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, FEBRUARY 4, 2016 No. 21 House of Representatives The House met at 10 a.m. and was last day’s proceedings and announces Red, White, and Blue’s great work in called to order by the Speaker pro tem- to the House his approval thereof. enriching the lives of veterans in need. pore (Mr. MOONEY of West Virginia). Pursuant to clause 1, rule I, the Jour- I had the great privilege of knowing f nal stands approved. Ted personally and was inspired by his kindness, his humor, and his love for DESIGNATION OF THE SPEAKER f his family and country. Ted will al- PRO TEMPORE PLEDGE OF ALLEGIANCE ways be remembered as an honorable The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Will the young man who touched many lives, fore the House the following commu- gentlewoman from New York (Ms. having a lasting positive impact on all nication from the Speaker: STEFANIK) come forward and lead the who knew and loved him. WASHINGTON, DC, House in the Pledge of Allegiance. May his name forever be remembered February 4, 2016. Ms. STEFANIK led the Pledge of Al- in the CONGRESSIONAL RECORD and in I hereby appoint the Honorable ALEXANDER legiance as follows: the great United States of America. X. MOONEY to act as Speaker pro tempore on this day. I pledge allegiance to the Flag of the United States of America, and to the Repub- f PAUL D. RYAN, Speaker of the House of Representatives. lic for which it stands, one nation under God, indivisible, with liberty and justice for all. AMERICAN HEROES COLA ACT f f (Mr. RUIZ asked and was given per- PRAYER mission to address the House for 1 ANNOUNCEMENT BY THE SPEAKER minute.) The Chaplain, the Reverend Patrick PRO TEMPORE J. Conroy, offered the following prayer: Mr. RUIZ. Mr. Speaker, I rise to urge We give You thanks, O merciful God, The SPEAKER pro tempore. The the swift consideration of H.R. 677, the for giving us another day. Chair will entertain up to five requests American Heroes COLA Act. There have been many prayers this for 1-minute speeches on each side of This bill includes two of my bills, day rising to You from those engaged the aisle. H.R. 2691, the Veterans’ Survivors in the political discourse of this Na- f Claims Processing Automation Act, tion. We give You thanks for those who and H.R. 732, the Veterans Access to HONORING EDWARD ROBB ‘‘TED’’ Speedy Review Act. were able to gather at the National BARRETT Prayer Breakfast and those across this The claims and appeals backlog that land who joined their prayer intentions (Mr. KATKO asked and was given is plaguing veterans in my district and with the many who attended. permission to address the House for 1 across the Nation is unacceptable. The Bless the Members of this people’s minute.) Veterans’ Survivors Claims Processing House now as they gather to do the leg- Mr. KATKO. Mr. Speaker, I rise to Automation Act will allow veterans’ islative work they are called to do. pay tribute to the life of Edward Robb surviving families to mourn their loss May their prayers this day be authen- ‘‘Ted’’ Barrett. and grieve without unnecessary bu- tic and heard by You, the living God. Ted was born on September 14, 1991, reaucratic steps in the benefit claims May their work be fruitful and bene- and passed away on January 30, 2016— process. ficial to those whom You favor—the far, far too early. Ted was a loving son, The Veterans Access to Speedy Re- poor—and may all they do be done in a brother to six, and a loyal friend to view Act will allow veterans to volun- humility and charity, knowing that we countless more in our community. Ted tarily use video conferencing tech- are all earthen vessels through whom had a unique ability to light up any nology to accelerate the appeals proc- Your spirit might shine forth. room he entered. His lighthearted, joy- ess. Veterans and their families deserve And, finally, may all that is done ful spirit uplifted everyone he met. to have their claims reviewed and to this day be for Your greater honor and A graduate of Christian Brothers receive the benefits that they have glory. Academy in Syracuse, of Deerfield earned and deserve in a timely and effi- Amen. Academy in Massachusetts, and of cient manner. f Hamilton College, Ted thrived as an I came to Washington to fight for athlete and always looked for ways to pragmatic solutions to meet our Na- THE JOURNAL give back to those less fortunate. He tion’s most pressing needs. These two The SPEAKER pro tempore. The had a passion and a deep admiration bills are pragmatic solutions for our Chair has examined the Journal of the for America’s heroes and valued Team veterans.

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.

H569

.

VerDate Sep 11 2014 23:41 Feb 04, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A04FE7.000 H04FEPT1 Emcdonald on DSK67QTVN1PROD with HOUSE H570 CONGRESSIONAL RECORD — HOUSE February 4, 2016 Mr. Speaker, join me in honoring our HONORING THE MEMORY OF JIM COMBATING THE DRUG EPIDEMIC veterans by bringing this legislation to TRULL IN JEFFERSON COUNTY, WEST a vote. (Mr. NEWHOUSE asked and was VIRGINIA f given permission to address the House (Mr. MOONEY of West Virginia asked for 1 minute.) and was given permission to address INVASIVE SPECIES SUMMIT Mr. NEWHOUSE. Mr. Speaker, I rise the House for 1 minute.) (Ms. STEFANIK asked and was given to honor the life of a respected con- Mr. MOONEY of West Virginia. Mr. permission to address the House for 1 stituent of mine whom I was proud to Speaker, last month, I received notice minute.) have called a dear friend. from Michael Botticelli, the Director Ms. STEFANIK. Mr. Speaker, from James Trull was the kind of leader of the Office of National Drug Control Lake George to the Saint Lawrence who could be depended on to bring peo- Policy, that, after a year of hard work Seaway to the pristine waters of Lake ple together and advance solutions on from Federal, State, and local officials, Champlain and all of the beautiful behalf of their communities. He was Jefferson County, West Virginia, was mountains and maple trees that run passionate about water issues. It was designated as a High Intensity Drug between, my district is home to many his life’s work. He served as the dis- Trafficking Area. This designation will ecological treasures. trict manager of the Sunnyside Valley bring critical resources to Jefferson Many of these natural wonders have Irrigation District for 34 years. He un- County to combat the drug epidemic fallen under siege to invasive species derstood the complicated western that is ravaging our communities and that threaten the health and beauty of water law like no one else. Jim was a way of life. these natural habitats. Our environ- valued leader in our community. He I would like to thank a few people for ment is our lifeblood in upstate New was kind and was loved by those who helping secure this designation: York, and we must protect it from knew him. Tom Carr, the executive director of these predators so as to boost our econ- While Jim will be missed by many, the Washington-Baltimore HIDTA Bu- omy and ensure we protect our envi- we can honor his legacy by striving to reau. Tom was kind enough to even go ronment for future generations. follow the kind of leadership he em- down to Romney, West Virginia, to This Friday, I will be proud to join bodied in his life. participate in a roundtable discussion I with stakeholders, who have been As we remember Jim, the passage led with local officials. working tirelessly on this issue across from the Prophet Isaiah comes to Jefferson County Sheriff Pete Dough- my district and across New York State, mind: ‘‘For I will pour water upon him erty, who leads Jefferson County law at an Invasive Species Summit in Clay- that is thirsty and floods upon the dry enforcement in combating drug traf- ton, New York. Together, we will ex- ground . . .’’ ficking every day and who worked hard plore best practices and information I ask my colleagues to join me in re- on this HIDTA application. sharing as well as to work on innova- membering my friend, Jim Trull. U.S. Attorney Bill Ihlenfeld, who tive new solutions to stop this epi- f prosecutes dangerous drug dealers and demic. who also gave his invaluable input to By working together at the Federal, HONORING THE LIFE OF PHIL the HIDTA application. State, and local levels, I know we can NEIGHBORS I thank the entire West Virginia del- preserve our natural treasures for gen- (Mr. CONAWAY asked and was given egation for helping to lock in this des- erations to come. permission to address the House for 1 ignation: Senators CAPITO and MANCHIN f minute and to revise and extend his re- and my colleagues Congressmen marks.) MCKINLEY and JENKINS. HONORING THE LIFE AND SERVICE Mr. CONAWAY. Mr. Speaker, I rise Every American needs to do his part OF VERNON J. ALSTON, UNITED to honor the life of Phil Neighbors. to fight back against the drug addic- STATES CAPITOL POLICE OFFI- Phil was a pillar in the San Angelo tions that are plaguing our country. CER community, and I had the pleasure of f (Mr. CARNEY asked and was given working with him frequently over the COMMUNICATION FROM THE permission to address the House for 1 last 10 years. Phil dedicated his life to CLERK OF THE HOUSE minute.) three things: to God, to his family, and Mr. CARNEY. Mr. Speaker, I rise to to his community. The SPEAKER pro tempore (Mr. honor the life of Vernon J. Alston, a He and his wife, Susan, had two chil- NEWHOUSE) laid before the House the U.S. Capitol Police Officer for 20 years dren together and four grandchildren. following communication from the and a constituent of mine from Dela- It was not uncommon for Phil to run Clerk of the House of Representatives: ware. Sadly, Mr. Alston left us far too straight to a city event from his OFFICE OF THE CLERK, soon, at the age of 44. grandsons’ ball games. He always made HOUSE OF REPRESENTATIVES, Vernon Alston came from a military time for both his family and the city of Washington, DC, February 4, 2016. family and, from a young age, was San Angelo. Hon. PAUL D. RYAN, The Speaker, House of Representatives, drawn to the service of our country. In A graduate of Angelo State Univer- Washington, DC. 1991, he joined the U.S. Army Reserve, sity, he led the San Angelo Chamber of DEAR MR. SPEAKER: Pursuant to the per- and, in 1996, he began working as a Commerce for the last 10 years. He was mission granted in Clause 2(h) of Rule II of Capitol Police Officer. He spent the the bridge between the Goodfellow Air the Rules of the U.S. House of Representa- rest of his life protecting the Capitol Force Base and the San Angelo com- tives, the Clerk received the following mes- and those who work here. Mr. Alston munity, helping to create a strong and sage from the Secretary of the Senate on commuted each day from Magnolia, lasting bond. He loved our military and February 4, 2016 at 9:06 a.m.: Delaware. was always willing to support our mili- That the Senate passed with an amend- ment H.R. 907. I speak for every one of my col- tary in any way that he could. That the Senate passed with an amend- leagues and staff who walk through As a deacon in the Baptist church, ment H.R. 3033. these doors each day when I say to Mr. Phil led the church’s college program With best wishes, I am Alston, ‘‘Thank you.’’ Vernon Alston and many mission trips to Mexico. He Sincerely, put his life on the line for us, and we was a selfless servant, a trait that ex- KAREN L. HAAS. owe him a debt of gratitude. tended beyond the city’s, State’s, and f Our hearts and prayers go out to Mr. country’s borders. Alston’s wife, Nicole, and his five chil- We lost Phil far too soon, just days FINANCIAL INSTITUTION CUS- dren. Mr. Alston’s neighbors in Dela- after his 64th birthday. San Angelo lost TOMER PROTECTION ACT OF 2015 ware and his family here on Capitol a truly great leader yesterday. Please GENERAL LEAVE Hill share in their grief. Vernon Alston join me in remembering the extraor- Mr. LUETKEMEYER. Mr. Speaker, I leaves a legacy of service to country dinary life of my friend, Phil Neigh- ask unanimous consent that all Mem- that serves as an inspiration to us all. bors. bers may have 5 legislative days in

VerDate Sep 11 2014 23:41 Feb 04, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.003 H04FEPT1 Emcdonald on DSK67QTVN1PROD with HOUSE February 4, 2016 CONGRESSIONAL RECORD — HOUSE H571 which to revise and extend their re- pawnbrokers, even a coal mine and an The provisions contained in H.R. 766 marks and to submit extraneous mate- auto dealer. Even attorneys and data are reasonable. In fact, the FDIC used rials on the bill, H.R. 766, to provide re- companies that serve these industries its authority to already put them in quirements for the appropriate Federal have been impacted. place. Agency policy now requires staff banking agencies when requesting or While regulators will tell you this ac- to track and document account termi- ordering a depository institution to tivity has stopped, Operation Choke nation orders, which must be made in terminate a specific customer account, Point remains a very live issue. For writing and cannot rely on to provide for additional requirements more than a year, I have asked Ameri- reputational risk. The willingness of related to subpoenas issued under the cans impacted by this initiative to sub- the FDIC to put these standards into Financial Institutions Reform, Recov- mit their story at our email address of place tells other regulators that they ery, and Enforcement Act of 1989, and [email protected]. can and should follow suit. for other purposes. Just this week I heard from a payday I am proud the House is working in a The SPEAKER pro tempore. Is there lender in Missouri who recently re- bipartisan fashion to address this issue, objection to the request of the gen- ceived account termination notices including the passage of limitation tleman from Missouri? from his financial institution. Gregory amendments by voice votes in the 113th There was no objection. Bone, whose businesses have served and 114th Congresses. The SPEAKER pro tempore. Pursu- borrowers in Branson, Pineville, and Republicans and Democrats alike ant to House Resolution 595 and rule Neosho, has operated since 1998 and is have talked to regulators about the XVIII, the Chair declares the House in registered with both the State of Mis- dangers of such a program. Many of my the Committee of the Whole House on souri and the U.S. Treasury Depart- friends on the other side of the aisle the state of the Union for the consider- ment. On January 21st, there is a simi- have expressed their concerns to me ation of the bill, H.R. 766. lar story from a credit bureau in Cali- privately as well. This bipartisan legis- The Chair appoints the gentleman fornia and, before that, a tobacco shop lation takes a responsible approach to from West Virginia (Mr. MOONEY) to in Florida. curbing the malpractice we have seen. preside over the Committee of the The underlying problem here cannot I want to take this opportunity to Whole. be overstated. The Federal Government thank Chairman HENSARLING for his should not be able to intimidate finan- outstanding support as we have gone b 1013 cial institutions into dropping entire through this 21⁄2 year process. IN THE COMMITTEE OF THE WHOLE sectors of the economy as customers I urge my colleagues to support H.R. Accordingly, the House resolved based not on wrongdoing, but purely on 766. itself into the Committee of the Whole personal and political motivations and I reserve the balance of my time. House on the state of the Union for the without due process. Ms. MAXINE WATERS of California. consideration of the bill (H.R. 766) to We have the internal DOJ and the Mr. Chairman, I yield myself such time provide requirements for the appro- FDIC memos that prove these motives as I may consume. priate Federal banking agencies when that are driving Operation Choke Mr. Chairman and Members, if you requesting or ordering a depository in- Point. The Committee on Oversight listen carefully to my colleague on the stitution to terminate a specific cus- and Government Reform did a fantastic opposite side of the aisle, Mr. LUETKE- tomer account, to provide for addi- job of putting together two reports MEYER, you would think that the major tional requirements related to sub- that take the different agencies’ own point of this bill is the Choke Point poenas issued under the Financial In- emails and show what is actually going controversy. stitutions Reform, Recovery, and En- on and the motivation for those ac- Considerable time was spent by my forcement Act of 1989, and for other tions. colleague on the opposite side of the purposes, with Mr. MOONEY of West This program sets a dangerous prece- aisle talking about Choke Point. Well, Virginia in the chair. dent that shouldn’t be permitted under I do not want that discussion to ob- The Clerk read the title of the bill. any administration. William Isaac, the scure the real problem with this very The CHAIR. Pursuant to the rule, the former chairman of the FDIC, ap- bad legislation. bill is considered read the first time. pointed to the board by President Car- H.R. 766 eliminates core provisions of The gentleman from Missouri (Mr. ter and named chairman by President the Financial Institutions Reform, Re- LUETKEMEYER) and the gentlewoman Reagan, stated in committee that Op- covery, and Enforcement Act, or from California (Ms. MAXINE WATERS) eration Choke Point is the most dan- FIRREA, that the Justice Department each will control 30 minutes. gerous government program he has has used to investigate and prosecute The Chair recognizes the gentleman seen in his 45-year career as a banker, bank fraud. This is what this discus- from Missouri. a bank consultant, and as a regulator. sion should be about: bank fraud. H.R. 766 offers a straightforward ap- FIRREA has proven to be the Justice b 1015 proach to a complicated problem. Department’s most effective tool for Mr. LUETKEMEYER. Mr. Chairman, First, it dictates that banking regu- holding Wall Street accountable. We I yield myself such time as I may con- lators cannot suggest, request, or order hear a lot of talk about Wall Street. sume. an institution to terminate a banking We went through 2008 and the subprime I am proud to offer H.R. 766, Mr. relationship unless the regulator has a meltdown, the bailout, and all of that. Chairman. It is a bipartisan piece of material reason beyond reputational Most of the Members on both sides of legislation that provides transparency risk. the aisle agree that we had to rein in and accountability among Federal The bill also strikes the word ‘‘affect- the practices of Wall Street. Here we banking regulators and the Depart- ing’’ in FIRREA and replaces it with have a bill today that would basically ment of Justice. ‘‘by’’ or ‘‘against.’’ This modest change protect them and take away the very This legislation comes in response to will help ensure that broad interpreta- tool that is used in order to make them the abuse of authority by DOJ, FDIC, tions of the law are limited and that accountable. and other banking agencies under the the intent of the statute, penalizing After using FIRREA to secure his- action called Operation Choke Point, fraud against or by financial institu- toric settlements against Wall Street, an initiative which seeks to deny le- tions, is restored. including a $7 billion settlement gally operating businesses the finan- It is essential that DOJ and financial against Citibank, a $5 billion settle- cial services they need to operate and regulators maintain the ability to pur- ment against Goldman Sachs, a $13 bil- survive. sue bad actors, and I fully support lion settlement against JPMorgan The notion that Operation Choke these efforts. This is something they Chase, and a historic $16 billion settle- Point is limited to payday lenders or must continue to do. But the checks ment against Bank of America, now the banks serving them is far from the and balances in this legislation would H.R. 766 seeks to stifle the Justice De- truth. This initiative has spread across ensure accountability and would not partment’s investigative powers over many industries, including tobacco hinder the ability to pursue those sus- financial fraud. In fact, there are still shops, gun manufacturers and dealers, pected of fraudulent activity. ongoing settlement negotiations with

VerDate Sep 11 2014 23:41 Feb 04, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.005 H04FEPT1 Emcdonald on DSK67QTVN1PROD with HOUSE H572 CONGRESSIONAL RECORD — HOUSE February 4, 2016 banks like Wells Fargo and Goldman The administration will veto H.R. We are debating a bill on the floor of Sachs that were announced just this 766. I urge my Democratic colleagues the House that says the government week. to oppose H.R. 766. can’t force banks to shut down legal Without investigatory powers and an I just want to say that, despite yes- business banking accounts. It is out- extended statute of limitations granted terday when we had five bills that had rageous, but it is real, and it has hap- to the Justice Department by FIRREA, been rolled into one that I warned our pened for a long time. it would be impossible for us to iden- Members of Congress about because of It has happened, by the way, Mr. tify and rectify the fraudulent activity what they literally did, particularly in Chairman, because this administration that set us up for a crisis 10 years ago. terms of allowing corporations to not has not been able to accomplish their Apparently, H.R. 766 supporters be- have to disclose information about the agenda through legislative process. So lieve that actually holding banks ac- stock that they were giving to their they are doing it now through regula- countable for fraud was too much of a employees, and I talked about how bad tion. burden for them, replacing our system that was. There is a report that our committee of too big to jail with one where our This is worse. This is worse because put out. It is an excellent report. I biggest banks are now too frail to fine. we are able to call names and to point commend it to everybody. There are H.R. 766 also invites the next crisis out banks because we have the infor- emails from within the regulators. I by imposing burdensome require- mation. It is real. will read one. ments—listen to this—imposing bur- We are able to point out how the Jus- It says: densome requirements on the Justice tice Department has been affected in I have never said this to you, but I am sin- Department’s ability to investigate making these banks accountable. So cerely passionate about this. I literally can- why in the world would we want to not stand payday lending. They are abusive, bank fraud, allowing fraud schemes to fundamentally wrong, hurt people, and do continue at the expense of consumers take away the Justice Department’s tool that is FIRREA? Why would we not deserve to be in any way associated with and the financial system. banking. want to prevent the Justice Depart- The Justice Department’s ability to It is a completely legal business, Mr. identify and rout out fraud would be ment from going after these banks who know they are dealing with crooks and Chairman. critical in averting future crises, and I hope that we have bipartisan sup- fraudsters? H.R. 766 would be a free pass to banks port for this. We have had cosponsors that make their money by breaking I would ask for a ‘‘no’’ vote on this bill. on both sides. I encourage whole- the law. I reserve the balance of my time. hearted support of this so we can get That would include banks like Plaza, Mr. LUETKEMEYER. Mr. Chairman, the Federal Government out of making Commerce West, and Four Oaks, all of I yield 2 minutes to the gentleman decisions like this. which knowingly aided fraudsters, de- from South Carolina (Mr. MULVANEY), 1030 spite the many red flags raised by their b the cosponsor of the bill. Ms. MAXINE WATERS of California. financial activities. Mr. MULVANEY. Mr. Chair, I thank Mr. Chairman and Members, I would At Commerce West in particular, the my friend from Missouri. We have been bank admitted fraud for failing to file simply like to point out that Mr. working on this now 21⁄2 to 3 years. suspicious activity reports with regu- The bill is fairly simple, Mr. Chair- MULVANEY just continued in the vein that Mr. LUETKEMEYER started out in, lators even after the bank’s own em- man, in what it actually does. It just obscuring the real point of this bill. ployees determined that one of their takes a second to read the operative customers was routinely submitting They are going to keep telling you it line that an appropriate banking Fed- is all about Choke Point. What they fraudulent checks to the bank. eral agency may not formally or infor- According to the Justice Depart- are not going to talk about is taking mally request or order a depository in- away the Justice Department’s ability ment’s complaint, the bank also failed stitution to terminate a specific cus- to heed the warning of other banks to use FIRREA to go after these banks tomer account without a really good that are committing crimes. that pointed out to Commerce West reason. that some of their customers were I don’t want the Members to be mis- I want people to think about that, led. Ask them why they are refusing to fraudulent businesses. Mr. Chairman. The fact that we have Furthermore, H.R. 766’s account clo- talk about the main point of this bill. to actually debate this frightens me. I yield 4 minutes to the gentleman sure provisions are a solution in search The fact that we have to bring a bill to from Minnesota (Mr. ELLISON). of a problem as regulators are now the floor of the United States House Mr. ELLISON. Mr. Chair, I want to forcing financial institutions to close that says the Federal Government reg- thank the ranking member and the customer accounts. ulators cannot force a bank to close an chair of the committee. I would also Every Federal banking regulator has account without a good reason should like to say that this is a situation been clear, except for rare cases involv- frighten people. where there are—and I have even seen ing national security or systemic risks. I heard Mr. LUETKEMEYER talk about myself—some closures of accounts, The responsibility for closing accounts many of the companies that have been which I think were not adequately jus- is a decision for financial institutions. impacted: gun manufacturers, pawn- tified, but this bill doesn’t just solve Some financial institutions are sim- shops. It has now spread, Mr. Chair- that problem. It solves a whole lot of ply deciding that they would rather man, to individuals. problems that are not problems. lose a customer than invest in the re- We are hearing reports that individ- So they take what could be a legiti- sources needed to ensure that our fi- uals engaged in legal businesses—every mate issue, and then they use that lit- nancial system is not being used for single one of the victims are engaged tle hole in the tent to push in a whole money laundering or other criminal ac- in legal activity. bunch of other stuff that will literally tivity. We are hearing now that individuals weaken the whole system. In order to protect our economy from who happen to engage in legal poker My good friend from South Carolina, the next financial crisis, regulators playing in Las Vegas, Nevada, which is if that was all the bill said, it wouldn’t have to have the necessary tools to a completely legal endeavor—you may be that bad of a problem, but that is prevent fraud and protect consumers. not like it—are having their bank ac- not only what it says. In fact, it weak- Americans are still reeling from the counts shut off by the Federal Govern- ens financial protections and lets bad effects of the financial crisis. We ment. actors in the system off the hook. If we should be in the business of seeking My dad told me when I got to this are concerned about small accounts ways to continue to hold banks more job: The difference between the govern- being closed, we should focus on that accountable for their misconduct, not ment when I was your age and the gov- issue, but this particular bill goes way rolling back the Federal Government’s ernment that you are going into is that beyond that. most effective tool for protecting con- I was never afraid of my government. As Members contemplate how they sumers, investors, and taxpayers from Your children will grow up afraid of want to vote on this bill, they had bet- bank fraud. Banks that break the law their government because of things ex- ter think about and read this bill care- don’t deserve get-out-of-jail-free cards. actly like this. fully because it goes far beyond just

VerDate Sep 11 2014 23:41 Feb 04, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.007 H04FEPT1 Emcdonald on DSK67QTVN1PROD with HOUSE February 4, 2016 CONGRESSIONAL RECORD — HOUSE H573 simply calling for a justification for ar- safety and soundness of the financial system to get at them. Good solution, bitrarily closing accounts. That is why system. We need to enforce the law, constructive solution. My hat is off to I oppose the bill. not wink at it. you, sir. I oppose the bill, the Financial Insti- Members, they are dangling a shiny, Unfortunately, this bill, as has been tution Customer Protection Act, H.R. little object in front of you by saying suggested earlier, goes farther. Section 766. This bill would do the opposite of they are going to stop arbitrary ac- 3 makes it a lot harder for the Depart- what is asserted in the title. H.R. 766 count closures. This bill is way more ment of Justice to investigate finan- would not protect customers of finan- than that. I urge a ‘‘no’’ vote. cial solutions because, as has been sug- cial institutions actually. Instead, it Mr. LUETKEMEYER. Mr. Chairman, gested, it takes direct and specific aim would make it more difficult to hold fi- I yield 1 minute to the distinguished at the powers under FIRREA, as the nancial institutions accountable, and gentleman from Indiana (Mr. MESSER). gentleman from Minnesota had indi- it will achieve that goal in a bait-and- Mr. MESSER. Mr. Chairman, I thank cated. It puts limits on them as to switch way by acknowledging what the gentleman from Missouri for his when subpoenas can be issued. To me, may be, in some cases, a legitimate work on this very important bill. frankly, that is a solution in search of issue of arbitrary account closures, but The Constitution is clear: the right a problem. then coming in, sneaking in the back of the people to keep and bear arms FIRREA has been the key statute in door, all this other stuff, to weaken the shall not be infringed, yet time and going after fraud that, in fact, helped financial system. time again, this administration has at- lead to the Great Recession and the Many Americans, including those tempted to circumvent the constitu- crisis, and the wiping out of $13 trillion who saw the movie ‘‘The Big Short,’’ tional rights of Americans to further in net worth. Frankly, I am one of cannot understand how so few people their political agenda. those people who believes we need went to jail for the schemes that Today, under the guise of protecting more prosecutions, not fewer, for all caused the financial crisis. People consumers, the Department of Justice the damage and harm done to Ameri- made loans they knew would fail, sold and the Federal Deposit Insurance Cor- cans throughout this land. those bad loans to investors, and poration are targeting payment compa- I am very reluctant to embrace any caused the financial crisis that cost nies to choke off credit for certain language that substantially weakens or our economy $14 trillion. businesses they deem high risk, includ- obstructs FIRREA’s ability to inves- Twelve million people lost their jobs, ing ammunition and firearms stores, tigate fraud. I do agree with my friend and 11 million people lost their homes. lending institutions, and other lawful that investigations and our oversight Who went to jail for all this mortgage businesses as well. of them could be improved by requiring fraud? Well, I think there is only one Instead of protecting consumers, this a paper trail. I worked with him to see person I have been able to find. I would initiative is restricting consumer if we could find a compromise that did be happy to find anyone else. Teresa choice and crippling legitimate busi- that, but we couldn’t. So ultimately, Giudice from ‘‘The Real Housewives of nesses. This policy makes financial we had to disagree, and this is a dis- New Jersey,’’ football player Irving service providers responsible for polic- agreement that I will characterize as Fryar, and straw buyers in Michigan, ing their customers. That is not fair to being a very strong one. those are the only people I could find either banks or their consumers. The truth of the matter is, in the last who went to jail for this. Other people This commonsense legislation we are two calendar years alone, FIRREA was who committed massive fraud, they considering today will protect con- the operative statute which led to $40 paid fines, but they walked away. sumer access to banking services and billion in fines and recoveries being I am incredibly frustrated by the fact restrict the administration from using levied. Truth be told, it is very, very that the Department of Justice has not the highly substantive notion of unlikely, if not highly unlikely, that pursued more criminal prosecutions of reputational risk to undercut constitu- people at the multinational corpora- any of those $40 billion in fines or res- tional rights and terminate the ac- tions who caused the financial crisis. titution could have been recovered if counts of lawful businesses. I urge my But the answer to that problem is the language of this legislation had colleagues to support the bill. stronger enforcement, not to take been in effect; $20 billion of which was Ms. MAXINE WATERS of California. away the most important tool Federal restitution to harmed parties, people Mr. Chair, I yield 3 minutes to the gen- prosecutors have to pursue financial who lost their homes inappropriately tleman from Washington (Mr. HECK), a fraud. because they had had fraud perpet- There is this thing called FIRREA. I valued member of the Committee on uated upon them. know people watching C–SPAN are Financial Services. I don’t think that is what the Amer- like, what is that? These Congress peo- Mr. HECK of Washington. Mr. Chair, ican public wants right now. I think ple always speak in acronyms. It is the as a fellow Washingtonian, might I just the American public is still eager for Financial Institutions Reform, Recov- observe that you make that dais look some accountability for the actions ery, and Enforcement Act. FIRREA good. and behavior that led to the Great Re- was specifically designed to hold bank- I actually counterintuitively want to cession. ers accountable for destabilizing the fi- start out by thanking my friend, the The Acting CHAIR. The time of the nancial system with their fraudulent gentleman from Missouri (Mr. LUETKE- gentleman has expired. activity. This bill weakens that. MEYER), for taking this issue on. Ms. MAXINE WATERS of California. In an Orwellian twist, it says that We had a problem in a lot of commu- I yield an additional 1 minute to the FIRREA cases cannot be brought when nities around the country with busi- gentleman. fraud is committed against a bank in- nesses getting access to the banking Mr. HECK of Washington. So I join in stead of by a bank. I will say it again. system, and I know he worked this the chorus of my colleagues who sug- If this bill passes today, FIRREA cases very hard last year. He investigated; he gest that this bill is actually not just a can only be brought when fraud is com- talked to banks, businesses, and regu- step backward but two giant steps mitted against a bank and not by a lators; and he actually negotiated a so- backward. There is an issue here that bank. That is bad. lution with the FDIC that he had could be worked on. This is not the It also limits law enforcement’s sub- pushed and pushed until they actually right solution; and, I might add, it is poena power. Don’t we want to be able adopted it. not going to become law because it has to subpoena these guys? Why would we It was a good solution. In fact, part already been indicated by the execu- want to be able to weaken that? of this bill would essentially codify tive branch this probably isn’t going The Acting CHAIR (Mr. NEWHOUSE). that. What it would say is, you can’t anywhere. The time of the gentleman has expired. use FIRREA to go after whole sectors I would entreat you—in the spirit of Ms. MAXINE WATERS of California. of the economy. It has to be specifi- trying to find a solution to a real prob- Mr. Chair, I yield an additional 1 cally and individually based. You have lem—please, let us set aside, vote ‘‘no,’’ minute to the gentleman. to have a reason to believe that an in- and not enact that which is a solution Mr. ELLISON. It eliminates the dividual business was engaged in fraud in search of a problem that doesn’t bankers’ regulators’ ability to ensure if you were going to use the banking exist and, in fact, does considerable

VerDate Sep 11 2014 03:07 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.008 H04FEPT1 Emcdonald on DSK67QTVN1PROD with HOUSE H574 CONGRESSIONAL RECORD — HOUSE February 4, 2016 harm to the American public and to I know my friends across the aisle, guns. This is not about any of that our ability to hold people accountable. who I like very much and are friends of other stuff that they are trying to Mr. LUETKEMEYER. Mr. Chairman, mine, are trying to focus on big banks make you believe you should pay at- it is certainly rewarding and heart- and Wall Street. But, Mr. Chairman, to tention to. warming to see that the ladies and gen- the ranking member I would say: Lis- Every legislator and every public pol- tlemen on the other side of the aisle ten, big banks aren’t being affected by icymaker should ask themselves: Do I continue to support our bill from the Choke Point. It is the smallest, little want to be a part of ever allowing this standpoint they recognize that where businesses in our communities that institution to once again revert back there is a problem, Operation Choke don’t have the power to stand up and to the practices that caused people to Point exists, that our bill is the solu- fight back and push back. They are the lose their homes, that threw this coun- tion. The only thing they seem to have ones that are affected. try into a recession, that still has us problems with is the part that we try reeling from the negative impacts of and do something with the DOJ with b 1045 those decisions by a bank? regards to FIRREA. Big banks on Wall Street don’t get Why would anybody want to take To settle that and enlarge on that hit by this. It is the little guy. This is away the Justice Department’s inves- discussion, I am proud to yield 3 min- a bill that Mr. LUETKEMEYER crafted tigative powers? In addition to that, utes to the distinguished gentleman that stands up for the little guy—the this bill will not even allow the Justice from Wisconsin (Mr. DUFFY), our Over- little one that doesn’t have the lob- Department to exercise its authority sight and Investigation Subcommittee byist and the money to come to town to subpoena. Why do you want to do chairman who will provide some infor- to talk to Members of Congress—who is that? It doesn’t make good sense. mation with regard to that very thing. being affected by this liberal progres- Again, you can talk about Choke Mr. DUFFY. Mr. Chair, I appreciate sive agenda today that they know can’t Point all night long. You can describe the chairman yielding. I am grateful be get passed by law, so they do it by it as being unfair to businesses, you for Chairman LUETKEMEYER’s work on regulation. can talk about what we need to do, but this important issue. This is one more horrible example of that is not what this is about. I know why you don’t want to talk Our financial systems are the bed- how your government isn’t working about it because you have got to be rock of our economy. When financial and how this institution isn’t rep- ashamed of it. You have got to be systems work, our economy works. resenting the people that we were sent And we have seen when our financial ashamed of the fact that you are lead- here to represent. ing this institution to do away with in- system doesn’t work, things come This is a great bill. Let’s pass it. crashing down. To make sure our fi- vestigative powers of the Justice De- Let’s join together and let’s stop Oper- partment. nancial system is safe and sound, we ation Choke Point. have empowered regulators to keep an Let me just say this. The Depart- Ms. MAXINE WATERS of California. ment of Justice has relied heavily on eye over it, to make sure we don’t do Mr. Chairman, I yield myself such time things that are too risky that can en- the powers granted under FIRREA to as I may consume. pursue billions of dollars of mortgage danger the financial system and then, Again, my friends on the opposite therefore, the economy. fraud cases since the financial crisis. In side of the aisle will talk about guns. these cases, financial firms defrauded One of the problems, though, is that They will talk about Choke Point. those regulators have stepped outside the government by knowingly selling They will talk about unfairness to faulty mortgages while representing that traditional role and have tried to businesses based on a bank’s ability to impact policy decisions that should be them as high quality. close accounts. They will talk about Without FIRREA, investigations made in this institution by rules and everything except the real point of this would have stalled and taxpayers regulations that come out from their legislation. would have been left on the hook for oversight capacity. I don’t know why, I don’t know where I look at the liberals, or it might be even more losses. FIRREA powers were the progressives, inside the FDIC who, it came from, and I don’t know who also instrumental in securing the his- in line with the administration, said: I can convince a serious public policy- toric $25 billion mortgage servicing settlement. don’t like gun dealers, I don’t like am- maker that somehow you are to take As many of our colleagues know, munition manufacturers. Who cares away the investigative power of the there are still many more problems in about the Second Amendment? I don’t Justice Department, a Justice Depart- ment that has proven that it could use the mortgage servicing industry, and like them. eliminating this tool would encourage Now, if you don’t like guns and you FIRREA—that is the Financial Institu- fraudulent practices by mortgage serv- don’t like ammunition and you don’t tions Reform, Recovery, and Enforce- ices that end up wrongfully kicking like short-term lenders, if you want to ment Act—to investigate banks that are guilty of fraud. I don’t know where Americans out of their homes. get rid of those things, have a debate I reserve the balance of my time. about it. Have an argument. Introduce this would come from. Given what we have gone through in this country, Mr. LUETKEMEYER. Mr. Chairman, a bill, and let’s vote on it. Let the may I inquire how much time is re- starting in 2008, I don’t know why any American people see it. But the admin- maining on each side, please. serious public policymaker would want istration knows they will lose because The Acting CHAIR (Mr. RODNEY to do that. most Americans like their guns, they DAVIS of Illinois). The gentleman from like their Second Amendment. What have we witnessed in this coun- Missouri has 19 minutes remaining, and So instead of going through this in- try, based on the predatory practices of the gentlewoman from California has 9 stitution, they very craftily thought: banks? We have seen whole commu- minutes remaining. Wow, just think, if we were able to, as nities devastated. We have seen fore- Mr. LUETKEMEYER. Mr. Chairman, regulators, put pressure on banks so closures and people lose their homes. I yield myself such time as I may con- banks would stop banking legal busi- We have seen homes underwater. We sume. nesses that we don’t like—guess what have increased homelessness. We have I just want to make a few comments happens if they can’t bank? They will seen the targeting of some of the most here. It seems that the ranking mem- go out of business, and we will have vulnerable communities in our coun- ber, as eloquently as she has spoken, less guns, less ammunition, and we will try, based on the fraudulent practices continues to deflect from the bill we have less short-term lending. That is of banks. are talking about with regard to talk- exactly what they have done. The Justice Department has a tool, ing about mortgage servicing assets, But we didn’t empower the FDIC to and they are using this tool. Why the mortgage crisis that we had a few make policy decisions. We said, hey, would any credible Member of Congress years ago. That is not in this bill. keep the banking system safe and want to take away the Justice Depart- We are talking about Operation sound. But like so many corners of this ment’s ability to investigate and to Choke Point, which is recognized by administration, they have expanded fine these institutions? the Department of Justice. The Over- that authority to advance their liberal, No, ladies and gentlemen, this is not sight and Government Reform Com- progressive agenda. about Choke Point. This is not about mittee has a report from their own

VerDate Sep 11 2014 23:41 Feb 04, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.009 H04FEPT1 Emcdonald on DSK67QTVN1PROD with HOUSE February 4, 2016 CONGRESSIONAL RECORD — HOUSE H575 email showing that within their own Committee by a vote of 35–19. In voting proven that it is willing to use its in- agency there was a discussion among to pass H.R. 766 today, I will be voting vestigatory powers in order to deal the legal staff, believing they didn’t to rein in this out-of-control adminis- with these big banks. have the ability to do what they do. tration and its assault on small, legal So listen very carefully and listen to They thought it was illegal themselves businesses not only in Florida, but all this Choke Point stuff that they are to do what they were doing, and yet across the country. trying to ram down your throats. Lis- they did this. Ms. MAXINE WATERS of California. ten and look them in the eye and see if Mr. Chairman, for anybody who is Mr. Chairman, I yield myself such time they can look you back in the eye and listening and watching today, it should as I may consume. defend what they are doing. send a chill down their spine when you Let me draw Members’ attention to Don’t allow them to mislead you, sit here and have the leading law en- what is being attempted on the oppo- Members of this Congress, into think- forcement agency in this country be- site side. They keep talking about ing that this bill is all about protecting lieve and know that they are doing Choke Point and how they want to save payday lenders and rent-to-own and something wrong and still do it. That, payday lenders and rent-to-own and pawnshop owners and all these busi- Mr. Chairman, cannot happen. pawnshops and all of that. I may have nesses that they care so much about. Mr. Chairman, I yield 2 minutes to some issues with some of that, but that This is about stripping the Depart- the distinguished gentleman from Flor- is not what this is about today. Today, ment of Justice of their power to inves- ida (Mr. ROSS), a cosponsor of the bill this is about the fact that they refuse tigate and subpoena. This is about pull- and a member of the Financial Serv- to tell you what is really in this bill. ing the rug out from under the citizens ices Committee. They cannot stand up and defend why of this country who have tried to own Mr. ROSS. Mr. Chairman, want to in the world they would be taking homes and who have not been pro- thank Chairman LUETKEMEYER for in- away the Justice Department’s ability tected by their own government until troducing this legislation which pro- to investigate bad banks. They cannot we had reform. This is about saying hibits the Department of Justice from tell you why they are ignoring the les- they don’t care what the Justice De- cutting off financial support to law- sons of 2008 and predatory lending and partment has been able to do to rein in abiding businesses through its Oper- what the Justice Department has been these practices. They are going to ation Choke Point. able to do using FIRREA and inves- come here today with a bill and tell Created under the guise of a program tigating and fining and getting settle- you it is all about Choke Point. to root out banking fraud and money ments. I reserve the balance of my time. laundering, Operation Choke Point has They cannot tell you why they would Mr. HENSARLING. Mr. Chairman, I morphed into an instrument used by ignore the fact that many innocent yield 3 minutes to the gentleman from administration bureaucrats to pressure middle class folks who work every day Colorado (Mr. TIPTON), an outstanding and force banks to end relationships and who fought hard to make down member of the committee. with the legitimate businesses the ad- payments and signed on the dotted line Mr. TIPTON. I thank the chairman ministration considers to be a for mortgages didn’t know that they for yielding. ‘‘reputational risk.’’ were being tricked into signing mort- Mr. Chairman, we found some com- This country is made up of all walks gages that they could never really keep mon ground. The ranking member was of lives and all walks of entrepreneurs up with and that the interest rates just talking about listening to Oper- and small businesses, yet this adminis- would reset and go higher and higher ation Choke Point. I think that is im- tration has targeted these small and le- and they were going to lose their portant for every American, because gitimate businesses. homes. we are talking about freedom. We are I have a cigar retailer back home They cannot defend the predatory talking about reining in an out-of-con- who was told by his bank that he could lending practices. They cannot defend trol bureaucracy. We are talking about no longer do business there. I have a the fraud. They cannot defend the un- actually preserving freedom in this gun store owner who was told the same dermining of the average American country, to take it back for the Amer- thing. I have a pawnshop that was told family. They cannot defend the fact ican people and for businesses as well. the same thing. that Americans lost their homes. So I want to applaud Chairman LUETKE- These targeted business owners do they are going to keep talking about MEYER for his leadership on this issue. not receive a note from the bank stat- Choke Point and how they have got to It prevents Federal banking issues ing: ‘‘Due to Operation Choke Point, protect payday lenders and how they from pressuring banks and credit we regretfully must end our financial have got to protect pawnshop owners unions to terminate customer accounts relationship with your business.’’ No. and how they have got to protect rent- with legal businesses. They are just discontinued from doing to-own and all those businesses they Although it is important to be able any banking relationship, without any hold so dearly and want to protect. to prevent fraud in the banking sys- notice whatsoever. This really doesn’t have anything to tem, Operation Choke Point has large- If what we have done with the De- do with that. If they want to have a ly been abused by the agencies and partment of Justice and the FDIC is real discussion about Choke Point, we their regulators, pressuring and manip- empower them with the ability to deny are willing to do that; but, this is not ulating financial institutions based on a fundamental right of constitutional the time to do it. personal prejudices of Federal bureau- due process, then yes, we need to cor- This is not the time to use this to crats. rect it. We have that obligation. hide behind the fact that you want to In my district and many others As the chairman points out, we ought protect the big banks. As a matter of across the U.S., legitimate businesses to be outraged over these administra- fact, this is so outrageous, it basically have found themselves shut out of the tors doing this to our legitimate busi- says that, instead of the Justice De- banking system after years of long- nesses. partment or anyone going after the standing relationships with banks and This legislation, introduced by my banks, it would protect the banks by credit unions. Oftentimes, this colleague, will prohibit any Federal saying that you can’t go after the derisking means that these legal busi- banking agency from suggesting, re- banks and you have to protect them nesses are further shunned by other fi- questing, or ordering a depository in- and you can’t go against them. nancial institutions fearful of civil and stitution to terminate a customer ac- I am simply saying over and over criminal liability as well as greater count or prohibiting an institution again that I don’t care how many Mem- regulatory scrutiny. from maintaining a banking relation- bers they call up and I don’t care how Thankfully, this legislation puts ship with specific customers unless the many Members come and talk about commonsense restraints on regulators agency has a material reason to do so, Choke Point, somebody needs to tell us that have been running amok. By re- and that reason is not solely based on why they can’t talk about taking away quiring Federal banking agencies to reputational risk. the investigatory powers and the power provide a material reason other than This bipartisan, commonsense legis- to subpoena from the Justice Depart- reputational risk for terminating a lation passed the Financial Services ment, a Justice Department that has customer account, this bill establishes

