the globe. Gallegos for receiving the Arvada Wheat Florida’s education system. f Ridge Service Ambassadors for Youth award. Upon retiring from politics, he dedicated Celince Gallegos is a 12th grader at Stanley RECOGNIZING THE MEDAL OF himself to the Glades Central community and Lake High School and received this award be- HOPE SOCIETY became an unapologetic cheerleader for Belle cause her determination and hard work have Glade and the western Palm Beach County allowed her to overcome adversities. region. HON. BRAD R. WENSTRUP The dedication demonstrated by Celince Mr. Campbell was married to Carmen OF OHIO Gallegos is exemplary of the type of achieve- Campbell, a longtime fellow educator. The IN THE HOUSE OF REPRESENTATIVES ment that can be attained with hard work and couple had three children, Carmen, Donald Thursday, May 26, 2016 perseverance. It is essential students at all and Daniel, each of whom have dedicated levels strive to make the most of their edu- themselves to education as well. They are Mr. WENSTRUP. Mr. Speaker, I rise today cation and develop a work ethic which will blessed with four grandchildren. to recognize the Medal of Hope Society, an guide them for the rest of their lives. Mr. Campbell was a towering figure who en- organization in Ohio’s Second District com- I extend my deepest congratulations to gendered respect and love among everyone in mitted to honoring civilians among us who Celince Gallegos for winning the Arvada the political process and educational field. He proudly serve our wounded and fallen vet- Wheat Ridge Service Ambassadors for Youth was a good friend and mentor to many and erans. award. I have no doubt she will exhibit the will be dearly missed. Founded by one of my constituents, Mr. same dedication and character in all of her fu- f Richard Lynch, the Medal of Hope Society is ture accomplishments. an organization comprised of wounded military f PERSONAL EXPLANATION combat veterans & Gold Star family members. Every year, these men and women recognize HONORING NED WATERS HON. ELIZABETH H. ESTY a special civilian who demonstrates great OF CONNECTICUT dedication to our nation’s heroes, both living HON. DANIEL WEBSTER IN THE HOUSE OF REPRESENTATIVES and deceased, who have taken up arms in the OF FLORIDA War on Terror. IN THE HOUSE OF REPRESENTATIVES Thursday, May 26, 2016 As a veteran of this war, I have seen first- Ms. ESTY. Mr. Speaker, I want to state for hand the heroism and sacrifice of members of Thursday, May 26, 2016 the record that on Monday, May 23, I unfortu- our military. I’ve witnessed the bloodshed and Mr. WEBSTER of Florida. Mr. Speaker, it is nately missed two roll call votes in order to at- loss of life. So I sincerely thank those who with sincere appreciation that I recognize Ned

VerDate Sep 11 2014 06:47 May 27, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\K26MY8.013 E26MYPT1 emcdonald on DSK3SPTVN1PROD with REMARKS May 26, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E809 Waters for his extraordinary vision to establish the City of Louisville, I extend my best wishes of programs and opportunities for all Dublin Operation Outdoor Freedom which is spon- to Chuck as he begins his much-deserved re- students. I wish to congratulate him on his sored by Florida Commissioner of Agriculture, tirement. long and distinguished career, and wish him Adam Putnam. Recently, Mr. Waters an- f health and happiness in retirement. nounced his retirement from service with Op- PERSONAL EXPLANATION eration Outdoor Freedom. f Mr. Waters and his wife realized the need for a program to give back to wounded war- HON. JIM COSTA HONORING THE SERVICE AND riors coming back from war. By encouraging OF CALIFORNIA MEMORY OF WORLD WAR II SOL- all of his friends to donate time, money, prop- IN THE HOUSE OF REPRESENTATIVES DIER SECOND LIEUTENANT erty, and gifts, they started the program that Thursday, May 26, 2016 OWEN BAYLISS COFFMAN was then called the Wounded Warrior Sports- man Fund. Operation Outdoor Freedom pro- Mr. COSTA. Mr. Speaker, I inadvertently vides wounded veterans with outdoor activities voted ‘aye’ for the Clarifying Congressional In- HON. RAUL RUIZ that they enjoy at no cost. This program has tent in Providing for DC Home Rule Act of OF CALIFORNIA evolved from the first single outing to over 70 2016 (Roll Call No. 248) when my intention chapters statewide. Operation Outdoor Free- was to vote ‘no’ on the legislation. I support IN THE HOUSE OF REPRESENTATIVES dom grants wounded veterans a unique op- local budget autonomy for the District of Co- portunity for recreation and rehabilitation. By lumbia. Thursday, May 26, 2016 creating an atmosphere so that wounded war- f Mr. RUIZ. Mr. Speaker, I rise today to honor riors can spend time with like-minded vet- RECOGNIZING DR. STEPHEN the service and memory of World War II hero erans, Operation Outdoor Freedom has HANKE ON HIS RETIREMENT and soldier, Second Lieutenant Owen Bayliss changed many lives for the better. Coffman of Palm Springs, California. His re- I am truly grateful for Ned Waters’ work to markable life was cut short when he answered provide opportunities to wounded veterans HON. ERIC SWALWELL our nation’s call to service in the Second and Purple Heart Recipients who have fought OF CALIFORNIA World War. It is my intention to honor the to defend our freedom. Our community and IN THE HOUSE OF REPRESENTATIVES memory of this hero by recording the history our state are better due to his service. Thursday, May 26, 2016 of his service to our great country. f Mr. SWALWELL of California. Mr. Speaker, Owen Bayliss Coffman was born on Feb- RECOGNIZING THE RETIREMENT I rise to recognize Dr. Stephen Hanke on the ruary 1, 1920 in Palm Springs, California to OF CHUCK KAVANAUGH occasion of his retirement after 44 years of Owen Earl and Helen Ann Bayliss Coffman. dedicated public service as an educator. Owen attended school in Palm Springs, com- HON. JOHN A. YARMUTH Dr. Hanke served as a teacher, principal, pleting his primary school education at and assistant superintendent in four school OF KENTUCKY Frances Stevens School. For four years, districts before being appointed as Super- IN THE HOUSE OF REPRESENTATIVES Owen rode a bus from Palm Springs to Ban- intendent of the Dublin Unified School District ning High School, where he graduated in Thursday, May 26, 2016 (DUSD) in 2006. Under his stewardship, 1938. He left our Coachella Valley to attend DUSD has attained unprecedented levels of Mr. YARMUTH. Mr. Speaker, I rise today to Stanford University where he earned a bach- achievement. recognize the career of Charles J. ‘‘Chuck’’ elor’s degree in 1942. Owen strongly desired Kavanaugh as he retires after 20 years as Ex- DUSD saw its Academic Performance Index to serve his country in uniform, and a bad ecutive Vice President of the Building Industry (API) climb every year during his tenure to an back that never healed correctly after breaking Association of Greater Louisville, formerly the all-time high of 904 in 2013, the last year the it at the age of 20 almost kept him from mili- Home Builders Association of Louisville. API was measured by California. As the new tary service. While at Stanford, Owen enlisted For two decades, Chuck has helped con- Smarter Balanced Assessments (SBAC) struct and remodel houses throughout Louis- scores were released last fall, DUSD was in the U.S. Army Air Corps and came to active ville—places where families can build their once again among the highest-performing duty in 1943. Owen completed his basic train- own foundation for a successful future. He has school districts in the state. ing in Santa Ana, California and completed his also worked with businesses large and small Dr. Hanke successfully transformed the cul- flight training at March Field. He earned his to help grow and expand their factories, office ture and defined DUSD’s core values by cre- wings in Yuma, Arizona and was awarded the buildings, and workspaces, creating jobs and ating and implementing the Vision 20/20 Stra- rank of second lieutenant. Owen and his crew significantly impacting our local economy. tegic Plan. DUSD became focused on contin- shipped off to Peterborough, England. On his Under his leadership, the Building Industry uous improvement through the development of second bombing mission over Poland, his Association of Louisville has become second- a Professional Learning Community. As a re- crew was recalled over the North Sea. His largest of the nearly 700 homebuilders groups sult, six schools earned the distinction of being plane went down due to inclement weather. Of affiliated with the National Association of named a California Distinguished School. the ten men on his plane, seven were killed Home Builders. And his hard work and suc- Under Dr. Hanke’s leadership, DUSD also and three parachuted to safety. Owen sac- cess have not gone unnoticed by the NAHB, created a STEM Enrichment Academy and rificed his life in service to our country. who have previously named him ‘‘Executive emerged as a regional leader in putting tech- Owen was buried at the American Military Officer of the Year’’ and President of the As- nology in the classrooms. The infusion of Cemetery near Cambridge. His grandmother sociation’s Executive Officers Council, a posi- STEM combined with some of the state’s most wished for his remains to stay in England, tion he attained after being elected by his rigorous graduation requirements have made saying, ‘‘Leave him in the land of my ances- peers. students more prepared for college and career tors, where he will forever be honored with his Throughout his career at the Building Indus- success than ever before. fallen comrades.’’ try Association of Greater Louisville—and pre- In addition, Dr. Hanke’s tenure coincided viously as Vice President of the former Louis- with a period of rapid expansion, as he Mr. Speaker, Owen Bayliss Coffman is an ville Area Chamber of Commerce—Chuck has oversaw 40 modernization projects and the American hero whose life and service deserve spent his life helping others. He is also a addition of three elementary schools and a to the fullest extent our abilities to honor him. Founder of the Building Industries’ Charitable middle school. The signature enhancements It is with my deepest respect that I commend Foundation, where he has dedicated his time were $120 million of renovation and expansion and remember this brave young man from and effort to their important partnership with at Dublin High School, which is now regarded Palm Springs. Owen joined hands with count- YouthBuild and Kosair Charities. as one of the premier campuses in California. less other patriots to safeguard the freedoms I want to thank Chuck for his dedication to Despite the pressures of managing growth, we enjoy. He is a shining example to all of us, our community, his service to homeowners DUSD maintained financial stability even and it is my sincere hope that by preserving and business owners throughout our city, through the most difficult times. his memory, we inspire a new generation to and—above all—his advice and friendship dur- Dr. Hanke has fostered lasting, productive look to Second Lieutenant Owen Bayliss ing all these years. On behalf of the people of partnerships in the community and has laid Coffman’s shining example of self-less serv- Kentucky’s Third Congressional District and the groundwork for an ever-expanding offering ice, patriotism, and dedication to freedom.