VerDate Sep 11 2014 23:41 Feb 04, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.010 H04FEPT1 Emcdonald on DSK67QTVN1PROD with HOUSE H576 CONGRESSIONAL RECORD — HOUSE February 4, 2016 necessary, clear standards to avoid fur- Ms. MAXINE WATERS of California. When you couple that discussion to ther abuses. I yield myself such time as I may con- overshadow what you are doing, to b 1100 sume. strip the Justice Department of its Mr. Chairman and Members, after the powers to investigate, what you are Instead of relying on implicit or ex- Justice Department finally began to doing is you are setting up a situation plicit threats from regulators, this leg- use the Financial Institutions Reform, to take us backwards and to harm so islation requires written justification Recovery, and Enforcement Act that many people. of any request to terminate or restrict we refer to as FIRREA to create some Have you forgotten the lessons al- customer accounts. semblance of justice for financial cri- ready of 2008? Have you forgotten al- It is clear that, despite several let- sis-era bank fraud and misconduct, my ready what this country went through? ters, hearings, and warning by Con- Republican colleagues respond by re- Have you forgotten that the citizens of gress, financial institutions continue stricting the Department of Justice’s this country had to bail out the biggest to face unwarranted pressure from the most powerful tool for holding banks banks to keep us from going into a de- regulators. These requirements provide accountable. pression? the necessary oversight to ensure This is an interesting debate that we We went into a recession. We tore up banks, credit unions, and their cus- are having. We are sitting here won- communities. We threw people out of tomers are treated in a fair manner. dering why it is that not one Member their homes. We increased homeless- I am happy to lend my support to on the Republican side of the aisle who ness. this bill, and I encourage my col- has taken to the floor to debate this Now you want to come back and give leagues to support this commonsense bill will talk about FIRREA and will the banks an opportunity to do what measure. I again thank the gentleman talk about the Justice Department and got us into trouble in the first place? from Missouri for his efforts on this what you are doing in stripping away Well, I can’t imagine that you are pre- legislation. their powers. pared to defend that. Ms. MAXINE WATERS of California. I know why. Because you know that, The common theme throughout H.R. Mr. Chairman, I continue to reserve if, in fact, you really got up and talked 766 and many of the proposals that, un- the balance of my time. about what you were doing, you would fortunately, cleared the Financial Mr. HENSARLING. Mr. Chairman, I lose all of the votes even on your side Services Committee is that, even in yield 2 minutes to the gentleman from of the aisle. This is outrageous. So you the aftermath of the financial crisis, Texas (Mr. WILLIAMS), another out- are hiding behind Choke Point. my Republican colleagues would have Not one Member on the opposite side standing member of our committee. you believe it is the big banks that are of the aisle has the guts to get up and Mr. WILLIAMS. Mr. Chairman, the ones in need of protection, protec- say: I can’t do this. I am going to talk thank you for the time. tion from the Consumer Financial Pro- I rise today to support H.R. 766, the about what this bill is really about. And so they continue to march down tection Bureau. Financial Institution Customer Protec- Mr. Chairman, I yield back the bal- tion Act of 2016. here, taking their orders to talk about Choke Point, Choke Point, Choke ance of my time. As a small-business owner for 44 The Acting CHAIR. Members are re- years, I have seen it all—or at least I Point. No. No. No. This is about stripping minded to please address their remarks thought I saw it all—and I am deeply the Justice Department of its inves- to the Chair. troubled over a Federal Government tigatory powers and its subpoena pow- Mr. HENSARLING. Mr. Chairman, I program that I believe to be, at best, ers. yield 2 minutes to the gentleman from immoral and, at worst, illegal: Oper- FIRREA is the last line of defense be- Arkansas (Mr. HILL), one of the most ation Choke Point. tween consumers and investors and knowledgeable members of our com- The Obama White House has single- bank fraud. Central to the DOJ’s abil- mittee. handedly granted itself the authority ity to investigate fraud and to build Mr. HILL. Mr. Chairman, I am to cut off relationships between private cases against financial institutions is pleased to address H.R. 766. financial institutions and the perfectly its subpoena power, power that H.R. 766 Before I talk about what my con- legitimate businesses which they serve. singles out for unprecedented and bur- stituents have asked me to talk about, This Congress has not passed any legis- densome restrictions. Mr. Chairman, which is the problems lation granting the executive branch Instead of bolstering the Justice De- with Operation Choke Point, for I do such immense power. partment’s ability to investigate mort- take my instruction from my constitu- Mr. Chairman, all of us here have gage fraud, H.R. 766 seeks to actually ents at home, I do want to call my dis- bore witness to the Obama administra- protect the banks and to insulate them tinguished ranking member’s concern tion’s willingness to bypass the law- from accountability. Wow. Wow. to this report about this bill, which making branch of our government, but Can you just imagine that anyone says, ‘‘or a Federally insured financial this is a new low. Operation Choke could go home to their constituents institution against an unaffiliated Point is the worst example of the and say: I just voted for a bill that third person.’’ Obama White House telling Americans would actually protect banks and insu- So I have to say, Mr. Chairman, I what is best for them, and there is no late them from accountability, I just don’t understand where the gentle- appeals process. voted for a bill to strip the Justice De- woman from California is coming from Mr. Chairman, this is the worst form partment of its power to investigate? in terms of gutting FIRREA. It was of government intrusion I have ever Bank fraud should be met with the certainly my privilege to serve at seen and can think of. Operation Choke full force of the Federal Government. Treasury when FIRREA was negotiated Point is another example of this ad- H.R. 766 is a dangerous step backwards with the Congress and enacted into ministration’s going around Congress for an economy still reeling from fi- law. to create laws rather than do their job, nancial crisis-era fraud and mis- I rise today, though, to support H.R. to enforce the laws we already have on conduct. 766, the Financial Institution Customer the books. Every regulator has been clear that Protection Act, which helps to target As a second-generation small-busi- account closures aren’t the result of and stop the egregious abuse of execu- ness owner, I support H.R. 766, which pressure from regulators, but from tive power in what has been known as will rein in this abuse of power. Oper- banks that have decided that, for some Operation Choke Point. ation Choke Point is un-American and customers, they would rather lose their Bank examiners want our commer- deceiving. It is simply wrong. business than investigate any anti- cial banks across the country to be I urge my colleagues to support this fraud practices to protect our financial conscious of reputation risk, some- bill and do away with Operation Choke system from money laundering. thing every institution, large and Point once and for all. Let’s save small Look, you have got people who are small, takes very, very seriously. business. Let’s save Main Street Amer- willing to work on that part of public Our boards of directors of our banks ica. policy that you would like to see some understand that, just like credit risk, In God we trust. changes in, but this is not it. reputation risk is important. We don’t

VerDate Sep 11 2014 00:01 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.011 H04FEPT1 Emcdonald on DSK67QTVN1PROD with HOUSE February 4, 2016 CONGRESSIONAL RECORD — HOUSE H577 need to be lectured on the dangers of and Enforcement Act, currently re- Street from the billions of dollars and doing business with some high-risk ferred to as FIRREA, to force banks to the thousands of lawyers at the so- customers. terminate banking relationships with called Justice Department who wake But, in Operation Choke Point, we certain categories of merchants even if up one day and decide that, notwith- find subtle and not-so-subtle pressure its unlawful behavior isn’t present. standing current law, they are going to from regulators to terminate business Representative LUETKEMEYER’s bill put them out of business? relationships rather than to expose would clarify the original intent of Fortunately, Mr. Chairman, we have that reputation risk. FIRREA. Unfortunately, the minority one outstanding Member of Congress, I have heard from pawnbrokers in Ar- leader and the ranking member of the the gentleman from Missouri (Mr. kansas, legally licensed State and Fed- committee have been spreading misin- LUETKEMEYER), my colleague who is erally regulated businesses, that they formation about the impact of H.R. 766. standing up to these people. He is are victims of Operation Choke Point So I will spend the rest of my remarks standing up to these people by author- by having their bank servicing limited outlining exactly what the bill will do ing H.R. 766, and he is saying enough is or cut off. and what it will not do. enough. And we must say enough is The Acting CHAIR. The time of the It does not decriminalize any type of enough. gentleman has expired. fraud. All of these criminal statutes Fortunately, Mr. Chairman, a num- Mr. HENSARLING. I yield the gen- comprising FIRREA’s predicted of- ber of Democrats on the other side of tleman an additional 30 seconds. fenses are untouched by this bill. the aisle have actually joined with our Mr. HILL. Just last week, Mr. Chair- H.R. 766 does not prohibit the Depart- side to say that justice must prevail man, not 2 years ago, a firearms dealer ment of Justice from holding financial and that the rule of law must prevail. in my hometown of Little Rock was institutions accountable. FIRREA I suspect that is why the ranking mem- dumped by his payment processor and tools are still available for the pursuit ber—bless her heart—had to spend so is now having to pay more in interest, of any of the frauds committed by bank much time speaking herself, because having less control of his cash. insiders against the bank. she probably couldn’t find any other These are small, legitimate busi- Additionally, the bill expressly pro- speakers to come and help her out. nesses that do business with our banks, vides that FIRREA’s civil tools also It is an outrage, Mr. Chairman, that and they are being penalized by the apply to fraud committed by the bank this administration continues to tram- prejudiced, politicized agenda of this against an unaffiliated third party. ple on the Constitution. Clearly, we administration. In other words, where a bank de- know the President has his pen and he This is not the only example. It is frauds a purchaser of a mortgage- has his phone. But he clearly doesn’t reminiscent of the IRS targeting of backed security, as was alleged by the have a copy of the Constitution. For le- conservative groups. big bank settlements, FIRREA’s civil gally constituted businesses to have to So, with great pleasure, I support my tools remain available to the Depart- fear that, in the dark of night, they are friend from Missouri’s bill. It is a rea- ment of Justice. going to be shut down by the awesome sonable, targeted approach. I urge all H.R. 766 does prohibit the use of power of the Obama administration is my colleagues to support it. FIRREA tools where fraud is com- an outrage. All Americans should be Mr. HENSARLING. Mr. Chairman, mitted by a bank’s account holder, but outraged. how much time is remaining, please? not by the bank itself. Frankly, when is it that we will have The Acting CHAIR. The gentleman This is the type of self-affecting the ranking member and others stand from Texas has 20 minutes remaining. fraud that the Department of Justice up for the rule of law? We are losing Mr. HENSARLING. Mr. Chairman, I asserted that gave rise to Operation the rule of law to the discretion of reg- yield 3 minutes to the gentleman from Choke Point. In other words, the fraud ulators. If there was any justice in the Texas (Mr. NEUGEBAUER), my friend must be committed by the bank or Obama Justice Department, somebody and chairman of our Financial Institu- against the bank for FIRREA to apply. would be indicted over Operation tions and Consumer Credit Sub- I hope everyone will read page 6, Choke Point. Perhaps, Mr. Chairman, committee. lines 21–25, of the bill. they should indict themselves for Mr. NEUGEBAUER. Mr. Chairman, I Finally, H.R. 766 does limit the abil- bringing forth something we haven’t rise today to support H.R. 766, the Fi- ity of the Attorney General to delegate seen since the Nixon era. What else is nancial Institution Customer Protec- issuance of FIRREA civil subpoenas. going to be in the bag of dirty tricks? tion Act of 2015, offered by my good As a result, FIRREA subpoenas must Somebody has to stand up against friend from Missouri (Mr. LUETKE- be signed by the Attorney General or the elites in Washington who bypass MEYER). the Deputy Attorney General rather article I, section 1 of our Constitution. This legislation is critical to ensure than a low-ranking Department of Jus- All legislative power is vested in this small businesses across the country are tice attorney. body. It is not vested in the Justice De- able to access basic banking services Unfortunately, we yet have another partment, Mr. Chairman. They are sup- without the threat of being targeted at example of the minority not actually posed to enforce the law, not make the the political or ideological whims of reading the text of the bill before mak- law. Washington bureaucrats. ing public statements. To wake up one morning and find out As my colleagues have mentioned, Going forward, I hope the minority that your bank account and your ac- H.R. 766 prohibits the Federal Govern- will study the text of the bill instead of cess to funds have been choked off by ment banking regulators from formally relying on false statements and talking an oppressive Federal Government, or informally prohibiting banks to points of the senior Senator from Mas- lawlessly, has to be stopped. Where is serve lawful and legitimate businesses. sachusetts. the justice, Mr. Chairman? I ask you, Let me repeat that. It keeps them from where is the justice? prohibiting banks from serving lawful b 1115 Now, just yesterday I learned that on and legitimate businesses. Mr. HENSARLING. Mr. Chairman, the other side of the Capitol, we had a Over the last several years, we have how much time do I have remaining? Senator from Massachusetts who in- seen an effort by the Department of The Acting CHAIR. The gentleman voked the names of three dead African Justice, in cooperation with the Fed- from Texas has 7 minutes remaining. Americans who tragically lost their eral banking regulators, to target cer- Mr. HENSARLING. Mr. Chairman, I lives and used that bloody shirt to at- tain categories of lawful merchants. yield myself the balance of my time. tack this bill. Then this very same These merchants include gun stores, Mr. Chairman, I have had the privi- Senator turned around and put out a short-term, small-dollar credit lenders, lege to serve in this body for a number fundraising appeal on H.R. 766. and others. This effort has been offi- of terms, but I have not lost my ability The American people have not lost cially named Operation Choke Point. to be outraged. Operation Choke Point their ability to be outraged at those Operation Choke Point has used a is an outrage to the American people. who may possess Ivy League degrees perverse interpretation of the Finan- Who will stand up and defend the and Washington, D.C., addresses who cial Institutions Reform, Recovery, small mom and pop shops on Main have the arrogance to tell them what is

VerDate Sep 11 2014 00:01 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.013 H04FEPT1 Emcdonald on DSK67QTVN1PROD with HOUSE H578 CONGRESSIONAL RECORD — HOUSE February 4, 2016 best for them, their businesses, their nancing, such belief shall satisfy the materiality there are reasonable grounds to believe that the lives, and their families. requirement under paragraph (1)(A). information or testimony sought is relevant and It is time that we respect the rule of (b) NOTICE REQUIREMENT.— material for conducting an investigation under law. It is time that we respect the Con- (1) IN GENERAL.—If an appropriate Federal this section; or banking agency formally or informally requests ‘‘(ii) either personally or through delegation stitution. It is time that we choke off or orders a depository institution to terminate a no lower than the Deputy Attorney General, Operation Choke Point and put it into specific customer account or a group of customer issues and signs a subpoena for such actions the dustbin of history: the history of accounts, the agency shall— and such subpoena is supported by specific and dirty tricks and the history of lawless- (A) provide such request or order to the insti- articulable facts showing that there are reason- ness. tution in writing; and able grounds to believe that the information or That is why it is so important, Mr. (B) accompany such request or order with a testimony sought is relevant for conducting an Chairman, that all Members—Demo- written justification for why such termination is investigation under this section.’’. needed, including any specific laws or regula- The Acting CHAIR. No amendment crat, Republican, and liberals—let tions the agency believes are being violated by their voice be heard by casting their the customer or group of customers, if any. to that amendment in the nature of a vote for H.R. 766. (2) JUSTIFICATION REQUIREMENT.—A justifica- substitute shall be in order except Why—why—do Members outsource tion described under paragraph (1)(B) may not those printed in part B of House Report their legislative authority to the unac- be based solely on the reputation risk to the de- 114–414. Each such amendment may be countable and unelected? Sooner or pository institution. offered only in the order printed in the later, Mr. Chairman, the shoe is going (c) CUSTOMER NOTICE.— report, by a Member designated in the to be on the other foot. (1) NOTICE NOT REQUIRED.—Nothing in this report, shall be considered read, shall section shall be construed as requiring a deposi- Who will stand for justice today? We tory institution or an appropriate Federal bank- be debatable for the time specified in will look closely as the names come up ing agency to inform a customer or customers of the report, equally divided and con- on the big board. The American people the justification for the customer’s account ter- trolled by the proponent and an oppo- are watching, and they want to know: mination described under subsection (b). nent, shall not be subject to amend- Who is going to stand with me? Who is (2) NOTICE PROHIBITED IN CASES OF NATIONAL ment, and shall not be subject to a de- going to stand for the rule of law? Who SECURITY.—If an appropriate Federal banking mand for division of the question. agency requests or orders a depository institu- is going to stand for the Constitution? AMENDMENT NO. 1 OFFERED BY MR. SHERMAN Who is going to stand for the little peo- tion to terminate a specific customer account or a group of customer accounts based on a belief The Acting CHAIR. It is now in order ple in America? that the customer or customers pose a threat to to consider amendment No. 1 printed in I am proud to stand with Chairman national security, neither the depository institu- part B of House Report 114–414. LUETKEMEYER and the Republicans of tion nor the appropriate Federal banking agen- Mr. SHERMAN. Mr. Chairman, I have the House Financial Services Com- cy may inform the customer or customers of the an amendment at the desk. mittee to ensure that Operation Choke justification for the customer’s account termi- The Acting CHAIR. The Clerk will nation. Point is choked off once and for all. designate the amendment. (d) REPORTING REQUIREMENT.—Each appro- Mr. Chairman, I yield back the bal- The text of the amendment is as fol- ance of my time. priate Federal banking agency shall issue an annual report to the Congress stating— lows: The Acting CHAIR. All time for gen- (1) the aggregate number of specific customer Page 2, line 6, strike ‘‘poses’’ and all that eral debate has expired. accounts that the agency requested or ordered a follows through ‘‘such belief’’ and insert the Pursuant to the rule, the bill shall be depository institution to terminate during the following: ‘‘is, or is acting as a conduit for, considered for amendment under the 5- previous year; and an entity which— minute rule. (2) the legal authority on which the agency (A) poses a threat to national security; It shall be in order to consider as an relied in making such requests and orders and (B) is involved in terrorist financing; original bill for the purpose of amend- the frequency on which the agency relied on (C) is an agency of the government of Iran, ment under the 5-minute rule an each such authority. North Korea, Syria, or any country listed (e) DEFINITIONS.—For purposes of this section: amendment in the nature of a sub- from time to time on the State Sponsors of (1) APPROPRIATE FEDERAL BANKING AGENCY.— stitute consisting of the text of Rules Terrorism list; The term ‘‘appropriate Federal banking agen- (D) is located in, or is subject to the juris- Committee Print 114–41. That amend- cy’’ means— diction of, any country specified in subpara- ment in the nature of a substitute shall (A) the appropriate Federal banking agency, graph (C); or be considered as read. as defined under section 3 of the Federal De- (E) does business with any entity described The text of the amendment in the na- posit Insurance Act (12 U.S.C. 1813); and in subparagraph (C) or (D), unless the appro- ture of a substitute is as follows: (B) the National Credit Union Administration, priate Federal banking agency determines in the case of an insured credit union. H.R. 766 that the customer or group of customers has (2) DEPOSITORY INSTITUTION.—The term ‘‘de- used due diligence to avoid doing business Be it enacted by the Senate and House of Rep- pository institution’’ means— with any entity described in subparagraph resentatives of the United States of America in (A) a depository institution, as defined under (C) or (D), Congress assembled, section 3 of the Federal Deposit Insurance Act such belief SECTION 1. SHORT TITLE. (12 U.S.C. 1813); and Page 2, line 9, strike ‘‘materiality require- This Act may be cited as the ‘‘Financial Insti- (B) an insured credit union. ment under paragraph (1)(A)’’ and insert ‘‘re- tution Customer Protection Act of 2015’’. SEC. 3. AMENDMENTS TO THE FINANCIAL INSTI- quirement under paragraph (1)’’. SEC. 2. REQUIREMENTS FOR DEPOSIT ACCOUNT TUTIONS REFORM, RECOVERY, AND Page 3, line 16, after ‘‘security’’ insert the TERMINATION REQUESTS AND OR- ENFORCEMENT ACT OF 1989. following: ‘‘, or are otherwise described DERS. Section 951 of the Financial Institutions Re- under subsection (a)(2)’’. (a) TERMINATION REQUESTS OR ORDERS MUST form, Recovery, and Enforcement Act of 1989 (12 BE MATERIAL.— U.S.C. 1833a) is amended— The Acting CHAIR. Pursuant to (1) IN GENERAL.—An appropriate Federal (1) in subsection (c)(2), by striking ‘‘affecting House Resolution 595, the gentleman banking agency may not formally or informally a federally insured financial institution’’ and from California (Mr. SHERMAN) and a request or order a depository institution to ter- inserting ‘‘against a federally insured financial Member opposed each will control 5 minate a specific customer account or group of institution or by a federally insured financial minutes. customer accounts or to otherwise restrict or dis- institution against an unaffiliated third per- The Chair recognizes the gentleman courage a depository institution from entering son’’; and from California. into or maintaining a banking relationship with (2) in subsection (g)— a specific customer or group of customers un- (A) in the header, by striking ‘‘SUBPOENAS’’ Mr. SHERMAN. Mr. Chair, this is less— and inserting ‘‘INVESTIGATIONS’’; and really two bills that have been put to- (A) the agency has a material reason for such (B) by amending paragraph (1)(C) to read as gether. One deals with Operation request or order; and follows: Choke Point, and for reasons explained (B) such reason is not based solely on reputa- ‘‘(C) summon witnesses and require the pro- by the majority, it is important that tion risk. duction of any books, papers, correspondence, we pass that part of the legislation. (2) TREATMENT OF NATIONAL SECURITY memoranda, or other records which the Attor- The other imposes restrictions on THREATS.—If an appropriate Federal banking ney General deems relevant or material to the agency believes a specific customer or group of inquiry, if the Attorney General— FIRREA, and for reasons eloquently customers poses a threat to national security, ‘‘(i) requests a court order from a court of expressed by the ranking member, I do including any belief that such customer or competent jurisdiction for such actions and of- not support that part of the bill. I, group of customers is involved in terrorist fi- fers specific and articulable facts showing that frankly, do not know how I am going

VerDate Sep 11 2014 00:01 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.014 H04FEPT1 Emcdonald on DSK67QTVN1PROD with HOUSE February 4, 2016 CONGRESSIONAL RECORD — HOUSE H579 to vote because of these portions of the pa and Main Street, does not have an account or a group of customer accounts, the bill, one is important to pass, and the effect that the author never included in depository institution shall inform the cus- other is a restriction that I cannot sup- our national security policy. tomer or customers of the justification for port. Mr. Chairman, I yield 1 minute to the the customer’s account termination de- scribed under subsection (b). I will point out for all of us who want gentlewoman from California (Ms. to deal with Operation Choke Point MAXINE WATERS). The Acting CHAIR. Pursuant to that it is unfortunate that these two Ms. MAXINE WATERS of California. House Resolution 595, the gentleman bills have been put together into one Mr. Chairman, I would like to thank from Arizona (Mr. GOSAR) and a Mem- because we know the President isn’t the gentleman from California who has ber opposed each will control 5 min- going to sign this bill if it has got the shown his concern about the Choke utes. FIRREA portion in it. So it is my hope Point provisions of the bill. He is abso- The Chair recognizes the gentleman that we put on the President’s desk a lutely right. Both of these issues are in from Arizona. bill that protects American businesses this bill. We cannot divide it in the Mr. GOSAR. Mr. Chairman, I rise from Operation Choke Point, a bill way that we are moving forward. And today to offer a commonsense amend- that the President can sign. it means that if this bill passes, no ment that will protect customers of fi- I want to use the time allotted here matter what the concern may be, the nancial institutions and increase trans- to try to improve the Operation Choke overriding concern must be about parency between them and the Federal Point provisions because I hope they stripping the Justice Department of its Government. are ultimately signed into law. investigatory power and its subpoena I applaud the committee for bringing Now, why are those Operation Choke power. It must be about undermining this bill to the floor to protect con- Point provisions important? As the the Justice Department’s ability to sumers and businesses from an over- majority has explained, various busi- hold these big banks accountable. reaching Federal Government. I am es- nesses that are currently unpopular I don’t think you can divide this. pecially grateful to Representative with the bureaucracy are being tar- This is one bill. LUETKEMEYER for his work on the bill, geted, and it is an extremely powerful Mr. SHERMAN. Reclaiming my time, and I am proud to be a cosponsor. tool to destroy a business and to cut Mr. Chairman, this bill will be going My amendment will increase trans- off its access to financial institutions. through the legislative process. It is parency by requiring the financial in- Today they come for the gun stores important that we improve the Oper- stitutions to provide notice to cus- and the tobacco dealers. And I don’t ation Choke Point provisions. tomers if their account is ordered ter- have friends who are gun store owners I have enjoyed working with the gen- minated by a Federal banking regu- and tobacco dealers, so some would say tleman from Missouri, and I hope that lator. Customers have a right to be in- I should be quiet. But I do not know he will see fit to accept this amend- formed when the Federal Government who the next President of the United ment and to narrow it to a focus out- has instructed a financial institution States will be. And as I listen to the side of terrorism policy. to close their accounts. RECORD, I know that if they have the Mr. Chairman, I yield back the bal- In the base bill, Federal banking power, they will come after the ance of my time. agencies are required to notify the fi- Planned Parenthood clinics and the en- Mr. HENSARLING. Mr. Chairman, I nancial institution and provide written vironmental organizations. ask unanimous consent to claim the justification as to why the termination Woe be to a Congress that yields ex- time in opposition, although I am not is needed. My amendment would sim- treme power to the executive branch in opposed. ply require the depository institution the expectation that the executive The Acting CHAIR. Is there objection to share that justification with the branch will use it in a way that they to the request of the gentleman from customer. favor knowing that the tide turns and Texas? the other party could be in control of There was no objection. b 1130 that branch. So it is important that we The Acting CHAIR. The gentleman improve the Operation Choke Point from Texas is recognized for 5 minutes. One of the ways the Federal Govern- provisions of this bill. Mr. HENSARLING. Mr. Chairman, I ment has abused its powers in the past Every speaker who talked about the want to thank the gentleman from regarding customers of financial insti- tutions is Operation Choke Point. Op- Operation Choke Point provisions of California (Mr. SHERMAN), who is a this bill focused on mom and pop busi- very thoughtful member of the House eration Choke Point was an unconsti- nesses, domestic businesses. Every bit Financial Services Committee. tutional program created by the of the discussion in committee focused I wish to accept his amendment. I be- Obama administration that put pres- on that, and that is why it is important lieve it adds greater granularity and sure on banks and payment processors that this bill not have an unintended specificity on a very important issue. to shut down industries like gun stores consequence never discussed by anyone Since he lost an amendment yesterday, and pawn shops that President Obama at committee; that is, that it would af- I want him to bat at least .500. and the attorney general just didn’t fect our anti-terrorism and national se- Mr. Chairman, I yield back the bal- like. curity efforts. ance of my time. After continued pressure from Chair- So in the words of the Democratic The Acting CHAIR. The question is man LUETKEMEYER, myself, and other Daily Whip from Whip HOYER, the on the amendment offered by the gen- Members of Congress, the Federal De- Sherman amendment clarifies that the tleman from California (Mr. SHERMAN). posit Insurance Corporation, FDIC, an- underlying bill does not prevent bank- The amendment was agreed to. nounced in January of 2015 that some changes to this terrible program were ing regulators from requesting a finan- AMENDMENT NO. 2 OFFERED BY MR. GOSAR to be made. While this was a positive cial institution terminate a relation- The Acting CHAIR. It is now in order step, this bill and my amendment are ship because the customer poses a na- to consider amendment No. 2 printed in still very necessary. Congress needs to tional security threat, is engaged in part B of House Report 114–414. codify these customer protections to terrorist financing, or is domiciled in Mr. GOSAR. Mr. Chairman, I have an prevent future abuses by an over- Iran, North Korea, Syria, or another amendment at the desk. reaching Federal Government. state sponsor of terrorism. The Acting CHAIR. The Clerk will I think it is a step forward to im- My amendment will help put an end designate the amendment. prove the Operation Choke Point por- The text of the amendment is as fol- to the abuses of Operation Choke tions of this bill. I think that, as fur- lows: Point. President Obama has been ther improved, those provisions should staunch in his assault on the Second and, I believe, will become law. So I Page 3, strike lines 4 through 9 and insert Amendment, and Operation Choke the following: ask support for an amendment that (1) NOTICE REQUIRED.—Except as provided Point was simply another way for the makes it clear that a bill that was dis- under paragraph (2), if an appropriate Fed- President and the DOJ to infringe upon cussed only in the sense of domestic eral banking agency orders a depository in- the rights of lawful gun owners and businesses, only in the sense of ma and stitution to terminate a specific customer businesses.

VerDate Sep 11 2014 03:07 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.028 H04FEPT1 Emcdonald on DSK67QTVN1PROD with HOUSE H580 CONGRESSIONAL RECORD — HOUSE February 4, 2016 American citizens do not want Big customer, or a consumer, would not to cross the big banks. As a matter of Government to have the power to arbi- have the ability to understand that fact, they used too much of their ca- trarily terminate their accounts at fi- their account was actually closed. I am reer to protect the big banks. nancial institutions based on ideolog- totally miffed at personal rights and This is an outrage. I want the Mem- ical opposition to individuals or orga- responsibilities and the coordination bers of this Congress to understand, we nizations. This simple, commonsense with the Justice Department. have got time to have a discussion amendment, which is supported by Once again, this is the second amend- about Choke Point and all of that. We Americans for Limited Government, ment I have offered on Financial Serv- have Members on both sides of the aisle the National Rifle Association, Gun ices with the same type of attitude and who would work with you on those Owners of America, and Eagle Forum, idiocrasy that I have actually seen in issues. This is not it. is about protecting consumers and in- defiance of a commonsense amend- You should not have placed this part creasing transparency. ment. in this bill. You should not have had to CBO has informed me that this I oppose the gentlewoman’s objec- try and make believe that this is all amendment will not score. As such, tions, and I would ask everyone to vote about Choke Point when, in fact, the there is no reason not to pass this for this amendment. real big deal in this bill is about how amendment or this bill that will in- I yield back the balance of my time. you are going to try to protect the big- gest and the worst banks. crease transparency and protect con- Ms. MAXINE WATERS of California. Mr. Chairman and Members, I would We have pointed out to you in this sumers throughout the Nation. discussion all of the big fines that have I urge my colleagues to support this ask the Members of this Congress to not pay attention to what has been at- been imposed against these banks. Did amendment and H.R. 766. these banks say, ‘‘No, we didn’t do it’’? I thank the distinguished chair and tempted by the opposite side of the aisle. Did these banks say, ‘‘I am not going ranking member. to accept this. I am going to court, and I reserve the balance of my time. Again, I challenged them and I asked them to talk about FIRREA. I asked I am going to fight’’? You know they Ms. MAXINE WATERS of California. rolled over because they are guilty, and them to talk about the bill that takes Mr. Chairman, I claim the time in op- you know that they are. position. away the investigatory powers of the Please do not be diverted from the The Acting CHAIR. The gentlewoman Justice Department. I asked them to real meaning of this bill. This bill is is recognized for 5 minutes. explain why they would take away sub- about crippling the Department of Jus- Ms. MAXINE WATERS of California. poena powers from the Justice Depart- tice and not about Choke Point. Mr. Chairman, Mr. GOSAR’s amendment ment. I asked them if they remembered I yield back the balance of my time. is a dangerous amendment to an al- what happened when this country went The Acting CHAIR (Mr. WOMACK). ready highly problematic bill. As the into a recession, almost a depression, The question is on the amendment of- OCC deputy comptroller noted in 2015 because of predatory lending. I asked fered by the gentleman from Arizona testimony before our committee: ‘‘In them did they want to have their name (Mr. GOSAR). the rare cases where a customer has and their vote behind big banks that The amendment was agreed to. engaged in suspected criminal or other are guilty of fraud, who have been fined The Acting CHAIR. The question is illegal activity,’’ the OCC ‘‘may order enormous sums of money by the Jus- on the amendment in the nature of a the bank through an enforcement ac- tice Department because they were substitute, as amended. tion to terminate the customer’s ac- found guilty, and I am asking them to The amendment was agreed to. count.’’ talk about this. So this is a distrac- The Acting CHAIR. Under the rule, H.R. 766 creates a national security tion. This is obscuring the real bill the Committee rises. exception for customer notice, but it that is before us. Accordingly, the Committee rose; leaves the term undefined in a case Forget about this Choke Point part and the Speaker pro tempore (Mr. ROD- where the illegal activity does not pose of the bill. We have time to work on NEY DAVIS of Illinois) having assumed a threat to national security. Mr. that. There are some Members on the the chair, Mr. WOMACK, Acting Chair of GOSAR’s amendment would potentially opposite side of the aisle that share the Committee of the Whole House on force banks to tip off someone engag- some of those concerns, but not in this the state of the Union, reported that ing in criminal activity, frustrating bill. They coupled it with this taking that Committee, having had under con- regulators’ oversight of Federal anti- away of the Department of Justice sideration the bill (H.R. 766) to provide money laundering laws. power because they knew that they requirements for the appropriate Fed- Mr. GOSAR’s amendment exacerbates could somehow divert the attention eral banking agencies when requesting an already highly problematic pro- over to the so-called Choke Point and or ordering a depository institution to posal, and I would urge my colleagues talk about this administration and terminate a specific customer account, to oppose this amendment. talk about guns and talk about payday to provide for additional requirements Mr. Chairman and Members, again, I loans and talk about rent to own and related to subpoenas issued under the just want to point out, since I have pawn shops and all that. Financial Institutions Reform, Recov- time on this amendment, that this bill This is not about small business pro- ery, and Enforcement Act of 1989, and is not about all of this anyway. They tection. This is about using the Choke for other purposes, and, pursuant to keep focusing on Choke Point, and Point argument as a way to divert at- House Resolution 595, he reported the they come up with these questionable tention away from what they are really bill back to the House with an amend- ment adopted in the Committee of the amendments, et cetera, such as Mr. doing. Whole. GOSAR’s. Ladies and gentlemen, you can’t go The SPEAKER pro tempore. Under This is about the Republicans on the home and explain to your constituents the rule, the previous question is or- opposite side of the aisle stripping the why you would protect the too big to dered. Justice Department of its authority to fail banks, why you would take away Is a separate vote demanded on any go after these too big to fail banks and the power to make them accountable. amendment to the amendment re- taking away their investigatory powers They have harmed this country. They ported from the Committee of the and their subpoena powers, thus have harmed our citizens. They have Whole? threatening the citizens of this country caused people to lose their homes, and If not, the question is on adoption of once again to the kind of predatory they have increased the homelessness the amendment in the nature of a sub- lending that helped to almost bring with their predatory lending. stitute, as amended. down this economy starting in 2008. We have reform that we are trying to The amendment was agreed to. I ask for a ‘‘no’’ on this amendment, implement. I know every trick in the The SPEAKER pro tempore. The and I am going to ask for a ‘‘no’’ on the book has been played to try to under- question is on the engrossment and bill. mine Dodd-Frank and to keep us from third reading of the bill. I reserve the balance of my time. having the kind of reform because The bill was ordered to be engrossed Mr. GOSAR. Mr. Chairman, I am there are people who are just very close and read a third time, and was read the miffed. I am absolutely miffed that a to the big banks and they are not going third time.

VerDate Sep 11 2014 00:01 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.021 H04FEPT1 Emcdonald on DSK67QTVN1PROD with HOUSE February 4, 2016 CONGRESSIONAL RECORD — HOUSE H581 MOTION TO RECOMMIT licans are trying to give their special sides with our hardworking families Ms. CASTOR of Florida. Mr. Speaker, interest friends a break they do not back home. My amendment will pre- I have a motion to recommit at the need at the expense of hardworking vent the legislation from taking effect desk. Americans. until the Department of Justice and The SPEAKER pro tempore. Is the Shortly after I was sworn into Con- banking regulators certify that no fi- gentlewoman opposed to the bill? gress in 2007, my neighbors started to nancial institutions that are covered Ms. CASTOR of Florida. I am op- come to me and express, sincerely, by the act have broken the law by tak- posed. about a problem that was happening. It ing advantage of servicemembers or by The SPEAKER pro tempore. The started in Florida almost earlier than perpetrating abuses in the mortgage Clerk will report the motion to recom- anywhere else. market. That is the very least my Re- mit. As the financial crisis took hold and publican colleagues could do. The Clerk read as follows: people began to lose their jobs or their In the meantime, American families Ms. Castor of Florida moves to recommit employers cut back on their hours, who are appalled at this kind of action the bill H.R. 766 to the Committee on Finan- they couldn’t keep up with their mort- in the Congress should know that the cial Services with instructions to report the gages. The deeper we dug in to it, we Democrats are united for opportunity same back to the House forthwith with the began to see a pattern of fraudulent for hardworking Americans, especially following amendment: practices by many in the mortgage for servicemembers and homeowners Add at the end the following: loan business. who are seeking to enjoy the American SEC. 4. EFFECTIVE DATE. After 2007, I had six foreclosure pre- Dream. Americans should be appalled (a) IN GENERAL.—Sections 2 and 3 shall vention workshops. At that time, I will that Republicans want to take the fi- take effect on the date that the Attorney never forget looking into the eyes of nancial cops off the beat and take tools General and the Federal financial institu- away from our Department of Justice tions regulatory agencies jointly certify to my neighbors, who asked for a little bit the Congress that in the preceding 5 years no of breathing room, a little bit of help. and U.S. attorneys. federally regulated financial institution has We came to Washington and we asked I ask my House Republican col- been subject to— for that help on behalf of American leagues to join us in working to build (1) a consent order, settlement, deferred families, not to let them off the hook an economy that works for all Ameri- prosecution agreement, civil or criminal for their mortgages, but to give them a cans, not just for the privileged few. I urge a ‘‘yes’’ vote on the motion. penalty for a violation of the little breathing room. The response Servicemembers Civil Relief Act; Side with American families. here in Washington was, instead, the (2) a consent order, settlement, deferred Mr. Speaker, I yield back the balance prosecution agreement, civil or criminal huge, multibillion-dollar Wall Street of my time. penalty for bank fraud, wire fraud, or mail bailout. Mr. HENSARLING. Mr. Speaker, I fraud relating to the origination, servicing, We asked, as part of that Wall Street rise in opposition to the gentlewoman’s securitization, or sale of a mortgage product; bailout of the big banks: Could you motion. or allow homeowners to have a little more The SPEAKER pro tempore. The gen- (3) a consent order, settlement, deferred breathing room so they could stay in tleman from Texas is recognized for 5 prosecution agreement, civil or criminal their homes? But, no, that couldn’t be penalty for unfair or deceptive acts and prac- minutes. tices relating to the origination, servicing, part of the multibillion-dollar Wall Mr. HENSARLING. Mr. Speaker, I securitization, or sale of a mortgage product. Street package. That was a lesson to think I have finally found some com- (b) DEFINITION.—For purposes of this sec- everyone across America who really mon ground with my friends on the tion, the term ‘‘Federal financial institu- holds the power here in Washington, other side of the aisle, which is that we tions regulatory agencies’’ has the meaning D.C. lament how few prosecutions there given that term under section 1121 of the Fi- Next week, I am still going to have have been after the great financial cri- nancial Institutions Reform, Recovery, and another foreclosure prevention work- sis. Enforcement Act of 1989 (12 U.S.C. 3350). shop with HOPE NOW and my local How about all of the former Demo- Ms. CASTOR of Florida (during the partners, because people are not healed cratic officials who used to warrant reading). Mr. Speaker, I ask unanimous and the fraud continues. Fannie and Freddie, which took tens of consent to dispense with the reading. On Monday of this week, I sat down millions of dollars of bonuses only to The SPEAKER pro tempore. Is there with my U.S. attorney in the middle see hundreds of billions of dollars of objection to the request of the gentle- district of Florida, one of the busiest taxpayer bailouts? Where are those woman from Florida? districts in America, especially when it prosecutions, Mr. Speaker? There was no objection. comes to fraud. Do you know what U.S. How about all of the Democratic law- The SPEAKER pro tempore. The gen- Attorney Lee Bentley said? He said we makers who came and said, ‘‘Let’s roll tlewoman is recognized for 5 minutes. need more tools to fight fraud. They the dice for taxpayer bailouts’’ ? Guess Ms. CASTOR of Florida. Mr. Speaker are winning big cases and big settle- what? The dice were rolled, and tax- and Members, this is the final amend- ments when it comes to Medicare fraud payers were rolled as well. Where are ment to the bill, which will not kill the and mortgage fraud and rooting out the prosecutions there? It has been 8 bill or send it back to committee. If waste in the system. years of the Obama administration’s adopted, the bill will immediately pro- So it is appalling. You bring H.R. 766 Justice Department. ceed to final passage, as amended. to take away those investigatory tools, They are trying to take you away Mr. Speaker, I rushed to come to the the subpoena powers, for white-collar from what this is truly about. It is floor to offer this motion to recommit crime. about, again, Operation Choke Point. because this bill, H.R. 766, is so out- Today, House Republicans are aiming It is about the awesome resources and rageous. Under this bill, the Repub- to weaken the vital financial fraud power of the Federal Government that licans in Congress are poised to give a fighting law, Financial Institutions Re- is being used to crush small businesses get out of jail free card to big banks form, Recovery, and Enforcement Act. that somehow appear on the Obama ad- and Wall Street interests when it This is irresponsible. House Repub- ministration’s enemy list. comes to fraud. Republicans propose to licans should be called out for it. Today, those small businesses that take away tools and investigatory pow- Republicans will eliminate the au- deal with ammunition sales, that are ers from the Department of Justice in thority of thousands of Federal pros- coin dealers, dating services—all on the cases of fraud and undermine the De- ecutors to issue subpoenas for the pur- enemies list—that deal with fireworks partment of Justice’s ability to pros- pose of investigating and prosecuting sales, payday loans, pharmaceutical ecute mortgage fraud and other crimes any big banks or other financial insti- sales. It is all right here in the FDIC to the detriment of American families tutions that engage in financial fraud Supervisory Insights. It reads that, and our neighbors back home. or other financial crimes. even though you are a perfectly legal Americans expect that the big banks business, if we don’t like you, we are that have broken the rules be held ac- b 1145 going to crush you, and there is noth- countable for any of their financial So I am offering an amendment, a ing you can do about it because we are misdeeds. However, the House Repub- motion to recommit, that, instead, the Federal Government.

VerDate Sep 11 2014 03:07 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.022 H04FEPT1 Emcdonald on DSK67QTVN1PROD with HOUSE H582 CONGRESSIONAL RECORD — HOUSE February 4, 2016 Mr. Speaker, there is something we Matsui Pocan Slaughter Walorski Williams Young (AK) can do about it. We can pass H.R. 766. McCollum Polis Speier Walters, Mimi Wilson (SC) Young (IA) McDermott Price (NC) Swalwell (CA) Weber (TX) Wittman Young (IN) All the motion to recommit says is McGovern Quigley Takano Webster (FL) Womack Zeldin that the Justice Department gets to McNerney Rangel Thompson (CA) Wenstrup Woodall Zinke decide whether the law is ever enacted. Meeks Rice (NY) Thompson (MS) Westerman Yoder Meng Richmond Tonko Whitfield Yoho It is not worth the paper it is printed Moore Roybal-Allard Torres on. Moulton Ruiz Tsongas NOT VOTING—16 When is this body going to quit out- Nadler Ruppersberger Van Hollen Beyer Herrera Beutler Sanchez, Loretta sourcing its constitutional authority Napolitano Ryan (OH) Vargas Boyle, Brendan Huizenga (MI) Smith (WA) Neal Sa´ nchez, Linda Veasey F. Murphy (FL) Takai to unelected, unaccountable bureau- Nolan T. Vela Castro (TX) Pitts Titus crats? It is an outrage. Operation Norcross Sarbanes Vela´ zquez Fincher Rooney (FL) Westmoreland Choke Point is an outrage. It is an af- O’Rourke Schakowsky Visclosky Green, Gene Rush Pallone Schiff Walz front to the Constitution. It is an af- Pascrell Schrader Wasserman b 1208 front to the rule of law. It is an affront Payne Scott (VA) Schultz Pelosi Scott, David Waters, Maxine Mr. ROKITA changes his vote from to all of the hardworking mom-and-pop ‘‘yea’’ to ‘‘nay.’’ shops all across America. It strikes Perlmutter Serrano Watson Coleman Peters Sewell (AL) Welch Messrs. JEFFRIES, HUFFMAN, fear in the hearts of Americans. Peterson Sinema Wilson (FL) VARGAS, and BUTTERFIELD changed It is time to stand up for the Con- Pingree Sires Yarmuth their votes from ‘‘nay’’ to ‘‘yea.’’ stitution. It is time to stand up for the NAYS—240 So the motion to recommit was re- rule of law. It is time to stand up for jected. those who do not have voice, for those Abraham Goodlatte Miller (MI) Aderholt Gosar Moolenaar The result of the vote was announced who do not have power. Reject this mo- Allen Gowdy Mooney (WV) as above recorded. tion to recommit, and enact H.R. 766. Amash Granger Mullin Amodei Graves (GA) Mulvaney MOMENT OF SILENCE FOR THE 12 U.S. MARINES Mr. Speaker, I yield back the balance STATIONED AT KANEOHE MARINE CORPS BASE of my time. Babin Graves (LA) Murphy (PA) Barletta Graves (MO) Neugebauer (By unanimous consent, Ms. GABBARD The SPEAKER pro tempore. Without Barr Griffith Newhouse was allowed to speak out of order.) Barton Grothman Noem objection, the previous question is or- Ms. GABBARD. Mr. Speaker, today dered. Benishek Guinta Nugent Bilirakis Guthrie Nunes we are gathered and rising in memory There was no objection. Bishop (MI) Hanna Olson of the 12 United States Marines sta- The SPEAKER pro tempore. The Bishop (UT) Hardy Palazzo tioned at the Kaneohe Marine Corps question is on the motion to recommit. Black Harper Palmer Blackburn Harris Paulsen base in my district who were tragically The question was taken; and the Blum Hartzler Pearce lost the night of January 14 in a train- Speaker pro tempore announced that Bost Heck (NV) Perry ing accident. the noes appeared to have it. Boustany Hensarling Pittenger Brady (TX) Hice, Jody B. Poe (TX) We must never forget the risks that Ms. CASTOR of Florida. Mr. Speaker, Brat Hill Poliquin our servicemembers take every single on that I demand the yeas and nays. Bridenstine Holding Pompeo day, whether they are in training or in The yeas and nays were ordered. Brooks (AL) Hudson Posey Brooks (IN) Huelskamp Price, Tom combat as they put their lives on the The SPEAKER pro tempore. Pursu- Buchanan Hultgren Ratcliffe line for the security of our Nation. ant to clause 9 of rule XX, the Chair Buck Hunter Reed Major Shawn Campbell, College Sta- will reduce to 5 minutes the minimum Bucshon Hurd (TX) Reichert tion, Texas. time for any electronic vote on the Burgess Hurt (VA) Renacci Byrne Issa Ribble Captain Brian Kennedy, Philadel- question of passage. Calvert Jenkins (KS) Rice (SC) phia, Pennsylvania. The vote was taken by electronic de- Carter (GA) Jenkins (WV) Rigell Captain Kevin Rouche, St. Louis, vice, and there were—yeas 177, nays Carter (TX) Johnson (OH) Roby Chabot Johnson, Sam Roe (TN) Missouri. 240, not voting 16, as follows: Chaffetz Jolly Rogers (AL) Captain Steven Torbert, Florence, [Roll No. 62] Clawson (FL) Jones Rogers (KY) Alabama. Coffman Jordan Rohrabacher Sergeant Dillon Semolina, Chaska, YEAS—177 Cole Joyce Rokita Adams Davis (CA) Honda Collins (GA) Katko Ros-Lehtinen Minnesota. Aguilar Davis, Danny Hoyer Collins (NY) Kelly (MS) Roskam Sergeant Adam Schoeller, Gardners, Ashford DeFazio Huffman Comstock Kelly (PA) Ross Pennsylvania. Bass DeGette Israel Conaway King (IA) Rothfus Beatty Delaney Jackson Lee Cook King (NY) Rouzer Sergeant Jeffrey Sempler, Woodruff, Becerra DeLauro Jeffries Costello (PA) Kinzinger (IL) Royce South Carolina. Bera DelBene Johnson (GA) Cramer Kline Russell Sergeant William Turner, Florala, Bishop (GA) DeSaulnier Johnson, E. B. Crawford Knight Salmon Alabama. Blumenauer Deutch Kaptur Crenshaw Labrador Sanford Bonamici Dingell Keating Culberson LaHood Scalise Corporal Matthew Drown, Spring, Brady (PA) Doggett Kelly (IL) Curbelo (FL) LaMalfa Schweikert Texas. Brown (FL) Doyle, Michael Kennedy Davis, Rodney Lamborn Scott, Austin Corporal Thomas Jardas, Fort Myers, Brownley (CA) F. Kildee Denham Lance Sensenbrenner Bustos Duckworth Kilmer Dent Latta Sessions Florida. Butterfield Edwards Kind DeSantis LoBiondo Sherman Corporal Christopher Orlando, Capps Ellison Kirkpatrick DesJarlais Long Shimkus Hingham, Massachusetts. Capuano Engel Kuster Diaz-Balart Loudermilk Shuster Lance Corporal Ty Hart, Aumsville, Ca´ rdenas Eshoo Langevin Dold Love Simpson Carney Esty Larsen (WA) Donovan Lucas Smith (MO) Oregon. Carson (IN) Farr Larson (CT) Duffy Luetkemeyer Smith (NE) May we offer them a moment of si- Cartwright Fattah Lawrence Duncan (SC) Lummis Smith (NJ) lence to honor their service, support Castor (FL) Foster Lee Duncan (TN) MacArthur Smith (TX) Chu, Judy Frankel (FL) Levin Ellmers (NC) Marchant Stefanik their loved ones, and our entire U.S. Cicilline Fudge Lewis Emmer (MN) Marino Stewart Marines Corps in this tragic loss. Clark (MA) Gabbard Lieu, Ted Farenthold Massie Stivers The SPEAKER pro tempore. Mem- Clarke (NY) Gallego Lipinski Fitzpatrick McCarthy Stutzman bers will please rise for a moment of si- Clay Garamendi Loebsack Fleischmann McCaul Thompson (PA) Cleaver Graham Lofgren Fleming McClintock Thornberry lence. Clyburn Grayson Lowenthal Flores McHenry Tiberi Without objection, 5-minute voting Cohen Green, Al Lowey Forbes McKinley Tipton will continue. Connolly Grijalva Lujan Grisham Fortenberry McMorris Trott Conyers Gutie´rrez (NM) Foxx Rodgers Turner There was no objection. Cooper Hahn Luja´ n, Ben Ray Franks (AZ) McSally Upton The SPEAKER pro tempore. The Costa Hastings (NM) Frelinghuysen Meadows Valadao question is on the passage of the bill. Courtney Heck (WA) Lynch Garrett Meehan Wagner The question was taken; and the Crowley Higgins Maloney, Gibbs Messer Walberg Cuellar Himes Carolyn Gibson Mica Walden Speaker pro tempore announced that Cummings Hinojosa Maloney, Sean Gohmert Miller (FL) Walker the ayes appeared to have it.

VerDate Sep 11 2014 03:07 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.024 H04FEPT1 Emcdonald on DSK67QTVN1PROD with HOUSE February 4, 2016 CONGRESSIONAL RECORD — HOUSE H583 Mr. HENSARLING. Mr. Speaker, on NAYS—169 ing to the Al Green Amendment to H.R. 3700). that I demand the yeas and nays. Adams Garamendi Napolitano ‘‘Yes’’ on rollcall vote No. 52 (on passage of Aguilar Graham The yeas and nays were ordered. Neal H.R. 3700). ‘‘No’’ on rollcall vote No. 53 (on Bass Grayson Nolan passage of H.R. 3762, objections of the Presi- The SPEAKER pro tempore. This is a Beatty Green, Al Norcross Becerra Grijalva dent to the contrary notwithstanding). ‘‘No’’ on 5-minute vote. O’Rourke Bera Gutie´rrez Pallone rollcall vote No. 54 (on passage of H.R. 3662). The vote was taken by electronic de- Blumenauer Hahn Pascrell ‘‘No’’ on rollcall vote No. 55 (on ordering the Bonamici Heck (WA) vice, and there were—yeas 250, nays Payne previous question on H. Res. 595). ‘‘No’’ on Brady (PA) Higgins Pelosi 169, not voting 14, as follows: Brown (FL) Himes Perlmutter rollcall vote No. 56 (on agreeing to the resolu- Brownley (CA) Hinojosa Peters tion H. Res. 595). ‘‘Yes’’ on rollcall vote No. [Roll No. 63] Bustos Honda Pingree Butterfield Hoyer 57 (on agreeing to the DeSaulnier Amendment Pocan YEAS—250 Capps Huffman to H.R. 1675). ‘‘Yes’’ on rollcall vote No. 58 Polis Abraham Graves (LA) Paulsen Capuano Israel Price (NC) (on agreeing to the Issa Amendment to H.R. Aderholt Graves (MO) Pearce Carney Jackson Lee Quigley 1675). ‘‘Yes’’ on rollcall vote No. 59 (on agree- Allen Griffith Perry Carson (IN) Jeffries Rangel Amash Grothman Peterson Cartwright Johnson (GA) ing to the Carolyn Maloney Amendment to Rice (NY) Amodei Guinta Pittenger Castor (FL) Johnson, E. B. H.R. 1675). ‘‘Yes’’ on rollcall vote No. 60 (on Richmond Ashford Guthrie Pitts Chu, Judy Kaptur Roybal-Allard the motion to recommit H.R. 1675, with in- Babin Hanna Poe (TX) Cicilline Keating structions). ‘‘No’’ on rollcall vote No. 61 (on Barletta Hardy Poliquin Clark (MA) Kelly (IL) Ruiz Barr Harper Pompeo Clarke (NY) Kennedy Ruppersberger passage of H.R. 1675). ‘‘Yes’’ on rollcall vote Barton Harris Posey Clay Kildee Ryan (OH) No. 62 (on the motion to recommit H.R. 766, Benishek Hartzler Price, Tom Cleaver Kilmer Sa´ nchez, Linda with instructions). ‘‘No’’ on rollcall vote No. 63 Clyburn Kind T. Bilirakis Hastings Ratcliffe (on passage of H.R. 766). Bishop (GA) Heck (NV) Reed Cohen Kirkpatrick Sarbanes Bishop (MI) Hensarling Reichert Connolly Kuster Schakowsky PERSONAL EXPLANATION Bishop (UT) Hice, Jody B. Renacci Conyers Langevin Schiff Mr. CASTRO of Texas. Mr. Speaker, my Black Hill Ribble Cooper Larsen (WA) Schrader Blackburn Holding Rice (SC) Courtney Larson (CT) Scott (VA) vote was not recorded on rollcall No. 62 on Blum Hudson Rigell Crowley Lawrence Serrano the Motion to Recommit for consideration of Bost Huelskamp Roby Cummings Lee Sewell (AL) H.R. 766, Financial Institution Customer Pro- Boustany Hultgren Roe (TN) Davis (CA) Levin Sherman Davis, Danny Lewis tection Act of 2015. I am not recorded be- Brady (TX) Hunter Rogers (AL) Sires DeFazio Lieu, Ted Brat Hurd (TX) Rogers (KY) Slaughter cause I was absent due to the birth of my son DeGette Lipinski Bridenstine Hurt (VA) Rohrabacher Speier in San Antonio, Texas. Had I been present, I Delaney Loebsack Brooks (AL) Issa Rokita Swalwell (CA) DeLauro Lofgren would have voted ‘‘aye.’’ Brooks (IN) Jenkins (KS) Ros-Lehtinen Takai DelBene Lowenthal Mr. Speaker, my vote was not recorded on Buchanan Jenkins (WV) Roskam Takano DeSaulnier Lowey Buck Johnson (OH) Ross Thompson (CA) rollcall No. 63 on the final consideration of Bucshon Johnson, Sam Deutch Lujan Grisham Rothfus Thompson (MS) H.R. 766, Financial Institution Customer Pro- Burgess Jolly Dingell (NM) Rouzer Tonko Byrne Jones Doggett Luja´ n, Ben Ray tection Act of 2015. I am not recorded be- Royce Torres Calvert Jordan Doyle, Michael (NM) cause I was absent due to the birth of my son Russell Tsongas Ca´ rdenas Joyce F. Lynch Salmon Van Hollen in San Antonio, Texas. Had I been present, I Carter (GA) Katko Duckworth Maloney, Sanford would have vote ‘‘nay.’’ Carter (TX) Kelly (MS) Edwards Carolyn Vargas Scalise Chabot Kelly (PA) Ellison Maloney, Sean Veasey Schweikert f Chaffetz King (IA) Engel Matsui Vela Scott, Austin ´ Clawson (FL) King (NY) Eshoo McCollum Velazquez Scott, David RESIGNATION AS MEMBER OF Coffman Kinzinger (IL) Esty McDermott Visclosky Sensenbrenner Cole Kline Farr McGovern Wasserman COMMITTEE ON SCIENCE, SPACE, Sessions Collins (GA) Knight Fattah McNerney Schultz AND TECHNOLOGY Shimkus Collins (NY) Labrador Foster Meeks Waters, Maxine Comstock LaHood Shuster Frankel (FL) Meng Watson Coleman The SPEAKER pro tempore laid be- Conaway LaMalfa Simpson Fudge Moore Welch fore the House the following resigna- Sinema Cook Lamborn Gabbard Moulton Wilson (FL) tion as a member of the Committee on Costa Lance Smith (MO) Gallego Nadler Yarmuth Costello (PA) Latta Smith (NE) Science, Space, and Technology: NOT VOTING—14 Cramer LoBiondo Smith (NJ) HOUSE OF REPRESENTATIVES, Crawford Long Smith (TX) Beyer Green, Gene Rush Washington, DC, February 2, 2016. Crenshaw Loudermilk Stefanik Boyle, Brendan Herrera Beutler Sanchez, Loretta Stewart Hon. PAUL D. RYAN, Cuellar Love F. Huizenga (MI) Smith (WA) Office of the Speaker of the House, Culberson Lucas Stivers Castro (TX) Murphy (FL) Titus Curbelo (FL) Luetkemeyer Stutzman Fincher Rooney (FL) Westmoreland Washington, DC. Davis, Rodney Lummis Thompson (PA) MR. SPEAKER: Due to my recent appoint- Denham MacArthur Thornberry b 1217 ment to the House Budget Committee, I Tiberi Dent Marchant So the bill was passed. hereby resign my position on the House DeSantis Marino Tipton The result of the vote was announced Science, Space, & Technology Committee. DesJarlais Massie Trott Sincerely, Diaz-Balart McCarthy Turner as above recorded. BILL JOHNSON, Dold McCaul Upton A motion to reconsider was laid on Valadao Member of Congress. Donovan McClintock the table. Duffy McHenry Wagner The SPEAKER pro tempore. Without Duncan (SC) McKinley Walberg PERSONAL EXPLANATION objection, the resignation is accepted. Duncan (TN) McMorris Walden Mr. SMITH of Washington. Mr. Speaker, on Ellmers (NC) Rodgers Walker There was no objection. Emmer (MN) McSally Walorski Monday, February 1; Tuesday, February 2; f Farenthold Meadows Walters, Mimi Wednesday, February 3; and Thursday, Feb- Fitzpatrick Meehan Walz ruary 4, 2016, I was on medical leave while Fleischmann Messer Weber (TX) RESIGNATION AS MEMBER OF Fleming Mica Webster (FL) recovering from hip replacement surgery and COMMITTEE ON SMALL BUSINESS Flores Miller (FL) Wenstrup unable to be present for recorded votes. Had Forbes Miller (MI) Westerman I been present, I would have voted: ‘‘Yes’’ on The SPEAKER pro tempore laid be- Fortenberry Moolenaar Whitfield rollcall vote No. 46 (on the motion to suspend fore the House the following resigna- Foxx Mooney (WV) Williams the rules and pass H.R. 2187, as amended). tion as a member of the Committee on Franks (AZ) Mullin Wilson (SC) Small Business: Frelinghuysen Mulvaney Wittman ‘‘Yes’’ on rollcall vote No. 47 (on the motion to Garrett Murphy (PA) Womack suspend the rules and pass H.R. 4168). ‘‘No’’ HOUSE OF REPRESENTATIVES, Gibbs Neugebauer Woodall on rollcall vote No. 48 (on ordering the pre- Washington, DC, February 2, 2016. Gibson Newhouse Yoder Hon. PAUL D. RYAN, Gohmert Noem Yoho vious question on H. Res. 594). ‘‘No’’ on roll- Office of the Speaker, Goodlatte Nugent Young (AK) call vote No. 49 (on agreeing to the resolution Washington, DC. Gosar Nunes Young (IA) H. Res. 594). ‘‘No’’ on rollcall vote No. 50 (on Gowdy Olson Young (IN) MR. SPEAKER: In light of my recent ap- Granger Palazzo Zeldin agreeing to the Palazzo Amendment to H.R. pointment to the House Transportation and Graves (GA) Palmer Zinke 3700). ‘‘Yes’’ on rollcall vote No. 51 (on agree- Infrastructure Committee, I hereby resign

VerDate Sep 11 2014 00:01 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.027 H04FEPT1 Emcdonald on DSK67QTVN1PROD with HOUSE H584 CONGRESSIONAL RECORD — HOUSE February 4, 2016

my position on the House Small Business COMMITTEE ON TRANSPORTATION AND INFRA- (c) COORDINATION.—To prevent unnecessary Committee. STRUCTURE: Mr. Bost. duplication of research, activities under this Act Best Regards, The SPEAKER pro tempore. Is there shall be coordinated with similar activities sup- MIKE BOST, objection to the request of the gen- ported by other Federal agencies, including re- Member of Congress. search funded by the Institute of Education tleman from Texas? Sciences and the National Institutes of Health. The SPEAKER pro tempore. Without There was no objection. objection, the resignation is accepted. (d) FUNDING.—The National Science Founda- The resolution was agreed to. tion shall devote not less than $5,000,000 to re- There was no objection. A motion to reconsider was laid on search described in subsection (a), which shall f the table. include not less than $2,500,000 for research on RESIGNATION AS MEMBER OF f the science of dyslexia, for each of fiscal years 2017 through 2021, subject to the availability of COMMITTEE ON THE BUDGET RANKING MEMBERS OF A CERTAIN appropriations, to come from amounts made The SPEAKER pro tempore laid be- STANDING COMMITTEE OF THE available for the Research and Related Activi- fore the House the following resigna- HOUSE OF REPRESENTATIVES ties account or the Education and Human Re- tion as a member of the Committee on Mr. BECERRA. Mr. Speaker, by di- sources Directorate under subsection (e). This the Budget: section shall be carried out using funds other- rection of the Democratic Caucus, I wise appropriated by law after the date of en- HOUSE OF REPRESENTATIVES, offer a privileged resolution and ask actment of this Act. Washington, DC, February 2, 2016. for its immediate consideration. (e) AUTHORIZATION.—For each of fiscal years Hon. PAUL D. RYAN, The Clerk read the resolution, as fol- 2016 through 2021, there are authorized out of Office of the Speaker, lows: funds appropriated to the National Science Washington, DC. Foundation, $5,000,000 to carry out the activities H. RES. 603 MR. SPEAKER: In light of my recent ap- described in subsection (a). pointment as Chairman of the Select Panel Resolved, That the following named Mem- bers be and are hereby ranked as follows on SEC. 5. DEFINITION OF SPECIFIC LEARNING DIS- on Infant Lives, I hereby resign my position ABILITY. on the House Budget Committee. the following standing committee of the In this Act, the term ‘‘specific learning dis- Best Regards, House of Representatives: ability’’— MARSHA BLACKBURN, (1) COMMITTEE ON SMALL BUSINESS.—Mr. (1) means a disorder in 1 or more of the basic Member of Congress. Takai, after Mrs. Lawrence; and Ms. Adams, psychological processes involved in under- The SPEAKER pro tempore. Without after Ms. Clarke of New York. standing or in using language, spoken or writ- objection, the resignation is accepted. The SPEAKER pro tempore. Is there ten, which disorder may manifest itself in the There was no objection. objection to the request of the gen- imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations; f tleman from California? There was no objection. (2) includes such conditions as perceptual dis- ANNOUNCEMENT BY COMMITTEE The resolution was agreed to. abilities, brain injury, minimal brain dysfunc- ON RULES REGARDING AMEND- tion, dyslexia, and developmental aphasia; and A motion to reconsider was laid on (3) does not include a learning problem that is MENT PROCESS FOR H.R. 3293, the table. primarily the result of visual, hearing, or motor SCIENTIFIC RESEARCH IN THE f disabilities, of intellectual disability, of emo- NATIONAL INTEREST ACT, AND RESEARCH EXCELLENCE AND AD- tional disturbance, or of environmental, cul- H.R. 2017, COMMON SENSE NUTRI- tural, or economic disadvantage. TION DISCLOSURE ACT VANCEMENTS FOR DYSLEXIA ACT Mr. SMITH of Texas (during the read- (Mr. SESSIONS asked and was given ing). Mr. Speaker, I ask unanimous permission to address the House for 1 Mr. SMITH of Texas. Mr. Speaker, I consent that the reading be dispensed minute.) ask unanimous consent to take from with. Mr. SESSIONS. Mr. Speaker, yester- the Speaker’s table the bill (H.R. 3033) The SPEAKER pro tempore. Is there day the Committee on Rules issued two to require the President’s annual budg- objection to the request of the gen- announcements outlining the amend- et request to Congress each year to in- tleman from Texas? ment processes for H.R. 3293, the Sci- clude a line item for the Research in There was no objection. entific Research in the National Inter- Disabilities Education program of the The SPEAKER pro tempore. Is there est Act, and H.R. 2017, the Common National Science Foundation and to re- objection to the original request of the Sense Nutrition Disclosure Act of 2015. quire the National Science Foundation gentleman from Texas? The amendment deadline for H.R. to conduct research on dyslexia, with There was no objection. 3293 has been set for Monday, February the Senate amendment thereto, and A motion to reconsider was laid on 8, at 3 p.m. The amendment deadline concur in the Senate amendment. the table. for H.R. 2017 has been set for 10 a.m. on The Clerk read the title of the bill. f The SPEAKER pro tempore. The Tuesday, February 9. LEGISLATIVE PROGRAM Amendments should be drafted to the Clerk will report the Senate amend- (Mr. HOYER asked and was given text of each bill posted on the Com- ment. permission to address the House for 1 mittee on Rules Web site. Please feel The Clerk read as follows: Senate amendment: minute.) free to contact me or my staff at the Mr. HOYER. Mr. Speaker, I yield to Committee on Rules for any questions. Strike section 4 of the bill and insert the following: the gentleman from California (Mr. f SEC. 4. DYSLEXIA. MCCARTHY), the majority leader, for ELECTING CERTAIN MEMBERS TO (a) IN GENERAL.—Consistent with subsection the purpose of inquiring about the STANDING COMMITTEES OF THE (c), the National Science Foundation shall sup- schedule for the week to come and per- HOUSE OF REPRESENTATIVES port multi-directorate, merit-reviewed, and com- haps thereafter. petitively awarded research on the science of (Mr. MCCARTHY asked and was Mr. SESSIONS. Mr. Speaker, by di- specific learning disability, including dyslexia, given permission to revise and extend rection of the House Republican Con- such as research on the early identification of his remarks.) ference, I send to the desk a privileged children and students with dyslexia, profes- Mr. MCCARTHY. Mr. Speaker, I resolution and ask for its immediate sional development for teachers and administra- thank the gentleman for yielding. consideration. tors of students with dyslexia, curricula and Mr. Speaker, on Monday, no votes The Clerk read the resolution, as fol- educational tools needed for children with dys- are expected in the House. On Tuesday, lows: lexia, and implementation and scaling of suc- cessful models of dyslexia intervention. Re- the House will meet at noon for morn- H. RES. 602 search supported under this subsection shall be ing hour and 2 p.m. for legislative busi- Resolved, That the following named Mem- conducted with the goal of practical applica- ness. Votes will be postponed until 6:30 bers be, and are hereby, elected to the fol- tion. p.m. On Wednesday and Thursday, the lowing standing committees of the House of (b) AWARDS.—To promote development of Representatives: early career researchers, in awarding funds House will meet at 10 a.m. for morning COMMITTEE ON THE BUDGET: Mr. Guinta, to under subsection (a) the National Science Foun- hour and noon for legislative business. rank immediately after Mr. Stutzman; and dation shall prioritize applications for funding On Friday, the House will meet at 9 Mr. Johnson of Ohio. submitted by early career researchers. a.m. for legislative business.

VerDate Sep 11 2014 00:01 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A04FE7.015 H04FEPT1 Emcdonald on DSK67QTVN1PROD with HOUSE February 4, 2016 CONGRESSIONAL RECORD — HOUSE H585 Mr. Speaker, the House will consider what that last phrase means, but in comprehensive immigration reform; re- a number of suspensions next week, a any event, I think all of us want to storing voting rights, which I men- complete list of which will be an- make sure the Constitution is honored tioned; taking action to address gun vi- nounced by close of business tomorrow. and certainly adhered to. olence, which we are in favor of, and I Mr. Speaker, the House will also con- However, it also appears—and we had think clearly your side has indicated sider H.R. 3293, the Scientific Research this discussion last week—that sub- that mental health is very much a in the National Interest Act, sponsored stantive legislation—that is, trans- component of that and you want to ad- by Representative LAMAR SMITH. This lating thoughts and objectives and vi- dress that; and addressing our national bill will go a long ways toward pro- sions into legislation—may not occur security challenges, which I agree with viding greater transparency and ac- in 2016. I don’t know that to be the the Speaker that is a primary responsi- countability at the National Science case, but I fear that to be the case, that bility and concern of, I think, every- Foundation. It is essential that we en- we will not offer to the American peo- body on the floor of this House. sure precious Federal dollars are spent ple in this critically important elec- My question, therefore, Mr. Leader, on Federal grants that promote science tion year specifics as to what we might is: Do you expect any substantive legis- but do so in a way that is in the best do. lation, rather than simply ideas that interest of the United States. I mention specifically the Affordable both parties might express and put out Additionally, the House will consider Care Act, which I know the gentle- to the public, that would be trans- H.R. 3442, the Debt Management and man’s party believes is not good policy, parent, specific, and on which we could Fiscal Responsibility Act, sponsored by whether or not we were going to con- have debates on alternative policies? Representative KENNY MARCHANT. This sider an alternative to do what your Do you expect, in the relatively short commonsense bill simply requires the party has said it is going to do for the time we have this year, to have legisla- administration to report to Congress last 5 years, and that is repeal, but re- tion on the floor dealing with one or on the status of the Nation’s debt and place with policies. I think that would more of those subjects? their plans to address our fiscal prob- be a useful discussion for us to have I yield to my friend. lems prior to the Nation reaching its and do so in a way that respects the in- Mr. MCCARTHY. I thank the gen- debt limit. With more than $18 trillion tegrity of each person’s view as to tleman for yielding. in public debt, we have a responsi- what the best interests of our country I did take notes because you raised a bility, both Democrats and Repub- are. lot of different issues. licans, to show the American people a The first point, you talked about b 1230 path toward solvency. Congressman KENNY MARCHANT’s bill Finally, Mr. Speaker, the House will In addition, one of the pieces of legis- asking the administration to set a path consider H.R. 2017, the Common Sense lation would be the Voting Rights Act forward. I agree with you. That is why Nutrition Disclosure Act, sponsored by amendment. I bring that up now be- I believe that any budget that comes Representative CATHY MCMORRIS ROD- cause Speaker RYAN said yesterday, as before this floor should balance in the GERS. This important bill addresses a I understand it, that he was in favor of 10-year window. I am proud of the fact harmful menu labeling regulation that doing a voting rights bill. I don’t know that, on this side of the aisle, we have will burden every grocery store, con- that he went into specifics. been able to do it, because that shows venience store, and pizza restaurant in We believe that we need to address you the path to solvency and how you the country. Instead, our approach will this bill because we believe it was sub- deal with this debt through big provide a reasonable and flexible way stantially undermined by the recent changes. for these businesses to provide cus- decision of the Supreme Court some You talked about what Speaker RYAN tomers with nutritional information. few years ago. He indicated that that laid out. These are big, bold, new ideas. I thank the gentleman. was not going to be brought to the The Speaker says that they are going Mr. HOYER. I thank the gentleman floor because of Mr. GOODLATTE’s oppo- to go through committee. Every Mem- for that information with respect to sition to that or, perhaps, the failure of ber of this body, your side and ours, the legislation that is going to be on Mr. GOODLATTE to address that in com- will be able to participate. The legisla- the floor next week. mittee. tion will come through committee. I would simply say with respect to I bring that up specifically because I Knowing these are bold ideas and the one of these bills, the Debt Manage- know, Mr. Leader, you made the obser- time we have here, some will get done ment and Fiscal Responsibility Act, I vation, and I think you are quoted as and some may not get done by the end don’t know whether that bill requires saying you believe the two parties can of this calendar year, but that doesn’t the House to do the same, but certainly achieve consensus on that legislation, mean that we can’t finish the job. both the executive and the legislative but we may not be able to move it for- If we want to save this country and branches of government need to have a ward this year. put us on a path of solvency and in- responsible fiscal program and analysis Excuse me. That speaks to criminal creased growth, these are areas that we so that, in fact, we can move toward justice system reform, not to voting find need to get done. We look forward fiscal balance. I look forward to having rights. I think we can reach consensus to you working with us on all of these that discussion next week on the floor. on the criminal justice reform. I think areas. Mr. Leader, we had a prayer break- both parties believe that there are sub- Mr. HOYER. I thank the gentleman. fast this morning. It was a moving and stantial areas that need to be ad- I think, certainly, we agree that we very, I think, unifying time here in dressed in criminal justice reform. Sen- ought to work together. He and I have Washington where we had Republicans ator CORNYN has certainly indicated worked together, as a matter fact, on and Democrats and a lot of people from that. Republicans and Democrats in some very significant legislation more around the world attending. We talked this House have indicated that. than a month ago that passed the about coming together. We talked My question to you is with respect to House. I think the American public about respecting one another, talking the issues that I think we have all dis- wants that. to one another, and serving our coun- cussed and that the Speaker has dis- My urging to the majority leader try and our people in a way consistent cussed, such as: jobs and economic would be that each of these ideas, if we with our various faiths. growth; health care; poverty and op- are going to ultimately make them In that context, I am going to ask portunity, which we believe is a very policy, has to be translated into legis- the gentleman some questions on the important issue; criminal justice re- lation. scheduling, but I am hopeful that the form; job creation; long-term fiscal The gentleman says all of us will be Speaker has indicated that he wants to agreements so that we can replace the able to participate. Frankly, the gen- consider some broad issues. He refers sequester with a permanent rather tleman knows, as well as I do, that leg- to five in particular: national security, than an every-2-year resolution; com- islation has to come to the floor for all jobs and economic growth, health care, prehensive tax reform, which almost of us to engage in, hopefully, with the poverty and opportunity, and restoring all of us have said we are for—Mr. ability to offer amendments and our the Constitution. I am not sure exactly CAMP brought a bill forward on that— ideas on how to perfect legislation that

VerDate Sep 11 2014 03:21 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.042 H04FEPT1 Emcdonald on DSK67QTVN1PROD with HOUSE H586 CONGRESSIONAL RECORD — HOUSE February 4, 2016 may come out of the committees. I wards seeing legislation on the floor by bottom is a stopper and creates grid- would hope that we would see that. March 31? lock, frankly, this body does not get to The gentleman mentioned the budg- I yield to my friend. do what its responsibility is, and that et. I think the gentleman and others Mr. MCCARTHY. I thank my friend is to reflect the will of the people, as have said they want to accelerate the for yielding. we did on the Export-Import Bank. budget process. I think that is a good As the gentleman knows, we are com- So I sympathize with the bottom-up, idea. I have always felt that we ought mitted to addressing this issue. We and that is the way it ought to work; to move the budget and the appropria- have had numerous meetings and we but if, in fact, what we have is a block- tions bills earlier than we have histori- have also had committee hearings. age to the people’s Representatives cally done so that we can get those to Even this week, Chairman BISHOP and having the ability to work their will the Senate, so they have time to work the Natural Resources Committee are and reflect the United States citizens’ on them and bring them back, in order hard at work to find the best path for- views, then democracy is not working. to have all 12 appropriations bills done ward. seriatim, one after another. We are committed to getting this We saw that in the Export-Import In my view, we are going to need a done. I will not prejudge the com- Bank, in my opinion, which I worked bipartisan effort and not have poison mittee on what the solution should be, on very, very assiduously for over 2 pills or the so-called riders in them in but I know they are hard at work. We years to get to this floor. Very frankly, order for the Senate to consider them continually monitor it week to week. when it did get to this floor, as I said and be able to work their will and then As soon as we have it scheduled, I will repeatedly, it would enjoy the major- go to conference and get that done all notify the gentleman. ity’s support. prior to October 1. I don’t know wheth- Mr. HOYER. I thank the gentleman In my view, if a voting rights bill er that is possible, but I think the gen- for that. gets to this floor, it will enjoy the ma- tleman would say that would be cer- Again, I would reiterate that, on the jority’s support. As you know, Mr. SEN- tainly good to do, if in fact we could voting rights issue, the Speaker is sup- SENBRENNER was the sponsor. President get that done. portive of some legislative treatment Bush was President when we passed the When does the gentleman expect the addressing that issue. Voting Rights Act in 2006. It passed budget, which is the start of that proc- Does the gentleman have any idea overwhelmingly in the House, over- ess, to be on the floor? when that might occur? whelmingly in the Senate, and was I yield to my friend. I yield to my friend. signed by President Bush. CCARTHY. I thank the gen- Mr. MCCARTHY. I thank the gen- Mr. M I am certainly sympathetic to want- tleman for yielding. tleman for yielding. ing to make sure that we follow reg- I think the gentleman is referring to Well, I was just speaking with the ular order, but if regular order pre- an article that we both read. I am not Budget Committee chairman. He is try- cludes democracy from working, then sure that you were in the meeting. I ing to move that process up. It is our it is irregular order and not in the best was not in the meeting. goal. If we can reach that goal before interests of our country. the first part of March and get that Mr. HOYER. I was not. done, we can move up the appropria- Mr. MCCARTHY. One thing that Lastly, Mr. Leader, recently, all of us tions process. Speaker RYAN has laid out for this are concerned about Zika. We are all As you know, it is difficult to move body is that it is not top-down, it is focused on Zika. Can the gentleman too fast because you have the com- bottom-up, and that we go through reg- tell me whether or not there are any mittee hearings and you want the ular order. Committees are there to do planned efforts to address what is input and to be able to have the ac- their work. clearly a very serious health crisis that countability and oversight of all the Look at the metrics of just this last confronts not only us, but certainly agencies. We have to have those hear- year: If you take the 25-year average, it South America, Latin America, and ings so that both sides of the aisle are is usually a little over 300 bills come other parts of the world? in those committees and are able to through committee to this floor. We I yield to my friend. are well over 500. So we’ve shown that produce something that is very produc- Mr. MCCARTHY. I thank the gen- tive. we are taking that path and improving tleman for yielding, but I do want to Yes, it is our goal to try to move the on having them come to the floor. thank the gentleman for still being I think what the Speaker said and process up this year. As soon as we able to work Ex-Im Bank into the col- what I read was that he may have a have that scheduled for the floor, I will loquy. let you know. personal opinion, but he wants it to go Mr. HOYER. Am I correct, then, in through committee so that all voices Mr. HOYER. You gave me such a saying that our target is the first week are heard and we have the opportunity great opening. in March or the second week in March, for amendments. When it gets out of Mr. MCCARTHY. The gentleman at the latest, for the budget? committee, we can move it to the floor. brings up a very serious issue. This is Mr. MCCARTHY. We are looking at I will keep you posted on when it is something that should not be taken that timeframe, yes. scheduled. lightly. This should not be partisan in Mr. HOYER. I appreciate that infor- Mr. HOYER. I appreciate you keeping any way shape or form. This is some- mation. me posted, but my frustration is that thing we should get ahead of. That is Let me discuss a number of other this issue has been hanging around for why the Energy and Commerce Com- specific issues, if I can. a very long period of time. When Mr. mittee has already scheduled and sent First of all, the Speaker indicated Cantor had your position as majority out letters for hearings. SUSAN BROOKS that he wanted to see legislation on leader, he indicated he was receptive to has a bill that she has been working on the floor of the House by March 31 on addressing it. The gentleman is cor- dealing with this as well. Puerto Rico. As you and I both know, rect; I was not there either, but I be- So, yes, we want to get in front of Puerto Rico is facing a fiscal crisis of lieve the Speaker is reported as having this. I know we have been talking to its own. It is going to need some au- said it needs to be addressed. the administration as well. I look for- thority to deal with that crisis so that I understand bottom-up, but if bot- ward to working with you in dealing neither the Americans living in Puerto tom doesn’t work, you never get up. I with this issue because this is not Rico are disadvantaged nor the chil- refer to the Export-Import Bank that something that should lay by the way- dren and others—whether it is through lay sanguinely for 2 years in the com- side. This is something we have to get the educational system, the healthcare mittee because the chairman was op- in front of. system, providing power, or whatever posed to it when the majority of your services are necessary—will not be ad- party was for it when it came to the Mr. HOYER. I thank the gentleman. versely impacted. floor. We certainly agree on that. I look for- Can the gentleman give me an idea as So it is one thing to say that we ward to working together to address it. to what progress we are making to- ought to work bottom-up, but if the I yield back the balance of my time.

VerDate Sep 11 2014 00:01 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.043 H04FEPT1 Emcdonald on DSK67QTVN1PROD with HOUSE February 4, 2016 CONGRESSIONAL RECORD — HOUSE H587 ADJOURNMENT FROM THURSDAY, private companies at a summit to dis- The NAACP is the Nation’s oldest FEBRUARY 4, 2016, TO MONDAY, cuss how to improve warning systems and preeminent civil rights organiza- FEBRUARY 8, 2016 and resilience to earthquakes. Oregon tion. Established in 1909 to curb the Mr. MCCARTHY. Mr. Speaker, I ask was well represented by the Oregon di- rampant discrimination plaguing our unanimous consent that when the rector of Emergency Management and country, today’s NAACP envisions an House adjourns today, it adjourn to by representatives from the University America not defined by color. meet at 2 p.m. on Monday next and of Oregon and Intel. Mr. Speaker, I stand here today to that the order of the House of January The University of Oregon manages ask Congress to help make the 5, 2016, regarding morning-hour debate the USGS Pacific Northwest Seismic NAACP’s dream a reality. Let’s restore not apply on that day. Network and assists local governments the full protection of the Voting Rights The SPEAKER pro tempore (Mr. in preparing for disaster resilience. Act, fix our broken criminal justice system, and end the school-to-prison KNIGHT). Is there objection to the re- Intel is a leader in efforts to involve quest of the gentleman from Cali- the private sector in helping businesses pipeline. We must continue to move forward to fornia? and communities prepare for an earth- ensure equality of opportunity for all There was no objection. quake. We all know that better warning sys- Americans, not just the privileged few. f tems can save lives and save property. During Black History Month, Mr. b 1245 I look forward to continuing to work Speaker, and every month, let us re- with all of my colleagues in Congress commit ourselves to ending the jour- OBAMA ADMINISTRATION’S ney and having a more just and perfect HANDLING OF IRAN to help communities prepare for earth- quakes and related hazards. union. (Mr. BABIN asked and was given per- Lastly, I salute the NAACP and its f mission to address the House for 1 chairperson, Rosalyn Brock, and my minute.) WISHING MELISSA TRAYLOR A Columbus chapter NAACP chair, Nana Mr. BABIN. Mr. Speaker, I feel com- HAPPY 110TH BIRTHDAY Jones. pelled to give voice to the millions of (Mr. THOMPSON of Pennsylvania f Americans who continue to be dumb- asked and was given permission to ad- THE JUSTICE FOR VICTIMS OF founded and frustrated by this adminis- dress the House for 1 minute and to re- TRAFFICKING ACT—CHANGING tration’s handling of Iran. vise and extend his remarks.) THE LANDSCAPE FOR HUMAN Shortly before President Obama’s Mr. THOMPSON of Pennsylvania. TRAFFICKING VICTIMS final State of the Union address, news Mr. Speaker, I rise today to wish Me- broke that 10 U.S. sailors had been cap- lissa Traylor of North East, located in (Mr. POE of Texas asked and was tured by Iran’s Islamic Revolutionary Pennsylvania’s Fifth Congressional given permission to address the House Guard. District, a very happy 110th birthday. for 1 minute and to revise and extend Remarkably, the President did not Melissa was born on February 6, 1906, his remarks.) even mention our sailors in his speech on a farm located along the Pennsyl- Mr. POE of Texas. Mr. Speaker, while TVs across the world became lit- vania and New York border. She later Brooke was a victim of human traf- tered with pictures of our sailors on married and moved to Detroit, where ficking and child pornography at the their knees at gunpoint. she attended beautician school, eventu- age of 7. The nanny was selling Brooke Even worse, Iran’s Supreme Leader ally opening her own hair salon and on the marketplace of sex slavery in celebrated this incident last week by working for around three decades be- the United States. A small child sold awarding medals to those Iranians who fore retiring in the 1960s. for sex in the United States is shame- captured the intruding Americans. Melissa later moved to Florida before ful. Brooke was scared, feeling alone, and Once the situation was resolved, Sec- eventually moving back to Erie County didn’t tell anyone about her plight. No retary Kerry had the audacity to actu- in 2006 to be closer to her nieces and one spoke about sex trafficking then. ally thank the Iranians, and Mr. nephews. But sex slavery has been going on in Obama then released billions of dollars Mrs. Traylor remained active even the United States for a long time, in sanctions to the Iranians. after her 100th birthday, flying in an women and children forced into this This is yet another embarrassing epi- ultralight airplane with her nephew sode of weakness and capitulation that scourge. when she turned 101. Brooke, with the help of her mother, only serves to embolden our enemies Now I am looking forward to trav- has spoken out against this evil. and increase the likelihood of further eling to the Erie area this weekend to Congress has also spoken out. Con- conflict. join family, friends, and other local gress passed a law last year that will It is time that this administration and State officials in wishing Melissa a change the way we address human traf- set aside what I would characterize as very happy birthday. ficking in the United States. disdain for our military and, instead, Mr. Speaker, only one out of 10,000 The Justice for Victims of Traf- defend our servicemembers with the people live to be 100 years old. Even ficking Act will provide and ensure passion and respect that they have more impressive is the fact that only 1 that America provides grants to rescue earned and deserve. in 7 million people turn 110. and restore survivors like Brooke, f I wish Mrs. Traylor the best as she grants to educate the public, law en- continues her wonderful life. EARTHQUAKE WARNING SYSTEMS forcement, doctors, and educators to f identify, prevent, and prosecute human (Ms. BONAMICI asked and was given trafficking. permission to address the House for 1 CELEBRATING BLACK HISTORY MONTH Monsters that hurt victims will be minute.) prosecuted, the sellers and the buyers. Ms. BONAMICI. Mr. Speaker, my (Mrs. BEATTY asked and was given Most importantly, the victims of slav- home State of Oregon sits on the permission to address the House for 1 ery will be rescued, restored, and treat- Cascadia subduction zone, a fault that minute.) ed as victims of crime. separates the Juan de Fuca and North Mrs. BEATTY. Mr. Speaker, I rise Mr. Speaker, Congress has said that America tectonic plates. We are due— today to recognize Black History our children are not for sale. some say overdue—for an earthquake. Month. And that is just the way it is. Oregonians are well aware of the dan- Black History Month is an oppor- f gers facing our State, and I applaud the tunity for our Nation to honor the con- President and Interior Secretary tributions and accomplishments that LESS OF US, MORE OF GOD Jewell for recognizing this potentially African Americans and civil rights or- (Mr. LAMALFA asked and was given devastating threat to the West Coast. ganizations like the NAACP have permission to address the House for 1 On Tuesday the White House con- etched in the cornerstone of this Amer- minute and to revise and extend his re- vened scientists, public officials, and ica they helped change. marks.)

VerDate Sep 11 2014 00:01 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.038 H04FEPT1 Emcdonald on DSK67QTVN1PROD with HOUSE H588 CONGRESSIONAL RECORD — HOUSE February 4, 2016 Mr. LAMALFA. Mr. Speaker, this Commission, transmitting the Commission’s cation of a federal vacancy, pursuant to 5 week in Washington was one where final rule — Comprehensive Review of Li- U.S.C. 3349(a); Public Law 105-277, 151(b); (112 many came together in order to ex- censing and Operating Rules for Satellite Stat. 2681-614); to the Committee on Over- press their faith and fellowship and, Services [IB Docket No.: 12-267] received Feb- sight and Government Reform. ruary 3, 2016, pursuant to 5 U.S.C. 4238. A letter from the Assistant Director, also, to pray. 801(a)(1)(A); Added by Public Law 104-121, Senior Executive Management Office, De- It culminated in the National Prayer Sec. 251; (110 Stat. 868); to the Committee on partment of the Navy, transmitting a notifi- Breakfast, where the President and our Energy and Commerce. cation of a federal vacancy, pursuant to 5 House Speaker both were there with 4227. A letter from the Secretary, Depart- U.S.C. 3349(a); Public Law 105-277, 151(b); (112 many Congressional Members and lead- ment of the Treasury, transmitting a six- Stat. 2681-614); to the Committee on Over- ers and international leaders, all there month periodic report on the national emer- sight and Government Reform. with the theme of ‘‘Less of us, more of gency with respect to Lebanon that was de- 4239. A letter from the Secretary, Depart- ment of the Interior, transmitting the an- God’’ expressed several times, spoken clared in Executive Order 13441 of August 1, 2007, pursuant to 50 U.S.C. 1641(c); Public nual Report to Congress for the North Slope by our President as well. Law 94-412, Sec. 401(c); (90 Stat. 1257) and 50 Science Initiative, pursuant to 42 U.S.C. Also, he spoke of unity, as many did U.S.C. 1703(c); Public Law 95-223, Sec 204(c); 15906(e); Public Law 109-58, Sec. 348(e); (119 in that gathering, unity that I think is (91 Stat. 1627); to the Committee on Foreign Stat. 708); to the Committee on Natural Re- best expressed by this verse from the Affairs. sources. Bible, 2 Chronicles 7:14: 4228. A letter from the Director, Defense 4240. A letter from the Assistant Secretary, ‘‘If my people, who are called by my Security Cooperation Agency, Department of Legislative Affairs, Department of State, name, will humble themselves and pray Defense, transmitting reports containing the transmitting the Department’s interim final and seek my face and turn from their status of the Foreign Military Financing Ac- rule — Visas: Documentation of Non- count Direct Loans, the Foreign Military immigrants under the Immigration and Na- wicked ways, then I will hear from Liquidating Account Direct Loans, and the tionality Act, as Amended (RIN: 1400-AD17) heaven, and I will forgive their sin and Foreign Military Debt Reduction Account received February 3, 2016, pursuant to 5 will heal their land.’’ Direct Loans as of September 30, 2015 as re- U.S.C. 801(a)(1)(A); Added by Public Law 104- Indeed, less of us, more of God. quired by Sec. 25(a)(11) of the Arms Export 121, Sec. 251; (110 Stat. 868); to the Committee f Control Act; to the Committee on Foreign on the Judiciary. Affairs. 4241. A letter from the Assistant Secretary ADJOURNMENT 4229. A letter from the Assistant Director, of the Army, Civil Works, Department of De- Mr. LAMALFA. Mr. Speaker, I move Senior Executive Management Office, De- fense, transmitting the City of Manhattan, that the House do now adjourn. partment of Defense, transmitting a notifi- Kansas Local Protection Project: Flood Risk The motion was agreed to; accord- cation of a federal vacancy, pursuant to 5 Management Feasibility Study for April 30, 2016, pursuant to Public Law 91-611, Sec. 216; ingly (at 12 o’clock and 54 minutes U.S.C. 3349(a); Public Law 105-277, 151(b); (112 Stat. 2681-614); to the Committee on Over- (84 Stat. 1830) (H. Doc. No. 114—98); to the p.m.), under its previous order, the sight and Government Reform. Committee on Transportation and Infra- House adjourned until Monday, Feb- 4230. A letter from the Assistant Director, structure and ordered to be printed. ruary 8, 2016, at 2 p.m. Senior Executive Management Office, De- 4242. A letter from the Assistant Secretary f partment of Defense, transmitting a notifi- of the Army, Civil Works, Department of De- cation of a federal vacancy, pursuant to 5 fense, transmitting the Charleston Harbor EXECUTIVE COMMUNICATIONS, U.S.C. 3349(a); Public Law 105-277, 151(b); (112 Post 45: Final Integrated Feasibility Report ETC. Stat. 2681-614); to the Committee on Over- and Environmental Impact Statement for Under clause 2 of rule XIV, executive sight and Government Reform. January 2016, pursuant to Public Law 91-611, 4231. A letter from the Assistant Director, Sec. 216; (84 Stat. 1830) (H. Doc. No. 114—99); communications were taken from the Senior Executive Management Office, De- to the Committee on Transportation and In- Speaker’s table and referred as follows: partment of Defense, transmitting a notifi- frastructure and ordered to be printed. 4222. A letter from the Director, Regu- cation of a federal vacancy, pursuant to 5 4243. A letter from the Senior Assistant latory Review Group, Farm Service Agency, U.S.C. 3349(a); Public Law 105-277, 151(b); (112 Chief Counsel for Hazmat Safety Law Divi- Department of Agriculture, transmitting the Stat. 2681-614); to the Committee on Over- sion, PHMSA, Department of Transpor- Department’s final rule — Highly sight and Government Reform. tation, transmitting the Department’s final Fractionated Indian Land (HFIL) Loan Pro- 4232. A letter from the Assistant Director, rule — Hazardous Materials: Adoption of gram (RIN: 0560-AI32) received February 3, Senior Executive Management Office, De- Special Permits (MAP-21) (RRR) [Docket 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Added partment of Defense, transmitting a notifi- No.: PHMSA-2013-0042 (HM-233F)] (RIN: 2137- by Public Law 104-121, Sec. 251; (110 Stat. cation of a federal vacancy, pursuant to 5 AF00) received February 2, 2016, pursuant to 868); to the Committee on Agriculture. U.S.C. 3349(a); Public Law 105-277, 151(b); (112 5 U.S.C. 801(a)(1)(A); Added by Public Law 4223. A letter from the Secretary, Depart- Stat. 2681-614); to the Committee on Over- 104-121, Sec. 251; (110 Stat. 868); to the Com- ment of Defense, transmitting a letter on the sight and Government Reform. mittee on Transportation and Infrastruc- approved retirement of Lieutenant General 4233. A letter from the Assistant Director, ture. Bernard S. Champoux, United States Army, Senior Executive Management Office, De- 4244. A letter from the Assistant Secretary and his advancement to the grade of lieuten- partment of Defense, transmitting a notifi- of the Army, Civil Works, Department of De- ant general on the retired list, in accordance cation of a federal vacancy, pursuant to 5 fense, transmitting the Leon Creek Water- with 10 U.S.C. 777; to the Committee on U.S.C. 3349(a); Public Law 105-277, 151(b); (112 shed: Texas Interim Feasibility Report and Armed Services. Stat. 2681-614); to the Committee on Over- Integrated Environmental Assessment for 4224. A letter from the Assistant Secretary sight and Government Reform. April 2014 (H. Doc. No. 114—100); to the Com- for Legislation, Department of Health and 4234. A letter from the Attorney-Advisor, mittee on Transportation and Infrastructure Human Services, transmitting the Depart- Office of the General Counsel, Department of and ordered to be printed. ment’s reports entitled ‘‘Community Serv- Transportation, transmitting a notification 4245. A letter from the Chief, Publications ices Block Grant Reports to Congress for of a federal vacancy, pursuant to 5 U.S.C. and Regulations Branch, Internal Revenue Fiscal Years 2011 and 2012’’ and ‘‘Community 3349(a); Public Law 105-277, 151(b); (112 Stat. Service, transmitting the Service’s IRB only Services Block Grant Performance Measure- 2681-614); to the Committee on Oversight and rule — Revenue Ruling: 2016 Prevailing State ment Reports’’, pursuant to Secs. 678B(c) and Government Reform. Assumed Interest Rates (Rev. Rul. 2016-02) 678E(b)(2) of the Community Services Block 4235. A letter from the Assistant Director, received February 2, 2016, pursuant to 5 Grant Act; to the Committee on Education Executive and Political Personnel, Depart- U.S.C. 801(a)(1)(A); Added by Public Law 104- and the Workforce. ment of the Air Force, transmitting a notifi- 121, Sec. 251; (110 Stat. 868); to the Committee 4225. A letter from the PRAO Branch Chief, cation of a federal vacancy, pursuant to 5 on Ways and Means. Supplemental Nutrition Assistance Program, U.S.C. 3349(a); Public Law 105-277, 151(b); (112 4246. A letter from the Chief, Publications Food and Nutrition Service, Department of Stat. 2681-614); to the Committee on Over- and Regulations Branch, Internal Revenue Agriculture, transmitting the Department’s sight and Government Reform. Service, transmitting the Service’s IRB only interim final rule — SNAP Requirement for 4236. A letter from the Assistant Director, rule — Revocation of Rev. Rul. 2008-15 (Rev. National Directory of New Hires Employ- Senior Executive Management Office, De- Rul. 2016-3) received February 2, 2016, pursu- ment Verification and Annual Program Ac- partment of the Army, transmitting a notifi- ant to 5 U.S.C. 801(a)(1)(A); Added by Public tivity Reporting [FNS-2015-0029] (RIN: 0584- cation of a federal vacancy, pursuant to 5 Law 104-121, Sec. 251; (110 Stat. 868); to the AE36) received February 3, 2016, pursuant to U.S.C. 3349(a); Public Law 105-277, 151(b); (112 Committee on Ways and Means. 5 U.S.C. 801(a)(1)(A); Added by Public Law Stat. 2681-614); to the Committee on Over- 4247. A letter from the Chief, Publications 104-121, Sec. 251; (110 Stat. 868); to the Com- sight and Government Reform. and Regulations Branch, Internal Revenue mittee on Education and the Workforce. 4237. A letter from the Assistant Director, Service, transmitting the Service’s IRB only 4226. A letter from the Deputy Chief, Inter- Senior Executive Management Office, De- rule — Revenue Procedure 2016-10 (Rev. Proc. national Bureau, Federal Communications partment of the Army, transmitting a notifi- 2016-10) received February 2, 2016, pursuant