VerDate Sep 11 2014 06:47 May 27, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A26MY8.032 E26MYPT1 emcdonald on DSK3SPTVN1PROD with REMARKS E810 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2016 COURTNEY CONERTY IN RECOGNITION OF CORPORAL order and stressors such as disease, habitat ROBERT L. SNOW loss, and pesticides. The Connecticut Bee- HON. ED PERLMUTTER keepers Association is working tirelessly to OF COLORADO HON. JOHN C. CARNEY, JR. save our pollinators. It’s bringing together bee- keepers, farmers, businesses, and consumers IN THE HOUSE OF REPRESENTATIVES OF DELAWARE IN THE HOUSE OF REPRESENTATIVES and educating the public about the importance Thursday, May 26, 2016 of honeybees. Thursday, May 26, 2016 Mr. PERLMUTTER. Mr. Speaker, I rise The Connecticut Beekeepers Association today to recognize and applaud Courtney Mr. CARNEY. Mr. Speaker, I rise today to knows that the best way to engage people in Conerty for receiving the Arvada Wheat Ridge recognize Corporal Robert L. Snow and his this important work is to keep it fun. They Service Ambassadors for Youth award. many years of service to the state of Dela- even brought live bees to a New Britain Bees Courtney Conerty is an 8th grader at Wood- ware. baseball game to show kids how hives work. row Wilson Academy and received this award When Mr. Snow first joined the New Castle I am proud to support the Connecticut Bee- because her determination and hard work County Police Department in 1968, he made keepers Association’s efforts for a healthy, have allowed her to overcome adversities. history as the first African American police offi- sustainable honeybee population in the future. The dedication demonstrated by Courtney cer for the NCCPD. His addition to the force On this historic anniversary, I commend the Conerty is exemplary of the type of achieve- came at a time of upheaval in Wilmington, as Connecticut Beekeepers Association on 125 ment that can be attained with hard work and violence and anger engulfed the city following years of excellence in beekeeping and envi- perseverance. It is essential students at all the murder of the Rev. Dr. Martin Luther King, ronmental stewardship. levels strive to make the most of their edu- Jr. f cation and develop a work ethic which will Despite these circumstances, Mr. Snow was TRIBUTE TO HILLIARD, OHIO PO- guide them for the rest of their lives. able to break down barriers by committing fully LICE OFFICER SEAN R. JOHNSON I extend my deepest congratulations to to his duties as a police officer, where he Courtney Conerty for winning the Arvada earned the respect and admiration of his col- Wheat Ridge Service Ambassadors for Youth leagues. Throughout his career, he dem- HON. STEVE STIVERS award. I have no doubt she will exhibit the onstrated a keen understanding of the impor- OF OHIO same dedication and character in all of her fu- tance of building lasting, positive relationships IN THE HOUSE OF REPRESENTATIVES in the community through compassion, respect ture accomplishments. Thursday, May 26, 2016 and professionalism. Most importantly, Mr. f Snow has always shown a willingness to put Mr. STIVERS. Mr. Speaker, I rise today to honor the life and service of Hilliard, Ohio Po- PERSONAL EXPLANATION the safety and security of others above his own. lice Officer Sean R. Johnson who passed Corporal Snow’s efforts have made a dif- away last week in a tragic training accident. HON. BILL HUIZENGA ference for future generations by paving the Officer Johnson’s dedication to public serv- OF MICHIGAN way and setting an example for police officers ice was evident as he made the decision to IN THE HOUSE OF REPRESENTATIVES across our state. Many continue to be inspired join the Air Force after graduating high school Thursday, May 26, 2016 by Mr. Snow’s bravery and ability to conquer in 1988. After serving in the military and earn- racism in becoming an exemplary member of ing the rank of Senior Airman, Officer Johnson Mr. HUIZENGA of Michigan. Mr. Speaker, I the law enforcement community for 20 years. was Honorably Discharged and soon brought rise today regarding missed votes on Monday, As Delaware’s lone member of the U.S. on at the Fairfield County Sheriffs Department May 23, 2016 and Tuesday, May 24, 2016 House of Representatives, I am grateful for his in 1995. At the Fairfield County Sheriff’s De- due to my son’s graduation from high school. dedication to public safety and I’m honored to partment, he graduated from the Police Acad- Had I been present for roll call vote number join in recognizing his distinguished career. emy and worked as a Special Deputy until 229, H.R. 4889, the Kelsey Smith Act, I would Once again, I’d like to thank Corporal Snow 1997. have voted ‘‘nay.’’ for his service, and to congratulate him on the After working in court security and as a liq- Had I been present for roll call vote number dedication of the Community/Training Room at uor control agent, Officer Johnson joined the 230, H.R. 3998, the Securing Access to Net- the Cpl. Paul J. Sweeney Public Safety Build- Hilliard Division of Police in October 1999, and works in Disaster Act, I would have voted ing in his honor. would stay with the department for the next 16 ‘‘yea.’’ f years. Throughout his time with the Hilliard Di- Had I been present for roll call vote number vision of Police, he was distinguished as one 231, Ordering the Previous Question for H. IN HONOR OF THE 125TH ANNIVER- of the most valuable members of the depart- Res. 743, I would have voted ‘‘yea.’’ SARY OF THE CONNECTICUT ment, earning numerous Achievement Cita- Had I been present for roll call vote number BEEKEEPERS ASSOCIATION tions for his service above the normal call of 232, H. Res. 743, Adoption of the Rule Pro- duty in dangerous circumstances. viding for Consideration of H.R. 5055, I would HON. ELIZABETH H. ESTY He was also active in the community as a have voted ‘‘yea.’’ OF CONNECTICUT Crisis Intervention Team Officer, where he Had I been present for roll call vote number IN THE HOUSE OF REPRESENTATIVES was well known for calming and talking to 233, Ordering the Previous Question for H. people during difficult times in their lives. Thursday, May 26, 2016 Res. 742, I would have voted ‘‘yea.’’ While serving, Officer Johnson earned an As- Had I been present for roll call vote number Ms. ESTY. Mr. Speaker, I rise to recognize sociate’s Degree in Law Enforcement from 234, H. Res. 742, Adoption of the Rule Pro- the Connecticut Beekeepers Association, Columbus State Community College. All of viding for Consideration of H.R. 897 and H.R. which is celebrating its 125th anniversary this this, he did while also being a father to two 2576, I would have voted ‘‘yea.’’ weekend. The Connecticut Beekeepers Asso- children. Had I been present for roll call vote number ciation is vital to promoting and protecting I’m extremely thankful for the service of Offi- 235, H.R. 5077, the Intelligence Authorization honeybees in communities across Con- cer Sean Johnson and all first responders. Act for Fiscal Year 2017, I would have voted necticut. The appreciation our state’s bee- f ‘‘yea.’’ keepers receive doesn’t come close to match- Had I been present for roll call vote number ing their impact on our health and our econ- DESTINY MARTINEZ 236, the Democrat Motion to Recommit H.R. omy. 897, I would have voted ‘‘nay.’’ Honeybees pollinate one-third of the food on HON. ED PERLMUTTER Had I been present for roll call vote number our plates and roughly 90 crops found in the OF COLORADO 237, H.R. 897, the Zika Vector Control Act, I United States. To give you an idea of the role IN THE HOUSE OF REPRESENTATIVES would have voted ‘‘yea.’’ honeybees play in our food security, picture Had I been present for roll call vote number walking into your local grocery store and find- Thursday, May 26, 2016 238, Passage of the House Amendment to the ing the produce aisles half-empty. That’s what Mr. PERLMUTTER. Mr. Speaker, I rise Senate Amendment to H.R. 2576, the Frank a future without honeybees would look like. today to recognize and applaud Destiny Mar- R. Lautenberg Chemical Safety for the 21st Unfortunately, honeybees are dying off at an tinez for receiving the Arvada Wheat Ridge Century Act, I would have voted ‘‘yea.’’ alarming rate, due to Colony Collapse Dis- Service Ambassadors for Youth award.

VerDate Sep 11 2014 06:47 May 27, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\K26MY8.015 E26MYPT1 emcdonald on DSK3SPTVN1PROD with REMARKS May 26, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E811 Destiny Martinez is a 12th grader at Stanley ment that can be attained with hard work and I extend my deepest congratulations to Des- Lake High School and received this award be- perseverance. It is essential students at all tiny Martinez for winning the Arvada Wheat cause her determination and hard work have levels strive to make the most of their edu- Ridge Service Ambassadors for Youth award. allowed her to overcome adversities. cation and develop a work ethic which will I have no doubt she will exhibit the same dedi- The dedication demonstrated by Destiny guide them for the rest of their lives. cation and character in all of her future ac- Martinez is exemplary of the type of achieve- complishments.

VerDate Sep 11 2014 06:47 May 27, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\K26MY8.016 E26MYPT1 emcdonald on DSK3SPTVN1PROD with REMARKS Thursday, May 26, 2016 Daily Digest Senate treat all athletes with the same respect and dignity, Chamber Action and the resolution was then agreed to. Pages S3256–57 Routine Proceedings, pages S3231–S3383 Barry G. Miller Post Office: Senate passed S. Measures Introduced: Twenty-four bills and three 2465, to designate the facility of the United States resolutions were introduced, as follows: S. Postal Service located at 15 Rochester Street in Ber- 2993–3016, and S. Res. 479–481. Pages S3290–91 gen, New York, as the Barry G. Miller Post Office. Measures Reported: Page S3377 S. 2127, to provide appropriate protections to pro- Kenneth M. Christy Post Office Building: Senate bationary Federal employees, to provide the Special passed S. 2891, to designate the facility of the Counsel with adequate access to information, to pro- United States Postal Service located at 525 North vide greater awareness of Federal whistleblower pro- Broadway in Aurora, Illinois, as the ‘‘Kenneth M. tections, with an amendment in the nature of a sub- Christy Post Office Building’’. Pages S3377–78 stitute. (S. Rept. No. 114–262) Camp Pendleton Medal of Honor Post Office: S. 3000, making appropriations for the Depart- Senate passed H.R. 136, to designate the facility of ment of Defense for the fiscal year ending September the United States Postal Service located at 1103 30, 2017. (S. Rept. No. 114–263) USPS Building 1103 in Camp Pendleton, California, S. 3001, making appropriations for the Depart- as the ‘‘Camp Pendleton Medal of Honor Post Of- ment of Homeland Security for the fiscal year ending fice’’. Page S3378 September 30, 2017. (S. Rept. No. 114–264) Report to accompany S. 552, to amend the Small W. Ronald Coale Memorial Post Office Build- Business Investment Act of 1958 to provide for in- ing: Senate passed H.R. 