VerDate Sep 11 2014 01:55 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K04FE7.040 H04FEPT1 Emcdonald on DSK67QTVN1PROD with HOUSE February 4, 2016 CONGRESSIONAL RECORD — HOUSE H589 to 5 U.S.C. 801(a)(1)(A); Added by Public Law By Mr. PASCRELL (for himself and By Mr. SAM JOHNSON of Texas (for 104-121, Sec. 251; (110 Stat. 868); to the Com- Mr. ROONEY of Florida): himself, Mr. SESSIONS, and Mr. mittee on Ways and Means. H.R. 4460. A bill to reduce sports-related RATCLIFFE): 4248. A letter from the Chief, Publications concussions in youth, and for other purposes; H.R. 4466. A bill to exempt the Lower Bois and Regulations Branch, Internal Revenue to the Committee on Energy and Commerce. d’Arc Creek Reservoir Project from the Fed- Service, transmitting the Service’s IRB only By Mr. TOM PRICE of Georgia (for eral Water Pollution Control Act; to the rule — Update of Weighted Average Interest himself, Mr. ALLEN, Mrs. BLACKBURN, Committee on Transportation and Infra- Rates, Yield Curves, and Segment Rates [No- Mr. BRAT, Mr. BUCK, Mr. BURGESS, structure. tice 2016-07] received February 2, 2016, pursu- Mr. COLLINS of Georgia, Mr. CRAMER, By Mr. BLUMENAUER (for himself, ant to 5 U.S.C. 801(a)(1)(A); Added by Public Mr. DESJARLAIS, Mr. DUNCAN of Mr. ROHRABACHER, Mr. HUFFMAN, and Law 104-121, Sec. 251; (110 Stat. 868); to the South Carolina, Mr. FRANKS of Ari- Ms. BONAMICI): Committee on Ways and Means. zona, Mr. GOSAR, Mr. GRAVES of H.R. 4467. A bill to amend the Controlled 4249. A letter from the Chief, Publications Georgia, Mr. HUDSON, Mr. KING of Substances Act to allow for advertising re- and Regulations Branch, Internal Revenue Iowa, Mr. LAMALFA, Mr. PALAZZO, lating to certain activities in compliance Service, transmitting the Service’s IRB only Mr. PALMER, Mr. PEARCE, Mr. with State law; to the Committee on Energy rule — Guidance Relating to Refunds of For- RATCLIFFE, Mr. ROKITA, Mr. ROUZER, and Commerce, and in addition to the Com- eign Tax for Which an Election Was Made Mr. SALMON, Mr. STEWART, Mr. mittee on the Judiciary, for a period to be subsequently determined by the Speaker, in Under Section 853 [Notice 2016-10] received STUTZMAN, Mr. WESTERMAN, Mr. each case for consideration of such provi- February 2, 2016, pursuant to 5 U.S.C. WESTMORELAND, Mr. WILSON of South sions as fall within the jurisdiction of the 801(a)(1)(A); Added by Public Law 104-121, Carolina, Mr. YOHO, Mrs. LUMMIS, committee concerned. Sec. 251; (110 Stat. 868); to the Committee on and Mr. MICA): By Mr. BLUMENAUER (for himself, Ways and Means. H.R. 4461. A bill to amend title 5, United Mr. HANNA, and Mr. DUNCAN of Ten- 4250. A letter from the Chief, Publications States Code, to provide that agencies may not deduct labor organization dues from the nessee): and Regulations Branch, Internal Revenue H.R. 4468. A bill to establish a Water Infra- Service, transmitting the Service’s IRB only pay of Federal employees, and for other pur- poses; to the Committee on Oversight and structure Investment Trust Fund, and for rule — Section 506 Notification Requirement other purposes; to the Committee on Trans- for New and Certain Existing Section Government Reform. By Mr. CARTWRIGHT (for himself, Mr. portation and Infrastructure, and in addition 501(c)(4) Organizations [Notice 2016-09] re- to the Committees on Ways and Means, and ROSKAM, Mr. BISHOP of Georgia, Mr. ceived February 2, 2016, pursuant to 5 U.S.C. Energy and Commerce, for a period to be BRADY of Pennsylvania, Mr. 801(a)(1)(A); Added by Public Law 104-121, subsequently determined by the Speaker, in CA´ RDENAS, Mr. CARNEY, Mr. RODNEY Sec. 251; (110 Stat. 868); to the Committee on each case for consideration of such provi- DAVIS of Illinois, Mr. DEFAZIO, Mr. Ways and Means. sions as fall within the jurisdiction of the DELANEY, Mr. DOGGETT, Ms. ESHOO, 4251. A letter from the Chief, Publications committee concerned. Mr. HANNA, Mr. HONDA, Ms. JACKSON and Regulations Branch, Internal Revenue By Mr. PAULSEN (for himself, Mr. LEE, Ms. KAPTUR, Mr. LARSON of Con- Service, transmitting the Service’s IRB only KELLY of Pennsylvania, and Ms. JEN- necticut, Mr. LOEBSACK, Ms. rule — Applicable Federal Rates — February KINS of Kansas): 2016 [Rev. Rul. 2016-4] received February 2, MICHELLE LUJAN GRISHAM of New H.R. 4469. A bill to amend the Internal Rev- 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Added Mexico, Mr. PIERLUISI, Ms. SLAUGH- enue Code of 1986 to improve access to health by Public Law 104-121, Sec. 251; (110 Stat. TER, Mr. SWALWELL of California, Mr. care through expanded health savings ac- 868); to the Committee on Ways and Means. THOMPSON of California, Mr. VAN counts, and for other purposes; to the Com- 4252. A letter from the Deputy Director, HOLLEN, Mr. VARGAS, Mr. PETERS, mittee on Ways and Means, and in addition ODRM, Department of Health and Human Mr. TONKO, Mr. ENGEL, and Mr. CUM- to the Committees on the Judiciary, and En- Services, transmitting the Department’s in- MINGS): ergy and Commerce, for a period to be subse- terim final rule — State Health Insurance H.R. 4462. A bill to amend the Higher Edu- quently determined by the Speaker, in each Assistance Program (SHIP) (RIN: 0985-AA11) cation Act of 1965 to require certain institu- case for consideration of such provisions as received February 3, 2016, pursuant to 5 tions of higher education to provide notice of fall within the jurisdiction of the committee U.S.C. 801(a)(1)(A); Added by Public Law 104- tuition levels for students; to the Committee concerned. on Education and the Workforce. 121, Sec. 251; (110 Stat. 868); jointly to the By Mr. KILDEE (for himself, Mr. By Ms. ESTY (for herself and Mr. GIB- Committees on Ways and Means and Energy UPTON, Mr. CONYERS, Mr. LEVIN, Mrs. SON): and Commerce. MILLER of Michigan, Mr. WALBERG, H.R. 4463. A bill to amend the Comprehen- 4253. A letter from the Assistant Secretary Mr. AMASH, Mr. BENISHEK, Mr. sive Environmental Response, Compensa- for Legislation, Department of Health and HUIZENGA of Michigan, Mr. BISHOP of tion, and Liability Act of 1980 to modify pro- Human Services, transmitting the Depart- Michigan, Mrs. DINGELL, Mrs. LAW- visions relating to brownfield remediation ment’s report entitled ‘‘FY 2015 Report to RENCE, Mr. MOOLENAAR, Mr. TROTT, grants, and for other purposes; to the Com- Congress: Review of Medicare’s Program for Mr. RYAN of Ohio, Mr. PAYNE, and mittee on Energy and Commerce, and in ad- Oversight of Accrediting Organizations and Ms. EDWARDS): dition to the Committee on Transportation the Clinical Laboratory Improvement Vali- H.R. 4470. A bill to amend the Safe Drink- and Infrastructure, for a period to be subse- dation Program’’, pursuant to 42 U.S.C. ing Water Act with respect to the require- quently determined by the Speaker, in each 1395ll(b); Aug. 14, 1935, ch. 531, title XVIII, ments related to lead in drinking water, and case for consideration of such provisions as Sec. 1875(b) (as amended by Public Law 110- for other purposes; to the Committee on En- fall within the jurisdiction of the committee 275, Sec. 125(b)(4)); (122 Stat. 2519); jointly to ergy and Commerce. concerned. the Committees on Ways and Means and En- By Mr. HONDA (for himself and Mr. By Ms. EDDIE BERNICE JOHNSON of ergy and Commerce. HINOJOSA): Texas (for herself, Mr. LIPINSKI, Ms. H.R. 4471. A bill to improve quality and ac- f EDWARDS, Mr. GRAYSON, and Ms. countability for educator preparation pro- ESTY): REPORTS OF COMMITTEES ON grams; to the Committee on Education and H.R. 4464. A bill to ensure that Federal re- the Workforce. PUBLIC BILLS AND RESOLUTIONS search and development in support of civil By Mr. YOUNG of Indiana (for himself Under clause 2 of rule XIII, reports of aviation remains at the forefront of address- and Mr. DANNY K. DAVIS of Illinois): committees were delivered to the Clerk ing challenges confronting the Nation’s air H.R. 4472. A bill to amend title IV of the transportation system, and for other pur- for printing and reference to the proper Social Security Act to require States to poses; to the Committee on Science, Space, adopt a centralized electronic system to help calendar, as follows: and Technology. expedite the placement of children in foster Mr. CHAFFETZ: Committee on Oversight By Mr. DENHAM (for himself, Mr. care or guardianship, or for adoption, across and Government Reform. H.R. 901. A bill to CHAFFETZ, Mr. SHUSTER, Mr. CUM- State lines, and to provide grants to aid prohibit accessing pornographic web sites MINGS, Mr. DEFAZIO, Mr. BARLETTA, States in developing such a system, and for from Federal computers, and for other pur- and Mr. CARSON of Indiana): other purposes; to the Committee on Ways poses (Rept. 114–415). Referred to the Com- H.R. 4465. A bill to decrease the deficit by and Means. mittee of the Whole House on the state of consolidating and selling Federal buildings By Mr. GOSAR (for himself, Mr. the Union. and other civilian real property, and for FRANKS of Arizona, Mr. SALMON, Mr. other purposes; to the Committee on Trans- f SCHWEIKERT, Mrs. KIRKPATRICK, Mr. portation and Infrastructure, and in addition GALLEGO, Ms. SINEMA, and Ms. PUBLIC BILLS AND RESOLUTIONS to the Committee on Oversight and Govern- MCSALLY): ment Reform, for a period to be subsequently H.R. 4473. A bill to authorize, direct, expe- Under clause 2 of rule XII, public determined by the Speaker, in each case for dite, and facilitate a land exchange in bills and resolutions of the following consideration of such provisions as fall with- Yavapai County, Arizona, and for other pur- titles were introduced and severally re- in the jurisdiction of the committee con- poses; to the Committee on Natural Re- ferred, as follows: cerned. sources.

VerDate Sep 11 2014 03:07 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\L04FE7.000 H04FEPT1 Emcdonald on DSK67QTVN1PROD with HOUSE H590 CONGRESSIONAL RECORD — HOUSE February 4, 2016

By Mr. ABRAHAM (for himself, Mr. H.R. 4481. A bill to amend the Foreign As- HONDA, Mr. SIRES, Mr. ELLISON, Ms. DENHAM, Mr. CRAWFORD, Mr. KIND, sistance Act of 1961 to provide assistance for WILSON of Florida, Mr. JEFFRIES, Mr. Mr. LUCAS, Mr. BISHOP of Georgia, developing countries to promote quality CLEAVER, Ms. BROWN of Florida, Mr. Mr. ASHFORD, Mr. POMPEO, and Mr. basic education and to establish the goal of HASTINGS, Ms. EDDIE BERNICE JOHN- BLUM): all children in school and learning as an ob- SON of Texas, Mr. SCOTT of Virginia, H.R. 4474. A bill to amend the Internal Rev- jective of the United States foreign assist- Mr. BUTTERFIELD, Ms. JACKSON LEE, enue Code of 1986 to treat certain farming ance policy, and for other purposes; to the Ms. MICHELLE LUJAN GRISHAM of New business machinery and equipment as 5-year Committee on Foreign Affairs. Mexico, Ms. LORETTA SANCHEZ of property for purposes of depreciation; to the By Ms. MCSALLY (for herself, Mr. CAR- California, Mrs. CAPPS, Mr. CAPUANO, Committee on Ways and Means. TER of Georgia, Mr. FRANKS of Ari- Mr. PASCRELL, Ms. DEGETTE, Mr. By Ms. ADAMS (for herself, Mr. TAKAI, zona, Mr. GOSAR, Mr. MCCAUL, Mr. CASTRO of Texas, Mr. CROWLEY, Ms. ´ Ms. VELAZQUEZ, Ms. KELLY of Illi- WALKER, Mr. YOUNG of Iowa, Ms. PINGREE, Ms. EDWARDS, Ms. MCCOL- nois, Ms. JACKSON LEE, Ms. NORTON, SINEMA, Mr. ZINKE, Mr. SALMON, and LUM, Ms. SEWELL of Alabama, Mrs. OORE EE ONYERS Ms. M , Ms. L , Mr. C , Mr. SCHWEIKERT): KIRKPATRICK, Mr. GENE GREEN of Mr. GRIJALVA, Mr. HASTINGS, Ms. H.R. 4482. A bill to require the Secretary of Texas, Mr. TONKO, Mr. PALLONE, Mr. MICHELLE LUJAN GRISHAM of New Homeland Security to prepare a southwest DAVID SCOTT of Georgia, Mr. DOLD, Mexico, Mrs. LAWRENCE, Mr. DAVID border threat analysis, and for other pur- Mr. COURTNEY, Mr. TED LIEU of Cali- SCOTT of Georgia, Ms. EDWARDS, Mr. poses; to the Committee on Homeland Secu- fornia, Mr. SERRANO, Ms. ESTY, Mr. RICHMOND, Mr. TED LIEU of Cali- rity. KENNEDY, Mr. O’ROURKE, Mr. fornia, Mr. QUIGLEY, Ms. PLASKETT, By Mr. PEARCE: MOULTON, Mr. ISRAEL, Mr. TAKANO, Mr. RANGEL, Ms. MAXINE WATERS of H.R. 4483. A bill to appoint a special inves- Mrs. TORRES, Ms. JUDY CHU of Cali- California, Ms. JUDY CHU of Cali- tigator to determine the role of the Environ- fornia, Mr. THOMPSON of California, fornia, Mrs. DAVIS of California, Mr. mental Protection Agency in the Gold King Mr. GARAMENDI, Ms. MATSUI, Mr. MCDERMOTT, Mr. POCAN, Mrs. WAT- Mine spill and its downstream environ- HECK of Washington, Ms. BONAMICI, SON COLEMAN, Mr. NADLER, Mr. mental effects, provide compensation to in- Mr. BEYER, Mr. KILMER, Mr. JOHNSON PAYNE, Mr. VAN HOLLEN, and Mr. jured persons, fund certain long-term water of Georgia, Mr. RICE of South Caro- HONDA): quality monitoring programs, and for other lina, Mr. VELA, Mr. PETERS, Mr. H.R. 4475. A bill to authorize the Secretary purposes; to the Committee on Transpor- THOMPSON of Mississippi, Mr. SCHIFF, of Health and Human Services to award tation and Infrastructure, and in addition to Mrs. DINGELL, Mr. SEAN PATRICK grants to support the access of marginalized the Committees on the Judiciary, Rules, En- MALONEY of New York, Mr. CART- youth to sexual health services, and for ergy and Commerce, and Agriculture, for a WRIGHT, Mr. CONNOLLY, Mr. BLU- other purposes; to the Committee on Energy period to be subsequently determined by the MENAUER, Mr. BERA, Mr. CUELLAR, and Commerce. Speaker, in each case for consideration of Ms. ADAMS, Mr. AGUILAR, Mr. By Mr. BLUM: such provisions as fall within the jurisdic- CA´ RDENAS, Ms. CASTOR of Florida, H.R. 4476. A bill to provide that the rates of tion of the committee concerned. Mr. DELANEY, Ms. DELBENE, Ms. pay for Members of Congress shall be reduced By Miss RICE OF NEW YORK (for her- DUCKWORTH, Mr. GALLEGO, Mr. GRI- following any fiscal year in which there is a self, Mr. ISRAEL, Mr. KING of New JALVA, Ms. LOFGREN, Mrs. CAROLYN Federal deficit; to the Committee on House York, Mr. MEEKS, and Mr. ZELDIN): Administration, and in addition to the Com- H.R. 4484. A bill to authorize the Secretary B. MALONEY of New York, Mr. NAD- mittee on Oversight and Government Re- of the Interior to conduct a study of alter- LER, Mr. NOLAN, Mr. POLIS, Miss RICE form, for a period to be subsequently deter- natives for commemorating Long Island’s of New York, Ms. SCHAKOWSKY, Ms. mined by the Speaker, in each case for con- aviation history, including a determination SPEIER, Mr. DEFAZIO, Mr. HIGGINS, sideration of such provisions as fall within of the suitability and feasibility of desig- Mr. HINOJOSA, Mr. CARNEY, Mr. the jurisdiction of the committee concerned. nating parts of the study area as a unit of QUIGLEY, Mr. YARMUTH, Ms. HAHN, By Mr. CLAWSON of Florida (for him- the National Park System, and for other Mr. PETERSON, Ms. TSONGAS, Mr. self, Mr. BLUM, and Mr. ROONEY of purposes; to the Committee on Natural Re- KING of New York, Mr. ZELDIN, Mr. Florida): sources. DONOVAN, Mr. HOYER, Mr. VARGAS, H.R. 4477. A bill to amend title 38, United By Mr. ROE of Tennessee: Mr. FATTAH, Mr. VAN HOLLEN, Mr. States Code, to require voice mail for certain H.R. 4485. A bill to ensure that public hous- KIND, Mr. ENGEL, Mr. VISCLOSKY, Mr. telephone lines paid for by the Secretary of ing dwelling units are occupied by low-in- LARSEN of Washington, Mr. CICILLINE, Veterans Affairs, and for other purposes; to come families, and for other purposes; to the Mr. DANNY K. DAVIS of Illinois, Ms. the Committee on Veterans’ Affairs. Committee on Financial Services. DELAURO, Mr. GOWDY, Mr. By Mr. HUNTER (for himself and Mr. By Mr. WENSTRUP (for himself, Mr. GUTIE´ RREZ, Mr. PAYNE, Mr. DOGGETT, ZINKE): BRIDENSTINE, Mr. JORDAN, Mr. Mr. VEASEY, Ms. GABBARD, Mr. CLY- H.R. 4478. A bill to amend the Military Se- BURN, Ms. FUDGE, Mr. BISHOP of Geor- lective Service Act to extend the registra- MASSIE, and Mr. FLORES): H.R. 4486. A bill to hold the salaries of gia, Mr. RICHMOND, Ms. SINEMA, Mr. tion and conscription requirements of the COSTA, Mr. RUIZ, Mr. KILDEE, Ms. Selective Service System, currently applica- Members of a House of Congress in escrow if MENG, Mr. DEUTCH, Ms. KELLY of Illi- ble only to men between the ages of 18 and the House of Congress does not hold a vote nois, Ms. SLAUGHTER, Ms. KUSTER, 26, to women between those ages to reflect on final passage of each regular appropria- Mrs. DAVIS of California, Ms. the opening of Combat Arms Military Occu- tion bill for a fiscal year prior to the begin- VELA´ ZQUEZ, Ms. CLARKE of New York, pational Specialties to women; to the Com- ning of that fiscal year, and for other pur- Mr. BEN RAY LUJA´ N of New Mexico, mittee on Armed Services. poses; to the Committee on House Adminis- Mr. CARSON of Indiana, Mr. SHUSTER, By Mr. KILDEE: tration. H.R. 4479. A bill to provide emergency as- By Mr. SESSIONS: Mr. BECERRA, Mr. SHERMAN, Mr. sistance related to the Flint water crisis, H. Res. 602. A resolution electing certain SMITH of Washington, Mr. BRENDAN and for other purposes; to the Committee on Members to standing committees of the F. BOYLE of Pennsylvania, Ms. BASS, Energy and Commerce, and in addition to House of Representatives; considered and Mr. LANGEVIN, Mr. RANGEL, Mr. RUP- the Committees on Transportation and In- agreed to. PERSBERGER, Mr. CUMMINGS, Mr. frastructure, Education and the Workforce, By Mr. BECERRA: COHEN, Mr. CONYERS, Mr. Financial Services, and the Budget, for a pe- H. Res. 603. A resolution ranking Members DESAULNIER, Mr. KEATING, Mr. NEAL, riod to be subsequently determined by the of a certain standing committee of the House Mr. LYNCH, Ms. GRAHAM, Mr. COOPER, Speaker, in each case for consideration of of Representatives; considered and agreed to. Mr. SCHRADER, Mr. FORTENBERRY, such provisions as fall within the jurisdic- By Mr. LARSON of Connecticut (for Mr. ASHFORD, Mr. LIPINSKI, Mr. tion of the committee concerned. himself, Mr. COLE, Mr. LOEBSACK, Mr. WALZ, Mr. LOWENTHAL, Mr. PERL- By Mr. LOWENTHAL (for himself, Mr. MCNERNEY, Mrs. LOWEY, Mr. PRICE of MUTTER, Mr. HUFFMAN, Mr. HIMES, DESAULNIER, Mr. KEATING, Ms. NOR- North Carolina, Mr. WELCH, Mr. Mrs. WATSON COLEMAN, Mrs. BUSTOS, TON, and Mr. PIERLUISI): LEVIN, Mr. FARR, Mr. SWALWELL of Mr. BRADY of Pennsylvania, Ms. H.R. 4480. A bill to implement the Agree- California, Ms. ESHOO, Mrs. NAPOLI- FRANKEL of Florida, Ms. TITUS, Mr. ment on the Conservation of Albatrosses and TANO, Ms. ROYBAL-ALLARD, Mr. FOSTER, Mr. GRAYSON, Mr. MCGOV- Petrels, and for other purposes; to the Com- MEEKS, Ms. MOORE, Mr. RUSH, Mr. AL ERN, Ms. BROWNLEY of California, Ms. mittee on Natural Resources, and in addition GREEN of Texas, Mrs. BEATTY, Ms. LINDA T. SA´ NCHEZ of California, Mrs. to the Committee on Foreign Affairs, for a KAPTUR, Ms. MAXINE WATERS of Cali- LAWRENCE, Ms. LEE, Mr. MCDERMOTT, period to be subsequently determined by the fornia, Ms. WASSERMAN SCHULTZ, Mr. Mr. POCAN, Ms. CLARK of Massachu- Speaker, in each case for consideration of BISHOP of Utah, Mr. MICHAEL F. setts, Mr. MURPHY of Florida, Mr. such provisions as fall within the jurisdic- DOYLE of Pennsylvania, Mrs. NOEM, GIBSON, Mr. COLLINS of New York, tion of the committee concerned. Mr. RODNEY DAVIS of Illinois, Mrs. Mr. HANNA, Mr. REED, Mr. KATKO, Ms. By Mrs. LOWEY (for herself and Mr. WALORSKI, Mr. CLAY, Mr. TAKAI, Mr. STEFANIK, Mr. HOLDING, Mr. KELLY of REICHERT): RYAN of Ohio, Mr. NORCROSS, Mr. Pennsylvania, Mr. TIBERI, Mr.

VerDate Sep 11 2014 03:07 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\L04FE7.100 H04FEPT1 Emcdonald on DSK67QTVN1PROD with HOUSE February 4, 2016 CONGRESSIONAL RECORD — HOUSE H591

RENACCI, Mr. MEEHAN, Ms. JENKINS of By Ms. EDDIE BERNICE JOHNSON of granted by the Property Clause have not Kansas, Mr. BARTON, Mr. BRADY of Texas: been definitely resolved, we have repeatedly Texas, Mrs. WAGNER, Mr. BURGESS, H.R. 4464. observed that the power over the public land Mr. KING of Iowa, Mr. YODER, Mr. Congress has the power to enact this legis- thus entrusted to Congress is without limita- HUNTER, Mr. MCHENRY, Mr. lation pursuant to the following: tion.’’) WALBERG, Mr. HULTGREN, Mr. CREN- Article I, section 8 of the Constitution of Historically, the federal government trans- SHAW, Mr. JOLLY, Mr. SMITH of New the United States. ferred ownership of federal property to either Jersey, Mr. PITTS, Mr. SIMPSON, Mr. By Mr. DENHAM: private ownership or the states in order to POMPEO, Mr. WEBSTER of Florida, Mr. H.R. 4465. pay off large Revolutionary War debts and to RIGELL, Mr. BRAT, Mr. HURT of Vir- Congress has the power to enact this legis- assist with the development of infrastruc- ginia, Mr. HURD of Texas, Mr. SMITH lation pursuant to the following: ture. The transfers codified by this legisla- of Nebraska, Mr. CONAWAY, Mr. HILL, Article I, Section 8 of the United States tion are thus constitutional. Mr. WOMACK, Mr. ROGERS of Ken- Constitution, specifically Clause 1 (relating By Mr. ABRAHAM: tucky, Mrs. ELLMERS of North Caro- to providing for the general welfare of the H.R. 4474. lina, Mr. YOUNG of Alaska, Mr. ROO- United States) and Clause 18 (relating to the Congress has the power to enact this legis- NEY of Florida, Mr. WITTMAN, Mr. power to make all laws necessary and proper lation pursuant to the following: JOHNSON of Ohio, Mr. AMODEI, Mr. for carrying out the powers vested in Con- Article 1, Section 8, Clause 1 of the United KLINE, Mr. LUCAS, and Mr. MULLIN): gress) and clause 17 (relating to authority States Constitution H. Res. 604. A resolution recognizing the over district as the seat of government), and By Ms. ADAMS: establishment of the Congressional Patriot Article IV, Section 3, Clause 2 (relating to H.R. 4475. Award and congratulating the first award re- the power of Congress to dispose of and make Congress has the power to enact this legis- cipients, Sam Johnson and John Lewis, for all needful rules and regulations respecting lation pursuant to the following: their patriotism and selfless service to the the territory or other property belonging to Article 1, Section 8: To make all Laws country; to the Committee on House Admin- the United States). which shall be necessary and proper for car- istration. By Mr. SAM JOHNSON of Texas: rying into Execution the foregoing Powers, By Mr. FOSTER: H.R. 4466. and all other Powers vested by this Constitu- H. Res. 605. A resolution expressing the Congress has the power to enact this legis- tion in the Government of the United, or in sense of the House of Representatives that lation pursuant to the following: any Department or Officer thereof. the Office of Technology Assessment should Article 1, Section 8 of the U.S. Constitu- By Mr. BLUM: be reestablished; to the Committee on House tion. H.R. 4476. Administration. By Mr. BLUMENAUER: Congress has the power to enact this legis- By Mr. ISRAEL (for himself, Mr. HIG- H.R. 4467. lation pursuant to the following: GINS, Mr. GRIJALVA, Ms. SPEIER, Mr. Congress has the power to enact this legis- Article I, Section 6, Clause 1 NOLAN, Mr. LEVIN, Mr. DENT, Ms. lation pursuant to the following: Article I, Section 8, Clause 18 MCCOLLUM, Ms. LEE, Mr. RANGEL, Ms. Article I, Section 8, Clause I By Mr. CLAWSON of Florida: BORDALLO, Mrs. DINGELL, Ms. By Mr. BLUMENAUER: H.R. 4477. SLAUGHTER, Mr. VAN HOLLEN, Mr. H.R. 4468. Congress has the power to enact this legis- CONNOLLY, Mr. COOPER, Mr. Congress has the power to enact this legis- lation pursuant to the following: CICILLINE, and Mr. MCGOVERN): lation pursuant to the following: U.S. Constitution, Article I, Section 8 H. Res. 606. A resolution expressing support Article 1, Section 8, Clause 1: ‘‘to provide By Mr. HUNTER: for designation of February 4, 2016, as Na- for . . . the general Welfare of the United H.R. 4478. tional Cancer Prevention Day; to the Com- States;’’ Congress has the power to enact this legis- mittee on Energy and Commerce. By Mr. PAULSEN: lation pursuant to the following: By Mr. ROSS: H.R. 4469. Article 1, Section 8, Clauses 12–14: To raise H. Res. 607. A resolution condemning and Congress has the power to enact this legis- and support Armies, but no Appropriation of censuring President Barack Obama; to the lation pursuant to the following: Money to that Use shall be for a longer Term Committee on the Judiciary. Article 1, Section 8, Clause 1 (to lay and than two Years; To provide and maintain a collect taxes) and Clause 18 (necessary and Navy; To make Rules for the Government f proper) and Regulation of the land and naval Forces CONSTITUTIONAL AUTHORITY By Mr. KILDEE: By Mr. KILDEE: STATEMENT H.R. 4470. H.R. 4479. Congress has the power to enact this legis- Congress has the power to enact this legis- Pursuant to clause 7 of rule XII of lation pursuant to the following: lation pursuant to the following: the Rules of the House of Representa- Article I, Section 8. Article I, Section 8. tives, the following statements are sub- By Mr. HONDA: By Mr. LOWENTHAL: mitted regarding the specific powers H.R. 4471. H.R. 4480. granted to Congress in the Constitu- Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: lation pursuant to the following: tion to enact the accompanying bill or section 8 of article I of the Constitution. Article 1, Section 8 joint resolution. By Mr. YOUNG of Indiana: By Mrs. LOWEY: By Mr. PASCRELL: H.R. 4472. H.R. 4481. H.R. 4460. Congress has the power to enact this legis- Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: lation pursuant to the following: lation pursuant to the following: Article I, Section 8, Clause 1 of the United Article I. Article I, Section 8, Clause 3 of the United States Constitution, to ‘‘provide for the com- By Ms. MCSALLY: States Constitution. mon Defence and general Welfare of the H.R. 4482. By Mr. TOM PRICE of Georgia: United States.’’ Congress has the power to enact this legis- H.R. 4461. By Mr. GOSAR: lation pursuant to the following: Congress has the power to enact this legis- H.R. 4473. Article 1, Section 8, Clause 1—The Con- lation pursuant to the following: Congress has the power to enact this legis- gress shall have power to lay and collect The authority enumerated in clause 18 of lation pursuant to the following: taxes, duties, imposts and excises, to pay the Section 8 of Article 1 of the United States Article IV, Section 3, Clause 2 (the Prop- debts and provide for the common defense Constitution. erty Clause). and general welfare of the United States; but By Mr. CARTWRIGHT: Under this clause, Congress has the power all duties, imposts and excises shall be uni- H.R. 4462. to dispose of and make all needful rules and form throught the United States. Congress has the power to enact this legis- regulations respecting the territory or other Article 1, Section 8, Clause 18—To make lation pursuant to the following: property belonging to the United States. By Laws which shall be necessary and proper for Article 1, Section 8 (relating to the power virtue of this enumerated power, Congress carrying into Execution the foregoing Pow- of Congress to lay and collect taxes, duties, has governing authority over the lands, ter- ers, and all other Powers vested by this Con- imposts and excises, to pay the debts and ritories, or other property of the United stitution in the Government of the United provide for the common defense and general States- and with this authority Congress is States, or in any Department or Officer welfare of the United States.) vested with the power to all owners in fee, thereof. By Ms. ESTY: the ability to sell, lease, dispose, exchange, By Mr. PEARCE: H.R. 4463. convey, or simply preserve land. The Su- H.R. 4483. Congress has the power to enact this legis- preme Court has described this enumerated Congress has the power to enact this legis- lation pursuant to the following: grant as one ‘‘without limitation’’ Kleppe v lation pursuant to the following: Clause 18 of Section 8 of Article I of the New Mexico, 426 U.S. 529, 542–543 (1976) (‘‘And Article 1, Section 8, Clause 1 of the United Constitution while the furthest reaches of the power States Constitution

VerDate Sep 11 2014 03:07 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\L04FE7.100 H04FEPT1 Emcdonald on DSK67QTVN1PROD with HOUSE H592 CONGRESSIONAL RECORD — HOUSE February 4, 2016

By Miss RICE of New York: H.R. 1475: Ms. LOFGREN. H.R. 4333: Mr. MCCLINTOCK and Mrs. H.R. 4484. H.R. 1486: Mr. RODNEY DAVIS of Illinois, Mr. LOWEY. Congress has the power to enact this legis- GIBBS, Mr. ALLEN, Mr. WILSON of South Caro- H.R. 4342: Mr. SCHRADER. lation pursuant to the following: lina, Mr. LAMALFA, Mr. COLE, Mr. CHABOT, H.R. 4365: Ms. JENKINS of Kansas. Article I, Section 8, Clause 1: ‘‘The Con- Mr. POLIQUIN, Mr. JORDAN, Mr. STEWART, Mr. H.R. 4371: Mr. GOHMERT and Mr. gress shall have power to lay and collect DESANTIS, Mr. GOSAR, and Mr. PALMER. DESJARLAIS. taxes, duties, imposts and excises, to pay the H.R. 1492: Mr. LOEBSACK. H.R. 4380: Mr. RANGEL. debts and provide for the common defense H.R. 1581: Ms. MCSALLY and Mr. H.R. 4386: Mr. SWALWELL of California, Mr. and general welfare of the United States; but SCHWEIKERT. GALLEGO, and Ms. GABBARD. all duties, imposts and excises shall be uni- H.R. 1635: Mr. WESTMORELAND. H.R. 4400: Ms. ROS-LEHTINEN, Ms. SPEIER, form throughout the United States;’’ H.R. 1671: Mr. BRAT. and Ms. PINGREE. Article I, Section 8, Clause 18: ‘‘To make H.R. 1769: Mr. WENSTRUP and Mr. CARTER of H.R. 4420: Mrs. LUMMIS, Mr. BRAT, Mr. all laws which shall be necessary and proper Georgia. CHABOT, Mr. BURGESS, Mr. WALBERG, Mr. for carrying into execution the foregoing H.R. 1887: Mr. HANNA. GRIFFITH, Mr. TIPTON, Mr. BABIN, Mrs. MIL- powers, and all other powers vested by this H.R. 1988: Mrs. BEATTY. LER of Michigan, Mr. MCCLINTOCK, Mr. FLO- Constitution in the government of the H.R. 2005: Mr. BLUMENAUER. RES, Mr. MCKINLEY, and Mr. YOHO. United States, or in any department or offi- H.R. 2460: Mr. SERRANO. H.R. 4448: Mr. BURGESS. cer thereof.’’ H.R. 2518: Mr. PETERS. By Mr. ROE of Tennessee: H.R. 2566: Mrs. KIRKPATRICK. H.J. Res. 55: Mr. BISHOP of Michigan. H.R. 4485. H.R. 2698: Mr. ROSKAM. H. Con. Res. 98: Mr. MCGOVERN and Mr. Congress has the power to enact this legis- H.R. 2737: Mr. POE of Texas. SMITH of Washington. lation pursuant to the following: H.R. 3036: Mr. FRELINGHUYSEN, Mr. NOR- H. Con. Res. 105: Mr. PERRY. The constitutional power of congress to CROSS, and Mr. GARRETT. H. Con. Res. 108: Mr. MILLER of Florida, regulate commerce in and among the states, H.R. 3051: Mr. BEYER and Mr. O’ROURKE. Mr. KELLY of Pennsylvania, and Mr. COLLINS as enumerate in Article 1, Section 8, Clause H.R. 3088: Mr. MACARTHUR. of Georgia. 3 of the United States Constitution. H.R. 3099: Mr. DESJARLAIS, Mrs. BEATTY, H. Res. 154: Mr. ROYCE. By Mr. WENSTRUP: Mrs. DAVIS of California, and Mr. BEYER. H. Res. 220: Mr. BLUMENAUER, Mr. PERL- H.R. 4486. H.R. 3119: Mr. GUINTA and Ms. SLAUGHTER. MUTTER, and Mrs. LOWEY. Congress has the power to enact this legis- H.R. 3177: Mr. PETERS. H. Res. 343: Ms. PINGREE. lation pursuant to the following: H.R. 3209: Mr. MARCHANT and Mr. BISHOP of H. Res. 393: Mr. LEVIN. Article 1, Section 6, Clause 1 Michigan. H. Res. 419: Mr. DIAZ-BALART, Mr. ´ f H.R. 3223: Mr. GUTIERREZ. KINZINGER of Illinois and Mr. ROONEY of H.R. 3229: Mr. SHUSTER. Florida. ADDITIONAL SPONSORS TO PUBLIC H.R. 3308: Mr. LEWIS and Ms. NORTON. H. Res. 424: Mr. JOLLY. BILLS AND RESOLUTIONS H.R. 3513: Mr. HONDA and Mr. BLUMENAUER. H. Res. 469: Mr. BABIN. H.R. 3516: Mr. AMODEI and Mr. NEWHOUSE. Under clause 7 of rule XII, sponsors H. Res. 561: Mr. PETERS. H.R. 3537: Mr. PETERS. were added to public bills and resolu- H.R. 3713: Ms. KAPTUR, Mr. MCGOVERN, and H. Res. 567: Mr. KINZINGER of Illinois, Mr. tions, as follows: Mr. GARRETT. HUDSON, Mr. CARTER of Georgia, Miss RICE of New York, and Mr. TOM PRICE of Georgia. H.R. 27: Mr. TOM PRICE of Georgia. H.R. 3765: Mr. OLSON. OHO AM OHNSON H.R. 131: Mr. NEWHOUSE. H.R. 3779: Mr. FORBES and Ms. GABBARD. H. Res. 571: Mr. Y , Mr. S J of H.R. 140: Mr. BRAT. H.R. 3917: Mr. LOEBSACK, Mr. PETERSON, Texas, and Mr. PERRY. H.R. 188: Mr. FATTAH and Mr. ENGEL. Mr. KEATING, Mr. BEN RAY LUJA´ N of New H. Res. 588: Mr. ALLEN, Mr. FRANKS of Ari- H.R. 228: Mr. MARINO and Mr. PETERS. Mexico, and Mr. MCGOVERN. zona, and Mr. ZINKE. H.R. 250: Mr. ASHFORD. H.R. 3926: Mr. LARSEN of Washington and H. Res. 591: Mr. ROUZER, Mr. YOHO, Mr. H.R. 267: Mr. JONES and Ms. BORDALLO. Ms. LEE. LUCAS, Mr. GARAMENDI, Mr. BOST, Mr. BISHOP H.R. 343: Mr. FRELINGHUYSEN. H.R. 3952: Mr. WEBSTER of Florida. of Georgia, Mr. WILLIAMS, Mr. CUELLAR, Mr. H.R. 347: Mr. WILLIAMS. H.R. 3965: Mr. HUFFMAN and Mr. HONDA. PALAZZO, Mr. LARSEN of Washington, Mr. H.R. 448: Mr. LEVIN. H.R. 3970: Mr. BEN RAY LUJA´ N of New Mex- HURT of Virginia, Mr. NEWHOUSE, Mr. COL- H.R. 534: Mr. SMITH of Missouri. ico. LINS of New York, Mr. MOOLENAAR, Mr. H.R. 624: Mr. KINZINGER of Illinois. H.R. 4009: Mr. FARR. GRAVES of Missouri, Mr. ROONEY of Florida, H.R. 721: Ms. FUDGE. H.R. 4019: Mrs. LOWEY. Mr. ROSS, Mrs. KIRKPATRICK, Mr. MCGOVERN, H.R. 793: Mr. PRICE of North Carolina. H.R. 4043: Mr. PETERS. Mr. NOLAN, Mr. BEN RAY LUJA´ N of New Mex- H.R. 840: Ms. KUSTER. H.R. 4073: Mr. LANGEVIN and Mr. TROTT. ico, Mr. WESTERMAN, Mr. BISHOP of Michi- H.R. 850: Mr. BEYER. H.R. 4087: Mr. LOEBSACK. gan, Mr. HUIZENGA of Michigan, Mr. H.R. 939: Mr. BRENDAN F. BOYLE of Penn- H.R. 4114: Mr. HECK of Nevada. CRAWFORD, Mr. HURD of Texas, Mr. WOMACK, sylvania. H.R. 4140: Mr. NUGENT. Mr. DENHAM, Ms. DELBENE, Mr. HARPER, Mr. H.R. 1197: Mr. BEYER. H.R. 4197: Mr. BRAT. SCHRADER, Mr. THOMPSON of Pennsylvania, H.R. 1227: Mr. AGUILAR. H.R. 4207: Mr. BLUMENAUER. Mr. COSTA, Mr. MOONEY of West Virginia, Mr. H.R. 1391: Mr. GUTIE´ RREZ, Mr. VEASEY, Ms. H.R. 4229: Mr. DEUTCH and Mrs. MIMI WAL- ABRAHAM, Mr. MCKINLEY, Mr. VAN HOLLEN, ROYBAL-ALLARD, and Ms. EDDIE BERNICE TERS of California. Mr. WALBERG, Mr. MULVANEY, Mr. NEUGE- JOHNSON of Texas. H.R. 4247: Mr. BABIN and Mr. MILLER of BAUER, Mr. FLORES, Mr. GIBBS, Mr. H.R. 1397: Mr. FRELINGHUYSEN. Florida. LAMALFA, Mr. KELLY of Mississippi, Mr. H.R. 1421: Mr. GUTIE´ RREZ. H.R. 4262: Mr. FRANKS of Arizona. RODNEY DAVIS of Illinois, Mr. BROOKS of Ala- H.R. 1427: Mr. PALAZZO. H.R. 4313: Mr. AMODEI. bama, and Ms. ESTY.

VerDate Sep 11 2014 03:07 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A04FE7.020 H04FEPT1 Emcdonald on DSK67QTVN1PROD with HOUSE 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, FEBRUARY 4, 2016 No. 21 Senate The Senate met at 10 a.m. and was form, but the USO impacts military and that the cloture vote with respect called to order by the President pro personnel in a number of other impor- to S. 2012 follow that vote in the usual tempore (Mr. HATCH). tant ways, too, which is something it form and that the additional time be f has been doing literally for decades—in equally divided. fact, 75 years to the day. I think every The PRESIDING OFFICER. Without PRAYER colleague will join me in commemo- objection, it is so ordered. The Chaplain, Dr. Barry C. Black, of- rating this impressive 75-year history. f fered the following prayer: Our men and women in uniform sac- RECOGNITION OF THE MINORITY Let us pray. rifice a great deal to defend us, and so LEADER Father of love, who lives and reigns do their families. One of the things the in majesty, we honor Your Name. USO excels at is helping them to stay The PRESIDING OFFICER. The Today, use our lawmakers to advance connected—connected to hometowns, Democratic leader is recognized. Your kingdom of good will on Earth. connected to loved ones, connected to f Deliver them from ungodly pride and the simpler joys in life. From providing 75TH ANNIVERSARY OF THE USO ungenerous judgments, as You inspire deployed soldiers, sailors, airmen, and AND COMMENDING WAYNE NEW- them to seek Your wisdom and to fol- marines with an opportunity to phone TON low Your precepts. Give them the wis- home, to providing world-class enter- Mr. REID. Mr. President, I want to dom to labor to mend broken hearts, to tainment, to helping servicemembers join my Republican colleague, the dis- repair shattered dreams, and to leave find meaningful employment once tinguished Senator from Kentucky, the world better than they found it. their service is complete, the USO’s and underscore everything he said Lord, teach them to cherish the things mission is broad in scope and has made about the USO. As just a point of per- that endure, remembering always their a lasting and positive impact on many sonal privilege, one of the successors of accountability to You. since it was first conceived just before Bob Hope is Wayne Newton. President Lord, bless also the many members of World War II. Much of that credit is Bush selected him to lead the USO, their staffs who work faithfully behind due to Americans’ willingness to volun- which he did for many years. the scenes to keep America strong. teer. There has never been a more success- We pray in Your precious Name. Our military personnel—especially ful nightclub entertainer than Wayne Amen. our forward deployed and combat arms Newton. He is known all over the world f units—willingly trade the comforts of for his voice and his performances. He home for harsh living conditions. They PLEDGE OF ALLEGIANCE traveled the world during the time he often forgo life’s precious moments, was that person chosen by the Presi- The President pro tempore led the such as celebrating a child’s birthday dent to represent the USO. He is one of Pledge of Allegiance, as follows: or a first day at school, and they are the most patriotic persons I have ever I pledge allegiance to the Flag of the willing to put everything on the line known, and I admire him very much. I United States of America, and to the Repub- for us. The USO provides one more want to ensure that the record reflects lic for which it stands, one nation under God, platform to say ‘‘thank you’’ for that his friendship to me and all the vet- indivisible, with liberty and justice for all. service, to show gratitude for that sac- erans in America. f rifice, to let every man and woman in Certainly, I appreciate very much uniform know what they mean to us. RECOGNITION OF THE MAJORITY joining in this celebration of the USO. Congratulations to the USO for 75 LEADER f years of service to our troops and their The PRESIDING OFFICER (Mr. families. We hope you will continue FLINT, MICHIGAN, WATER CRISIS FLAKE). The majority leader is recog- your important work for many years to Mr. REID. Mr. President, 100,000 peo- nized. come. ple in Flint, MI, have been poisoned, f f but sadly the Republicans are doing nothing. Nine thousand children, all 75TH ANNIVERSARY OF THE USO ORDER OF PROCEDURE under the age of 6, have been poisoned. Mr. MCCONNELL. Mr. President, Mr. MCCONNELL. Mr. President, I Their brains have been attacked. Still, when Americans hear ‘‘USO,’’ they ask unanimous consent that notwith- Republicans have refused to do any- often think of Bob Hope. There is no standing rule XXII, the cloture vote thing to help. question that he helped to lift the spir- with respect to the Murkowski amend- For the last 2 weeks, the Senators its of countless men and women in uni- ment No. 2953 occur at 11:30 a.m. today from Michigan have worked on an

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

S635

.