1132, to designate the facil- creased limitations on leverage for multiple licenses ity of the United States Postal Service located at under common control. (S. Rept. No. 114–265) 1048 West Robinhood Drive in Stockton, California, as the ‘‘W. Ronald Coale Memorial Post Office Report to accompany S. 966, to extend the low- Building’’. Page S3378 interest refinancing provisions under the Local De- velopment Business Loan Program of the Small Busi- Lionel R. Collins, Sr. Post Office Building: Sen- ness Administration. (S. Rept. No. 114–266) ate passed H.R. 2458, to designate the facility of the Report to accompany S. 967, to require the Small United States Postal Service located at 5351 Lapalco Business Administration to make information relat- Boulevard in Marrero, Louisiana, as the ‘‘Lionel R. ing to lenders making covered loans publicly avail- Collins, Sr. Post Office Building’’. Page S3378 able. (S. Rept. No. 114–267) Harold George Bennett Post Office: Senate passed Report to accompany S. 1001, to establish author- H.R. 2928, to designate the facility of the United ization levels for general business loans for fiscal States Postal Service located at 201 B Street in Per- years 2015 and 2016. (S. Rept. No. 114–268) ryville, Arkansas, as the ‘‘Harold George Bennett Report to accompany S. 1292, to amend the Small Post Office’’. Page S3378 Business Act to treat certain qualified disaster areas Daryle Holloway Post Office Building: Senate as HUBZones and to extend the period for passed H.R. 3082, to designate the facility of the HUBZone treatment for certain base closure areas. United States Postal Service located at 5919 Chef (S. Rept. No. 114–269) Page S3290 Menteur Highway in New Orleans, Louisiana, as the Measures Passed: ‘‘Daryle Holloway Post Office Building’’. Page S3378 United States Soccer Federation Equal Pay: Francis Manuel Ortega Post Office: Senate Committee on Health, Education, Labor, and Pen- passed H.R. 3274, to designate the facility of the sions was discharged from further consideration of S. United States Postal Service located at 4567 Res. 462, urging the United States Soccer Federation Rockbridge Road in Pine Lake, Georgia, as the to immediately eliminate gender pay inequity and ‘‘Francis Manuel Ortega Post Office’’. Page S3378 D594

VerDate Sep 11 2014 06:53 May 27, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D26MY6.REC D26MYPT1 emcdonald on DSK3SPTVN1PROD with DIGEST May 26, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D595 Melvoid J. Benson Post Office Building: Senate Mental Health Month: Senate agreed to S. Res. passed H.R. 3601, to designate the facility of the 480, supporting the designation of May 2016 as United States Postal Service located at 7715 Post ‘‘Mental Health Month’’. Pages S3380–81 Road, North Kingstown, Rhode Island, as the Asian/Pacific American Heritage Month: Senate ‘‘Melvoid J. Benson Post Office Building’’. agreed to S. Res. 481, recognizing the significance Page S3378 of May 2016 as Asian/Pacific American Heritage Maya Angelou Memorial Post Office: Senate Month and as an important time to celebrate the passed H.R. 3735, to designate the facility of the significant contributions of Asian Americans and Pa- United States Postal Service located at 200 Town cific Islanders to the history of the United States. Run Lane in Winston Salem, North Carolina, as the Page S3381 ‘‘Maya Angelou Memorial Post Office’’. Page S3378 Measures Considered: First Lieutenant Salvatore S. Corma II Post Of- National Defense Authorization Act—Agree- fice Building: Senate passed H.R. 3866, to des- ment: Senate continued consideration of the motion ignate the facility of the United States Postal Service to proceed to consideration of S. 2943, to authorize located at 1265 Hurffville Road in Deptford Town- appropriations for fiscal year 2017 for military ac- ship, New Jersey, as the ‘‘First Lieutenant Salvatore tivities of the Department of Defense, for military S. Corma II Post Office Building’’. Page S3378 construction, and for defense activities of the Depart- Second Lt. Ellen Ainsworth Memorial Post Of- ment of Energy, to prescribe military personnel fice: Senate passed H.R. 4046, to designate the facil- strengths for such fiscal year. Pages S3234–53 ity of the United States Postal Service located at 220 A unanimous-consent agreement was reached pro- East Oak Street, Glenwood City, Wisconsin, as the viding that on Monday, June 6, 2016, notwith- Second Lt. Ellen Ainsworth Memorial Post Office. standing rule XXII, following morning business, the Page S3378 motion to proceed to consideration of the bill, be Sgt. 1st Class Terryl L. Pasker Post Office agreed to; Senate begin consideration of the bill, and Building: Senate passed H.R. 4605, to designate the Senator Fischer, or her designee, be recognized to facility of the United States Postal Service located at offer Amendment No. 4206; provided further, that 615 6th Avenue SE in Cedar Rapids, Iowa as the the time until 5:30 p.m., be equally divided be- ‘‘Sgt. 1st Class Terryl L. Pasker Post Office Build- tween the managers, or their designees, and that at ing’’. Page S3378 5:30 p.m., Senate vote on or in relation to Fischer Amendment No. 4206, with no second-degree Specialist Ross A. McGinnis Memorial Post Of- amendments in order to the amendment, prior to the fice: Committee on Homeland Security and Govern- vote. Page S3250 mental Affairs was discharged from further consider- ation of H.R. 433, to designate the facility of the Appointments: United States Postal Service located at 523 East Board of Trustees of the American Folklife Cen- Railroad Street in Knox, Pennsylvania, as the ‘‘Spe- ter of the Library of Congress: The Chair, on behalf cialist Ross A. McGinnis Memorial Post Office’’, and of the President pro tempore, pursuant to Public the bill was then passed. Page S3378 Law 94–201, as amended by Public Law 105–275, Patents for Humanity Program Improvement appointed the following individual as a member of Act: Committee on the Judiciary was discharged the Board of Trustees of the American Folklife Cen- from further consideration of S. 1402, to allow accel- ter of the Library of Congress: John Patrick Rice, of eration certificates awarded under the Patents for Nevada, vice Patricia Atkinson, of Nevada. Humanity Program to be transferable, and the bill Page S3376 was then passed. Pages S3378–79 Authorizing Leadership to Make Appoint- National Foster Care Month: Committee on ments—Agreement: A unanimous-consent agree- Health, Education, Labor, and Pensions was dis- ment was reached providing that notwithstanding charged from further consideration of S. Res. 466, the upcoming adjournment of the Senate, the Presi- recognizing National Foster Care Month as an op- dent of the Senate, the President pro tempore, and portunity to raise awareness about the challenges of the Majority and Minority Leaders be authorized to children in the foster-care system, and encouraging make appointments to commissions, committees, Congress to implement policy to improve the lives boards, conferences, or interparliamentary conferences of children in the foster-care system, and the resolu- authorized by law, by concurrent action of the two tion was then agreed to. Pages S3379–80 houses, or by order of the Senate. Page S3381

VerDate Sep 11 2014 06:53 May 27, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D26MY6.REC D26MYPT1 emcdonald on DSK3SPTVN1PROD with DIGEST D596 CONGRESSIONAL RECORD — DAILY DIGEST May 26, 2016 Pro Forma—Agreement: A unanimous-consent 6 Army nominations in the rank of general. agreement was reached providing that the Senate ad- 1 Marine Corps nomination in the rank of general. journ, to then convene for pro forma sessions only, Routine lists in the Air Force, Army, and Navy. with no business being conducted, on the following Page S3382 dates and times, and that following each pro forma Messages from the House: Pages S3286–87 session, the Senate adjourn until the next pro forma session: Friday, May 27, 2016, at 12:30 p.m.; Tues- Measures Referred: Page S3287 day, May 31, 2016, at 8:30 a.m.; and Friday, June Measures Placed on the Calendar: Page S3287 3, 2016, at 1 p.m.; that when the Senate adjourns Measures Read the First Time: Page S3287 on Friday, June 3, 2016, it next convene at 2 p.m., on Monday, June 6, 2016; and that following Leader Executive Communications: Pages S3287–89 remarks, Senate be in a period of morning business Petitions and Memorials: Pages S3289–90 until 4 p.m. Page S3381 Additional Cosponsors: Pages S3291–94 Nomination Referral—Agreement: A unanimous- Statements on Introduced Bills/Resolutions: consent agreement was reached providing that upon Pages S3294–98 the reporting out of, or discharge of PN1385 (which has been referred to the Committee on Commerce, Additional Statements: Pages S3284–86 Science, and Transportation), the nomination then be Amendments Submitted: Pages S3298–S3375 referred to the Committee on Armed Services for a Authorities for Committees to Meet: Page S3375 period not to exceed 45 calendar days, after which the nomination, if still in committee, be discharged Privileges of the Floor: Pages S3375–76 and placed on the Executive Calendar. Page S3376 Record Votes: One record vote was taken today. Nominations Confirmed: Senate confirmed the fol- (Total—88) Page S3255 lowing nominations: Adjournment: Senate convened at 9:30 a.m. and Laura S. H. Holgate, of Virginia, to be Represent- adjourned at 6:31 p.m., until 12:30 p.m. on Friday, ative of the United States of America to the Vienna May 27, 2016. (For Senate’s program, see the re- Office of the United Nations, with the rank of Am- marks of the Majority Leader in today’s Record on bassador. Pages S3255, S3382–83 page S3381.) By 67 yeas to 29 nays (Vote No. EX. 88), Laura S. H. Holgate, of Virginia, to be the Representative of the United States of America to the International Committee Meetings Atomic Energy Agency, with the rank of Ambas- (Committees not listed did not meet) sador. Page S3255 4 Air Force nominations in the rank of general. U.S. LIVESTOCK AND POULTRY SECTORS 38 Army nominations in the rank of general. Committee on Agriculture, Nutrition, and Forestry: Com- 10 Marine Corps nominations in the rank of gen- mittee concluded a hearing to examine a review of eral. the United States livestock and poultry sectors, fo- 6 Navy nominations in the rank of admiral. cusing on marketplace opportunities and challenges, Routine lists in the Air Force, Army, Foreign after receiving testimony from Tracy Brunner, Na- Service, Marine Corps, and Navy. Pages S3382–83 tional Cattlemen’s Beef Association, Ramona, Kan- Nominations Received: Senate received the fol- sas; Ron Truex, Creighton Brothers, LLC, Atwood, lowing nominations: Indiana, on behalf of the United Egg Producers; Marguerite Salazar, of Colorado, to be a Member Howard Hill, National Pork Producers Council, of the Board of Directors of the National Association Cambridge, Iowa; Joe Goggins, Vermillion Ranch of Registered Agents and Brokers for a term of two Co., Billings, Montana, on behalf of the United years. States Cattlemen’s Association; and John Zimmer- Thomas Atkin, of Virginia, to be an Assistant man, National Turkey Federation, Northfield, Min- Secretary of Defense. nesota. Daniel P. Feehan, of the District of Columbia, to be an Assistant Secretary of Defense. BUSINESS MEETING Rebecca F. Dye, of North Carolina, to be a Fed- Committee on Appropriations: Committee ordered favor- eral Maritime Commissioner for the term expiring ably reported the following business items: June 30, 2020. An original bill (S. 3000) making appropriations Peter Michael McKinley, of Virginia, to be Am- for the Department of Defense for the fiscal year bassador to the Federative Republic of Brazil. ending September 30, 2017; and