VerDate Sep 11 2014 03:34 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.000 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S636 CONGRESSIONAL RECORD — SENATE February 4, 2016 amendment that would allow Federal The sad thing is that this sort of hy- Providing emergency assistance to Flint is funds to address the Flint water crisis. pocrisy isn’t limited to just the Sen- not a bailout. The Stabenow-Peters amend- Senators STABENOW and PETERS ators from Texas. The junior Senator ments would: a) provide emergency finding worked hard to negotiate with Repub- from Florida—one of the many running to help repair Flint’s water infrastructure, b) notify the public of concentrations of lead in licans. But almost having an agree- for President on the Republican side— the water, and c) connect children and adults ment in place is not an agreement. We is doing the same thing. exposed to lead poisoning with community need Republicans to work with us to Last year Florida was hit with ex- services and health experts. Moreover, other reach an agreement and let the people treme flooding. Senator RUBIO appealed communities currently dealing with lead of Flint know that help is on its way; for Federal assistance. He wrote a let- water crises in states like Ohio and else- otherwise, Senate Republicans will ter to the President. He said: ‘‘As Flo- where could also benefit from these re- continue ignoring Flint. If that is the ridians continue to reel from the ef- sources. case, then I would like my Republican fects of last month’s torrential rains Republican senators have routinely re- colleagues to come to the floor and ex- quested this type of assistance when disas- and flooding, I respectfully request you ters occurred in their states. The people of plain to this country why this man- consider Governor Scott’s appeal for a Flint deserve nothing less. Republicans must made disaster in Flint is not worthy of Major Disaster Declaration for Indi- join Democrats in meeting our moral obliga- the Republicans’ attention. Tell us why vidual Assistance for the five impacted tion to protect the health of our children. 100,000 Americans should be forced to counties.’’ That is what he wrote to Senator McConnell, we are asking for your drink polluted water and bathe in poi- President Obama last year, but, like it leadership to ensure your Republican col- sonous water. always is with the Senator from Flor- leagues do not condemn the people of Flint One mother told Senator STABENOW: I ida, that was then and this is now. This to more pain and suffering by blocking these amendments. was doing everything I could for my is what the junior Senator from Flor- children. I made sure that they stopped Very truly yours, ida says now: ‘‘I believe the federal G. K. BUTTERFIELD, drinking soda pop. So they didn’t have government’s role in some of these Chairman, soda pop. They drank water. But it was things [is] largely limited unless it in- The Congressional Black Caucus. horrible water, and it has affected my volves a federal jurisdictional issue.’’ Mr. REID. Here is what is said in the children’s lives. She said: I am respon- That is a buzz word for saying ‘‘Good final two paragraphs: sible for the poisoning of my children. luck, Flint.’’ According to Senator Republican Senators have routinely re- I heard statements made by the as- RUBIO, Floridians deserve disaster as- sistant Republican leader earlier this quested this type of assistance when disas- sistance but not the people of Flint. ters occurred in their states. The people of week, and here is a direct quote: This Senator hopes to become Presi- Flint deserve nothing less. Republicans must ‘‘While we all have sympathy for dent; yet he refuses to treat all Ameri- join Democrats in meeting our moral obliga- what’s happened in Flint, this is pri- cans the same. tion to protect the health of our children. marily a local and State responsi- There are plenty of other examples. This is what is said by Congressman bility.’’ Whenever their States have been hard BUTTERFIELD, who is the chair of the I don’t know if ‘‘outrageous’’ is suffi- hit, Republican Senators run here to Congressional Black Caucus. cient to describe this. After all, it was the Senate floor and demand Federal The final paragraph in the letter the assistant Republican leader who aid—as well they should. The Federal says: just last year welcomed Federal dis- Government should help in times of Senator McConnell, we are asking for your aster assistance for the people of Texas disaster. There has to be a bit of con- leadership to ensure your Republican col- because of the terrible flooding that sistency from Republicans. They must leagues do not condemn the people of Flint was taking place. Again in 2013, the be fair to everyone. The people of Flint to more pain and suffering by blocking these town of West, which is in Texas, suf- are just like every other American. amendments. fered a catastrophic explosion of a fer- They are deserving of the Federal Gov- I would hope my Republican col- tilizer plant—another manmade dis- ernment’s help. leagues would look in the mirror and aster. The Senator from Texas was Mr. President, I have a letter from ask themselves a simple question: quick to seek Federal assistance. He the Congressional Black Caucus. I am What would I do if 100,000 of my con- said: not going read the whole letter, but I stituents were poisoned? We will aggressively pursue this matter ask unanimous consent that it be I urge my Republican colleagues to with FEMA and pursue all appeals and rem- printed in the RECORD. join us in addressing this critical issue. edies available to us. . . . This was a disaster There being no objection, the mate- In a conference held in Las Vegas, area and their failure to acknowledge it as rial was ordered to be printed in the such is just inexcusable. We’re going to get NV, yesterday, one of the foremost ex- the residents of West the assistance they RECORD as follows: perts dealing with water, Pat Mulroy, need. CONGRESSIONAL BLACK CAUCUS, said that the ‘‘stupid stunt’’ that led to The junior Senator from Texas—one Washington, DC, February 4, 2016. widespread lead contamination in of the many Republicans running for Senator MITCH MCCONNELL, Flint, MI, has dealt a blow to public Majority Leader, U.S. Senate, The Capitol, President—was just as eager to accept confidence in water systems every- Washington, DC. where—even in places such as Southern Federal funds. He said: DEAR SENATOR MCCONNELL: The state of I am confident that the Texas congres- emergency in Flint, Michigan requires im- Nevada, where lead pipes are not an sional delegation, Senator Cornyn and I . . . mediate action from the United States Sen- issue. ‘‘It has given a black eye [to will stand united as Texans in support of the ate. Our children have been poisoned because water management] not just in Michi- Federal Government fulfilling its statutory of poor decision-making by some and inac- gan, not just in the United States, but obligations, and stepping in to respond to tion by others who are responsible for pro- around the world.’’ this natural disaster. tecting the most vulnerable among us. Sen- She went on to say: ate Republicans should not prevent federal According to Senator CRUZ, the Fed- I was angry. I was very angry. They did it emergency assistance to the people of Flint eral Government had an obligation to to save money. But was it really worth af- by blocking the common-sense amendments help Texas. He is right. We had an obli- fecting these children’s lives forever to save offered by Michigan Senators Debbie Stabe- a couple of bucks? gation, and we fulfilled that obligation. now and Gary Peters to the Energy Policy But we also have an obligation to help and Modernization Act. Instead, both parties She also said that complaints about Flint, MI. should come to an agreement on an emer- the water began a month after the I ask my colleagues from Texas and gency relief package for the people of Flint. switch, but officials waited for almost 2 the other Republicans here in the Sen- While there are no flooded streets or people years. By then, tests showed elevated ate, why are floods and explosions in stranded on the roof of their home, poisoned levels of lead, which causes brain dam- water still runs through the faucets in Flint. Texas disasters worthy of Federal sup- age. port and not the help needed for 100,000 There are children with visible scars, and those who will have mental health issues and She said: poisoned people in Flint, MI? Why do learning disabilities that we cannot yet see. The finger-pointing is going to be endless Texans deserve Federal assistance but Bottled water is not a solution. It is a band- for a while, especially as lawsuits begin to not the people of Flint? What could the aid that will not heal this gaping wound. The emerge. . . . I think there will be criminal reason be? City of Flint is in crisis. charges.

VerDate Sep 11 2014 03:34 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.002 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 4, 2016 CONGRESSIONAL RECORD — SENATE S637 I don’t know if there will be criminal when he closed by saying, ‘‘We have to and Senate for many years. I cannot charges, but these are pretty egregious reaffirm that most fundamental of tell you how many times Senators actions taken by the State of Michi- truths—we are all God’s children, all from States all across the Nation have gan. born equal with inherent dignity.’’ asked that same question: Will you She said that ready access to clean Will the Chair announce the business help us in Louisiana? Will you help us water is something most Americans before the Senate today. in Alabama? Will you help us in Texas? take for granted, but something like f There is hardly a State that has not this can cast doubt on the whole sys- come to the floor of the Senate asking tem. ‘‘Now there is a crack in that RESERVATION OF LEADER TIME for help. Yet, for reasons I cannot ex- trust relationship,’’ she said. ‘‘In Flint The PRESIDING OFFICER. Under plain, the Republican majority in the it is gone.’’ That is certainly true. the previous order, the leadership time Senate is resisting this idea. Almost So I would certainly hope my Repub- is reserved. 100,000 people were forced to live with- lican colleagues will understand it is f out access to clean water in their important that we do something now homes. They could not turn on their to help these people. We have some- ENERGY POLICY MODERNIZATION faucets in the morning to make break- thing that can be done. It should be ACT OF 2015 fast or to take a shower, as all of us do. done. Republicans should stop it. It is The PRESIDING OFFICER. Under They started their day by waiting in not something that is a local issue or a the previous order, the Senate will re- long lines for bottled water to feed and State issue. sume consideration of S. 2012, which bathe their kids, to take showers, and f the clerk will report. to stay healthy. They started rationing The senior assistant legislative clerk the water. RELIGIOUS LIBERTY read as follows: The elderly and disabled who could Mr. REID. Mr. President, yesterday, A bill (S. 2012) to provide for the mod- not make it to a pickup location for President Obama visited a mosque in ernization of the energy policy of the United bottled water, they were left with the Baltimore, MD. It was a powerful ex- States, and for other purposes. option of continuing to use water they pression to counter the divisive, hate- Pending: know was poisoning their bodies. This ful rhetoric used by too many Repub- Murkowski amendment No. 2953, in the na- is a disaster by any definition. I cannot licans and to emphasize the importance ture of a substitute. understand why there is not more un- of giving all Americans the respect and Murkowski (for Cassidy/Markey) amend- derstanding and empathy from my col- dignity they deserve. For years right- ment No. 2954 (to amendment No. 2953), to leagues when it comes to Flint, MI. It wing extremists have attacked the reli- provide for certain increases in, and limita- could happen anywhere. If it happened, gion of Islam and stoked fear about the tions on, the drawdown and sales of the Stra- would you hesitate for a moment as a presence of Muslims in our country. tegic Petroleum Reserve. Member of the Senate to ask for help? Some of those same extremists at- Murkowski amendment No. 2963 (to amend- Nine thousand children exposed to tacked President Obama for visiting ment No. 2953), to modify a provision relat- lead poisoning has been called an ear- the mosque yesterday. That is an at- ing to bulk-power system reliability impact statements. mark by the critics of our Senators tack on millions of American citizens from Michigan. They said it is just spe- who are being slandered. I was so grati- The PRESIDING OFFICER. Under cial interest legislation to try to help fied that the Presiding Officer had the the previous order, the time until 11:30 these victims. That is hard to imagine, courage to show solidarity with the a.m. will be equally divided between that it could reach that level in criti- Muslims in the State of Arizona and the two managers or their designees. cizing this effort. Just like those who the country by visiting a mosque a The assistant Democratic leader. suffered from tornadoes and hurri- short time ago. The Presiding Officer FLINT, MICHIGAN, WATER CRISIS canes, these families did nothing to de- was attacked by rightwing extremists Mr. DURBIN. Mr. President, what serve it. Just as the Federal Govern- for this visit. I am sorry about that, happened in Flint, MI, is incredible. In ment always helps when Americans are but I admire what he did. the 21st century, in the most developed hit by disasters, we should do it in When hateful extremists set their country on Earth, to think that 100,000 Flint. sights on attacking one religion, they people were exposed to contaminated There were no complaints last May are attacking the core values of Amer- water, to think that 9,000 or 10,000 chil- when the Federal Government declared ican society upon which our Nation dren were exposed to lead poisoning—it an emergency and reached out to the was founded. President Obama could was not a natural disaster but the re- residents of Texas to help them rebuild not have made this point more clearly sults are disastrous. It was a disaster their lives after a tornado hit. So I am yesterday. He said, ‘‘An attack on one created by those who were in charge of wondering if the Republican Presi- faith is an attack on all our faiths.’’ managing the city of Flint. dential candidate from Texas is willing Religious liberty is a priceless Amer- The governmental agencies and those to step up, the junior Senator from ican value that should be cherished. We who worked for them made what they Texas, and ask for the same level of cannot allow the threat from menacing considered to be the right budgetary Federal assistance for Flint, MI, that radicals to change who we are and how decisions, but they certainly made the he asked for his own State. we treat our fellow citizens. As Presi- wrong decisions when it came to the This crisis is not the fault of the dent Obama also said yesterday, ‘‘We health and the well-being of the poor kids, the pregnant women who still call are one American family. We will rise people who were victimized by their Flint home. Their only crime was liv- and fall together.’’ So I applaud the wrongdoing. Every time I hear the ing in a city that was so poorly mis- President for his courage and willing- story, the same question comes to my managed by the Michigan State gov- ness to combat the detestable hatred mind: Who is going to jail for poisoning ernment. Their only crime, if there was that leading Republicans have em- 9,000 children? Think about the cir- one, was being the victims of cheap, braced and far too few Republicans cumstances here. A knowing decision dirty water. These kids and pregnant have spoken out against—the hateful by a city manager to switch to a water women are the most vulnerable when it rhetoric—especially in the Presidential supply which was contaminated endan- comes to lead contamination. We are election by our Republican colleagues. gered the health of thousands of chil- not going to know for years the extent As defenders of democracy, we must dren, tens of thousands of citizens. If of the damage, but we know there will stand against the bigotry wherever it that is not the grounds for at least in- be damage. arises. Doing so is the only way to en- vestigation, I don’t what is. Many of them live in homes that sure that we stay true to our funda- So the Senators from Michigan, Sen- have been found to have 10 times the mental values. As election season be- ator PETERS, Senator STABENOW, have EPA limits for lead in drinking water. gins to kick into high gear, I encourage come to the floor of the Senate and The Senator from Michigan, Ms. STA- the American people to heed the call said to America: Will you help Flint, BENOW, yesterday told us that some of that President Obama made yesterday MI? It is right that they do so. I have the lead samples reached the level of at the Islamic Society of Baltimore, been fortunate to serve in the House toxic dumps, so far beyond the level

VerDate Sep 11 2014 00:36 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.003 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S638 CONGRESSIONAL RECORD — SENATE February 4, 2016 that is acceptable for human consump- Flint, rightly, are in a position where people are very grateful for that. But tion. This means a generation of Flint they have been told that the water was we also know Americans support and kids are in danger of suffering brain safe to drink. They gave it to their join us by saying bottled water is not damage, developmental delays, and be- children. It wasn’t. They are poisoned. enough. This baby cannot be bathed in havior issues for the rest of their lives. Now they are in a situation where bottled water every day for years and To add insult to injuries, when moth- they have great despair and great years and years. ers came to the State nurse to fight for anger. I share in both of those feelings, I had one citizen say to me: Ma’am, I their children, they were met with apa- a multitude of feelings, as does my can’t take a shower in bottled water. thy. Listen to what they were told: friend and colleague Senator PETERS. We have to support fixing the infra- It’s just a few IQ points. . . . It’s not the We are joined together in our commit- structure. We do that all the time. end of the world. ment on a whole range of efforts to be So what we have done—and I appre- This is supposedly a quote from a able to help the children and families ciate the chair of the Energy Com- State nurse. The Flint water crisis of Flint. There was one report—by the mittee working with us. She spent a truly is a tragedy. We need to step for- way, this is what the water looks lot of time—as has the ranking mem- ward. It does not just mean funding. It like—brown, smells. ber, who has been ferocious in her sup- reminds us of the importance of clean There was one story on the news of a port, for which we are so grateful—try- drinking water that we all take for house where they went to talk with ing to work this out. Originally, we granted. When I think of all of the ef- folks and looked at the lead levels. It thought we had a path forward. Then was above toxic waste dump levels. I forts on the floor of the Senate to dis- there were procedural issues that came talked to a mom who talked about— mantle the Environmental Protection up. Yesterday we thought we had an- and I heard another mom as well, being Agency and to remove their authority other path forward that would give us interviewed, saying: You know, I took to deal with issues involving clean bipartisan support on a solution that my children off of what we call pop in water, it is hard to imagine that they we could get done and passed here. Michigan, other people call it soda, could envision what happened in Flint, Then that was paused. I am not exactly Coke, Pepsi, because I was told that because having access to clean water sure why that happened, but that was was not healthy for my children. So should not be determined by your ZIP paused. when my children were playing last Code or your government. I hope my So today we are asking for colleagues summer, I told them to drink water to Republican colleagues will work with to give us some more time. We have hydrate because I did not want them very key people in this Chamber who us on a bipartisan basis, the way we al- getting the extra sugar, the ingredients ways do it when it comes to disasters are now stepping up to give us addi- from pop. Now I know I was poisoning tional ideas on how we could get this that hurt innocent people. my children. I yield the floor. fixed. We can do this quickly if there is I can only imagine what that mom the will to do that. So we are asking I suggest the absence of a quorum. feels right now. We have a lot of infra- The PRESIDING OFFICER. The colleagues to give us more time. structure problems around the coun- clerk will call the roll. As we know, the cloture vote in front try, no question. We have colleagues on The senior assistant legislative clerk of us today is to basically shut off both sides of the aisle working to- proceeded to call the roll. amendments and go to the next step in gether on various proposals that I sup- Ms. STABENOW. Mr. President, I ask third reading. What we are saying is port to deal long term with infrastruc- unanimous consent that the order for give us some time. There are other ture. issues that need to be resolved as well, the quorum call be rescinded. But this is way beyond that. This is The PRESIDING OFFICER. Without certainly issues with working men and an entire city of 100,000 people who objection, it is so ordered. women around Davis-Bacon laws. have poisoned water because of deci- Ms. STABENOW. Mr. President, as sions that none of them made. We can There are other issues. We know that all of our colleagues know, we have talk later about whose fault it is. we can come to a resolution if there is been working very hard to come to- There is certainly culpability and ac- the political will and a little more gether around a reasonable path to pro- countability. But right now we are fo- time, so that it is not just some bogus vide some support and assistance to cused on helping the people who had proposal. We have had things thrown the people of Flint, MI, who got up this nothing to do with creating this. It is out that don’t solve the problem. We morning—if they took a shower, it was 100,000 people. The entire system has are not looking for something that just with bottled water. If they were get- lead in it. Some levels are thousands of gives somebody political cover. We ting breakfast for their children, if a points higher than is acceptable. No have resisted a lot of folks who would mom was mixing baby food formula, it lead is acceptable, but some of it is love just to make this a political issue. was with bottled water. higher than a toxic waste belt. These children should not be a political That has gone on now, for some peo- So we are on the floor asking to help football. ple, 18 months or more. I mean, origi- the children of Flint by doing what we I think Members of this body know nally, they were told the water was do all the time. We just step up as that Senator PETERS and I are people safe, and they were drinking it and Americans and help a community re- who want to get things done. We work then found incredibly high lead levels build their water system. There is a lot across the aisle every single day. If we in their children. Now it is bottled more to do. We are so grateful for col- wanted to blow this up as a political water. We have businesses downtown leagues who have reached out to say we issue, believe me, there would be a dif- who have gone to the expense of cre- want to help in a variety of ways—with ferent way to do it, and the story ating their own water systems that are their education needs, nutrition needs, writes itself. totally safe, but no one will come. and health care needs,—but the basic We are asking people to care and see Doors are closing. issue is fixing the water system so that these children like you see your own We have small businesses in neigh- the people of Flint have the dignity children. These children, these families borhoods—we have a revitalization ef- that we have of knowing that when have been ignored and not seen. We see fort in downtown Flint that has been they turn on the faucet there is going them. Their faces are burned in my really quite extraordinary. The cham- to be clean water. memory. We are asking colleagues to ber, a wide variety of organizations, You have probably seen the picture, see them, to hold them with as much the University of Michigan-Flint, a but in this example in Time magazine, value as you would children in your whole range of groups investing in this is a child whose mom was bathing own family and in the States that you downtown Flint. her children, and there are rashes. We represent. That is what we are asking— This is all collapsing because of the have seen rashes, sores, hair falling nothing more, nothing less. fact that people are afraid to come and out, and lead levels because a commu- We have not proposed that the Fed- to drink the water or to eat food mixed nity drinking water system has been eral Government take full responsi- with the water, even though our busi- decimated. bility on cost—far from it. In fact, we nesses downtown are doing things to Americans responded across the have been told by colleagues that we rectify this right now. The citizens of country by sending bottled water, and have not proposed enough. We have

VerDate Sep 11 2014 00:36 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.005 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 4, 2016 CONGRESSIONAL RECORD — SENATE S639 been willing, in fact, to come to an Senator STABENOW, Senator CANT- their power to deliver assistance. agreement on something that is less WELL, and I have been negotiating with Whether the crisis is natural or man- than half of what we originally asked our Republican colleagues to secure made, it simply doesn’t matter. This is for. critical assistance for the city of Flint, a crisis. But these children deserve the dig- MI, whose residents are continuing to It is also important to know that this nity of knowing we will step up and suffer from a manmade disaster. Nearly crisis has raised questions about the help them. Too many of these chil- 2 years ago, an unelected emergency safety of our Nation’s infrastructure. It dren—9,000 of them under the age of 6 manager appointed by Michigan’s Gov- is possible that other communities and a whole lot of many more thou- ernor changed the city of Flint’s water could be affected. sands above the age of 6—are going to to a source of the Flint River in an at- While other communities may not be set back and not have the oppor- tempt to save money while the city suffer a crisis like Flint, across the tunity to be all they can be. How many prepared to transition to a new re- country communities are learning scientists, doctors, business people, and gional water authority. about the vulnerabilities of their own teachers are we going to lose because After switching away from clean water supply and what may happen in of lead poisoning in this community? water sourced from the Detroit water the future. It doesn’t go away. I have learned department, Flint residents began to I should also reiterate that the pro- more than I have ever wanted to know receive improperly treated Flint River posal Senator STABENOW and I have about lead. I didn’t know that once it water, long known to be contaminated been negotiating would provide funding enters the body, it never goes away. So and potentially very corrosive. Brown for any State that has had an emer- the children who are poisoned are or yellow water poured from Flint fau- gency declaration related to lead or going to have to live with this, and the cets that tasted and smelled terrible. other contamination in public drinking best we can do is mitigate it through This water wasn’t just disgusting, it water systems. So it is not just about nutrition and through other strategies. turned out to be poisonous. This corro- Flint. This is about any community But they deserve to know that we are sive water leached lead from aging but that is suffering from contamination of going to fix this, and we can’t begin to previously stable infrastructure. their drinking water. deal with it unless the water system A generation of children in Flint are While we often talk about crumbling works. That is all we are asking for. now at risk for the severe effects of roads or bridges, hundreds, if not thou- Today, because we know there is a lead exposure, which can cause long- sands of American cities, towns, and path, people of good will have been try- term development problems, nervous villages have aging water infrastruc- ing to get it done. We need a little system damage, and decreased bone ture and lead pipes. more time. I think these children de- and muscle growth. Even though Flint Should one of our colleague’s com- serve a little more time. I think these is no longer pulling its water from the munities experience a similar crisis in families deserve a little more time. contaminated river and is back to in the coming months, this funding we Let us get this together. If we vote drawing safe Lake Huron water, the re- are fighting for today will be available next week, next Tuesday, we will be cently damaged pipes and infrastruc- to them as well. OK. How many kids, how many bottles ture contaminate the water before it Now is the time for action and to of water—how many bottles will be pours from the tap. help the families of Flint. I hope that used between now and next Tuesday by Flint residents are unable to use we can reach a resolution on our nego- the people of Flint? their showers and need to wash them- tiations with our Republican col- We can take a couple of extra days to selves with baby wipes. Some walk as leagues, but we are not quite there yet. do something that will dramatically far as 2 miles to pick up bottled water I urge all of my colleagues to oppose change the opportunity for our future to drink—the same bottled water they cloture on this bill until we have a in a city that is as important as any use to cook and to brush their teeth. deal. other city in our country. So that is This is simply not sustainable. Whether in Flint or elsewhere in what we are asking for. We are grateful Flint needs the support of all levels America, we have a responsibility to that our colleagues are standing with of government to overhaul its damaged care for our children. We must repair us—our colleagues on our side of the water infrastructure and help the chil- the trust Flint residents have lost in aisle—to give us more time. dren of Flint, who will be dealing with the ability of government officials to We are hoping that the leadership the health effects of lead exposure for protect them and provide the most will decide to give us that time so that decades to come. basic of all services. we can say to this child: We see you, What makes America so exceptional I strongly urge my colleagues to join we hear you, we care about you, and we is its resiliency and the unity of our us in our efforts to help Flint recover are doing our part in the Senate to people in the face of a tragedy or a cri- from this unnecessary, manmade dis- make things better. sis. While Flint has faced decades of aster. Thank you. economic hardship, it is now facing a Standing up for the children of this The PRESIDING OFFICER. The Sen- full-blown crisis, and now is the time country is not a Republican or a Demo- ator from Michigan. for all of us to pull together. cratic issue, and I hope that today we Mr. PETERS. Mr. President, I rise On Monday, I heard from a woman show the American people that we can today to urge my colleagues on both who was on the verge of tears as she come together at times of crisis. This sides of the aisle to oppose the upcom- discussed her fears of the health condi- is common ground on which we can ing cloture vote on the Energy Policy tions that her children face. stand together and stand up for the Modernization Act. This is not because Yesterday I met another mom from people and children of Flint. I think this is a bad bill. In fact, I Flint who brought a baby bottle filled Mr. President, I yield the floor. know this bill is the result of months with brown water that she poured from The PRESIDING OFFICER. The Sen- of hard work on both sides of the aisle, her tap—and brought it to Wash- ator from Maryland. and it contains many provisions that ington—to show my colleagues and Ms. MIKULSKI. Mr. President, I see will move our economy forward. Congress just how immediate a public that the distinguished Senator from I appreciate the efforts of Chairman health threat this public crisis is. This Alaska has come to the floor as the MURKOWSKI and Ranking Member image that appeared on the cover of manager of the bill. I have a statement CANTWELL, including their willingness Time magazine is clearly a haunting I wish to give, but I didn’t know if she to include bipartisan legislation that I cry for help. needed to say something. offered with Senators ALEXANDER and I ask my colleagues to look into Mr. President, I rise today to add my STABENOW to support the development those eyes and to hear that cry, to see heartfelt and impassioned voice to call of next-generation clean vehicle tech- that cry for help. I believe that if any for action to help the people who live nologies. While I sincerely hope that of my colleagues saw this tragedy such in Flint, MI, with this emergency situ- we are able to advance this bill out of as we are seeing in our home State— ation. We have to be in it to deal with the Senate, it is simply too soon to cut Senator STABENOW and I—they would the emergency today and the long haul off debate and invoke cloture. be standing here doing everything in for tomorrow.

VerDate Sep 11 2014 00:36 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.008 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S640 CONGRESSIONAL RECORD — SENATE February 4, 2016 This is of catastrophic, almost Arma- children. I wouldn’t go anywhere in way to solve this problem, and let’s geddon, proportion. An American city Flint unless I personally prepared my begin to heal the critical infrastruc- has been poisoned because of a situa- food or washed my clothes or saw what ture so we begin to prevent this from tion that has been self-induced and I was doing. I would be scared to death. happening in any other American city. self-inflicted. What is happening in I bet those parents are too. And what Mr. President, today I wish to sup- Flint, MI, is appalling. It is a tragedy, are we afraid of? We need to get there. port an amendment filed by my friend it is a disgrace, and it will be for a long Now I am going to talk about the and colleague Senator COLLINS that time. We need to fix the pipes right children and the human cost. I say to would require the Department of En- away, but the fixing of human beings is my colleagues, both from Michigan and ergy to identify a mitigation strategy going to take a long, long time. here, Senator CARDIN and I know a lot to help protect our critical infrastruc- Let’s get real. We are now bogged about lead poisoning. We have been ture in the electric sector from a cata- down in parliamentary inertia. We are through really difficult problems in strophic cyber attack. When it comes now bogged down in Washington wonky Baltimore because of lead paint poi- to our national security, there is no budgetary talk: Where are the offsets? soning and the legacy of paint used such thing as partisanship, and we What is this? What is this? Are we during World War II. We know what it have to work together on a bipartisan human beings? We take an oath to de- does. It lowers IQs. It causes signifi- basis to ensure our Nation is safe and fend the Constitution against all en- cant developmental delays. There are protected. We need to act, and we need emies, foreign and domestic, but some- behavioral issues, including attention to act in the defense of the United times an enemy is a tragedy. It can deficit disorder. It is a lifetime; that States of America. The Senate has a come from—God knows—a hurricane or little boy or girl at 6 years old, God great opportunity today to pass an tornado, and we rush in to help. If this willing that they live to their 80s, they amendment to help protect and defend had been a terrorist attack, oh, my are going to carry this in their blood our Nation’s critical infrastructure gosh, we would be willing to go to war unless there are incredible medical from a devastating cyber attack. to defend America. Well, we need to go breakthroughs for the rest of their What do I mean by critical infra- to the edge of our chair to help Flint. lives. Senator STABENOW and I have structure? It is our electric power grid, My gosh. discussed possible medical break- our financial services, our water sup- The Senators from Michigan are throughs, but, gosh, we have to get on plies, those things that are the bread looking for $400 million. That is no it. We have to get on it. Again, the ef- and butter of keeping America, its small amount of money, but I bring to fects of poisoning could take a life- business, and its families going. These my colleague’s attention that it is the time. are entities that are vital to the safety, price of four F–35s—four F–35s that are What I know about lead paint in Bal- health, and economic well-being of the supposed to protect America. Good for timore goes back to my days in city American people; so we need to do our that. But right now I think the people council where the paint was poisonous. part to help keep our critical infra- of Michigan would say they would like They were coming into Johns Hopkins structure hardened and resilient to have the help they need. If we are and the University of Maryland Med- against attack. talking about a threat to the people, ical Center, kids just so sick. I remem- You don’t have to be a science fiction the threat is here. ber the story about a little boy who enthusiast to understand how dev- Now, where are we? We have to deal was so weak that on his way to school astating an attack that disabled our with this. I am the vice chair of the he lay down in the middle of the street. power grid would be—millions without Appropriations Committee. I say to my He was so depleted because of the con- power. I am not worried that we will colleagues: Guess what, gang. All this sequences of lead paint. have to put away our iPhones; I am budgetary stuff, all the battles with se- That is why I support the Stabenow worried about vulnerable populations quester and so on—we have only $800 amendment to provide $800 million in lacking heat in the dead of winter, million for safe drinking water, less loans and grants and also to provide about emergency responders who can’t than $1 billion. Flint today is asking about $20 million to HHS to bring to- get calls, and about patients who need for $400 million. We know it is a down gether the best thinking to have the power for lifesaving medical devices. payment. I say to my colleagues from best responses to the human infra- Michigan, this could happen to any structure. The possibility of an attack on our State. It could happen to any State be- I have worked on this issue for a long power grid is not far-fetched. We know cause our infrastructure is not only time, going back to Senator Kit Bond, that there are already attacks going on aging in place, it is becoming dysfunc- my pal and partner when we had the in our energy sector. The committee tional in place and it is becoming dan- old VA–HUD Appropriations Sub- report accompanying this bill notes gerous in place—$800 million. committee. Senator Bond was a real that one-third of reported cyber at- Senators STABENOW and PETERS have champion on this. There can be a bipar- tacks involve the energy sector. already shared horror stories. Gosh, tisan solution. Let’s make it an Amer- But not only do I worry about an at- they have done a great job speaking up ican solution. This isn’t about ‘‘you,’’ tack, I equally worry about our inertia, for the people. I really compliment and it is not about ‘‘Democrats.’’ It is where we do nothing. I bring to the at- their advocacy. But we are all Flint. about ‘‘us.’’ tention of the Senate that Jim Clapper, We are all Flint. The facts will speak As vice chair of the Appropriations the Director of National Intelligence, for themselves as we talk about how Committee, I certainly want to work testified that the No. 1 cyber concern the Flint water is contaminated be- with my colleagues on how we can do he has is an attack on our Nation’s cause its pipes are permanently dam- this. But let’s get the lead out of the critical infrastructure, saying the aged. I understand that replacing pipes, let’s get the lead out of the greatest threat facing our country was Flint’s corroded water infrastructure water, let’s get the lead out of the way in the cyber domain. His testimony is will cost anywhere from $700 million to the Senate has functioned and move to backed up by several intrusions into $1.5 billion—approximately 500 miles of make a down payment on this. the industrial control systems of crit- old iron pipe and thousands of lead Mr. President, I really want us to un- ical infrastructure, which are the com- service lines. derstand we have to solve this problem. puters that control operations of indus- It is an untold, big cost, but I am I will conclude with this. I just want trial processes, including energy going to speak about the children. I am to say something to the mothers of plants. Just a couple of weeks ago, going to speak about the people. My America: We need you right now. The Marty Edwards, who runs the Depart- gosh, what are you going through? I mothers of Flint need you. The moth- ment of Homeland Security’s Indus- don’t know how you can run a family. ers of Flint need you. The fathers of trial Control Systems Cyber Emer- Well, you can’t run a family on bottled Flint need you. The mothers and fa- gency Response Team, warned that he water. You can’t run a business on bot- thers of Flint need you. If you are a had seen an increase in attacks over tled water. You can’t run a city on bot- mother or father anywhere, you could the past year, saying systems are vul- tled water. I don’t know how you wash. be a mother or father in Flint. Let’s or- nerable because they are exposed to the I don’t know how you take care of your ganize ourselves in the most effective Internet.

VerDate Sep 11 2014 00:36 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.010 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 4, 2016 CONGRESSIONAL RECORD — SENATE S641 Admiral Rogers, the Director of the This happened in Ukraine in Decem- some time now. So I conclude my re- National Security Agency, with re- ber 2015. Ukrainians lost power in what marks by saying to my colleagues on sponsibility for cyber space, testified the U.S. Department of Homeland Se- both sides of the aisle: Let’s do what in a hearing this summer that our curity and Ukrainian authorities as- we need to do to protect and defend the country was at a ‘‘5 or 6’’ in prepared- sessed was a cyber attack. The attack United States of America and adopt ness for a cyber attack against our caused a blackout for tens of thousands this amendment now. Working to- critical infrastructure. of people, and industry experts identi- gether, we can make our Nation safer In November 2015, Richard Ledgett, fied this as the first-known power out- and stronger and show the American the Deputy Director of the NSA, was age caused by a cyber attack. This is people we can cooperate to get an im- asked if foreign actors already have the no longer a theoretical risk; it is here, portant job done. capability to shut down key U.S. infra- and it is real. Mr. President, I yield the floor. structure during a CNN interview, such Think of the chaos of no electricity. Mr. TESTER. Mr. President, I would as the financial sector, national gas We will all go through blackouts. like to speak about the Energy Policy distribution and energy sector, trans- Snowzilla roared through the east Modernization Act that we have been portation network, and air traffic con- coast last week leaving hundreds of considering on the Senate floor. trol system. His response was ‘‘Abso- thousands without power. No matter This bill has a lot of good things in lutely.’’ how delayed Pepco, BG&E, and Domin- it. It includes provisions to support a We don’t want a digital Pearl Harbor. ion were at responding, they got it wide array of energy technologies, We can act now. We can act when it is back on. from improving conventional energy within our power to protect, defend, But what happens if they can’t get it sources to promoting renewables to ad- and deter these attacks. That is what I back on? What happens if they can’t vancing long-overdue policies to in- want. I want us to have a sense of ur- get it back on for weeks or longer? Re- crease energy efficiency. It supports gency. If we wait for another major member, the attack is to humiliate, in- energy infrastructure, which is critical cyber attack, we risk overreacting, timidate, and cripple. Humiliate? Mak- for energy exporting States like Mon- overregulating, overspending, and over- ing us look powerless. Intimidate? To tana. It includes specific provisions legislating. The time to act is now. show there is this power that can crip- that I have worked on to promote geo- This amendment would take the ple our functioning as a society. I find thermal development, and I thank commonsense approach of requiring it chilling. Chairman MURKOWSKI and Ranking the Federal agencies responsible for I have been immersed in cyber issues Member CANTWELL for including them. the cyber security of the electric grid since I was elected to the Senate. Our In the course of this debate, we have to review those entities that matter cyber warriors at the National Secu- adopted amendments to boost research most and to propose actions that can rity Agency are in Maryland, and I and development overall and to clarify reduce the risk of a catastrophic at- have been working with the NSA to en- policies to recognize the value of en- tack that could cause thousands of sure signals intelligence was a national ergy development from forest biomass. deaths or a catastrophic blow to our security focus even before cyber was a I am also hopeful we will also be able economy and national defense. method of warfare. In my role on the to add provisions from the Public Congress has missed opportunities to Intelligence Committee, I served on Lands Renewable Energy Development improve our Nation’s cyber prepared- the Cyber Working Group, which devel- Act that I have championed for years. ness, and we need to take action before oped findings to guide Congress on get- Furthermore, this bill includes per- a ‘‘cyber 9/11’’ occurs. Right now, our ting cyber governance right, protecting manent reauthorization of the land and adversaries are watching us, and it civil liberties, and improving the cyber water conservation fund with my mak- looks like we are doing nothing—that workforce. ing public lands public provision to in- when all is said and done, more gets As vice chairwoman of the Appro- crease access to our public lands for said than gets done. priations Committee, I have insisted on hunters, fishers, and others who want Our adversaries don’t have to spy on a robust cyber budget and fought to in- to enjoy them. Although it does not us. They can just look at the Senate crease our cyber security investments provide the money to fully fund the floor and say, ‘‘What the heck are they in the fiscal year 2016 Omnibus to keep LWCF, a permanent authorization doing?’’ You know what they are going us safe, putting funds in the Federal would help us avoid letting the fund to do? They are going to look at us and checkbook for critical cyber security lapse, as it did last fall for over 2 say, ‘‘There they go again.’’ Our own agencies on the order of $12 billion. months. It also invests in our national inability to pass legislation, our own These include the Federal Bureau of In- parks as we celebrate the centennial partisan gridlock and deadlock vestigation, which investigates cyber year of the Park Service. Though I emboldens our predatory enemies who crime; the Department of Homeland may not agree with everything in the know we have done nothing to Security, which safeguards critical in- bill, these provisions I have highlighted strengthen vulnerable critical infra- frastructure in cyber space; the De- are tremendously important to Mon- structure by putting in place those partment of Defense, or DoD, which de- tana. hardened, resilient systems and poli- fends our homeland, national interests, But we are also in the midst of a de- cies to protect, defend, and deter. and DoD networks against cyber at- veloping environmental catastrophe. A cyber attack has the same intent tacks and includes intelligence and The people of Flint, MI, including as as a traditional terrorist attack—to cyber agencies, like the National Secu- many as 9,000 children, have been ex- create chaos, to create civil insta- rity Agency, U.S. Cyber Command, the posed to lead-contaminated water for a bility, and to create economic catas- Central Intelligence Agency, and Intel- prolonged period due to decisions made trophe. Just think about a cyber at- ligence Advanced Research Projects by the State of Michigan in the inter- tack in which our grid goes down. Activity, which are coming up with the est of saving money. A generation of Think of a blackout in New York. new ideas to keep our country safe; the kids in this community could see life- Think of a blackout in Baltimore. National Institute of Standards and long effects from a completely avoid- When the Senate, at my urging, did the Technology, which works with the pri- able and manmade disaster. As we cyber exercise on what an attack would vate sector to develop standards for know all too well in Montana, clean look like on our critical infrastructure, cyber security technology; and the Na- water is far more valuable than money. it showed what would happen. The tional Science Foundation, which re- It is completely unacceptable that this stoplights go down, the lights go out in searches ways to secure our Nation. has happened. the hospitals, and the respirators go These funds are critical to building the In Montana, there are places where off. Business shuts down. Commerce workforce and providing the tech- we are still living with the legacy of shuts down, and 9-1-1 shuts down. nology and resources to make our environmental pollution. In Butte, An- America would be shut down, and we cyber security smarter, safer, and more aconda, Libby, and elsewhere, long- would be powerless and impotent to secure. term cleanups continue from mining put it back on in any quick and expedi- Good people in this body have been development, industrial activities, and tious manner. working on both sides of the aisle for the tragedy of widespread asbestos use.

VerDate Sep 11 2014 00:36 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.007 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S642 CONGRESSIONAL RECORD — SENATE February 4, 2016 The human health costs of these disas- The senior Senator from West Vir- ergy policies in line with today’s de- ters have been tremendous. We must ginia said he was able to include ‘‘crit- mands so we can prepare for tomor- not stand by and watch another com- ical measures’’ in the bill to help coal row’s opportunities too. munity and more kids be affected by jobs and low-cost electricity in his The PRESIDING OFFICER. The Sen- manmade disasters without stepping in State. ‘‘It is critical for America to es- ator from Michigan. to help. If we have a chance to stop tablish an all-of-the-above energy port- Ms. STABENOW. Mr. President, I this particular catastrophe before it folio that includes all of our domestic also want to, as I did before, commend gets any worse, we ought to. We have resources,’’ he said, and, ‘‘I truly be- those working on this bill, and I share to. lieve that this bipartisan bill will bring the majority leader’s feeling that a lot And that is why I am disappointed us one step closer to achieving U.S. en- of positive progress has been made. We that we are not currently able to pro- ergy independence.’’ That is the senior are just not done yet. So while I com- vide meaningful and immediate assist- Senator from West Virginia, a Demo- mend, and have commended, the chair ance to help fix the pipes and address crat. and the ranking member, we have im- broader impacts. I hope we can figure The top Democrat on the Energy portant issues and an energy bill that out how to pass this bill. Let’s stay on Committee said: deals with energy, water, and all kinds this bill, let’s find a way to do right by If we want to continue to compete in th[e] of issues. Certainly addressing what is folks in Flint, and let’s pass this bill. global economy, we must continue to im- happening in Flint, MI, with the catas- AMENDMENT NO. 3140, AS MODIFIED prove energy productivity and that is ex- trophe is appropriate. We just want to Mr. President, I want to speak briefly actly what this bill does. The Energy Policy know that we have an agreement—not about a bipartisan amendment offered Modernization Act will help ensure that the vote, but an agreement—to get this by Senator COLLINS that was adopted nation is eliminating energy wastage and done. this week. I support this amendment to making improvements in new technologies The PRESIDING OFFICER. The Sen- that will improve our competitiveness for ator’s time has expired. help bolster forest biomass in our re- the 21st century. newable energy portfolio and provide The Senator from Alaska. That was the ranking Democrat on consistency across Federal programs. Ms. MURKOWSKI. Mr. President, I the Energy Committee. She worked Our Nation has long depended on the appreciate the comments from my col- hard with Senator MURKOWSKI on the flow of wood and fiber from our forests. leagues raising attention to the issue Energy Committee to develop this bill, Now, we are recognizing the role of for- in Flint, MI. I think we have had good, est biomass in lowering our carbon and they have worked together to man- constructive discussions, not only very emissions and increasing our energy age it here on the floor as well. Under intensely yesterday, but working with independence. When harvested their leadership, more than 30 amend- the two Senators from Michigan on sustainably, the carbon benefits of for- ments from both Democrats and Re- this issue for several months right est biomass can be great. Carbon emit- publicans have already been adopted. now. As the Senator said, the discus- For example, one of our Democratic ted to the atmosphere from forest bio- sions are still ongoing, and I want to friends offered an amendment that he mass is eventually removed again with speak to where we are in that process. forest growth, and this cycle can hap- said would ‘‘strengthen this bipartisan I would like to start my comments pen again and again. energy bill and help us move towards a this morning by recognizing that we Forest biomass is also good for jobs, 21st century economy.’’ The Senate are very close to the time that has particularly in rural communities. adopted it. been set for this first cloture vote on Recognizing the carbon benefits of for- Another of our Democratic friends this broad bipartisan bill. est biomass can increase its value. This said his amendment would ‘‘empower As we approach it, I want to follow will help keep our Nation’s forests us with knowledge’’ and help us ‘‘make on the majority leader’s comments in healthy by making it economically fea- informed decisions to protect con- terms of reminding Members of what sible to conduct forest health treat- sumers, key sectors of our economy we have incorporated within this meas- ments and reduce hazardous fuels that and our energy security.’’ The Senate ure, to reiterate the strong bipartisan threaten our communities. It will also adopted that amendment too. support that our bill has drawn, and to help the timber industry by allowing There is a lot for both parties to like lay out what I believe is our best path them to use more wood that would oth- in this bill. The Energy Policy Mod- to final passage. This Energy Policy Modernization erwise be wasted. ernization Act is the result of a year’s The PRESIDING OFFICER. The ma- worth of constructive and collaborative Act, as I have mentioned, is more than jority leader. work. So let’s not risk that progress. a year’s worth of hard work by those of Mr. MCCONNELL. Mr. President, the Let’s keep working together and vote us who serve on the Energy and Nat- Energy Committee has worked really today to advance this measure. If we ural Resources Committee, it has been hard over the past year to develop the want to help Americans produce more the result of Member-to-Member con- broad bipartisan energy legislation energy, let’s vote to advance the meas- versations, listening sessions, legisla- that is before us. Members in both par- ure. If we want to help Americans pay tive hearings, bipartisan negotiations, ties focused on areas of common less for energy, let’s vote to advance it. and then we had a marathon 3-day ground, worked across the aisle, and If we want to help Americans save en- markup in July. At the end of that developed legislation that ultimately ergy, let’s vote to advance it. And if we markup, we moved it out by a vote of earned the support of more than 80 per- want to help bolster our country’s 18-to-4. It was pretty strong support— cent of their colleagues, Republicans long-term national security, one more 10 Republicans and 8 Democrats in and Democrats alike. time, let’s vote to advance it. favor. Here is what some of our Democratic I would note one more thing the top The reason the bill passed out of the friends have had to say about the broad Democrat on the Energy Committee re- committee on such a strong bipartisan bipartisan Energy Policy Moderniza- cently said: ‘‘Sometimes we can be basis was not just because of our com- tion Act. cynical about this place and what we mitment to good process. We matched The junior Senator from New Mexico can get done; then, all of a sudden, we that with an equal commitment to said this bill ‘‘is critical to protecting’’ have a great opportunity to move good policy. I think that is important his State’s ‘‘treasured public lands and something forward.’’ to recognize. It was processed, but it outdoor heritage.’’ She continued: was also policy. The junior Senator from Minnesota This is a milestone for the Senate. The fact We worked together to include the pointed out that ‘‘several key meas- that we are considering energy policy legis- priorities from Members of both sides ures’’ he wrote are in this bill and that lation on the Senate floor in a bipartisan of the aisle as well as from within the this bill represents ‘‘a good step’’ for- bill, or any bill, for the first time since 2007 committee and outside of the com- ward. is a tremendous milestone. mittee. We agreed to include a bill to The junior Senator from Hawaii That is the ranking Democrat on the streamline LNG exports that was writ- noted that her proposals in the bill Energy Committee. ten by Senator BARRASSO and 17 other ‘‘will bolster energy reliability and se- So let’s bring this bill to the finish bipartisan Members. We agreed to in- curity’’ in her State. line. Let’s vote to bring America’s en- clude a major efficiency bill headed up