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An original bill (S. 3001) making appropriations protecting America from the threat of ISIS, after re- for the Department of Homeland Security for the fis- ceiving testimony from Alejandro N. Mayorkas, cal year ending September 30, 2017. Deputy Secretary of Homeland Security; and Justin U.S. HEROIN EPIDEMIC Siberell, Acting Coordinator for Counterterrorism, Department of State. Committee on Foreign Relations: Subcommittee on Western Hemisphere, Transnational Crime, Civilian LOAN GUARANTY PROGRAM Security, Democracy, Human Rights, and Global Committee on Small Business and Entrepreneurship: Com- Women’s Issues concluded a hearing to examine car- mittee concluded a hearing to examine the Small tels and the United States heroin epidemic, focusing Business Administration’s 7(a) loan guaranty pro- on combating drug violence and the public health crisis, after receiving testimony from Daniel L. gram, including S. 2992, to amend the Small Busi- Foote, Deputy Assistant Secretary of State, Bureau of ness Act to strengthen the Office of Credit Risk International Narcotics and Law Enforcement Affairs; Management of the Small Business Administration, Kemp L. Chester, Associate Director and Chief of after receiving testimony from Maria Contreras- the National Heroin Coordination Group, Office of Sweet, Administrator, Small Business Administra- National Drug Control Policy; Mayor Teresa Jacobs, tion. Orange County, Florida; and Steven Dudley, InSight INTELLIGENCE Crime, Washington, D.C. Select Committee on Intelligence: Committee held closed PROTECTING AMERICA FROM ISIS hearings on intelligence matters, receiving testimony Committee on Homeland Security and Governmental Af- from officials of the intelligence community. fairs: Committee concluded a hearing to examine Committee recessed subject to the call. h House of Representatives 2016, with an amendment consisting of the text of Chamber Action Rules Committee Print 114–56. Pages H3270–80 Public Bills and Resolutions Introduced: 36 pub- H. Res. 751, relating to consideration of the Sen- lic bills, H.R. 5336–5371; and 9 resolutions, H. ate amendment to the bill (H.R. 2577), by a re- Con. Res. 134; and H. Res. 755–762, were intro- corded vote of 233 ayes to 180 noes, Roll No. 268, duced. Pages H3293–95 after the previous question was ordered by a yea-and- Additional Cosponsors: Pages H3296–97 nay vote of 236 yeas to 180 nays, Roll No. 267. Reports Filed: Reports were filed today as follows: Pages H3283–84 H.R. 4166, to amend the Securities Exchange Act Energy and Water Development and Related of 1934 to provide specific credit risk retention re- Agencies Appropriations Act, 2017: The House quirements to certain qualifying collateralized loan failed to pass H.R. 5055, making appropriations for obligations, with an amendment (H. Rept. energy and water development and related agencies 114–596); and for the fiscal year ending September 30, 2017, by a H.R. 4620, to amend the Securities Exchange Act yea-and-nay vote of 112 yeas to 305 nays, Roll No. of 1934 to exempt certain commercial real estate 266. Consideration began Tuesday, May 24th. loans from risk retention requirements, and for other Pages H3280–83 purposes (H. Rept. 114–597). Page H3293 Rejected the Langevin motion to recommit the Journal: The House agreed to the Speaker’s approval bill to the Committee on Appropriations with in- of the Journal by voice vote. Pages H3269, H3285 structions to report the same back to the House Transportation, Housing and Urban Develop- forthwith with an amendment, by a yea-and-nay vote ment, and Related Agencies Appropriations Act, of 178 yeas to 236 nays, Roll No. 265. 2016: Pursuant to H. Res. 751, the House concurred Pages H3281–82 in the Senate amendment to H.R. 2577, making ap- H. Res. 743, the rule providing for consideration propriations for the Departments of Transportation, of the bill (H.R. 5055) was agreed to May 24th. and Housing and Urban Development, and related Transportation, Housing and Urban Develop- agencies for the fiscal year ending September 30, ment, and Related Agencies Appropriations Act,

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2016—Motion to Go to Conference: The House 4006, 4101, subtitle C of title IV, secs. 4402, 4404, agreed by voice vote to the Rogers (KY) motion to 4406, 4720, 4721, 4727, 4728, and 4737 of the take from the Speaker’s table the bill (H.R. 2577) Senate bill, and sec. 1109 and title VII of Division making appropriations for the Departments of Trans- A, and Division D of the House amendment, and portation, and Housing and Urban Development, modifications committed to conference: Representa- and related agencies for the fiscal year ending Sep- tives Smith (TX), Weber (TX), and Eddie Bernice tember 30, 2016, with the House amendment to the Johnson (TX). Senate amendment thereto, insist on the House From the Committee on Transportation and Infra- amendment, and request a conference with the Sen- structure