VerDate Sep 11 2014 00:36 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.061 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 4, 2016 CONGRESSIONAL RECORD — SENATE S643 by Senators PORTMAN and SHAHEEN and held back on, whether you call them ten good, strong support from Alaskans 13 other bipartisan Members. We gotchas or gimmes or poison pills, but from our Department of Natural Re- agreed to improve our mineral secu- there has been a great deal of coopera- sources, the Alaska Power Association, rity, an effort that I have led with Sen- tion. We voted on 38 amendments now. the Bristol Bay Native Corporation, ators RISCH, HELLER and CRAPO. We We have accepted 32 of the 38. We have Cordova Electric Cooperative, and a agreed to promote the use of hydro- added even more good ideas from even whole lot more. As you might expect, power, a clean renewable resource that more Members to an already bipartisan we have also received great encourage- is favored by almost everybody in this bill. ment from the people who keep the Chamber. We agreed to expedite the I will recount a few of the things we lights on, who keep our fuel affordable, permitting of natural gas pipelines have done with that. We agreed to who help produce the materials that without sacrificing any environmental boost our Nation’s efforts to develop make modern life that much more en- review or public participation. This advanced nuclear technologies. This joyable—whether it is the National was an effort that was led by Senator was a great amendment led by Sen- Mining Association, American Explo- CAPITO. ators CRAPO, WHITEHOUSE, RISCH, BOOK- ration & Mining, the Business Council We agreed to a new oil and gas per- ER, HATCH, KIRK, and DURBIN. We for Sustainable Energy, American Pub- mitting pilot program, one of several voiced our strong support for carbon lic Power Association, Edison Electric, ideas that Senator HOEVEN contrib- capture and utilization storage tech- and others. uted. We took up a proposal from Sen- nologies thanks to an idea from Sen- The reality is, those who have ator COLLINS to boost the efficiency of ators HEITKAMP, CAPITO, BOOKER, weighed in, in support of this measure schools. We agreed to approve our Na- WHITEHOUSE, MANCHIN, BLUNT, and are too many to name this morning, tion’s cyber security based on legisla- FRANKEN. We have reaffirmed the need but that is a good problem to have tion from Senator RISCH and Senator for consistent Federal policies that when you are legislating that you have HEINRICH. We also made innovation a recognize the carbon neutrality of for- run out of time in outlining the coali- key priority to promote the develop- est biomass. This was an effort that tions that have come together in sup- ment of new technologies. As part of was championed by Senators COLLINS, port. that, we agreed to reauthorize many of KLOBUCHAR, AYOTTE, KING, FRANKEN, So that I do not get into any trouble the energy-related portions of the DAINES, CRAPO, and RISCH. this morning, I want to be clear that America COMPETES Act, thanks to You do not often see these large many of the groups and the entities I the leadership of Senator ALEXANDER. groups of Senators coming together in have listed have endorsed parts of the We agreed to take commonsense steps a way that we have seen on this bill. bill, not all of it. I am not suggesting to promote geothermal energy, which Some would look at the names I read that everyone who likes our work to is a key issue to Senator WYDEN, cer- off and say: I did not know that they streamline LNG Exports is automati- tainly myself, and so many others. We had anything to work on. But these agreed to promote vehicle innovation cally supportive of what we are doing issues have brought them together. based on a bipartisan measure from to clean up the U.S. Code. That is en- This truly has been a team effort, with tirely fair. Not everything in this is Senator ALEXANDER and our friends Members reaching out to one another, going to appeal to everyone. from Michigan, Senator PETERS, Sen- lining up behind each other’s ideas, In a lot of ways, that is how things ator STABENOW. We agreed to reauthor- working with Senator CANTWELL and work in a place like the Senate. Not ize the coal R&D program at the De- me to ensure their adoption. everyone likes every provision of this partment of Energy based on yet an- The best proof of that is simple re- other bipartisan proposal from Sen- bill. I do not like every provision of view of our bill. Right now the Energy this bill. Not everyone is getting every- ators MANCHIN, CAPITO, and PORTMAN. Policy Modernization Act includes pri- In the context of our broader bill— thing they want. It is pretty tough to orities sponsored or cosponsored by at and only in the context of the broader find a situation where you get 100 per- bill—we also agreed to reauthorize and least 62 Members of the Senate. When cent of everything you would want. reform the Land and Water Conserva- was the last time we saw that level of This is not the bill I would have writ- tion Fund. What we came away with cooperation and collaboration? Think ten on my own, but it is the bill we was a good, timely bipartisan measure about it. More than three-fifths of the have written together first as a com- that has a very real chance of being the Senate has contributed something to mittee of 22 and now as a Senate work- first Energy bill to be signed into law this Energy bill, and we are not done ing together. in over 8 years. It is a measure that processing amendments yet. My staff Our work has produced a good bill, a will help America produce more en- and the staff of Senator CANTWELL good bill worth debating, worth ad- ergy. It will help Americans save have been comparing notes about the vancing, and worth passing. That money, and it will help ensure that the feedback we have been getting outside brings us to the point where we are energy can be transported from where the Chamber. What we found is that with the cloture vote we will soon it is produced to where it is needed. It from the very time we started working take. This vote is on the first of two will bolster our Nation’s status as the through the committee process to our cloture motions we will need to ap- best innovator in the world, something time on the Senate floor, a very wide prove before we can move to final pas- we should all aim to support. It will range of individuals, businesses, groups sage. boost our economy, especially our have come out and supported the bill There are two votes. There is one on manufacturers, and it will cement our or certainly pieces of it. We have had the substitute amendment, and there is status as a global energy superpower. provisions endorsed by major associa- one on the underlying bill. This means As I said, it does all of this without tions whose membership account for this vote we will see very shortly is a raising taxes, without imposing any hundreds of companies and millions of means to advance debate, not to con- new mandates, and without adding to American workers. This includes the clude it, on our Energy Policy Mod- the Federal deficit. I think because of U.S. Chamber of Commerce, American ernization Energy Act. It is also a all of that, that is why you have seen Chemistry Council, National Electrical choice. I think it is important to lay the good, strong support for this meas- Manufacturers Association, the Alli- out clearly to Members where we are, ure. That was our base bill. That was ance of Automobile. We have also what we are voting on this morning. where we started. When we came to the heard from labor groups—North Amer- By voting for cloture, Members will floor, it got better. Our starting point ica’s Building Trades Union, the United be ensuring that we remain on this bill at the Senate floor was good and Autoworkers, the United Brotherhood for at least another 30 hours of legisla- strong. Since we have taken up the de- of Carpenters. They have all weighed in tive activity. You will be voting to bate for a week now, we have continued with support for ideas that are in- continue this process, to continue this to work in a very open, very bipar- cluded within the bill. debate, and to continue processing tisan, sometimes a little bit lengthy We have a huge coalition from the amendments whether by voice, as we and tedious process, but it works. Alliance to Save Energy to Seattle have done so many of them, or by roll- We committed to an open amend- City Light that has welcomed the work call vote that we hope to set up. You ment process and most Members have we are doing on efficiency. I have got- will also be giving us the time we need

VerDate Sep 11 2014 00:36 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.012 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S644 CONGRESSIONAL RECORD — SENATE February 4, 2016 to focus on matters that are simply not question. Well, it is because this is the immediately available for the people of settled yet. first piece of legislation that is on the Flint. What we are seeking to do here As we have heard from our colleagues floor since the extent of the crisis in is bridge the gap between what has from Michigan, there are some matters Flint became clear to us. been proposed and what I believe the they wish to have resolved that are not Senator STABENOW and I began dis- Senate can agree to. It requires that 90 yet settled, but this allows us that cussions about the situation in Flint in percent of the money we provide be time to do that but to do this in a way very early December as we were trying paid back over time. Its cost is fully that is going to be acceptable to the to move through an omnibus bill to see offset with a pay-for that we have been majority of our Members. The reality if there was not something we might be working on back and forth with CBO is, if you are not comfortable with able to address through the appropria- and are confident that they will accept. where we are 30 hours from now, you tions bill. Since that time, again, more It includes provisions—and we have can still vote against the next cloture has been learned, and we are here been working with the Senators from motion that comes up. That is one today with legislation that gives us an Michigan on this issue—as they relate choice, and that is going to be my opportunity to consider it. to EPA notification and a loan forgive- choice. Here is the other: If you vote I did not shy away from this discus- ness, language that I think has been in against cloture, you will be effectively sion, as hard it was. I did not say: Hey, different iterations of measures that voting not to prolong debate but to that is going to be a poison pill. I can- have been going forward. I am told that move us off this bipartisan bill. You not deal with it. I said: Let us try to the House is looking at that as well. will be voting to effectively be giving figure this out because if we do not ad- That is where we are at this time as up on so much of what we have done, a dress the situation, it is not going to we are going into a cloture motion. I year of process, agreement on almost go away. We have a role here. Let us believe we have made progress. We are 50 Energy bills that we have incor- figure out what that responsibility is, working constructively to help the peo- porated into this base bill, and the and let us engage in this conversation. ple of Flint, and what this second-de- strong approval of 32 separate amend- Senator CANTWELL and I have been gree amendment would do is make $550 ments and counting that we have ad- fully engaged, most directly with the million available to them. It has been vanced through the floor. Senators in Michigan, trying to find a challenging. We have done a lot of hard I believe you will be voting to give up responsible path forward. The negotia- work to get to this point, but I think our best opportunity—certainly our tions have been earnest, in good faith, we owe it to every American, whether most immediate opportunity—to ad- and ongoing, but I think that there has you are in Flint or somewhere else, to dress the issue to help the people of been a little bit of confusion about the do that work and overcome that chal- Flint, MI, and in other parts of the status of the negotiations. I want to lenge. country that may have similar issues. outline where I believe we are right We have gotten to where we are in Every time I leave the Senate floor—at now. the discussion. Again, we have the clo- least this past week—I am swarmed by We have made headway on Federal ture motion going forward. We have reporters who want to know what is assistance—something that we know been trying to make good progress. We going on, what is the latest discussion. cannot be borne by our Energy bill have been trying to conduct an open What is going to happen with Flint? Is alone. We have found programs that and fair amendment process. We want Flint going to bring this bill down? could be good fits to provide aid. to process more amendments this This morning I want to speak di- We also recognize that this is not morning so that we can move to com- rectly to this to let Members know Flint’s burden alone, but there are plete the bill. what has gone on because we were not other communities in other States, in- Mr. President, at this time I ask out here on the floor all day yesterday cluding my State, that face similar cri- unanimous consent that it be in order hashing things back and forth. We have ses as a result of government failures. to call up the following amendments been discussing very earnestly, and I We hear about them as Members and and make them pending, and that is believe very constructively, what our talk about these situations. I believe Stabenow amendment No. 3129; Mur- options are, how we can find a path for- the Senator from Maryland used the kowski second-degree on Flint, amend- ward that will yield a result, not just phrase ‘‘We are all Flint.’’ I think we ment No. 3282; Cantwell amendment send a message but yield a result to all have situations—maybe not to the No. 3242; Flake amendment No. 3055; help the people in Flint, MI. crisis proportion that they have in Flake amendment No. 3050; Mur- The first thing I will say is that I Michigan right now, where they needed kowski-Cantwell amendment No. 3234; share the concern, the heartbreak for a Presidential declaration, but we all Isakson amendment No. 3202; Markey what the people of Flint, MI, have recognize that we all have issues that amendment No. 3232; and Cassidy faced and are facing. It is a crisis. It is are troubling us a great deal when it amendment No. 3192. a tragedy. It is heartbreakingly avoid- comes to how we provide safe drinking The PRESIDING OFFICER. Is there able. Unfortunately, we look at how we water for our families. objection? got here, and it is a failure of local, Our problem is not about whether we The Senator from Michigan. Ms. STABENOW. Mr. President, re- State, and Federal Governments to should offset the cost of this assist- serving the right to object. I first want regulate and monitor that city’s water ance; it is how we do so in a manner to thank the chair. She lists a lot of bi- supply. that does not destroy the underlying What has happened in Flint has hurt Energy bill and does not violate the partisan efforts that have gone on. I people. It is hurting children. It has Constitution or the rules we have here know a lot of work has been done, but damaged property. It has left families in the Senate. I made myself very clear nowhere in that list have the needs of in a horrible predicament, through no when we began, at the outset of the de- the folks of Flint been addressed, in- fault of their own, where they cannot bate on this measure, that we have to cluding the children. The PRESIDING OFFICER. The Sen- drink their tapwater, they cannot make sure we do not have scoring ator will state her objection. bathe their children. There is plenty of issues with CBO, and we have to make Ms. STABENOW. Mr. President, we blame to go around here. I know my sure there are no blue slip issues be- want to get this solved and not just colleagues from Michigan would agree cause that would kill the bill, and then have votes that go down. with me, but our job in the U.S. Senate where would we be? Then nobody would I object. is not to play this blame game. It is to win in that scenario. In that scenario The PRESIDING OFFICER. Objec- own up to what that Federal role is be- we would end up with no energy bill tion is heard. cause I believe there is that Federal and nothing to address the situation in Mr. CORNYN. Mr. President, I ask role, and then on that basis do what we Flint. through the Chair if the chairman of can to help and make sure that our re- This morning I filed a second-degree the Energy Committee will yield for a sponse is proportionate to that role. So amendment to provide support for the question. why then consider all of this in the people of Flint. My amendment will Ms. MURKOWSKI. Certainly. context of an energy bill, you might make up to $550 million available, in- The PRESIDING OFFICER. The Sen- ask, and it is a fair and legitimate cluding $50 million which will be made ator from Texas.

VerDate Sep 11 2014 00:36 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.014 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 4, 2016 CONGRESSIONAL RECORD — SENATE S645 Mr. CORNYN. Mr. President, the a plan was actually put together by the and this is where the opportunity to chairman of the Energy Committee has State of Michigan or the city of Flint— access loans through the WIFIA Pro- done tremendous work with the rank- either to analyze the problem or what gram that will be available not only to ing member, Senator CANTWELL, to try the solution might look like and how the State of Michigan but to other to find some way to address the legiti- much it might cost—and that the Sen- States should they be in a similar situ- mate concerns we all share and have ator from Alaska, in her capacity as ation—so that avoids the earmark. Be- with what has happened in Flint, but I the bill manager, has made an effort to cause I, too, want to make sure we want to clarify some basic facts. I wish come up with some compromises? In have a situation where we do not allow to ask for a comment or answer from fact, I believe the Senator from Alaska this to continue in Michigan, but we the distinguished Senator from Alaska. mentioned a compromise that would also do not want to see it in other Isn’t it true that there is not yet a include upfront funds of $50 million States as well. So we do that through comprehensive assessment and plan in plus a loan, in effect, that would be opportunities for loans through WIFIA. place by the State of Michigan or Flint paid back over time. But the direct assistance, which would as to how they might even spend this I ask the Senator, doesn’t it make be $50 million in addition to whatever money at this point to address their sense—because there is no plan in place may be out there already from the EPA concerns about lead in the water sup- and because there is money already and through the State, I think is a rea- ply in Flint? available for Flint and Michigan to sonable approach. Again, it is one that Ms. MURKOWSKI. It is my under- begin to address this problem—for us is legitimately paid for, and I think standing that there is an assessment to take our time and handle any addi- that is an important part of our re- and analysis that is due out, I believe, tional requests for funding from Flint sponsibility here, as well as to make toward the end of next week. The State or Michigan through the regular appro- sure we not only address the urgency of has been working aggressively to deter- priations process? I believe the Senator the situation but also the responsi- mine the costs, as well as how they is the chair of the subcommittee that bility we have not only to the people of would move forward with an action has jurisdiction over these issues, and I Flint but to all of our constituencies. plan. That is my understanding. am just wondering whether that Mr. President, if I could just con- Mr. CORNYN. Mr. President, if the wouldn’t be a more orderly, responsible clude, and then I will yield. Senator will yield for another question. process than a $600 million earmark be- The PRESIDING OFFICER. All time The PRESIDING OFFICER. The Sen- fore a plan is even in place. for debate has expired. ator from Texas. Ms. MURKOWSKI. Well, to answer Ms. STABENOW. Will the distin- Mr. CORNYN. Since there is no plan the Senator’s question, I have been guished leader yield for a question? I announced yet, or in place, it strikes working aggressively and construc- have been asking for the opportunity me as putting the cart before the horse tively with the Senators from Michi- to ask a question, and I ask unanimous to say that the Senate ought to vote on gan to try to figure out how we can consent to ask a question. The PRESIDING OFFICER. Is there a $600 million emergency appropria- provide for a level of response. I do not objection? tions deal to pay for a plan that has doubt the anxiety and urgency the peo- Without objection, it is so ordered. not yet been created or disclosed to the ple in Flint must feel. This is a dif- Ms. STABENOW. Is the chair aware American people. ficult situation to be in, and it is not a that the dollars we have asked for re- I ask the Senator through the Chair, situation that any of us would want quire a comprehensive plan from the isn’t it a fact that the State itself has any of our constituents to be in. I State and that at this point only $28 already appropriated $40 million to think there is an imperative from million—most going to health—has deal with this issue on an emergency those who are seeking this assistance been allocated to the State? basis and the Obama administration that—given that there is a Federal Ms. MURKOWSKI. Through the has made available another $80 million role, how can we help to facilitate the Chair, I am aware that what you have through the EPA that is available to appropriate response on the Federal required, as well as what we have been the State of Michigan to help Flint side? If there is a way to help expedite working on jointly, does require an ac- deal with this problem, so a total of funding to move toward a solution, I tion plan that describes the spend- roughly $120 million has already been think that is appropriate. down and how that would be allocated. made available? I think the Senator’s question is, Are It is my understanding that it will be Ms. MURKOWSKI. I cannot speak to we jumping ahead here if we do not very helpful to have that analysis from the accuracy of exactly how much has know how much? I think it is fair to the State. That will be forthcoming— been made available to the State. It is say that the original estimates were hopefully, next week. my understanding that the State has based on the disaster declaration the Ms. STABENOW. I will be happy to received, through the EPA, the State’s State had requested. I think it is going continue the discussion. annual receipts from the EPA’s clean to be critical that we understand what I thank the Chair. water fund. I do not know if that is spe- the costs will be, and hopefully we will CLOTURE MOTION cific to Flint or whether that is the learn about that next week. I know The PRESIDING OFFICER. Pursuant State’s share, as the State of Texas re- they have been working aggressively to to rule XXII, the Chair lays before the ceives and the State of Alaska re- determine that. Senate the pending cloture motion, ceives. It is my understanding that the We also need to know what the spend which the clerk will state. President did make that announce- plan is because we saw what happened The legislative clerk read as follows: ment. with the stimulus. You can almost get CLOTURE MOTION Ms. STABENOW. Mr. President, too much money—if that is possible— We, the undersigned Senators, in accord- might I ask the Senator to yield for a going in, and you cannot spend it in ance with the provisions of rule XXII of the question so we can share the informa- the way it is best needed. I think we Standing Rules of the Senate, do hereby tion? want to be thoughtful and responsible move to bring to a close debate on amend- Mr. CORNYN. Mr. President, the stewards of the taxpayers’ dollars in ment No. 2953, the substitute amendment to Senator is out of order. recognizing that, and I think we want S. 2012, an original bill to provide for the The PRESIDING OFFICER. The Sen- to also recognize that the role we have modernization of the energy policy of the ator from Alaska has the floor. United States, and for other purposes. ought to be a proportionate role, and Mitch McConnell, Lisa Murkowski, Cory Mr. CORNYN. Mr. President, I ask how we can be working to advance that Gardner, Mike Crapo, John Cornyn, the Senator from Alaska if she would is something we have been attempting John Barrasso, Steve Daines, Richard yield for one last question on topic. to do. Burr, Bill Cassidy, Pat Roberts, John The PRESIDING OFFICER. Will the Ms. STABENOW. Will the chair yield Hoeven, Shelley Moore Capito, John Senator yield for a question? for a question? Thune, James E. Risch, Lamar Alex- Ms. MURKOWSKI. Yes. Ms. MURKOWSKI. In a moment. ander, John McCain, Rob Portman. Mr. CORNYN. Isn’t it true that the The solution I have put down this The PRESIDING OFFICER. By unan- Senators from Michigan made this de- morning is one that I think recognizes imous consent, the mandatory quorum mand for a $600 million earmark before that there is assistance that is needed, call has been waived.

VerDate Sep 11 2014 00:36 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.020 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S646 CONGRESSIONAL RECORD — SENATE February 4, 2016 The question is, Is it the sense of the Standing Rules of the Senate, do hereby Mr. MCCONNELL. Madam President, Senate that debate on amendment No. move to bring to a close debate on Calendar I wish to say to my colleagues that 2953, as amended, offered by the Sen- No. 218, S. 2012, an original bill to provide for Senator MURKOWSKI and Senator CANT- the modernization of the energy policy of the ator from Alaska, Ms. MURKOWSKI, to WELL are going to continue to work United States, and for other purposes. S. 2012, shall be brought to a close? Mitch McConnell, Lisa Murkowski, Cory over the weekend on the path forward. The yeas and nays are mandatory Gardner, Mike Crapo, John Cornyn, Hopefully, we will be able to salvage under the rule. John Barrasso, Steve Daines, Richard this important bipartisan legislation in The clerk will call the roll. Burr, Bill Cassidy, Pat Roberts, John the next few days. The legislative clerk called the roll. Hoeven, Shelley Moore Capito, John In the meantime, the next vote will Mr. WHITEHOUSE (when his name Thune, James E. Risch, Lamar Alex- be at 5:30 p.m. on Monday. ander, John McCain, Rob Portman. was called). Present. f Mr. CORNYN. The following Senators The PRESIDING OFFICER. By unan- are necessarily absent: the Senator imous consent, the mandatory quorum MORNING BUSINESS from Texas (Mr. CRUZ) and the Senator call has been waived. Mr. MCCONNELL. Madam President, from Florida (Mr. RUBIO). The question is, Is it the sense of the I ask unanimous consent that the Sen- Mr. DURBIN. I announce that the Senate that debate on S. 2012, an origi- ate be in a period of morning business, Senator from Vermont (Mr. SANDERS) nal bill to provide for the moderniza- with Senators permitted to speak is necessarily absent. tion of the energy policy of the United therein for up to 10 minutes each. The PRESIDING OFFICER (Mrs. States, and for other purposes, shall be The PRESIDING OFFICER. Without FISCHER). Are there any other Senators brought to a close? objection, it is so ordered. in the Chamber desiring to vote? The yeas and nays are mandatory The majority whip. The yeas and nays resulted—yeas 46, under the rule. f nays 50, as follows: The clerk will call the roll. [Rollcall Vote No. 16 Leg.] The bill clerk called the roll. FLINT, MICHIGAN, WATER CRISIS YEAS—46 Mr. CORNYN. The following Senators Mr. CORNYN. Madam President, I Alexander Gardner Murkowski are necessarily absent: the Senator know there are others waiting to Barrasso Graham Perdue from Texas (Mr. CRUZ) and the Senator speak, and I will be brief. I want to Blunt Grassley Portman from Florida (Mr. RUBIO). take a couple of minutes to reflect on Capito Hatch Risch Mr. DURBIN. I announce that the what just happened on the Senate Cassidy Heitkamp Roberts Senator from Vermont (Mr. SANDERS) floor. Coats Heller Rounds Cochran Hoeven Sessions is necessarily absent. We had a bipartisan bill that was Collins Inhofe Shaheen The PRESIDING OFFICER. Are there shepherded through the Energy Com- Corker Isakson Shelby any other Senators in the Chamber de- Cornyn Johnson mittee by the chair, Senator MUR- Sullivan Crapo Kaine siring to vote? KOWSKI, and the ranking member, Sen- Thune Daines King The yeas and nays resulted—yeas 43, Tillis ator CANTWELL. Because our colleagues Donnelly Kirk nays 54, as follows: from Michigan refused to take yes for Enzi Manchin Vitter Ernst McCain Wicker [Rollcall Vote No. 17 Leg.] an answer—objecting to a vote on their Fischer Moran YEAS—43 very amendment—the Democratic cau- NAYS—50 Alexander Gardner Moran cus has come together and brought Barrasso Graham Murkowski down this bipartisan bill—killing it, at Ayotte Flake Nelson Blunt Grassley Perdue Baldwin Franken least for the time being. Paul Capito Hatch Portman Bennet Gillibrand Peters Cassidy Heitkamp Roberts I share the majority leader’s hope Blumenthal Heinrich Reed Coats Heller Rounds that discussions can continue and cool- Booker Hirono Reid Cochran Hoeven Boozman Klobuchar Sessions er, more reasonable minds will prevail, Sasse Collins Inhofe Shaheen Boxer Lankford Corker Isakson rather than just the gamesmanship Schatz Shelby Brown Leahy Schumer Cornyn Johnson that, frankly, frustrates all of us and Burr Lee Sullivan Scott Daines Kaine gives Congress a bad name. We know Cantwell Markey Thune Stabenow Donnelly King Cardin McCaskill Tillis that the vote that just went down was Tester Enzi Kirk Carper McConnell Wicker not about the Energy bill. This was Toomey Ernst Manchin Casey Menendez Fischer McCain about trying to embarrass Republicans Coons Merkley Udall Cotton Mikulski Warner NAYS—54 and to try to make us look bad and Warren Durbin Murphy Ayotte Flake Paul portray us as having no compassion for Wyden Feinstein Murray Baldwin Franken Peters the poor people of Flint—which is ex- ANSWERED ‘‘PRESENT’’—1 Bennet Gillibrand Reed actly the opposite of true. Blumenthal Heinrich Reid The fact is that Senator MURKOWSKI, Whitehouse Booker Hirono Risch who is the bill manager and chairman NOT VOTING—3 Boozman Klobuchar Sasse Boxer Lankford Schatz of the Energy Committee, made an Cruz Rubio Sanders Brown Leahy Schumer offer for a vote on a $550 million pack- The PRESIDING OFFICER. On this Burr Lee Scott Cantwell Markey Stabenow age—a $550 million package. The Sen- vote, the yeas are 46, the nays are 50. Cardin McCaskill Tester ator from Michigan has asked for a One Senator responded ‘‘present.’’ Carper McConnell Toomey check for $600 million, but Senator Three-fifths of the Senators duly cho- Casey Menendez Udall MURKOWSKI, in good faith, trying to be Coons Merkley Vitter sen and sworn not having voted in the Cotton Mikulski Warner responsible, offered them an alter- affirmative, the motion is rejected. Crapo Murphy Warren native of a $550 million package, and The majority leader. Durbin Murray Whitehouse they refused it, instead choosing to Mr. MCCONNELL. Madam President, Feinstein Nelson Wyden bring down this legislation. I enter a motion to reconsider the vote. NOT VOTING—3 I think it is important to note that The PRESIDING OFFICER. The mo- Cruz Rubio Sanders the State of Michigan has already ap- tion is entered. The PRESIDING OFFICER. On this propriated somewhere close to $37 mil- CLOTURE MOTION vote, the yeas are 43, the nays are 54. lion, including funds specifically set The PRESIDING OFFICER. Pursuant Three-fifths of the Senators duly cho- aside for outside experts to conduct an to rule XXII, the Chair lays before the sen and sworn not having voted in the infrastructure integrity study. The Senate the pending cloture motion, affirmative, the motion is rejected. fact is, the State of Michigan and the which the clerk will state. The majority leader. city of Flint don’t yet know what they The legislative clerk read as follows: Mr. MCCONNELL. Madam President, need to do to fix the problem or how CLOTURE MOTION I enter a motion to reconsider the vote. much it will cost, and the Senators We, the undersigned Senators, in accord- The PRESIDING OFFICER. The mo- from Michigan come in here and say: ance with the provisions of rule XXII of the tion is entered. We don’t need a plan. We just need cash

VerDate Sep 11 2014 00:36 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.023 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 4, 2016 CONGRESSIONAL RECORD — SENATE S647 upfront of $600 million. We want this UNANIMOUS CONSENT REQUESTS— session to continue asking, and his col- added to the national debt—which is EXECUTIVE CALENDAR leagues are going to have to come and already $19 trillion. Ms. KLOBUCHAR. Madam President, object on his behalf. Madam President, I ask unanimous I think the Senator from Alaska, the this is the fourth time I have come to consent that the Senate proceed to ex- bill manager, made a very reasonable the floor urging Senator CRUZ to re- ecutive session to consider the fol- suggestion: Let the State and the city move his hold on these very important lowing nomination: the nomination of get started with the money that has nominees for two of our best allies, the countries of Sweden and Norway. Samuel Heins to be Ambassador to the been appropriated by the State, to- country of Norway, Calendar No. 263; gether with the tens of millions of dol- Norway has been without a con- firmed ambassador for 860 days. As we that the Senate proceed to vote with- lars the Obama administration is mak- out intervening action or debate on the ing available to the State of Michigan know, the first nominee withdrew, but many of these days have been filled up nomination; that if confirmed, the mo- that can then be available to the city tion to reconsider be considered made of Flint to get started, to do the infra- by the second nominee, who is not con- troversial—Sam Heins from the State and laid upon the table. structure integrity study, to come up The PRESIDING OFFICER. Is there with a plan. Then the Senators can of Minnesota—who made it through the committee without objection. In the objection? come back to Congress—hopefully dur- The Senator from Utah. ing the regular appropriations proc- case of Sweden, it has been 469 days Mr. LEE. Madam President, on behalf ess—and come up with a responsible, since the President nominated Azita of the junior Senator from Texas, I ob- shared plan for this local government, Raji to be ambassador. ject. for the State government, and for the There is no issue with these nomi- The PRESIDING OFFICER. Objec- Federal Government to help the poor nees. In fact, in the words of Senator tion is heard. people of Flint out of this terrible cri- COTTON from Arkansas, my Republican Ms. KLOBUCHAR. Madam President, sis. colleague, ‘‘I believe both [nominees] I now ask unanimous consent that the are qualified . . . and we have signifi- Instead, what we seem to have found Senate proceed to executive session to cant interests in Scandinavia. My hope consider the following nomination: the happening is, in the immortal words of is that both nominees receive a vote in Rahm Emanuel—now the mayor of Chi- nomination of Azita Raji to be Ambas- the Senate sooner than later.’’ We sador to the country of Sweden, Cal- cago, formerly chief of Staff of the know we have the support of Senator White House—never let a crisis go to endar No. 148; that the Senate proceed CORKER, the head of the Foreign Rela- to vote without intervening action or waste. That is what is happening here. tions Committee. We thank Senator It is not responsible. It is not reason- debate on the nomination; that if con- CARDIN for his support. We thank Ma- firmed, the motion to reconsider be able. And I think Senator MURKOWSKI’s jority Leader MCCONNELL. We thank considered made and laid upon the counteroffer to the demands of the Senator REID. Senators from Michigan demonstrates table. This vote is not a controversial vote. The PRESIDING OFFICER. Is there it is not even a good-faith effort to try Senator CRUZ is not here to object. We objection? to solve the problem. It is just trying understand Senator LEE is here on his The Senator from Utah. to put on a show vote and embarrass behalf. But I would like to know why Mr. LEE. Madam President, on behalf people. Senator CRUZ isn’t here to object. I of the junior Senator from Texas, I ob- We also need to understand that the think I know why he isn’t here to ob- ject. Environmental Protection Agency ject—because he is in the State of my The PRESIDING OFFICER. Objec- bears significant responsibility. The colleague Senator SHAHEEN. tion is heard. Obama administration’s Environ- We cannot hold up the business of the Ms. KLOBUCHAR. Madam President, mental Protection Agency failed the Senate like this. We have two nomi- I see the Senator from New Hampshire people of Flint when they didn’t act nees for two countries, the 11th and is here. She is a leader on the Foreign sooner. We heard that one Agency di- 12th biggest investors in the United Relations Committee. I know she has a rector has already resigned. States of America, Sweden and Nor- few things to say. But, again, we are way. The country of Norway is the pur- simply asking for a vote. Senator CRUZ But let me be clear. There is no dis- chaser of 52 Lockheed fighter planes, 22 can choose to be here or not. He can agreement that we all want to work to- just ordered at $200 million apiece, all choose to vote or not. He can choose to gether to help the people of Flint find made in Fort Worth, TX, the home vote no if he wants. We know these two a solution once we have more informa- State of Senator CRUZ. nominees would pass because they are tion about the needs of the city and the These are allies who are taking in not controversial. I am tired of hearing State of Michigan and they know ex- refugees by the thousands. These are from people in America and people who actly what kind of help they need and allies who are at our side in the fight represent and live in these countries: in what amount. What we disagree on against Russia to stand up against What is wrong with America? Why are is that this bipartisan Energy bill their aggression in Ukraine. They have you ‘‘dissing’’ us when we stand by should be held hostage until we know stood with us in the fight against Is- your side every day? This has to stop. the solution. Frankly, that is beyond lamic extremism. They have stood with The PRESIDING OFFICER. The Sen- frustrating. It is disappointing. It is us in the fight against ISIS. And what ator from New Hampshire. not serving our constituents and the do we say to them? You can have am- Mrs. SHAHEEN. Madam President, I American people the way we should, in bassadors from Russia or from China, am joining my colleague, Senator KLO- a responsible, commonsense, bipartisan you can have ambassadors from every BUCHAR, to talk not just about these way. This is all about gamesmanship. country but not from the United States two positions of Ambassadors to Swe- This is all about ‘‘gotcha.’’ In other of America. den and Norway but also about some of words, this is all about the things the I ask Senator CRUZ and I ask his col- the other 27 nominees who deal with American people have come to loathe leagues—or perhaps his staff to ask national security issues. and hate about the political process in him—why every other European nation As Senator KLOBUCHAR said yester- Washington, DC. of any major size has an ambassador day when we were on the floor, we said We can do better. We must do better. and why not these two Scandinavian we were going to come down here every And I share the majority leader’s wish countries. day. The Senate is not going to be in that negotiations continue and that So it is my hope—and the reasons for session every day, so we won’t be here cooler, more sensible minds come to- these holds are completely unrelated. every day, but we will be back as often gether on solutions that we can per- They are varied. They are many. They as possible to point out that we need to haps agree to. change every day. I am hopeful that we confirm these nominees. It is in the are able to negotiate something be- country’s national security interests. Madam President, I yield the floor. cause Senator SHAHEEN and I have The Presiding Officer serves with me The PRESIDING OFFICER. The Sen- pledged to come to the floor nearly on the Senate Armed Services Com- ator from Minnesota. every single day when the Senate is in mittee, so she understands just how

VerDate Sep 11 2014 00:36 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.031 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S648 CONGRESSIONAL RECORD — SENATE February 4, 2016 critical it is that we have a team in Committee without any opposition. He This is not a partisan issue. This is place that can be part of the team that would be responsible for working with an issue about what we are doing to en- protects this Nation. Europeans on the implementation of sure the national security of this coun- As Senator KLOBUCHAR said, Azita the Iran agreement, on coordinating try. It is unfortunate we have rules in Raji has been waiting over a year since the G7 to combat Russian aggression, the Senate that allow one person to she was nominated. She went through as well as providing daily oversight and hold things up for an indefinite period the Foreign Relations Committee direction to all the Department’s re- of time when the national security of unanimously. Nobody objected. Sam gional bureaus. He is a career Foreign the country is at stake. Heins was nominated almost a year Service officer who has served in five Madam President, I ask unanimous ago. He is nominated to be U.S. Ambas- administrations, two Democratic and consent that the Senate proceed to ex- sador to Norway. three Republican. ecutive session and the Banking Com- Again, this is not about just these At this time I ask unanimous con- mittee be discharged from further con- two individuals; this is also about the sent that the Senate proceed to execu- sideration of PN371, the nomination of message we are sending to two of our tive session to consider the following Adam Szubin to be Under Secretary for best partners and allies, Sweden and nomination: the nomination of Ambas- Terrorism and Financial Crimes; that Norway. Both of these countries have sador Tom Shannon to be Under Sec- the Senate proceed to its consideration been part of the anti-ISIL coalition retary of State for Political Affairs, and vote without intervening action or fighting with us against the terrorists. Calendar No. 375; that the Senate pro- debate; that if confirmed, the motion Sweden has been on the frontlines of ceed to vote without intervening ac- to reconsider be considered made and the refugee crisis, taking in thousands tion or debate on the nomination; that laid upon the table with no intervening of refugees in Europe. As we think if confirmed, the motion to reconsider action or debate; that no further mo- about the strains that the European be considered made and laid upon the tions be in order to the nomination; Union is under right now, for us to table. that any statements related to the The PRESIDING OFFICER. Is there have failed to put ambassadors in two nomination be printed in the RECORD; of our most important allies is objection? that the President be immediately no- The Senator from Utah. unforgiveable. tified of the Senate’s action and the Yesterday I said it was in 1914 that Mr. LEE. On behalf of the junior Sen- ator from Texas, I object. Senate then resume legislative session. Norway had to scramble their F–16 The PRESIDING OFFICER. Objec- The PRESIDING OFFICER. Is there fighters. We know they didn’t have F– tion is heard. objection? 16 fighters in 1914. It was 2014. So a lit- Mrs. SHAHEEN. Again, I am hopeful The Senator from Utah. tle over a year ago, Norway, which is a the junior Senator from Texas is going Mr. LEE. On behalf of the senior Sen- NATO ally, scrambled its F–16 fighters to do what he should have done all ator from Alabama, I object. 74 times to intercept Russian war- along, which is lift his hold and allow The PRESIDING OFFICER. Objec- planes. both the Ambassadors to Sweden and tion is heard. As we think about the threats from Norway and Ambassador Shannon to Mrs. SHAHEEN. Again, it is dis- Russian aggression, Sweden and Nor- move forward. appointing that the senior Senator way are right there. They are on the from Alabama isn’t here to talk about f frontlines. Norway has committed to his concerns about Adam Szubin and participate in NATO’s missile defense UNANIMOUS CONSENT REQUEST— why he is still on hold in the Banking system. So, again, it is very important PRESIDENTIAL NOMINATION Committee and that we haven’t heard as we are looking at our efforts to stop Mrs. SHAHEEN. Madam President, from the majority leader in the Senate Russian aggression. finally, I want to ask unanimous con- about the importance of moving not Yesterday in the Senate Foreign Re- sent to move Adam Szubin, who has only Adam Szubin’s nomination but lations Committee we were talking been nominated to be Under Secretary these other nominations that are crit- about the strains on Europe. We had for Terrorism and Financial Crimes. He ical as we make sure we do what we witnesses for both the majority and the has also been waiting almost a year. He need to, to protect this country. minority who confirmed that our fail- is somebody who Senator SHELBY, I am disappointed, but as Senator ure to move these nominees on the chairman of the Banking Committee, KLOBUCHAR said, we will be back. Senate floor is ‘‘an enormous issue,’’ a has said is eminently qualified, but the I yield the floor. ‘‘disastrous policy,’’ and sends the mes- Banking Committee still has not voted Madam President, I suggest the ab- sage that Washington does not ‘‘care to move his nomination to the Senate sence of a quorum. about European security’’—both mi- floor. The PRESIDING OFFICER. The nority and majority witnesses—even His position is very critical because clerk will call the roll. arguing that the United States does he would lead the policy, enforcement, The senior assistant legislative clerk not have ‘‘players on the field.’’ regulatory, and intelligence functions proceeded to call the roll. Not only are there national security of the Treasury Department. They are Mr. NELSON. Madam President, I implications, but, as the Senator from aimed at identifying and disrupting the ask unanimous consent that the order Minnesota pointed out, vacancies in lines of financial support to inter- for the quorum call be rescinded. Sweden and Norway mean that some national terrorist organizations to a The PRESIDING OFFICER (Mrs. $11.3 billion in U.S. exports lack a whole range of other bad actors. ERNST). Without objection, it is so or- strong champion in-country. Next week on the Senate floor we are dered. I hope the Senator from Texas—who supposed to take up sanctions on North f is out running for President—will come Korea. How can we in good faith tell back or will lift his hold so we can send the American people we are going to ANNUAL NATIONAL PRAYER the message that we should be sending enforce sanctions on North Korea when BREAKFAST to our European allies about how im- we haven’t been willing to fill the posi- Mr. NELSON. Madam President, I portant they are and how strongly we tion that is responsible for doing that want to chronicle for the Senate and to want to support what is happening in enforcement? It belies understanding make a part of the CONGRESSIONAL those countries. that we are not going to move forward. RECORD that nearly 5,000 people gath- Madam President, I ask unanimous Again, this is a position that I know ered this morning for the annual Na- consent to move two other national se- is supported by the Foreign Relations tional Prayer Breakfast with the Presi- curity nominees. Committee. The Republican chair of dent, members of the Cabinet, mem- The first is Ambassador Tom Shan- the Foreign Relations Committee has bers of the Joint Chiefs, most of the non. He has been nominated to be been very supportive of moving Adam Diplomatic Corps, and a lot of the Under Secretary of State for Political Szubin’s nomination, just as he has Members of Congress. Affairs. Again, he has been waiting 136 been supportive of moving the two Am- The national breakfast is sponsored days since being nominated. He also bassadors, of moving Ambassador by the Senate prayer group that meets went through the Foreign Relations Shannon. on Wednesday morning and the House

VerDate Sep 11 2014 00:36 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.033 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 4, 2016 CONGRESSIONAL RECORD — SENATE S649 prayer group that meets on Thursday Mr. NELSON. Madam President, I ENERGY POLICY MODERNIZATION morning. This year it was the House’s ask unanimous consent that the order BILL turn to be the cochairs. We do have co- for the quorum call be rescinded. Ms. MURKOWSKI. Madam President, chairs in the House and the Senate The PRESIDING OFFICER. Without I would note for Members that we have prayer group, one from each party. In objection, it is so ordered. just concluded the first cloture votes the case of the Senate prayer group, we f on the Energy Policy Modernization were ably represented, as they spoke TAKATA AIRBAGS Act. There has been some interesting from the podium, by Senator BOOZMAN discussion about where we are in the Mr. NELSON. Madam President, we of Arkansas and Senator KAINE of Vir- process and how we might find a path have had quite a running story about ginia. They will be the cochairmen of forward toward completion of this very the maker of inflatable airbags, which the breakfast next year. important bipartisan measure—a meas- are usually in the steering wheel of an It was the eighth time that President ure that has, I think, reflected good, automobile and also over on the pas- Obama has spoken. This Senator feels strong work throughout the committee senger side. These airbags have saved it was the best speech at the Prayer process and good, strong work through- countless lives. Yet what we have Breakfast I have heard President out the floor process, but we have yet found is that a manufacturer named Obama give. It was one of the best more work to do. Know that this Sen- Takata from Japan has consistently speeches that this Senator, after at- ator, along with the ranking member had different airbags under recall. tending Prayer Breakfasts for over on the Energy and Natural Resources Well, we just found out yesterday that three decades, has ever heard. He Committee, is committed to doing just another one of the automobile manu- quoted the Scriptures from the that, along with the Senators from facturers that uses Takata airbags has writings of Paul which say that our Michigan as well as many on this side. now had a further recall just yesterday faith can keep us from fear. The Presi- So I think the message to those who with 2.2 million of their vehicles. Why? dent illustrated that throughout so are wondering what is happening after much of his remarks. Because of defective airbags. These bags are supposed to save lives, that noon vote—the word is that work During his closing remarks, he told a is continuing, and I am optimistic story that he had heard a week or so not harm and kill lives. Yet I remem- ber the lady in Orlando who had a about the outlook for the final passage ago, and I wish to share that story here of the Energy Policy Modernization on the Senate floor. It was about a U.S. minor fender-bender collision in an intersection, and her air bag deployed. Act. Army sergeant whose entire unit had Madam President, I yield the floor. been captured by the Nazis during When the police got there, they thought there was a homicide. Her I suggest the absence of a quorum. World War II. While he was in the POW The PRESIDING OFFICER. The camp, a Nazi colonel told the sergeant, neck was lacerated, and she bled to death. There is a fireman, also near Or- clerk will call the roll. who was the senior official: I want the The legislative clerk proceeded to names of the Jewish soldiers in this lando, who will never be a fireman again because he lost his right eye call the roll. unit, and I want them to report to me. Mr. MCCONNELL. Mr. President, I The sergeant refused. after the explosion of the air bag. The airbag is defectively manufactured and ask unanimous consent that the order The Nazi colonel then decided to as- explodes with such force that the air for the quorum call be rescinded. semble all 200 of the sergeant’s troops bag becomes a hand grenade which ex- The PRESIDING OFFICER (Mr. in the POW camp in formation, with plodes, and pieces of shrapnel fly into HOEVEN). Without objection, it is so or- the sergeant at the head of the forma- the face of the driver or the passenger. dered. tion. As the colonel approached him In the case of the lady in Orlando, f again, obviously trying to single out her jugular was slashed and she was and take and probably try to annihi- REMEMBERING MARLOW W. COOK killed. We have seen a score of these late the Jewish-American soldiers, he deaths around the country. There was Mr. MCCONNELL. Mr. President, I again said, as all the troops were recently another one from a defective rise with sadness to remark on the standing there in formation: Sergeant, Takata airbag in South Carolina. passing of an old friend, Kentucky’s I want to know who the Jews are. The There are now well over 20 million ve- former U.S. Senator, Marlow W. Cook. sergeant replied: Sir, we are all Jews. hicles that have been recalled. Senator Cook served in this Chamber The colonel then took his pistol out of I will be talking to the head of the for only a single term, but his political the holster, cocked it, and put it to the National Highway Transportation impact in the Commonwealth of Ken- head of the sergeant and made the Safety Administration and will be ask- tucky was substantial. So was his im- same demand again. The faith of that ing all of these questions about safety, pact on my life. Christian sergeant overcame his fear such as this: Why are we having the Marlow Cook gave me my first real for he was looking out for his troops, drip, drip, drip of recalls here and re- opportunity in politics. He gave me a and he repeated again: Sir, we are all calls there? Why isn’t this agency tak- chance to be a State youth chairman in Jews. The Nazis backed down in that ing an aggressive approach and going his successful campaign for the U.S. POW camp. The Jewish soldiers were after all of these inflaters? Senate back in 1968. He also gave me an not revealed and, therefore, protected. It is expected that it is the explosive important opportunity in government. That was just one of the many stories compound ammonium nitrate that be- He won his election. I came to Wash- that were recounted as the President comes extremely explosive when ex- ington with him, and I was what they gave what was an extraordinary con- posed to humidity and causes the called in those days chief legislative clusion for his last National Prayer metal to shred and, therefore, go right assistant. I think the term we use now Breakfast as President. It is an occa- into the very driver or the passenger it is legislative director. I worked for him sion that so many of us join in on every was intended to save. for 2 years. I recall that time very, Wednesday here as we come together This is a matter of grave concern, very fondly. I can tell you that over and put aside our partisan, regional and now the latest news is that Honda the years I remained extremely grate- and any other differences that we have has recalled over 2 million more vehi- ful for the opportunity he gave me to and are unified and joined in prayer. So cles nationwide. There have been over get started. I thought it fitting, the National Pray- 20 million vehicles that have been re- Marlow Cook was someone who er Breakfast having just concluded, called worldwide. We have to get to the proved that Republican success was that I share this story with the Senate. bottom of this and get those defective possible in a Commonwealth at that I yield the floor. airbags out of the steering wheels of time completely dominated by Demo- I suggest the absence of a quorum. those cars and replace them with safe crats. That was no easy task when he The PRESIDING OFFICER. The airbags. ran for office, but he succeeded any- clerk will call the roll. I yield the floor. way. You might even say he sketched The senior assistant legislative clerk The PRESIDING OFFICER. The Sen- out a political blueprint for victory: proceeded to call the roll. ator from Alaska. launch an improbable campaign for

VerDate Sep 11 2014 00:36 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.034 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S650 CONGRESSIONAL RECORD — SENATE February 4, 2016 Jefferson County judge executive in STUDENT LOAN DEBT or even starting a small business or a your thirties and win, secure reelec- Mrs. MURRAY. Mr. President, last family. tion, and then launch a bid for U.S. week I asked students and families to A young man from Washington State Senator. That is the political path share with me their experiences with named Alex told me his income barely Marlow Cook took, and that is the student loans and college affordability, covers his monthly expenses, let alone exact political path I took as well. and I want to start by sharing one of paying down his student loans. He says Some might say the similarities end those stories. It is from a young he feels financially stagnant because ‘‘I there or note that we haven’t agreed on woman named Rebeckah from my don’t know if I will ever overcome the every issue in the years since, but what home State of Washington. When she crippling college debt.’’ two people ever do? It doesn’t change was 18, Rebeckah signed up for student I am glad that Democrats have a plan my enduring gratitude for the opportu- loans so she could go to college, and to help students and families who are nities Marlow Cook brought to me. It her parents took out what are called in the red. When more students are certainly doesn’t change my respect for PLUS loans to help their daughter af- able to further their education, it him. This is a man who enlisted in the ford it. Rebeckah worked hard in col- doesn’t help just them. A highly edu- Navy when his country called and when lege and graduated with her degree. cated workforce helps our economy he was still a teenager. But now she is facing a mountain of grow from the middle out, not from the Marlow Cook served his country hon- student debt, and that is preventing top down, and it strengthens the work- orably in both the Atlantic and Pacific her and her partner from buying a force we will need to compete and lead theaters in World War II. He served his house and starting a family. Not only the world in the 2lst century economy. country honorably in the U.S. Senate. that, Rebeckah found out that her par- That is why Democrats want to give I should note that Marlow Cook was ents have been taking money out of students the chance they need to at- the first Roman Catholic elected to their retirement savings to pay off tend community college tuition free. statewide office in Kentucky. Believe their PLUS loans, and they have even Of course, many students and fami- it or not, that was something of an resorted to taking a lien out on their lies take out student loans to help issue back then. It is hard to imagine home to pay down the debt. them finance higher education, but today. Rebeckah said when she enrolled in some are locked in with a high interest One more thing. Marlow Webster college, she was sure that getting a rate. Today, you can find offers to refi- Cook’s impact was felt in the course of good education would pay off. But now, nance your mortgage at 3.5 percent or the Commonwealth’s history in the with all the overwhelming student your car loan for around 3.2 percent. I shape of the riverfront in Louisville. debt, it feels as if she signed her family have heard from many borrowers who He bought the Belle of Louisville, the up for financial ruin. are paying an interest rate that is sternwheeler that is still going up and When I hear stories like Rebeckah’s, twice that amount, and some are pay- down the Ohio River today and is a it is clear that college costs and stu- ing even more. particularly big thing during the Ken- dent debt are holding families back. I Democrats want to make sure that tucky Derby week every year. consider it to be one of my most impor- borrowers can refinance their student He had a huge impact on a lot of tant jobs as a Senator to make sure loans at today’s lower rates. We also young Kentuckians, such as myself. I Washington State families have a seat want to hold the institutions of higher knew his family well. Nancy, his now at the table and a voice in our Nation’s education accountable for providing a widow, and his five kids were all run- Capital, and on an issue as important high-quality degree so students have ning around during that campaign way as this, I am going to make sure their confidence that the education they re- back then. voices are heard loud and clear here in ceive and pay for will get them ahead. I want to say to Nancy and all of this Congress. I am going to continue Democrats want to increase invest- Marlow and Nancy’s kids how much we to work with my fellow Democrats on ments in need-based aid, such as Pell admire him. Elaine and I are truly sad- ways to make college more affordable. grants, so students can keep up with dened by his loss. We are going to con- I am going to keep fighting to reduce the rising cost of college. tinue to remember this veteran, this the crushing burden of student debt for It has been just one week since I extraordinary county official, and our so many families in my home State of asked students and families to submit United States Senator fondly. I am Washington and across the country. their stories online to us, and I want to sure colleagues will join me in that Today, the yearly costs of tuition hear from many more because I know sentiment. I ask them also to join me and room and board at a public 4-year there are so many people out there who 1 in sending our best to all of Marlow’s institution are 5 ⁄2 times what they are struggling. But I must admit, I was family and friends. were in the early 1980s. There are many taken aback by the constant theme reasons that colleges have gotten more that showed up in so many of the expe- f and more expensive, but the result has riences that I have seen so far. I heard been the same. It has strained the story after story from people who said budgets of middle-class families across they felt hopeless. They feel buried UNANIMOUS CONSENT AGREE- the country, and, in some cases, it pre- under student debt, and they see no end MENT—EXECUTIVE CALENDAR vents students from even applying and in sight. It shouldn’t have to be this Mr. MCCONNELL. Mr. President, on has forced many others to drop out be- way. Democrats are offering solutions, an entirely different matter, I ask fore they ever earn a degree. With sky- and I sincerely hope our Republican unanimous consent that the Senate, on rocketing college costs, we are sending friends will join us. Monday, February 8, at 5 p.m., proceed the message that college is reserved for For me, this isn’t just another issue; to executive session to consider the fol- the wealthiest few and not for middle- this is really personal. When I was lowing nomination: Calendar No. 360; class families and those who want to young, my dad was diagnosed with that there be 30 minutes for debate on get there. multiple sclerosis. Within a few short the nomination equally divided in the We have all heard the numbers of years, he couldn’t work any longer, and usual form; that upon the use or yield- student debt. Overall, Americans hold without warning, my own family had ing back of time, the Senate vote with- more than $1.3 trillion in student loan fallen on hard times. My brothers and out intervening action or debate on the debt. That is a huge number, and it is sisters and I—and I have six brothers nomination; that if confirmed, the actually a little hard to wrap your and sisters—were all able to afford to President be immediately notified of head around, so let’s try this: Every go to college with the help of what we the Senate’s action and the Senate second that goes by, student debt in now call Pell grants, and my mom was then resume legislative session. our country grows by nearly $3,000. able to get the skills she needed to get The PRESIDING OFFICER. Is there That is every second. And behind those a better paying job through a worker objection? numbers are people who invested in training program at Lake Washington Without objection, it is so ordered. themselves by furthering their edu- Vocational School. This country was The PRESIDING OFFICER. The Sen- cation but are now saddled with debt, there for us and never turned its back ator from Washington. preventing them from buying a home on my family.

VerDate Sep 11 2014 00:36 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.038 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 4, 2016 CONGRESSIONAL RECORD — SENATE S651 Today, we can’t turn our backs on Let’s go back about 4 years. Bashar ‘‘The continued assault by Syrian regime the millions of families just like mine Assad was about to fall. The President forces—enabled by Russian airstrikes— who need a path forward to pay back of the United States said that it is not against opposition-held areas, as well as re- their student debt. These students a matter of whether Bashar Assad will gime and allied militias’ continued besiegement of hundreds of thousands of ci- want to stay in school to finish their fall, it is a matter of when. All the mo- vilians, have clearly signaled the intention degree even as the costs go up, and mentum was on their side. to seek a military solution rather than en- they want to one day be able to save up At a Senate Armed Services Com- able a political one,’’. . . . so their kids can afford to pursue their mittee hearing, the Secretary of De- Kerry repeated demands made by the oppo- dreams. fense—then Leon Panetta—said that sition groups as preconditions for negotia- It is time to make college more af- the departure of Bashar Assad was ‘‘in- tions. . . . [but] both the opposition and fordable and make sure students can evitable.’’ And then the Chairman of human rights organizations have cited an in- graduate without the crushing burden the Joint Chiefs of Staff said it was in- crease in Russian bombing over the past sev- evitable that Bashar Assad will leave. eral days that they said has targeted civilian of student debt. It is time for Demo- areas, including camps for displaced persons crats and Republicans to work together So a policy which was doomed to fail- in the western part of the country. on solutions, and it is time to reaffirm ure—rejecting a no-fly zone, rejecting Russia maintains that it is only bombing that, in our country, earning your de- robust training and equipping of those ‘‘terrorists,’’ but its definition of that word gree will pay off for you, your future, who were seeking to stop the slaugh- includes parts of the opposition that has and the future of this country. ter—has now resulted in what many been fighting a civil war against Syrian I thank the Presiding Officer. now view as an international crisis; President Bashar al-Assad for more than I yield the floor. that is, the refugee problem where mil- four years, whose representatives are among I suggest the absence of a quorum. lions of refugees are flowing into Euro- those on the opposition negotiating team in Geneva. The PRESIDING OFFICER. The pean countries not just from Syria but clerk will call the roll. primarily from Syria, Iraq, and other How can we expect them to negotiate The senior assistant legislative clerk countries as far away as Afghanistan. while the Russian airstrikes are inten- proceeded to call the roll. So everyone—especially our European sified? How can we possibly expect Mr. MCCAIN. Mr. President, I ask friends—is moaning, and their hearts something positive to happen, when unanimous consent that the order for go out and they are trying to accom- clearly the momentum and the the quorum call be rescinded. modate this. strength is on the side of the Russians, The PRESIDING OFFICER. Without This is not the cause of the problem; the Iranians, and Bashar Assad? objection, it is so ordered. this is the result of a failure of Amer- Friends, this is another chapter in Mr. MCCAIN. Mr. President, I ask ican leadership, a feckless American American history of humiliation and a unanimous consent to address the Sen- leadership, and a Secretary of State— failure of leadership. Of course, all of ate in morning business and to engage this Geneva Convention is not the first that is no better epitomized and sym- in a colloquy with the Senator from or the second but the third time—this bolized than by what happened when South Carolina, Mr. GRAHAM. is the third time our Secretary of State the Iranians captured two American The PRESIDING OFFICER. Without has convened a whole bunch of people vessels that happened to stray into objection, it is so ordered. in five-star hotels in Geneva, where, of their territorial waters. Everybody f course, the result has been nonexistent should know that when a ship goes into because the facts on the ground favor another country’s territorial waters, AMERICAN LEADERSHIP AND Bashar Assad, the Russians, and the first thing to be done is to go out SYRIA Hezbollah. and guide them out of it. It is against Mr. MCCAIN. Mr. President, not sur- So what has happened? Now, for the international law to take them at gun- prisingly, the talks that are commonly first time since 1973, when Anwar point all over the world but particu- known as Geneva III, in an effort to Sadat threw the Russians out of Egypt, larly—all over the Middle East is the stop the ongoing genocide taking place the Russians now have a major role to picture of American servicemen and in Syria, have now been ‘‘suspended.’’ play in the Middle East. They now have one woman on their knees with Iranian I quote from this morning’s Wash- protected their base at Latakia. They Revolutionary Guards holding their ington Post: ‘‘Syrian peace talks are now are conducting airstrikes in an in- automatic weapons on them. This is an suspended before they even really discriminate fashion against—guess incredible act of arrogance and a hu- begin.’’ who—not ISIS but against the mod- miliation for our American sailors. That should surprise no one. The fact erates who were fighting to overthrow What is the most aggravating is the is that the situation on the ground, Bashar Assad, while our Secretary of response by the administration after thanks to our total lack of a coherent State calls him up, has conversations this totally unlawful action and humil- strategy or even a serious effort, has with him, begs them to start peace iation of American servicemembers resulted in Russian airstrikes, ensuring talks, et cetera. And it goes on. and sailors. The response by the admin- Bashar al-Assad’s continued strength. I think sometimes we all get a little istration was—and I am not making Along with the Iranians, along with numb, but we shouldn’t be numb. We this up—White House Press Secretary Hezbollah that the Iranians have shouldn’t be numb to 250,000 killed and Josh Earnest said that the sailors were brought in from Lebanon—they all slaughtered, chemical attacks that in- offered ‘‘the proper courtesy that you have given the overwhelming majority discriminately kill men, women, and would expect.’’ Being held at gunpoint position to Bashar Assad, who is not children. These Russian airstrikes are on their knees with their hands behind about to leave office with the advan- pervasive in the areas where the mod- their neck is, in the words of the White tage he has now obtained on the battle- erate opposition exists, and they are House Press Secretary, ‘‘the proper field, to a large degree because of Rus- using what we call dumb bombs—not courtesy that you would expect.’’ sian airstrikes that are relentless and the precision bombs—slaughtering hun- The Secretary of State, John Kerry, that have mostly targeted the Western- dreds of innocent men, women, and offered his ‘‘gratitude to Iranian au- backed opposition to Bashar Assad’s children. Places are surrounded where thorities for their cooperation in swift- rule. Those airstrikes, according to the people are starving to death, and our ly resolving this matter.’’ That is the Washington Post, have proven suffi- Secretary of State calls for another American Secretary of State after a cient to push beyond doubt any likeli- meeting in Geneva. It is absolutely re- gross violation of international law. hood that Assad will be removed from markable. Our American servicemen are put on power by the nearly 5-year-old revolt I wish to point out again that accord- their knees by a bunch of two-bit Ira- against his rule. ing to the Washington Post story, Sec- nians. The gains on the ground are also call- retary of State John F. Kerry scram- Vice President JOE BIDEN described ing into question whether there can be bled to rearrange his Thursday sched- the incident as ‘‘standard nautical meaningful negotiations to end the ule after de Mistura—that is the U.N. practice.’’ The Vice President of the conflict Assad and his allies now seem guy—decided to delay the talks. The United States says that when you put convinced they can win. article states: Americans on their knees and point

VerDate Sep 11 2014 00:36 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.042 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S652 CONGRESSIONAL RECORD — SENATE February 4, 2016 weapons at them with evil intention, Instead of standing up for our naval he doesn’t cheat, a missile to deliver that is standard nautical practice. personnel, basically we thanked the the bomb, and money to pay for it all. What planet has the Vice President of Iranians for being so nice to people Now they want to take the same nego- the United States been on? that they captured at gunpoint in vio- tiating team into Syria and lock into Now, to cap it all off, this week the lation of international law, but it goes place Bashar Assad’s regime, which has Iranian Ayatollah Khamenei pinned to a deeper point. The Iranians are let- slaughtered the Syrian people, give the the Order of Fat’h Medal to the chests ting everybody in the region know they Russians and Iranians a foothold in Da- of those who mistreated and humili- are not changing their behavior with mascus through negotiations that they ated American personnel. These people this nuclear deal: Don’t mistake us could never have dreamed of a year were given awards and medals by the having a nuclear agreement with a be- ago. Ayatollah Khamenei. The Obama ad- havior change. I ask Senator MCCAIN, what do you ministration has still failed to con- The Ayatollah and his henchmen are think the consequence would be of any demn Iran’s behavior for what it was, a still in charge. They are not part of a peace agreement as long as the Rus- violation of international law and cen- family of nations. Since the deal has sians and Iranians are supporting turies of maritime tradition. According been signed, they fired missiles in vio- Assad and we are indifferent to the to a recent article in the Navy Times, lation of international resolutions, Syrian opposition in terms of their legal experts all agree that this hostile they are on the ground helping the military needs? incident represents a gross violation of ‘‘Butcher of Damascus,’’ Iranians are Mr. MCCAIN. I think it is very pos- international law. still the largest state sponsor of ter- sible that the Secretary of State will So I ask my friend from South Caro- rorism, and this is just the cherry on call another gathering in Geneva. After lina: Is there any explanation that top of all that misbehavior. all, this is only the third. He has an- could possibly be understood about this One thing I do want to talk about— other year, and maybe we will have Ge- act, a violation of international law and I will get your view of this because neva IV and V. and the humiliation of American serv- you are so knowledgeable. Syria has Mr. GRAHAM. What leverage do we icemembers? There is only one reason; literally held on, and 250,000 people have over Assad? that is, they don’t want to upset the have been slaughtered in Syria by Mr. MCCAIN. That is the point. There Iranians. They don’t want to disturb Bashar Assad and his regime. Those is no leverage, I say to my colleague. the $100 billion or so that is going to people who took to the streets during Meanwhile, while the Secretary of the Iranians as we speak while they the Arab Spring in Damascus were State is pressuring the Free Syria buy weapons and toys all over Europe. from all different backgrounds and dif- forces and threatening to cut off assist- So here we have now seen American ferent sects. They wanted to live in a ance to them, Russia is escalating service personnel put on their knees country not run by Assad in such a their bombing campaign and continues with guns to their heads, and the most brutal fashion. His response to their the slaughter of innocent people. Mean- important people in our government plea for better transparency, democ- while, there are also enclaves around praised the Iranians for their actions. I racy, and economic opportunity was Aleppo and other places where people would ask my friend, how else could literally to shoot them down. are literally starving to death—lit- you explain—not passivity, but—the Now we have an all-out war in Syria. erally starving to death. There are pic- absolute endorsement by the Vice The radical Islamic groups have moved tures, my friends, on the Internet, if President of the United States and the into Syria. The caliphate headquarters you would like to see it. Secretary of State for this kind of of ISIL is in Syria. It has been the big- What does our Secretary of State do? humiliating behavior? gest misjudgment since Munich by this He calls Lavrov. He calls Lavrov and Mr. GRAHAM. I say to Senator administration. They had Assad on the complains. Lavrov, of course—it would MCCAIN, I think it is a disconnection ropes 3 or 4 years ago and they didn’t be very interesting to know what is from reality—trying to shape a reality act, and what you see today is a result going through Mr. Lavrov’s mind—but that does not exist. of a failure to act. it is very clear that the Secretary of Can you imagine your good friend What I find astonishing is that the State is a supplicant, and this incred- Ronald Reagan, if he had been Presi- Syrian people, who are being slaugh- ibly weak economy, with a brutal dic- dent, what the Iranians would have tered by the thousands, are being asked tator in charge, is now achieving goals done? by the U.S. Government to sit down that have been age-old ambitions of the Mr. MCCAIN. Could I remind our col- with Assad and negotiate an end to this Russians. They are now playing a league that some of our colleagues re- war. The Russians and Iranians are all- major role in the Middle East. call that the day Ronald Reagan was in for Bashar Assad. The people we Mr. GRAHAM. I ask Senator MCCAIN, sworn in as President of the United have trained to replace Assad have may I read to you an exchange? States, the hostages that were being been killed by the Russian President. This is John Kerry 2 days ago: held from our Embassy in Iran came Our President hasn’t lifted a finger. ‘‘[T]here will be a ceasefire,’’ Kerry pre- home. Now we have a Secretary of State basi- dicted Tuesday in Rome. ‘‘We expect a Mr. GRAHAM. This is about lack of cally browbeating the Syrian opposi- ceasefire. And we expect an adherence to the respect for the Obama administration, tion to go to Geneva and enter into ceasefire. And we expect full humanitarian John Kerry, and everybody else in our peace talks with Bashar Assad, who is access.’’ government. The Iranians did this, in full control of his part of Syria. I Two days later, the Russian bombing Senator MCCAIN, I think for one rea- can’t believe we would do this to the hasn’t stopped and thousands of Syrians re- son—to show the region they are not Syrian people. The Syrian opposition main starving. intimidated by the United States. called Senator MCCAIN—this says a lot Not only has the Russian bombing Mr. MCCAIN. Or that they can in- about you, my friend. They were call- continued, Putin has sent in advanced timidate the United States—— ing Senator MCCAIN to pass on a mes- fighter jets to do the bombing. Mr. GRAHAM. Right, that they can sage: You have been our best friend. We Kerry said he was assured by the Russian test our resolve. They do it all the are not going to sit down and talk with counterpart [Lavrov] the Russians would time. They fired two missile tests in Assad until the U.N. resolutions calling stop bombing. violation of existing U.N. resolutions. for his removal have been honored. When asked, Lavrov said, ‘‘Russia’s The Obama administration did nothing Our government wants a deal in strikes will not cease. . . . I don’t see about it. They captured two boats. Syria—regardless of the quality of it— why these air strikes should be These are lightly armored naval vessels to say they stopped the war on their stopped.’’ with two 50-caliber machine guns. One watch. They are now asking the Syrian Whom is he talking to? The Russians of them became disabled and they people basically to kowtow to the man are telling John Kerry to his face: We drifted into Iranian waters. The Ira- who has killed their families. are going to keep bombing. John Kerry nians reacted as if it was some kind of This deal with Iran is a nightmare keeps telling the world they are going invasion by America. They humiliated for the region. You give the Iranian to stop bombing. In the meantime, Syr- these sailors. Ayatollah a pathway to a bomb, even if ians are being slaughtered and starved

VerDate Sep 11 2014 00:36 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.044 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 4, 2016 CONGRESSIONAL RECORD — SENATE S653 to death and we are fiddling while The leader of a key U.S. ally in the Middle Now the Iranians are on the ground, Syria burns. East warned Tuesday that his country [Jor- fully behind Assad. The balance of Mr. MCCAIN. I want to mention one dan] is so packed with Syrian refugees, many power has shifted. Assad is in a good other aspect of this with my colleague, with ties to the Islamic State terror group, that his nation has reached a ‘‘boiling place. The Syrian people are in a lousy, and that is the refugee issue. point.’’ terrible, horrible place. John Kerry and It is surprising to many people in the Sooner or later, I think, the dam is going Barack Obama’s foreign policy is in world, this flood of millions of refu- to burst. free fall. gees, not just from Iraq and Syria but The bottom line is I have been saying I will make a prediction—and I hope Iraq and even as far away as Afghani- this for 2 years now, along with Sen- I am wrong—that if they don’t change stan. Our European friends have treat- ator MCCAIN: If you don’t end this war their policies toward Syria, the region ed it like maybe it was an earthquake in Syria, one of the victims is going to is going to have an imbalance that we or flood or natural disaster. It was not be the King of Jordan. And the King of have never seen in our lifetime. An at- a natural disaster. It was a natural oc- Jordan says that our welcoming nature tack against this homeland is coming. currence when the situation became so has to come to an end. It is coming from Syria. It is being terrible that people believed they Here is the lay of the land. Jordan planned as I speak. We didn’t know ex- couldn’t stay and live where they were. cannot take any more. Lebanon is actly what they were trying to do be- Why did that happen? Because we overrun. The Europeans are pushing fore 9/11, but we were worried that we watched the Russians, Bashar Assad, back, and you are going to create a were going to get attacked by Al Hezbollah, and the Iranian Revolu- process where people in Syria have no Qaeda. tionary Guard—we watched them com- place to go unless we help them. They I can tell you exactly where the at- mit all of this slaughter in Syria. No are going to be slaughtered. They are tack is coming from. It is coming from one can live in Syria today without in between ISIL and Assad. What we Raqqa, Syria. It is being planned while fear for their very lives, unless they are suggesting is to create a safe haven I speak. Every day the caliphate is al- happen to be one of Bashar Assad’s al- inside of Syria where they can go with- lowed to exist is another day of danger lies. out being killed, raped, and murdered and peril for the United States. So now we have this huge refugee im- so they don’t have to go to Lebanon, So if President Obama and John migration crisis, which sooner or later Jordan, Europe or the United States. Kerry do not change their policies to we are going to have to be involved in, If John Kerry and Barack Obama do destroy the caliphate sooner rather in some way or another, and it is a re- not change their approach to Syria, than later, we will be hit here at home. Syria is going to be the catalyst for a sult of the failed policies of this Presi- If we don’t get Syria in a better spot meltdown in the Middle East. Their ap- dent of the United States. soon, Jordan and Lebanon are going to proach is going to allow the Iranians to This President sat by and watched be victims of this war. control Damascus. Any deal done in the chemical weapons use. This Presi- To Senator MCCAIN, I just wish to Geneva under these circumstances is dent refused to keep a sustaining force end with that thought. going to have one certain outcome: The in Iraq. This President, when asked by Mr. MCCAIN. Let me make a couple Russians and the Iranians are going to his Secretary of State, his Secretary of of additional points and then we will win, and the Syrian people are going to Defense, and the head of the CIA to yield the floor. lose. If we don’t destroy the caliphate provide a safe zone turned it down. I To go back, these refugees are put- with a ground component soon—not still say to my colleague—and I would ting a strain on Europe that may basi- just from the air—we are going to get be interested in his views—that we still cally lead to the dissolution of the Eu- hit here at home. The center of the ca- could establish a safe zone in Syria, ropean Union. You cannot have so liphate is in Syria. If we don’t bring where these people could go, we could many thousands—tens of thousands or this war to an end soon by getting rid protect them, and they wouldn’t have of ISIL and Assad—which would re- more people—flood into a country with to leave and flood Europe and eventu- quire both to end the war—Lebanon which they are totally unfamiliar with- ally try to come to the United States and Jordan are going to fall. out there being some problems there. of America. So to the Obama administration, So the very fabric of the EU may be That would be the best thing we when you were Senators, you really tested here. could do in the short term, and this took it to President Bush. He made his But one of the things I want to men- President refuses to do it. fair share of mistakes, but at least he tion to my friend is that the apologists Mr. GRAHAM. Well, let’s get a little corrected them. Senator Obama and for the Obama Administration have closer to the region. JOHN MCCAIN and Senator Kerry both opposed the surge constantly and persistently pursued a LINDSEY GRAHAM have been saying for 3 in Iraq. dishonest line of interpretation of his- years now that if we don’t end the war On President Obama’s watch, he was tory, and that is that after the surge in Syria—which means requiring the handed an Iraq that was becoming se- was won—and it is a fact—at great sac- Islamic State, or ISIL, to be destroyed cure and that was on a glidepath to rifice, at enormous sacrifice we had with a ground component and not by stability, and he chose to withdraw all Iraq stable. The attacks were down. the air alone—we are going to get hit of our troops—against sound military The Shiite militias were repressed. The here at home and a Paris-style attack advice—to fulfill a political promise. battle of Fallujah had been won at is coming our way. This strategy to de- Three years ago, at the urging of Sen- great cost. There was a bright future stroy ISIL will never work. President ator MCCAIN and myself, we had Bashar that could lie ahead for Iraq, but it re- Obama is trying to pass it on to the al-Assad on the ropes. His entire na- quired a continuing American pres- next the President. We have been beg- tional security team advised President ence. That was an absolute necessity. ging the President to change his strat- Obama to arm the Free Syrian Army It was the same reason why we didn’t egy in Iraq and Syria before we get hit while they were intact. That would leave Korea after the Korean war, the here at home. have been the end of Assad, and Syria same reason why we haven’t left Bos- Another casualty of the war in Syria would be in the process of healing nia, and the same reason why we didn’t is the neighborhood itself. There are itself. But President Obama said no to leave Germany or Japan. more Syrian children going to primary his entire national security team. He But the apologists in the liberal schools in Lebanon than Lebanese chil- drew a redline against Assad a couple media—and we all know who they are— dren. Our friends in Lebanon are being of years ago and said: If you use chem- are saying: Oh, they couldn’t stay be- overrun by Syrian refugees because of ical weapons, I will act. Assad used cause they didn’t have a status of the Hell-on-Earth nature of Syria. chemical weapons, and nothing of con- forces agreement through the Iraqi But one of our best allies in the en- sequence happened. Assad is still in Parliament and it couldn’t be done. tire world is the King of Jordan. Let power. He will be in power when Obama That absolutely made it impossible for me tell you what he has experienced as leaves. us to say. a result of us as a nation allowing In the meantime, Russia has intro- Mr. GRAHAM. If I may, could I inter- Syria to fall completely apart. This duced itself in the Middle East unlike ject? was yesterday: at any time since the early 1970s. Mr. MCCAIN. Yes.

VerDate Sep 11 2014 00:36 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.045 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S654 CONGRESSIONAL RECORD — SENATE February 4, 2016 Mr. GRAHAM. We couldn’t have Mr. GRAHAM. If I could, just to wrap want to send in hundreds of thousands. troops on the ground because Iraqis this up, I wish we were wrong. When We do not. This has to be an Arab coa- said no. Do we have troops on the the President decided to withdraw all lition with the United States a small ground today, I ask Senator MCCAIN? troops from Iraq against sound mili- part of it, and, by the way, have them Mr. MCCAIN. That is the point. Now tary advice, we cautioned—literally pay for it as well. With the proper we have at least 3,500 troops on the begged—the President and the Vice American leadership and commitment ground in Iraq. President. We went to Baghdad itself and credibility, which is totally absent Mr. GRAHAM. Where is the Par- to try to help with this problem. I re- now in the region, that could be done. liament? member saying that I think all hell Otherwise, we will fight them there or Mr. MCCAIN. We don’t have a status will break loose because this is so irre- we will fight them here. of forces agreement. Their Parliament sponsible. Iraq is in a good spot, but if I yield the floor. has not endorsed it. Where are our lib- we leave now, it will all fall apart. I The PRESIDING OFFICER (Mr. CAS- eral friends on the other side? Aren’t hope I am wrong. Well, we weren’t SIDY). The senior Senator from they concerned that there isn’t a sta- wrong. Vermont. tus of forces agreement and we con- When the Syrian people took to the Mr. LEAHY. Mr. President, I ask tinue to incrementally—a classic ex- streets to demand more freedom and unanimous consent to proceed in morn- ample of mission creep—gradually in- our response was to ignore their plea, ing business. crease our presence more and more. when the people of Iran went to the The PRESIDING OFFICER. Without Actually—and I don’t use this line streets and the Ayatollah shot them objection, it is so ordered. very often but these apologists, par- down and our President said that he f ticularly in the liberal media, the so- didn’t want to discuss negotiations PRESCRIPTION DRUG ABUSE called commentators—they are lying. with the regime, when Assad had his They are lying when they say that we back to the wall and President Obama Mr. LEAHY. Mr. President, I had couldn’t keep a sustaining force there. declined to take good advice to arm planned to be in the Senate Judiciary We could, and we could have done it the Free Syrian Army and the people Committee today, debating and push- without the approval of their Par- of Syria to get rid of their dictator, all ing for passage of the Comprehensive liament, including the fact that we the things that Senator MCCAIN and I Addiction and Recovery Act, or CARA. have troops in a number of other coun- have predicted have come true. Unfortunately, the markup was post- tries where their Parliaments haven’t The point of being here today is that poned. I wish it had not been. So I hope approved a specific status of forces the worst is yet to come and, God, I next week we can make progress on agreement. So it is really aggravating. hope I am wrong because this is what I this important bill. We have a need for But the reason why they tell this lie think is going to happen. I think there this legislation, and we also need the is because if it were really a fact that is going to be an attack on our country money for it. Senator SHAHEEN has an at great sacrifice we had stabilized Iraq that is being planned as I speak, com- emergency supplemental appropria- and it had a bright future at that time, ing from Syria. If we went on the tions bill. These are actually both ur- their calls for a complete withdrawal ground in the region—not 100,000 U.S. gent matters. and the President’s announcement that troops but mostly people from the re- States such as mine, Vermont, and the last combat soldier had left Iraq— gion with some of us—we could destroy our neighboring State of New Hamp- remember that? Remember that one of the caliphate and we could disrupt shire have been deeply affected by this his underlings said: We are leaving be- their plans against our homeland, but wave of addiction. The media has cov- hind the most stable, prosperous, we are not doing that. ered this very personal and ravaging democratic Iraq in history. That was If we don’t change our strategy re- epidemic as never before. We have seen the statement. I think it was Blinken garding Syria, we are going to lose one a transformation in how we talk about or one of those guys. It was great. of the best allies America has ever had, this issue and the need for solutions. It We have gotten everybody out of and that is the Kingdom of Jordan, be- used to be that if you had a drug prob- Iraq, just as the President promised cause it is being overrun by refugees. lem, they would bring in the police to when he ran for President of the United The whole seam of the Middle East is straighten it out. We have removed the States. But leading from behind splitting wide open. stigma of drug addiction, but we need doesn’t work. Just because you leave a I will say this. Everybody makes mis- more than talk. I have visited many of conflict, that does not mean the con- takes—Bush, LINDSEY GRAHAM, and these communities. They are dev- flict is over. JOHN MCCAIN. The key is to adjust. The astated by this epidemic and need re- Again, this morning, they are trying problem I have with this administra- sources for prevention and treatment. to make that same mistake in Afghani- tion is that they seem unable and un- It is time for Congress to act. stan, although I pray they have learned willing to adjust. If they don’t change For years I have been convening field that they cannot go to what the Presi- their strategy, we are all going to re- hearings and sitting at kitchen tables, dent originally announced—that they gret it. As bad as it is today, the worst listening to Vermonters discuss inno- would go to an embassy specific force is yet to come. vative approaches to confront drug of about 1,000. The question is how Mr. MCCAIN. Could I just add one abuse and related crimes. I have also many and what their missions will be. other point to my friend from South sat at kitchen tables and listened to So I think it is important to empha- Carolina? tragic stories about a member of the size that this did not have to happen. If The President is very good at setting family who had been hit with opioid we had kept that stabilizing force be- up straw men. He says that we only addiction. What I have heard in the hind, you would never have had have two choices—to send in a couple meetings I have had with the police, Baghdadi break off from Al Qaeda and of hundred thousand troops or to do doctors, family members, faith commu- move to Syria and seeing the things we nothing. Neither LINDSEY GRAHAM or I nity, and educators is that we cannot are seeing today. or any smart person I know are advo- arrest or jail our way out of this prob- I am afraid my friend from South cating that. lem. We have lost the war on drugs—if Carolina is right. In fact, I know he is What we are advocating is about a we were ever winning it—because we right. There will be further attacks on 10,000 American force providing the ca- relied primarily on unnecessarily harsh the United States of America and Eu- pabilities of ISR training, forward air sentencing laws. rope because it is inevitable. When Mr. controllers and others, with a large I spent 8 years in law enforcement, Baghdadi controls a large piece of ge- contingent of Arab countries that and I know that law enforcement prac- ography from which he can train, would then move to Raqqa on the tices will always play an important equip, motivate, and send people out to ground with the use of American air role. That is why I have worked to se- commit acts of terror, that will hap- power. cure funding for State-led, anti-heroin pen, and the responsibility will lay at Please do not be fooled by this con- task forces. But if we want to find last- the doorstep of Barack Obama and his stant barrage of untruths that are ing solutions to these problems, we minions. being said about those of us that we have to identify and support effective

VerDate Sep 11 2014 00:36 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.049 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 4, 2016 CONGRESSIONAL RECORD — SENATE S655 prevention, treatment, and recovery takes more lives. We are eager to learn how mark. Our national debt now exceeds programs. CARA does just that. This we can assist the FDA to finally get ahead of $19 trillion. legislation would support innovative, this scourge. It wasn’t that long ago that I was Thank you for your prompt attention to evidence-based solutions—best prac- standing on this floor and talking this matter. We look forward to hearing about the fact that we are approaching tices that are already showing great from you. progress in States like mine. Sincerely, $11 trillion of debt, and in just a few We need to do all we can to prevent RICHARD BLUMENTHAL, years that has accelerated in a most and treat the abuse of prescription U.S. Senator. dramatic way. Now it has reached $19 opioids. I have pushed for years to have PATRICK J. LEAHY, trillion. Obviously, it is having and it the FDA promote safer alternatives to U.S. Senator. is going to have a significant impact on powerful prescription pain killers and Mr. LEAHY. I am also concerned the future of this country and our eco- to remove from the market the older, that rural communities are in des- nomic growth. In fact, the Bureau of less safe drugs. The FDA’s announce- perate need of the lifesaving drug Economic Analysis said that our Na- ment to expand access to abuse-deter- naloxone so that opioid overdoses can tion’s gross domestic product—the rent formulations of these powerful be stopped. I have heard from law en- measure of our Nation’s economic ac- drugs is a step in the right direction in forcement officers and grateful fami- tivity—grew a very anemic 0.7 percent response to my concerns, but the FDA lies what a miracle this drug can be, so in the last quarter of 2015. We simply can and must do more. we need to make sure we have it sup- cannot sustain our economy and grow Mr. President, I ask unanimous con- plied where it can literally save lives. I and provide economic opportunity for sent to have printed in the RECORD the have had police officers tell me that Americans and jobs for Americans at a April 28, 2014, Leahy-Blumenthal letter they arrived at a scene with an over- growth rate of 0.7 percent. In fact, the to the FDA Commissioner. dose, and because they had that with growth rate on the average is now There being no objection, the mate- them, they saved the life of the person. about 2 percent. We can’t even keep rial was ordered to be printed in the If they had not had it, the person would our heads above water in terms of pro- RECORD, as follows: have been dead by the time the ambu- viding employment opportunities for U.S. SENATE, lance arrived. people if we don’t grow at a much fast- Washington, DC, April 28, 2014. In Vermont, we have seen a 65 per- er pace, particularly following one of Hon. MARGARET A. HAMBURG, cent increase in the number of deepest and most damaging recessions Commissioner, Food and Drug Administration, Vermonters getting treatment for their we have ever had. Silver Spring, MD. addiction over the past 2 years. This is Clearly there are issues that need to DEAR COMMISSIONER HAMBURG: We are writ- encouraging progress and reflects the be addressed, issues that need to be ing to urge the expedited review of New Drug fact that our Governor and also State talked about, and actions that need to Applications for abuse-deterrent formula- be taken that put us on a better path tions of single-entity hydrocodone products. legislators of both parties have stepped Zohydro ER was the first pure hydrocodone up. But we know that there are hun- to growth. Not having come up with product to receive FDA market approval. dreds more who are on waiting lists, the ability to address our long-term The drug was approved despite lacking any and patients in the very rural corners debt in any kind of a macro sense after abuse-deterrent properties and over strong of my State travel hours just to get many opportunities over the years and objections from the FDA’s own independent their medication. We need to do more many efforts—some of them bipartisan advisory committee. We share the concerns about this real threat to our commu- and all of them denied by the President of the many governors and state attorneys nities. of the United States in terms of going general who believe this powerful drug is all forward for ‘‘political reasons’’—I have but certain to exacerbate our nation’s addic- I am very proud to cosponsor Senator tion to opioid analgesics, which results in SHAHEEN’s emergency supplemental ap- shifted my talk to, say, at least let’s tens of thousands of overdose deaths each propriations bill. I want to be able to try to stop spending money that falls year. fund additional public health outreach, in the category of waste, fraud, and Given their potency and ease of abuse, we treatment, recovery, and law enforce- abuse. have little doubt that pure opioid products ment efforts. We have passed much I have documented over the last year may lead more Americans to addiction, some larger emergency supplemental bills to or so well over $130 billion of docu- even to heroin. The FDA has already recog- address swine flu and Ebola. We passed mented waste, fraud, and abuse. This nized the heightened risks of overdose and isn’t just conjuring up some story or death with Zohydro ER, even at rec- huge supplemental bills on Ebola when ommended doses. Drug developers continue we did not have a single case of Ebola picking up stories out of a newspaper; to seek regulatory approval for other easy to originate here in the United States. We these are documented examples by abuse opioids, such as Moxduo IR. To the ex- were worried about it coming in, but it independent agencies of the Federal tent that pure opioid products fill a nec- did not originate here. But here, we Government that examine our spending essary niche in responsible pain management have tens of thousands in the Presiding and come up with ways in which they practices, the FDA must now take all avail- Officer’s State, in my State, and in can point out that the spending is not able measures to ensure that patients are every other State. We have to take the necessary and that these funds can be soon provided safer alternatives. This proc- used for much better purposes, the best ess begins by prioritizing review of abuse-de- health epidemic already in our commu- terrent formulations. Such formulations are nities just as seriously as we did those purpose of which would be to not in- much more difficult to crush or dissolve, two diseases that did not originate on our crease our national debt in paying for preferred methods of abuse. shores. waste and not demanding ever-more As safer, abuse-deterrent opioids are ap- (The remarks of Mr. LEAHY and Mr. tax increases from our constituents to proved, the FDA should act swiftly to re- FRANKEN pertaining to the introduc- help pay for waste. move any older, less safe versions. In the tion of S. 2506 are printed in today’s This week I am going to highlight past, it has taken up to three years for the RECORD under ‘‘Statements on Intro- something that wastes taxpayers’ FDA to ban products that lack abuse-deter- duced Bills and Joint Resolutions.’’) money and literally wastes space, rent properties when a safer equivalent ex- warehouse space. The Department of ists. Americans should not have to wait this The PRESIDING OFFICER. The Sen- long with Zohydro ER. ator from Indiana. Homeland Security owns or leases a We also request that the FDA brief our f number of warehouses around the staff on your plans to monitor the use of country. They need this because they Zohydro ER, including what metrics will be WASTEFUL SPENDING need to have in place the equipment used to potentially reevaluate its status as Mr. COATS. Mr. President, this is the that is necessary to address a disaster. an approved drug if widespread problems de- first week of February, and a new Whether it is a natural or manmade velop. We also ask that you share your month brings a new ‘‘Waste of the disaster or whether it is a terrorist at- planned efforts to curb prescription drug Week’’ speech from the Senator from tack—for whatever reason, they need a abuse generally, including the development and approval of effective non-opioid pain- Indiana. In preparing for this, we number of these warehouses. They ei- killers that may finally break the cycle of learned another disturbing fact about ther buy or lease these warehouses to opioid addiction. Each year, the opioid epi- our economy, and that is that the store this equipment that is needed for demic seeps into more communities and United States has hit yet another new emergency situations.

VerDate Sep 11 2014 03:34 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.051 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S656 CONGRESSIONAL RECORD — SENATE February 4, 2016 In 2013 the Department of Homeland ample of an inefficient use of taxpayer norms, is a destabilizing force, a revo- Security spent $60 million to own or dollars, and it can add up to some sig- lutionary regime not to be trusted. It lease a total of 1,628 warehouses that, nificant numbers. Those numbers, as I is precisely for this reason—because we when added together, occupy 6.3 mil- have been posting here over the last are deeply distrustful of Iran and its lion square feet. That is a lot of leased year or so, are now totaling intentions—that we have to come to- space. That is a lot of space to own or $130,146,746,016. It is a waste of a lot of gether to rigorously, aggressively en- lease to store equipment. That is the money, and it is a waste that needn’t force the terms of the nuclear deal size of 110 football fields. take place. with Iran and push back on its bad be- No one is questioning the need to be I am going to keep coming down here havior, from its support for terrorism, prepared for disasters or the need for week after week highlighting to my to its human rights abuses, to its ille- warehouse space in different locations colleagues that we can do a better job gal ballistic missile tests. around the country, but, as is the case of oversight, we can do a better job of Today I wanted to focus on one of the with so many government agencies, in running this government, and we can most vital elements of the nuclear the use of taxpayer dollars, we need to do a better job for the taxpayers, who deal—the so-called Joint Comprehen- oversee and make sure the money is are working hard to earn money that is sive Plan of Action, or the nuclear deal being spent in an efficient and effective taxed by Uncle Sam. Some of it is with Iran, which is the dramatic in- way. wasted or spent through fraud or abuse. crease in access and surveillance that Thank goodness for these inspectors Mr. President, I suggest the absence the International Atomic Energy Agen- general. Without them, we would not of a quorum. cy, or the IAEA, has gained through be able to determine and find out what The PRESIDING OFFICER. The this agreement. is going on at these various agencies clerk will call the roll. After implementation day was regarding the handling of taxpayer The bill clerk proceeded to call the reached, one of the significant con- money. roll. sequences of that milestone is not just The latest report from the DHS in- Mr. COONS. Mr. President, I ask that Iran has taken dramatic action to spector general said that there are unanimous consent that the order for push back its own nuclear trajectory some warehouses that are ripe for the quorum call be rescinded. but that it has granted unprecedented elimination, which would save tax- The PRESIDING OFFICER. Without access to the world’s nuclear watchdog payers about $9.7 million over a 10-year objection, it is so ordered. agency to monitor its compliance with period of time. The inspector general f the deal. As Congress, the administra- said that the first of these buildings tion, and the international community NUCLEAR AGREEMENT WITH IRAN holds primarily a bunch of broken now focus on enforcing the terms of the chairs—unused furniture. It is storage Mr. COONS. Mr. President, I come to JCPOA, it is worth taking a much space for paperwork that is no longer the floor today to talk about our rela- deeper look at what exactly makes this necessary—and indicated that the DHS tions with Iran and the enforcement of IAEA access so unprecedented and so leases this warehouse in Northern Vir- the U.S.-Iran—the international nu- important to maintain. ginia for $934,000 a year. I wish I owned clear deal. I recently visited the headquarters of that warehouse. I would be prohibited Let me first start with a few observa- the IAEA in Vienna, Austria, with a under the ethics code from doing that, tions to reinforce an important point: delegation of eight Senators. This but that is a pretty good deal. You that Iran is neither our friend nor our agency has a huge amount riding on its build a warehouse and you lease it to ally. Just last Wednesday, as the inter- ability to successfully detect any Ira- DHS and charge them $934,000 a year, national community marked the 71st nian cheating under this deal. It is no and it is filled with equipment that is anniversary of the liberation of Ausch- understatement to say that the very either broken or needs to be thrown witz as part of UNESCO’s Holocaust credibility of the IAEA is on the line as out. In a macro sense, it kind of re- Remembrance Day, when countries it monitors, inspects, and verifies the minds me of my garage. I started from around the world came together status of Iran’s nuclear program—not thinking, well, there is a bunch of bro- in solemn remembrance of the Shoah, just for a week, a month, or a year, but ken stuff in there sitting around on a united in a shared commitment that for decades into the future. I was shelf. Why don’t I just get rid of it? the atrocities of the Holocaust must pleased and reassured to see that they Then I would have the space to store never happen again, Iran’s Supreme are using some of the very innovative something that is needed. Leader, Ayatollah Khamenei, issued a I guess what the Inspector General is inspection techniques developed at very different proclamation. It came in saying is, look, this stuff looks like a America’s own National Laboratories. the form of a video uploaded to his offi- bunch of broken chairs and stuff we These are just a few of the topics I cial Web site in which the narrator don’t need, so why don’t we get rid of want to touch on in the minutes ahead. condemns the nations of the world for it and save the taxpayers some money? The nuclear deal reached with Iran supporting Israel and questions the le- Over the next decade, this could save required that they provide the IAEA the taxpayers a lot of money. gitimacy and magnitude of the Holo- with around-the-clock, 24/7 access to Let me show another picture. DHS caust. monitor Iran’s entire nuclear fuel also leases a 6,500-square-foot ware- Just a few days later, the Supreme cycle. What is a nuclear fuel cycle? It house in Northern California. That is Leader of Iran awarded medals to the is all the different steps required to go only $74,000 of taxpayers’ money on an members of the Revolutionary Guard from mining the raw ore to actually annual basis. The warehouse is vir- Corps who detained American sailors producing highly enriched uranium— tually empty. Maybe they have a plan last month under very dubious cir- from uranium mines, uranium mills, to put something in there, but it is sit- cumstances. The Iranian Supreme centrifuge production workshops, to ting there empty, and it is costing the Leader, eager to use this incident for every known and declared uranium en- taxpayers $74,000. his own propaganda purposes, called richment site connected to Iran’s nu- The IG said: There are some old com- them Medals of Conquest. clear program. puters there which we don’t use any- These two actions are despicable and Simply put, before this agreement— more. We bought new ones. There is a not the sign of a nation ready to rejoin before the JCPOA—Iran could have lot of broken equipment in there. the international community. These converted its uranium or its plutonium There is old office furniture, and there actions by Iran’s Supreme Leader are into material useful for a nuclear are some books. just the most recent in a series of weapon. On implementation day, Iran Again, it sounds a little bit like my provocations and reminders that the disabled its Arak reactor. They filled garage on a macro basis. Why do we Iranian regime is neither Americas’s the core of that reactor with concrete, pay over $70,000 to lease this warehouse ally nor friend. shutting off the so-called plutonium when that is what it contains? I mean, A nation such as Iran that continues pathway to a nuclear weapon. let’s throw it out. to suppress dissent, promotes terrorism Today I will focus on the uranium These are just a few of the items the on its regional neighbors, and bla- pathway of the commercial nuclear IG found. Clearly, though, it is an ex- tantly disregards international law and fuel cycle, which includes the four