for consideration of secs. 1005, 1006, ate thereon. Page H3284 1010, 1014, 1016–1019, 1022, 3001, 4724, title The Chair appointed the following Members of VII, and sec. 10331 of the Senate bill and secs. the House to the conference committee on the bill: 2007, 3116, 3117, and 3141 of Division A, and Representatives Rogers (KY), Granger, Cole, Dent, title IX of Division B, subtitle D of title II of Divi- Fortenberry, Rooney (FL), Valadao, Roby, Lowey, sion C of the House amendment, and modifications DeLauro, Serrano, Bishop (GA), and Wasserman committed to conference: Representatives Hardy, Schultz. Page H3285 Zeldin, and DeFazio. Page H3285 Appointment of Conferees: The Chair appointed Meeting Hour: Agreed by unanimous consent that the following conferees to S. 2012, to provide for the when the House adjourns today, it adjourn to meet modernization of the energy policy of the United at 10 a.m. tomorrow, May 27. Page H3285 States: Committee Resignation: Read a letter from Rep- From the Committee on Energy and Commerce, resentative Gutierrez wherein he resigned from the for consideration of the Senate bill and the House Permanent Select Committee on Intelligence. amendment, and modifications committed to con- Page H3288 ference: Representatives Upton, Barton, Whitfield, Shimkus, Latta, McMorris Rodgers, Olson, McKin- Providing for a recess of the House for a joint ley, Pompeo, Griffith, Johnson (OH), Flores, Mullin, meeting to receive His Excellency Narendra Pallone, Rush, Capps, Matsui, Castor (FL), Sarbanes, Modi, Prime Minister of India: Agreed by unani- Welch, Ben Ray Lujan (NM), Tonka, and Loebsack. mous consent that it may be in order at any time From the Committee on Agriculture, for consider- on Wednesday, June 8, 2016 for the Speaker to de- ation of secs. 3017, 3305, 4501, 4502, 5002, part clare a recess, subject to the call of the Chair, for the II of subtitle C of title X, and sec. 10233 of the purpose of receiving in joint meeting His Excellency Senate bill, and secs. 1116 and 5013 of Division A, Narendra Modi, Prime Minister of India. Page H3293 Division B, and secs. 1031, 1032, 1035–1037, sub- Senate Message: Message received from the Senate title K of title I, sec. 2013, subtitles F, M, and Q by the Clerk and subsequently presented to the of title II, and title XXV of Division C of the House House today appears on page H3287. amendment, and modifications committed to con- Senate Referral: S.J. Res. 28 was held at the desk. ference: Representatives Conaway, Thompson (PA), and Peterson. Page H3287 From the Committee on Natural Resources, for Quorum Calls—Votes: Three yea-and-nay votes consideration of secs. 2308, 3001, part II of title II, and one recorded vote developed during the pro- 3017, 3104, 3109, 3201, 3301–3306, 3308–3312, ceedings of today and appear on pages H3282, 4006, 4401, 4403, 4405, 4407, 4410, 4412–4414, H3282–83, H3283–84, and H3284. There were no title V, sec. 6001, subtitle A of title VI, sec. 6202, quorum calls. title VIII, title IX, subtitles A, B, and C of title X, Adjournment: The House met at 9 a.m. and ad- parts I, II, III, and IV of subtitle D of title X, and journed at 12:55 p.m. secs. 10341 and 10345 of the Senate bill, and secs. 1115 and 1116 of Division A, Division B, and Divi- Committee Meetings sion C of the House amendment, and modifications committed to conference: Representatives Bishop NAVY FORCE STRUCTURE AND (UT), Young (AK), Lummis, Denham, Westerman, READINESS: PERSPECTIVES FROM THE Grijalva, Huffman, and Dingell. FLEET From the Committee on Science, Space, and Tech- Committee on Armed Services: Subcommittee on nology for consideration of secs. 1014, 1201, 1203, Seapower and Projection Forces; and Subcommittee 1301–1304, 1306–1308, 1310, 1311, 2002, 2301, on Readiness, held a joint hearing entitled ‘‘Navy 2401, part III of subtitle A of title III, secs. 3101, Force Structure and Readiness: Perspectives from the 3302, 3307, 3402, 3403, 3501, 3502, 4001, 4002, Fleet’’. Testimony was heard from Captain Scott F.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12:30 p.m., Friday, May 27 10 a.m., Friday, May 27

Senate Chamber House Chamber Program for Friday: Senate will meet in a pro forma Program for Friday: House will meet in Pro Forma ses- session. sion at 10 a.m.

Extensions of Remarks, as inserted in this issue

HOUSE Garrett, Scott, N.J., E801 Perlmutter, Ed, Colo., E800, E801, E803, E804, E805, Granger, Kay, Tex., E808 E806, E807, E808, E810, E810 Babin, Brian, Tex., E804, E808 Green, Al, Tex., E800 Pocan, Mark, Wisc., E803 Barr, Andy, Ky., E804 Hahn, Janice, Calif., E807 Poe, Ted, Tex., E803, E806 Bonamici, Suzanne, Ore., E799 Hastings, Alcee L., Fla., E802, E808 Ruiz, Raul, Calif., E809 Brady, Robert A., Pa., E805 Hensarling, Jeb, Tex., E800 Ruppersberger, C.A. Dutch, Md., E805 Butterfield, G.K., N.C., E807 Ryan, Tim, Ohio, E802 Huizenga, Bill, Mich., E810 Carney, John C., Jr., E806, E810 Sanchez, Loretta, Calif., E805 Coffman, Mike, Colo., E808 Israel, Steve, N.Y., E800 Shimkus, John, Ill., E805 Cohen, Steve, Tenn., E801 Katko, John, N.Y., E802 Stivers, Steve, Ohio, E810 Costa, Jim, Calif., E809 Lee, Barbara, Calif., E799, E800 Swalwell, Eric, Calif., E806, E809 Crenshaw, Ander, Fla., E802 McCollum, Betty, Minn., E799 Webster, Daniel, Fla., E808 Davis, Danny K., Ill., E804, E806 Miller, Candice S., Mich., E804 Welch, Peter, Vt., E805 Ellison, Keith, Minn., E805 Norton, Eleanor Holmes, The District of Columbia, Wenstrup, Brad R., Ohio, E808 Esty, Elizabeth H., Conn., E808, E810 E807 Yarmuth, John A., Ky., E809

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