VerDate Sep 11 2014 01:32 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.053 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 4, 2016 CONGRESSIONAL RECORD — SENATE S657 parts I just mentioned—mills, mines, OLEM—which is installed at the present, and even that raw uranium is conversion facilities, and enrichment Natantz fuel enrichment plant in Iran. typically present in such tiny con- facilities. These different components The pipe labeled ‘‘A’’ is a processing centrations—just a fraction of a per- of their entire fuel cycle are scattered pipe that transports gaseous uranium cent—that they are unusable without across the nation of Iran, as you can hexafluoride gas from cascades of spin- further processing and enrichment. see in the graphic to my right. ning centrifuges. These centrifuges are IAEA inspectors have regular access, The fuel cycle begins at uranium the devices that take the uranium pre- as I have said, to all known uranium mines where hundreds of tons of dirt, viously mined from the ground and mines, and because of the huge amount rocks, and ore which contain tiny, then milled to be transformed or en- of activity required to process and trace amounts of uranium—typically riched into uranium possibly useful for mine uranium, regular inspectors are just 0.1 percent—are dug up, blasted either civilian or military purposes. more than sufficient to uncover and into smaller pieces, dumped into huge Inside the box at the bottom right, monitor Iran’s behavior at mines. trucks, and then transported to the this ‘‘B,’’ is a gamma ray detector Throughout Iran’s nuclear facilities, next stage, uranium mills. which measures the amount of ura- the IAEA has also installed both still Two mills exist in Iran near Gachin nium hexafluoride gas flowing through and video cameras. These cameras pro- and Saghand. Under the JCPOA, the the centrifuge at key measurement vide a 90-percent increase in the num- IAEA will maintain continuous access points. These gamma ray detectors ber of images generated per day com- to these mills. In these uranium mills, send continuous, real-time, 24/7 infor- pared to before the nuclear agreement, the rocks retrieved from mines are mation to the IAEA so it can make giving the international community then ground into dust from which ura- sure that Iran’s uranium enrichment another vital window into Iran’s activi- nium is extracted. This raw uranium levels remain at or below the agreed- ties. ore concentrate is then transported— upon 3.67 percent—dramatically lower In addition, gamma ray monitors—as again, under the supervision of the than the 90 percent enrichment thresh- well as all nuclear material, cen- IAEA—to a uranium conversion facil- old required for fissile material useable trifuges, and equipment—are all se- ity at Isfahan, where it is converted for a weapon. cured with tamper-evident seals to pro- into uranium hexafluoride gas, or UF– In addition to these gamma ray de- tect the integrity of the equipment. In our Nation’s history of dealing 6. tectors, pressure and temperature sen- The final and most critical step of sors continuously monitor the present with rogue states seeking a nuclear weapons capability—from Saddam Hus- the fuel cycle takes place at so-called quantities of gaseous uranium sein’s Iraq to Qadhafi’s Libya to North enrichment facilities where rapidly hexafluoride gas. Measurements from Korea—there has never been an inspec- spinning centrifuges enrich uranium these sensors, combined with data from tion protocol that allowed the IAEA hexafluoride to the point where it can the gamma ray detectors, allow the this level of access to monitor and be used for research and development, IAEA to effectively monitor all ura- oversee every stage of the nuclear fuel industrial purposes, or, if enriched to a nium enrichment. This monitoring cycle. Under this level of oversight, to very high level as fissile material, it equipment runs autonomously, has produce a nuclear weapon, Iran would can be used for a nuclear weapon. backup battery power to ensure reli- need to construct an entirely separate Critically, the nuclear deal gives the ability, and is encased, as you can see, IAEA access to inspect and oversee fuel cycle—a whole supply chain, in- in sealed containers that contain tam- cluding mining, milling, conversion, every one of these stages, not just en- per-resistant equipment to allow the richment facilities, as other deals with and enrichment facilities—completely international community to know if in secret—an exceptionally difficult other countries previously required. If Iran tries to alter or tamper with the undertaking. the JCPOA only required the Iranians monitoring equipment. But access alone is not enough. For to give nuclear inspectors access to Before the IAEA developed and im- us to be ensured that Iran is not devel- their enrichment facilities, Tehran plemented these continuous moni- oping a nuclear weapon, the IAEA could easily continue to mine, meld, toring devices, nuclear inspectors had must also have the resources to turn convert, and then quite likely enrich only two options for verifying compli- that access into effective oversight. uranium undetected elsewhere, such as ance: Send inspectors directly, phys- Under the terms of the JCPOA, Iran undeclared secret facilities. That is ically into each facility to retrieve must declare every nuclear and nu- why it is so important that mills, physical samples or attempt to meas- clear-related facility that exists within mines, and the whole rest of the fuel ure compliance, even remotely, by tak- its borders. In response, inspectors cycle are subject to regular inspections ing environmental samples. As a stand- have three roles: first, to confirm that and continuous oversight. Access to alone method, these two techniques Iran’s site declarations are accurate the entire fuel cycle means that the were unreliable and time-intensive, re- and comprehensive; second, to monitor IAEA—and thus the world—will know quiring weeks to collect, ship, and ana- all declared sites to make sure Iran’s if Iran tries to move any nuclear mate- lyze samples. Today, instead of waiting behavior complies with the terms of rial to undeclared covert facilities. weeks or months for results, the IAEA the deal; and, third, to track material One of the biggest advances in this now has real-time, around-the-clock that leaves each facility to make sure new, continuous monitoring approach access, so it is aware of exactly what Iran is not pursuing illicit nuclear ac- is a whole new series of inspection Iran is doing at its enrichment facili- tivity at undeclared sites elsewhere in techniques and technologies. It is not ties. the country. enough for nuclear inspectors them- These nonstop monitoring devices Inspectors have regular, complete ac- selves to be able to access every step of that were recently developed will also cess to every segment of the nuclear the fuel cycle because it is impossible be supplemented by traditional sam- supply chain: conversion, enrichment, for even the best inspectors to be phys- pling and analysis performed in person mines, mills, fuel manufacturing, the ically present everywhere all of the by IAEA inspectors. Continuous moni- reactors themselves, and spent fuel. To time in a nuclear fuel cycle system as toring devices are in place at all of reach the level of necessary oversight, complex as Iran’s. That is why effec- Iran’s uranium enrichment facilities, the IAEA has increased its number of tive oversight and enforcement de- as well as every known site at which inspectors by 120 percent. But I will re- mands that the IAEA be able to mon- Iran mills and converts uranium and mind my colleagues that for the next itor enrichment efforts remotely and manufactures or stores centrifuges. 25 years or more, these physical inspec- constantly. That level of monitoring is That represents every single location tions will have to be sustained to pro- provided by the continuous real-time involved in Iran’s fuel cycle—except vide a critical supplement to the con- monitoring of all of Iran’s declared nu- uranium mines. That is because real- tinuous monitoring technology I ref- clear facilities. time monitoring of a mine would serve erenced before. Here is one of the ways that works. no scientific purpose. Uranium mines Even so, if the IAEA doesn’t have The small device to my right here is an consist of thousands of tons of raw dirt, enough capable nuclear scientists to ef- IAEA monitoring device—known as an rock, and ore. Only a minuscule fectively monitor, evaluate, and inves- online enrichment monitor, or an amount of uranium is naturally tigate every aspect of Iran’s nuclear

VerDate Sep 11 2014 01:32 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.054 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S658 CONGRESSIONAL RECORD — SENATE February 4, 2016 fuel cycle, the international commu- tion, 20-lab network of analytical labs that Secretary Clinton can be held re- nity will not, for the decades to come, that include Los Alamos, Oak Ridge, sponsible for e-mail exchanges that be able to effectively enforce the terms Lawrence Livermore, Pacific North- originated with someone else.’’ of the JCPOA. west, and New Brunswick National Yet Republicans would have us be- It takes years to train capable nu- Labs. lieve that these emails posed a grave clear scientists and even longer to de- In conclusion, congressional over- threat. velop new and better monitoring tech- sight is essential to the most stringent Secretary Colin Powell said it best. nologies. implementation of the nuclear deal Here is what he said upon reading such As the name of the IAEA implies, with Iran and for our national security emails: ‘‘A normal, air-breathing mam- fully supporting the IAEA requires sup- as a whole. Making investments in our mal would look at them and say, port from each of our international National Labs and in Federal research ‘What’s the issue?’ ’’ partners. But Congress can and should and development today means better Just like they turned Benghazi into a take a step forward by providing reli- trained, better equipped nuclear in- political issue, Republicans are looking able, continuous, long-term funding for spectors for the years and the decades for anything that can be twisted into a the IAEA so they can increase the to come. Adequately funding the IAEA partisan political tool—for former Sen- number of their fully trained and avail- today means the international commu- ator and former Secretary of State Hil- able inspectors. It would send a strong nity takes full advantage of the un- lary Clinton—and for obvious reasons. signal to both our allies and to Iran precedented access we negotiated in The pursuit of her email records has that we are serious about holding Iran this deal. caused the Republicans to waste mil- to the terms of the deal not just this Effectively enforcing the JCPOA and lions of dollars of taxpayers’ money year but over the decades to come. pushing back on Iran’s bad behavior and, of course, abuse the congressional The IAEA needs the resources to do today makes it clear that we intend to oversight process. They have held up its job effectively and efficiently. hold Iran accountable and to lay the scores of State Department nominees— Working effectively means the inspec- groundwork for security for genera- from USAID workers in Africa and tions are not only uncovering viola- tions to come. around the world to the State Depart- tions or potential violations of the deal If we are serious about enforcing the ment’s Legal Adviser. Because of what but also deterring Iran from covert ac- terms of the nuclear deal, we need is being done here, the State Depart- tion by knowing with certainty that more than access; we need action. ment—they have numerous people, I Thank you, Mr. President. say numerous people, who should be they will be caught. Working effi- With that, I yield the floor. confirmed so the State Department can ciently means the IAEA can devote as The PRESIDING OFFICER. The operate. But, no, they are being held many resources as necessary to search- Democratic leader. up—even the Legal Adviser. The State ing for undeclared sites and monitoring Mr. REID. Mr. President, I came to Department does not have its own law- those that are known. To this end, I the floor to listen to my friend talk yer because it is being held up. All they hope that when the President’s budget about one of the most important issues say is opposition to emails. It is an ef- is released next week, it will include a that we have dealt with in this body fort to develop opposition research for significant increase in resources for the for many years. There is no one who is the campaign trail. This is what some IAEA. more articulate and more under- would say is a watershed moment. Adequately funding the IAEA is standing of the issues that face us in We can now hold Republicans’ allega- something I will be speaking about in foreign policy than the junior Senator tions up to the light and see them for greater detail in the weeks to come, from Delaware. So I extend my appre- the flimsy, transparent attempts to but it is also important to note that ciation to him, and I am glad I had the score political points that they always there is a direct correlation between opportunity to come and listen to what have been. our investments in Federal research he had to say. The stuff he talked If we were to believe Republicans, and development—specifically, in our about is not simple stuff. It took some- then we would have to criminally National Laboratories—and our effec- one of his ability to explain so we all charge Secretary Rice, Secretary Pow- tiveness in keeping Iran’s nuclear am- understand what he has said, and ell, their senior staff, and everyone else bitions and the threat of proliferation pointing the way forward for peace and who received these emails. We might throughout the rest of the world in security not only in that part of the have to indict the entire senior level of check. world but the other work he has done America’s national security commu- For over 35 years—back to 1980— on the Foreign Relations Committee to nity. every single IAEA inspector has been promote peace and security around a Of course General Powell should not trained at least once at Los Alamos lot of the world. be indicted. Of course Secretary Rice National Laboratory in New Mexico. f should not be indicted. But by Repub- The Idaho, Oak Ridge, and licans’ logic, they should be. This is ab- Brookhaven National Labs are also STATE DEPARTMENT INSPECTOR surd. It is absurd because the inspector part of the vital training network for GENERAL MEMO general makes it very clear: These IAEA inspectors. On average, our na- Mr. REID. Mr. President, we have al- charges are a bunch of trumped up ba- tional labs are training 150 IAEA in- ways known that the Republicans have loney. It is absurd because this cam- spectors every year—about one-fifth of an obsession with Secretary Clinton’s paign against Secretary Clinton has al- the entire inspection staff—every sin- emails, but their obsession is a ways been a ridiculously partisan, po- gle year, developing key skills to keep trumped up, partisan political crusade. litical waste of time and taxpayer dol- us and the world safe, like learning Today we received a new revelation lars. how to make accurate, prompt meas- about just how bankrupt the Repub- Today we see this more clearly than urements of nuclear material. licans’ campaign against Secretary ever before, but no one has seen it Our National Labs also play a key Clinton truly is. The inspector general more clearly than Secretary Powell. role in improving existing technologies of the State Department issued some- This man has held numerous positions and developing new ones that we can’t thing that is quite important. It is un- in our government—Chairman of the even imagine today. The online enrich- classified. He wrote a memo stating Joint Chiefs of Staff, a four-star gen- ment monitors I described earlier, that emails received by former Sec- eral. I repeat what he said today, and I which will allow for continuous, real- retary Colin Powell and aides to Sec- quote again: ‘‘A normal, air-breathing time oversight of Iran’s enrichment ac- retary Condoleezza Rice may contain mammal would look at them and say, tivities, were originally developed at classified information. ‘What’s the issue?’’ Oak Ridge National Lab in Tennessee. This is the same trumped up allega- There is no issue. In fact, most of America’s 17 Na- tion for which Republicans are cur- I yield the floor. tional Labs have supported or are cur- rently trying to railroad Secretary Seeing no one on the floor, I suggest rently supporting some element of the Clinton. the absence of a quorum. IAEA safeguards technology, both as As vice chairman FEINSTEIN said last The PRESIDING OFFICER. The individual labs and as part of a 10-na- week: ‘‘It has never made sense to me clerk will call the roll.

VerDate Sep 11 2014 03:34 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.062 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 4, 2016 CONGRESSIONAL RECORD — SENATE S659 The senior assistant legislative clerk bers in the office. You can tell a lot At a time when congressional budg- proceeded to call the roll. about a person by how they behave on ets have constantly been under pres- Mr. COONS. Mr. President, I ask the golf course, and Todd is a gen- sure and many in America believe our unanimous consent that the order for tleman. He plays fast so as not to hold political system is dysfunctional, Cap- the quorum call be rescinded. up others, but will go out of his way to itol Hill depends on dedicated, loyal, The PRESIDING OFFICER. Without look for your lost ball in the woods. optimistic, and positive public servants objection, it is so ordered. If Todd left the office a few minutes like Todd—not only for the kind of pol- f early on Fridays, he would announce icy and political accomplishments that that he was ‘‘going to investigate some ultimately show up on a resume or a TRIBUTE TO TODD WEBSTER greenspace.’’ Although rare, his out- job description but even more for the Mr. COONS. Mr. President, I rise ings on golf courses, I know, were a qualities and characteristics that make today to express my thanks to my source of encouragement and relief. this place function—an chief of staff of the last 5 years, Todd On the softball field he was also a unquestioningly positive attitude, a Webster. It is a bittersweet day for me great contributor. A member of my management style that makes every- because my office says farewell to team commented that ‘‘he was a valu- one from interns to seasoned profes- someone who has been a trusted, loyal, able member’’ of our team, known as sionals feel welcome and valued, a will- reliable, energetic, patient, faithful the Small Wonders, after Delaware’s ingness to speak candidly about him- leader of the Coons team for my first 5 nickname, ‘‘and was known for his self and the office, about our chal- years here in Washington. He is some- ability to turn triples into doubles and lenges and prospects, a keen perspec- one who has been warm and humorous, sacrificing his body at first base to get tive on the absurdity of the many as- caring, and always ready with a funny much-needed outs.’’ pects of the modern political process, story to tell. He is down to earth, ‘‘He was also instrumental,’’ JJ and the relentless idealism that in- someone who takes interest in whom- wrote, ‘‘to the team’s magical 2014 spires those around him to keep believ- ever he is speaking to; who seems to turnaround season and Cinderella run ing and working hard. These are the know everyone here, and who is well to the playoffs.’’ hallmarks of Todd’s time over the past liked and well respected. He is a true On the management side, Todd would 5 years. family man who helped plan a surprise constantly walk around the office un- In the 5 years I have had the joy of birthday party for his father Peter who announced, just to check in and see working with him. He has always been recently turned 75; whose delightful how folks were doing. Rather than at my side, helping my office get up and beautiful wife Lisa last fall was making staff find him, he would and running and teaching me the ways named president and CEO of Physicians proactively seek out staff. His door was of this town and this institution. Walk- for Peace and who joins him in their always open, whether to chat about ing around Capitol Hill with him was commitment to public service; and something work-related or to vent or often like walking beside the ‘‘mayor whose wonderful children, his daughter to listen about something personal. He of the Senate.’’ Every few steps, every Sydney, son Peter, and daughter Cath- always had a funny story to tell and few minutes, someone would stop to erine have sustained and supported him was willing to listen and offer mean- say hello, to catch up, to reconnect or in his service—his 5 years with me in ingful advice. talk about what is next. Far too often, the Senate and his years before that When Tom sensed that the afternoon people leave the Hill, having forgotten with other Senators. Even their dog was dragging on and our subterranean long ago why they ever got into public Kili, an Irish doodle, has been a part of executive suite was in need of a pick- service in the first place. Todd never the extended Webster family that has me-up, he would go on what we call in has. Throughout his 9 years serving helped engage and entertain and sup- Delaware a ‘‘WaWa run,’’ picking up three different Senators, he has re- port my office these last 5 years. snacks and caffeinated beverages to mained cheerful, optimistic, tireless, When I first came to Washington, keep everybody focused until the end of and committed. under the most unlikely circumstances what are sometimes very long days. His car is often the very first one in in 2010, I was looking for someone who I got one interesting comment from a the Russell garage in the morning, and could help me navigate the culture and constituent staffer who has worked for he often has been the last staffer to folkways of this building, and there me and for several other Senators in leave and go home at the end of a long was no one better suited for that than her many long years at the Senate. She workday. Whether it is his willingness Todd Webster. He worked on the cam- commented that on one visit to DC, to call a staff member after the passing paigns of Senators Harkin and Byrd, as Todd cared enough to make sure our of a family member or bounding into the office every morning with a smile, the deputy communications director whole constituent relations team had saying, ‘‘top of the morning to you, for the Gore-Lieberman campaign, and lunch in the Senate dining room. She hello friends, hello Meg, hello T, hello as the communications director for was astonished that he took time out Chels,’’ my office will simply not be Senator PATTY MURRAY. After that he of his busy day to have lunch and get the same without him—without his was the communications director for to know them and get to know what cheer, without his loyalty, without his Senator Tom Daschle. they do on behalf of the people of Dela- hard work, without his energy, and After those years of service in the ware every day. without his optimism about what we Senate, he had gone off on his own to Todd also understood and connected can still do together here in this great- form the WebStrong Group, and he was with my commitment to my home est institution in the American con- the owner of Webster Strategies and a State and enthusiastically made an an- nual trek to the Delaware State Fair stitutional order. regular commentator on MSNBC. So with that, I would like to offer my and devoted himself to learning more So when I had the chance to first thanks and best wishes to my depart- about Delaware’s all-important poultry meet him in 2010, I was encouraged ing chief of Staff, Todd Webster. that he was willing to offer his signifi- business. I will say that in equal part I Thank you. cant skills and talent to the challenge did my best to learn more about sports, f of helping me shape my team and de- going to Caps events, Wizards events, cide on my trajectory here in the Sen- and on golf outings with Todd. He REMEMBERING U.S. CAPITOL PO- ate. So this 9-year Senate veteran, this joined me in going to memorable visits LICE OFFICER VERNON ALSTON, graduate of Bowdoin College and pos- of processing plants where thousands of JR. sessor of a master’s degree from the chickens made the eye-opening transi- Mr. COONS. Mr. President, I rise GW Graduate School of Political Man- tion from being broilers to being din- today to honor a fellow Delawarean, agement set off with me on a fas- ner. In addition, I want to thank him U.S. Capitol Police Officer Vernon Al- cinating and at times challenging trip. for his strong constitution and his ston, who passed away unexpectedly Todd is a great athlete. He is some- dedication for advancing the agricul- last month at the much too young age one who is a dedicated golfer, ‘‘an hon- tural interests of my home State, of 44. orable player,’’ as was commented by which even included trying scrapple on Officer Alston was a fixture in the JJ Singh, one of our great team mem- one occasion. House of Representatives, spending

VerDate Sep 11 2014 01:32 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.063 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S660 CONGRESSIONAL RECORD — SENATE February 4, 2016 nearly 20 years on the Hill with the this Capitol 15 years ago. It was just 6 life and death, Vernon epitomized the Capitol Police. As one of his col- months after that, Nicole remembers, best of our country—people who put leagues, Officer Scott McBane, noted, that she married the man of her their lives on the line to protect and Vernon was a ‘‘gentle giant.’’ His wife dreams. serve in this Capitol Complex and those Nicole describes him as ‘‘a very gen- Let me leave with you a passage from of us who live and work in this part of uine man’’ who had a deep and genuine the Scriptures, Galatians 6:9–10, which the Nation. love for people. teaches us: The U.S. Capitol Police are some of While I didn’t have the privilege of Let us not become weary in doing good, for the finest men and women in uniform. knowing Officer Alston personally, we at the proper time we will reap a harvest if I say this as a former naval flight offi- shared at least two commitments: to we do not give up. Therefore, as we have op- cer and a retired Navy captain. We be in Washington each morning to go portunity, let us do good to all people. have wonderful men and women who to work and to be back home in Dela- Whether in the Army Reserve, at his serve us and all the folks who come ware to see our kids each night. post outside the Cannon House Office from all over the world to visit this For years, Vernon’s shift started at 5 Building or at his home in Delaware, place throughout the year. But each a.m., meaning he would be beginning Vernon sought the opportunity to do day these officers perform perhaps the his 90-minute commute from Magnolia, good to all people, and in doing so he most important jobs here on the Hill— DE, at a time when few, if any, of the made a real difference in the lives of protecting those of us who are privi- people he would soon be protecting those he knew and those he served. leged to work here either as Members would even be awake. For those who While the words and tributes to Offi- of the Senate and the House or staff knew him, Vernon’s willingness to cer Alston that have poured forth from and also the millions of visitors and drive 3 hours a day just to be home his colleagues and his friends may pro- folks who travel here from not just the with his family every night wasn’t the vide little comfort today to his friends 50 States but from a lot of places only reflection of his commitment to and family, it is my hope and prayer around the globe. Whether these officers are patrolling service and his family. that Nicole, Brittany, Yasmeen, Bran- the ground to prevent or detect mis- In fact, Vernon’s entire career is a don, Israel, and Breyden can take sol- chief, investigating suspicious activity testament to his passion for helping ace in knowing in the years to come or responding to emergencies, their others. While still a student at Howard that the man they so loved was beloved mission is the same. Their mission is University, he joined the U.S. Army by so many people. to protect one of our country’s prin- Reserve and served as an Army reserv- Thank you. cipal symbols of democracy—the ist until 1994. After graduating from With that, I yield the floor. United States Capitol. Their mission is college in 1995, Vernon joined the DC The PRESIDING OFFICER. The Sen- not one that comes without sacrifice. Army National Guard and served as a ator from Delaware. Just 17 years ago, I remember this to member of the Guard for another dec- Mr. CARPER. Mr. President, the Sen- ator, my colleague from Delaware, and the day, in 1998, two of our Capitol Po- ade. lice officers, not far from the sound of In 1996, Vernon joined the U.S. Cap- I are close friends and we ride the same my voice, were gunned down in the line itol Police and spent the next two dec- train together a lot of days, coming of duty when a gunman opened fire, ades dedicated not just to keeping law- and going to Delaware. I would like to trying to force his way into the Cap- makers and their families and our of- think that we think alike and share a itol. lot of the same values. It was inter- fices’ visitors safe but doing so with Vernon, in his service with the U.S. humility, a smile, and with a relent- esting to listen to his remarks about Army Reserve, with the National lessly positive attitude. Vernon Alston, which actually reflect Guard, and with the Capitol Police It is not just the job Vernon chose to and track very closely with what I am force, consistently exhibited unwaver- dedicate his life to that says so much prepared to say. But there are some ing courage, devotion to duty, and, about his character but how he did it. differences. I am happy to be here with above all, honor. In the way he lived Those who served with him will tell him, and I think it is great that we are his life and how we remember him, you how he always wore a smile on his here. I think we are also speaking for Vernon reminds each of us just how face and never had a harsh word to say. JOHN CARNEY, who is our Congressman, good we can be and ought to be. Two weeks ago Vernon died as he and who would, if he could speak on Vernon Alston was born in 1971 to his lived both his professional and personal this floor, join us today as well. mom Barbara Alston and Vernon Al- life—helping people around him. In this Mr. President, I also want to join ston, Sr.—and not in this country. He case, he was shoveling snow for his Senator COONS and the Presiding Offi- was born in Vincenza, which is a town next door neighbor in the aftermath of cer, who presides in the chair almost in Italy where his dad Vernon, Sr., was one of the biggest storms to hit our be- every time I speak on this floor. I don’t stationed in the U.S. Air Force. Vernon loved home State of Delaware in years. know how this works out, but it is good spent the first 10 years of his life in From the employees of the House and to see the Presiding Officer and this Italy before his father was transferred Senate who work around-the-clock to new group of pages who have joined us to Dover Air Force Base in Dover, DE. keep the lights on to the Members of this week to tell you about a man you There Vernon attended grade school on Congress ourselves, everyone plays never had a chance to meet who was a the Air Force base and later graduated their part in keeping this institution Capitol policeman for almost 20 years. from Dover High School, a school that working and in making our country’s Senator COONS talked about him. I I have been privileged to visit many legislative process functional and ac- am going to say a few words about him, times. He went on to attend Howard cessible. That accessibility, that open- and then we will probably head for the University in Washington, DC, and ness, is a guiding light to which na- train and head home. graduated from there about 20 years tions around the world aspire, and that Let me just say a few things about ago in 1995. is in many ways a direct reflection of Vernon J. Alston, Jr. His Dad is also Vernon was still a student at Howard the efforts of Officer Alston and fellow Vernon J. Alston. As Senator COONS University when he answered the call Capitol Police officers who serve with said, he passed away at the age of 44. of duty, following the footsteps of his bravery and tirelessness, day in and We did have a big snowstorm. We had a dad Vernon, Sr., and his grandfather day out. lot of snow. We had a couple of feet David Alston, who was a U.S. Army When we talk about public service on here and almost that much in parts of World War II veteran. In 1991, Vernon— this floor, we are often referring to our Delaware. this is the son—joined the U.S. Army country or our constituents, but just as When Vernon died, he had actually Reserve, and he served in the Army Re- important is service to our colleagues, just finished helping a neighbor shovel serve until 1994. After graduating from family, and friends. out after the snowstorm, and that sort college in 1995, Vernon joined the Dis- Vernon first met his wife Nicole of epitomized his life. He was always trict of Columbia Army National when they were both students at How- helping other people, not asking for Guard and served as a member of the ard in 1992, but they didn’t truly con- anything much in return but setting a Army National Guard for another 10 nect until running into each other near good example to every one of us. But in years.

VerDate Sep 11 2014 01:32 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.065 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 4, 2016 CONGRESSIONAL RECORD — SENATE S661 I am sure our Presiding Officer mute from Magnolia, DE—just south of them thought that I would end up in spends time with his Guard troops in Dover—to serve not in the Capitol Po- the Senate or that they would be read- his home State. We do, too. We have an lice but to serve our country in an- ing about me in the newspaper or Army Guard and an Air Guard in Dela- other capacity here in our Nation’s watching me on television. But when ware. We are very proud of the literally Capital. She told me their love story or Vernon was not even 10 years old, his thousands of men and women who an abbreviated version of it. When they principal knew he was a guy who was serve our country. I think 300 are in Af- were at Howard University at roughly on his way to being somebody his par- ghanistan. We will welcome some folks the same point in time, Vernon would ents could be enormously proud of. home this weekend. We are welcoming see her from afar and would admire I think it is clear through the out- some folks home this weekend. her. He never really summoned the pouring of love and accounts of so But this is what Winston Churchill courage—if you will, the temerity—to many others after Vernon’s untimely used to say about people who serve in go up to her and say: Here is who I am; passing that Vernon’s principal was the Guard or Reserve and have their who are you? But he sort of admired right. If he is out there listening some- own day jobs. Winston Churchill said her from afar and wished he could get where and if his teachers are out there they are twice the citizen. Think about to know her. listening somewhere, I thank them for that—twice the citizen. Many years later, while he was on pa- helping—along with Vernon’s parents— I know a lot of people who are in the trol, I think at the corner of First and raise a remarkable young man. Army Guard who used to be in the Independence, guess who comes walk- Today I rise to commemorate Army, and a lot of folks in the Air ing along—that same woman whom he Vernon, to celebrate his life with Sen- Guard in Delaware who used to be in had admired from afar all those years ator COONS by my side, and on behalf of the Air Force. They have their day ago. They struck up a conversation, hit Congressman JOHN CARNEY, our at- jobs, and they serve our State and our it off, and went out on a date together. large Congressman from Delaware. We Nation through the Guard. They are The rest is history. Six months later want to offer to Vernon’s family—par- two-times the citizen. So was Vernon. they were married. I know some people ticularly to Nicole, their children, He began his service with the Capitol who married that quickly, and I am their friends, and family—our support Police Force 20 years ago, and for those one of them. Vernon and Nicole knew and our deepest sympathy on their 20 years he protected and served the what they were looking for. They were tragic loss and really the loss to all of Capitol Complex and its community, looking for each other, and they found us here. We consider Vernon and those including folks such as us here: Sen- each other. They have a wonderful fam- with whom he served as part of our ators, staff, our pages sitting here at ily they have raised. family. the dais today, members of our fami- Later when they were onboard the I asked my staff to see if they could lies, staffs, members of their families, Spirit of Washington, they became hus- find a couple of people who serve in the and millions of folks who visit our Cap- band and wife. After they married, Capitol Police who might have some- itol throughout each year. Vernon’s they moved, in this case to Delaware. thing to say about Vernon, and I want to quote them and maybe close my re- positive energy, which Senator COONS As I said, people in Magnolia—their marks with their words. has alluded to, and his attitude made a claim to fame is that Magnolia, DE, is These are the words Officer Scott lasting impression with his Capitol Po- a little town that is the center of the McBane said about Vernon Alston: lice colleagues. universe. There are probably other In the latter part of his career, most Vern Alston was an outstanding human places where people think they are the being. To know Vern was to love him. I was recently Vernon was stationed at the center of the universe, but the Alston privileged to work with Vern for three years Capitol powerplant, which provides family lived in Magnolia, the center of at the Traffic One checkpoint of the House steam and water that is used to heat the universe, for a number of years. Division [on the House side]. He treated ev- and cool buildings across the Capitol Nicole, as Senator COONS said—not eryone he met with patience, good humor, Complex. At that plant, it was his re- only did Vernon get up and drive to and remarkable kindness. A great talker who sponsibility to check visitors and staff work every day, so did Nicole. And told very funny stories, he also had that rare at the door and work to keep that fa- they didn’t carpool many days; they quality of being a sympathetic and a patient listener. cility safe and secure every day, 24 each drove separately. They both loved hours a day, 7 days a week, throughout Delaware, but they wanted to work We heard that before, didn’t we? Continuing: the year. here and to serve our Nation in dif- According to his colleagues, he al- ferent roles. Nicole served and worked Smart, positive, and always supportive, ways found time to ask others: Well, people would stop by all day to see Vern and for a number of years at the share their stories with him. A warm and how are you doing? And he possessed Smithsonian’s National Zoo, while sympathetic friend to so many, Vern will be the all-too-rare quality of being a pa- Vernon was keeping things safe here in greatly missed by all who knew him. tient listener. My dad used to say to our Capitol. Together they have five Thank you, Scott McBane, an officer my sister and me that God gave us two children: Brittany, a sophomore at with the Capitol Police, for sharing ears, one mouth, and we should use Delaware State University, the home those memories of Vern Alston. them in that proportion—listen a lot of the Hornets in Dover; Yasmeen, a I have one more from another Capitol more than we talk. I always admire senior at Polytech High School in Police officer who knew and worked good listeners, and Vernon was one of Delaware, the home of the Panthers, with Vernon. This officer’s name is Mi- those. just south of Dover; Brandon, a sopho- chael Woodward. Michael said these One of his fellow officers described more at Paul Public Charter School in words about Vernon Alston: Vernon as a ‘‘beacon.’’ A beacon of DC; and Israel and Breyden, who are Of all the people I have had the honor to what? Well, a ‘‘beacon of positivity,’’ a both in preschool. work with Vernon Alston was by far the positive force. No matter the mission— I am close to closing, but I want to most positive, warm, friendly and outgoing an early morning for a Presidential in- share a story that we heard from person I have ever met. auguration or a late night for the State Vernon’s mom the other day. It deals Let me just stop there. How many of the Union Address at the other end with the time when he was in the people in the world do you suppose of the Capitol—Vernon always wore a fourth grade. Vernon’s principal told there are who would say those words smile on his face. Vernon’s parents that he was a great about us? Whether we happen to be In 2008, while Vernon was on the job example to his peers, to other students. Senators, our staff, our families, those and patrolling the Capitol grounds, he The principal said he knew he would are wonderful words for someone to say ran into a woman whom he had actu- come to learn about Vernon’s accom- about us, that we were the most ‘‘posi- ally run into before named Nicole plishments and achievements in the tive, warm,’’ or ‘‘friendly and outgoing Davis. Despite attending Howard Uni- newspapers years down the road. person’’ that someone ever met. What a versity at the same time, Vernon and Think of that. I don’t know what my compliment. Nicole never really knew each other. principals were thinking about me He continues: But earlier this week, I talked to Ni- when I was in the fourth or fifth or He was always one to greet you with a cole, who for years also made the com- sixth grade, but I don’t think any of smile, and ask how you and your family were

VerDate Sep 11 2014 01:32 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.066 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S662 CONGRESSIONAL RECORD — SENATE February 4, 2016 doing. It doesn’t matter what was going on— important the market in Cuba could we can’t finance it. Some might say: if we were coming in early for the Inaugura- be. Last week it was the Dry Bean Well, we don’t want to put government tion or staying late for the State of the Council telling me what I already know taxpayer dollars at risk. This bill does Union—he always had a smile. I never heard from my visit with Cuba: The products not put one taxpayer dollar at risk. We him speak a negative word or raise his voice. He treated everyone as a close friend and was we grow in the United States—like are talking about opening the market a beacon of positivity. His passing leaves a North Dakota pinto beans or Arkansas so we can access private financing for hole that cannot be filled. rice—are compatible with the Cuban agricultural exports to Cuba. Let me Senator COONS closed with a little diet, and there is high demand for our repeat that. No taxpayer dollars are at Scripture from the New Testament. I high-quality products. risk. It is based entirely on individual think it was Galatians, if I am not mis- These aren’t just crops that North risk assessment and decisions. Our bill taken. I will try to paraphrase a little Dakota grows. These are crops that is supported by the U.S. Agricultural something maybe from Luke and from North Dakota knows exceptionally Coalition for Cuba, a wide-ranging coa- the Book of James: People may not be- well and that we excel in. My State is lition including every grower group lieve what we say; they will believe the No. 1 producer of barley, multiple and industry association. what we do. We lead by our example. varieties of beans, lentils, and certain This week, the Cuban Government And in our lives, it cannot be do as I types of wheat. Enabling agriculture announced that El Nino is going to cre- say, but really do as I do. exports to Cuba would be a huge boon ate an even greater loss of agricultural Throughout his life, Vernon was a for North Dakota farmers and ranch- products in Cuba. This is going to cre- great example, not just for the people ers, as well as those from many other ate an even greater opportunity for our with whom he worked on the police States. agricultural exports—a greater oppor- force here, not just for all of us who Unfortunately, because of trade bar- tunity. Why—why—why would we let came into contact with him through- riers the United States puts on itself, other countries keep eating our lunch out the day or week, but for some of the Cuban people aren’t eating North and dominating this important mar- those millions of people whose only Dakota beans, Kansas wheat or Arkan- ket, especially given our proximity? It lasting impression of our country that sas rice. Instead, they are importing is time for Congress to get out of they took home with them wherever those products from countries much American agriculture’s way and let pri- they came from around the world was further away—like Brazil, Canada, Eu- vate businesses make exporting and fi- this wonderful Capitol Police officer rope, and even Vietnam. I would say nancing decisions. who took the time to talk with them, not only in terms of proximity of our I urge all of my colleagues to cospon- to listen to them, to be patient, to be product to the Cuban market—which is sor and help pass our bill, S. 1049, the helpful, and to be friendly. a huge freight advantage—we also have Agricultural Export Expansion Act. There is a great lesson for all of us in the highest quality of products. So we Finally, I want to talk about the that—a great lesson for all of us. For are forfeiting what in fact would be a challenges that American agriculture that, Vernon, we thank you. God bless natural market for us. Think about has. Higher-dollar value has put tre- you. that. In this day, where trade is so im- mendous stress on our products. We I suggest the absence of a quorum. portant—where improving our balance have seen corn prices drop, we have The PRESIDING OFFICER. The of trade is so important—we will not be seen soybean prices drop, we have seen clerk will call the roll. able to access the Cuban market. American agriculture challenged in The senior assistant legislative clerk Congress has eased some restrictions ways we haven’t seen for the last dec- proceeded to call the roll. on exports to Cuba for agricultural ade. How do we fix that problem? With Ms. HEITKAMP. Mr. President, I ask products. They did that back in 2000 another government program? Maybe unanimous consent that the order for with the passage of the Trade Sanc- we will have to help or expand the farm the quorum call be rescinded. tions Reform and Export Enhancement bill to deal with our food security The PRESIDING OFFICER. Without Act. That was a great first step. We did issues created by low commodity objection, it is so ordered. make some progress in increased sales prices. I will not take that off the f to Cuba. Unfortunately, now that same table, but I will say the surest way law is holding us back. that we can get out from underneath AGRICULTURAL EXPORT The administration made important these challenges is export, is to provide EXPANSION ACT changes to U.S. policy and opened some for trade. It is one of the reasons I sup- Ms. HEITKAMP. Mr. President, I rise travel and some trade to Cuba starting ported TPA. I believe it is great for to talk about a bill which I introduced with their January 2015 changes. Most American commodities to access addi- that I would love to have the Presiding recently, including last month, the ad- tional markets and take down trade Officer’s sponsorship, given how impor- ministration made more changes, in- barriers to provide us with market, but tant the Port of Louisiana is to Amer- cluding allowing for financing of au- why are we artificially standing in the ican agriculture and certainly com- thorized exports to Cuba. Unfortu- way of private investment and private modities that we ship across the world. nately, those exports are other than financing of American agricultural It is called the Agricultural Export Ex- agricultural exports. Because of our products? It is time that we do the pansion Act that I introduced with once forward-looking bill, agricultural right thing by American agriculture Senator BOOZMAN as my cosponsor. We exporters are prohibited now from of- and open this market. We can take this have a great bipartisan lineup of people fering financing that all other export- incremental step without having this who are interested in this. ers can provide to Cuba. That needs body agree to lifting any kind of em- So what does this bill do? I will say, changing. bargo. We can take this incremental very rarely does a day go by—whether In 2014 I visited Cuba. I met with step without changing the prohibition I am in North Dakota or whether I am Cuban agricultural trade officials to we have on Federal-sponsored mar- here in Washington, DC—that I don’t discuss bilateral economic benefits of keting programs. We can begin to ac- speak with or hear from North Dakota expanding agricultural exports from cess the Cuban market and introduce farmers and ranchers. The agriculture North Dakota and the United States to our high-quality beans, edible peas, and economy is absolutely critical to North Cuba. These are conversations we need lentils. We can do that. Dakota. Almost one-quarter of North to continue to have. I will close with a story about my Dakota workers are farmers and ranch- Last April I and Senator BOOZMAN in- great friend MARIA CANTWELL from the ers or they are employed in farm-re- troduced our bipartisan bill to level the State of Washington. Washington also lated jobs. During every meeting, farm- playing field for our farmers and ranch- grows what we call a lot of cross ers and ranchers express the urgent ers and make sure we can compete with crops—although, I would argue that need—the urgent need—to open trade the rest of the world in Cuba. What ours are probably even lot better than with Cuba and to stop tying the hands does that bill do and how does it im- what is grown in the State of Wash- of our producers. prove our trade relationship with ington. Just on Tuesday our barley growers Cuba? One of the greatest barriers we MARIA CANTWELL went on a trade were in my office telling me about how have in getting our products to Cuba is mission to try to sell Washington State

VerDate Sep 11 2014 01:32 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.068 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 4, 2016 CONGRESSIONAL RECORD — SENATE S663 lentils. After hours of listening to the The first piece of legislation she Officer Alston was loved dearly by trade officials and Mr. Castro, she was sponsored in the senate, a bill for open his friends and family. He is survived successful in convincing him to buy housing, passed 28 to 3. That was the by his wife Nicole; daughters Brittany lentils. The lentils he eventually beginning of a successful 21-year polit- and Yasmeen; and sons Brandon, Israel, bought were from North Dakota. ical career. She would go on to become and Breyden. My condolences go out to We have an opportunity to access the chairwoman of the senate’s labor Officer Alston’s family during this dif- this market—not just for North Dakota and industry committee and the spon- ficult time. but for the State of Washington, for sor of the Equal Rights Amendment in f the State of Louisiana, for the State of Kentucky. Arkansas, for the State of Kansas. For One of the earliest bills she intro- RECENT REGULATORY CHANGES all of our agricultural producers, open duced in the State senate was to re- RELATED TO CUBA this market, give us the ability to do move racial identification from State Mr. LEAHY. Mr. President, last week what we do in every other place. We drivers’ licenses. Powers has said that the administration took another step aren’t putting taxpayer dollars at risk. she was prompted to do this based on in unraveling the web of onerous, mis- We are simply asking for access to her own experience as a 16-year-old try- guided, and self-defeating restrictions markets. ing to get a drivers’ license. She was on the ability of American citizens to Mr. President, I yield the floor. asked her race and the sting of dis- travel to Cuba and to interact with the Mr. President, I suggest the absence crimination stayed with her. people of Cuba. of a quorum. Georgia Powers built a stronger, fair- Effective as of January 27, the De- The PRESIDING OFFICER. The er Kentucky by her life’s work and her partments of Treasury and Commerce clerk will call the roll. leadership. She was an inspiration to published revised regulations that end The senior assistant legislative clerk many, including me, for her determina- certain payment and financing restric- proceeded to call the roll. tion in the face of injustice. I knew and tions, allow for more authorized ex- Mr. SASSE. Mr. President, I ask worked with Senator Powers back ports to Cuba in a variety of sectors, unanimous consent that the order for when I served as the Judge-Executive and expand authorized travel cat- the quorum call be rescinded. of Jefferson County. I can personally egories and allow additional travel-re- The PRESIDING OFFICER. Without attest that she was funny, tenacious, lated transactions. objection, it is so ordered. and tough as nails—an admirable Restrictions on providing access to f woman and a respected senator. credit, which have been among the Georgia Powers is remembered and most commonly cited barriers to ex- REMEMBERING GEORGIA POWERS mourned by many, including Louisville porting to Cuba, were removed. Treas- Mr. MCCONNELL. Mr. President, I Mayor Greg Fischer, Kentucky Gov- ury’s Office of Foreign Assets Control wish to mourn the loss of an honored ernor Matt Bevin, and even boxing leg- amended regulations regarding non- Kentuckian and civil rights icon. Geor- end Muhammad Ali. Many Kentuckians agricultural exports, and it is now pos- gia Powers, who fought for civil rights in public service today cite her as a sible for U.S. banks to provide direct fi- and marched in protest of racial injus- guiding influence. nancing for authorized exports to Cuba, tice, died on January 30. She was 92 Georgia Powers made fighting dis- as opposed to requiring cash in advance years old. crimination her legacy. I ask my Sen- or routing through a third country As the first African American to ate colleagues to join me in honoring which had stymied many transactions serve in Kentucky’s State Senate, her as one of Kentucky’s most impor- that could benefit American companies Georgia Powers paved the way for Afri- tant leaders and a champion of civil and Cuban consumers. can Americans in Kentucky to enter rights. She will be remembered as a General licenses, meaning that a spe- public service. Even before her election Kentuckian of courage and conviction, cific license application is no longer re- to the senate, she had earned recogni- and she is greatly missed. quired, are now provided for a variety tion across the State for her efforts to f of categories, including telecommuni- fight for equal rights. cations items that improve commu- In 1964 she helped organize a march REMEMBERING U.S. CAPITOL PO- nications to, from, and among Cubans; on Frankfort to support a bill that LICE OFFICER VERNON ALSTON, certain agricultural items, such as in- would open public accommodations to JR. secticides and equipment, although not African Americans. In 1966, thanks in Mr. REID. Mr. President, today I agricultural commodities; items for part to her work, the Kentucky Gen- wish to remember U.S. Capitol Police the safety of civil aviation and safe op- eral Assembly passed a civil rights law, Officer Vernon Alston, who passed eration of commercial aircraft; and making Kentucky the first southern away on January 23, 2016. Officer Al- items necessary for the environmental State to do so. ston was a fixture on the Capitol protection of U.S. and international air Among the many supporters Powers Grounds for 20 years, and he is missed quality, waters, or coastlines including brought to Frankfort for the 1964 by the many who were honored to have items related to renewable energy or march were baseball legend Jackie known him. energy efficiency. Robinson—the man who broke the Those who knew Officer Alston best And it is now permissible, subject to color barrier in professional baseball— describe him as someone who loved his case-by-case review, to export to some and the Reverend Dr. Martin Luther family, his job, and helping others. For Cuban state-owned enterprises that King, Jr. Powers remained a close con- two decades, he helped members of the ‘‘provide goods and services to the fidant of King’s until his death in 1968. Capitol Hill community by keeping us Cuban people.’’ This includes items for Georgia Powers was born in 1923 in safe, and on the day he passed away, he agricultural production, education, Washington County, KY, as one of nine helped members of his own community food processing, public transportation, children. Her family moved to Louis- in Magnolia, DE, by shoveling snow for wholesale distribution, and construc- ville when she was a little girl, and his neighbors. tion of facilities for supplying energy, Louisville was the city that she loved Officer Alston was a caring and mod- among others. As much as we disagree her whole life and represented in the est man who took great pride in his with many of the policies of the Cuban Kentucky Senate. work. As a former Capitol Police offi- Government, it is undeniable that it Georgia Powers’ political career was cer myself, I understand the dedication provides health care, education, public born out of her fight for civil rights. and sacrifice required of members of transportation, and many other serv- She tried to work with members of the the Capitol Police force, and Officer Al- ices that the Cuban people rely on. Kentucky Legislature on antidiscrimi- ston was an exemplar of these traits. I However, exports to state-owned en- nation laws and found them am saddened that the U.S. Capitol Po- terprises that primarily generate rev- unreceptive. So when the incumbent lice has lost one of our own, but I will enue for the government remain ineli- senator in her home district in Louis- always be grateful for Officer Alston’s gible to receive U.S. exports along with ville chose not to run again in 1967, she service to the Capitol Police force and military, police, intelligence, and secu- moved from protest to politics. to our Nation. rity services.

VerDate Sep 11 2014 03:53 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.069 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S664 CONGRESSIONAL RECORD — SENATE February 4, 2016 Categories for authorized travel to M. Dettelbach for his years of excellent TRIBUTE TO ESTHER OLAVARRIA Cuba have been expanded to include or- public service as he begins a new chap- Mr. LEAHY. Mr. President, I am ganizing professional meetings and for ter in his legal career. Steve has served proud to recognize Ms. Esther professional media and artistic produc- as the U.S. attorney for the northern Olavarria, an extraordinary public tions such as movies, TV, and music, district of Ohio for nearly 7 years after servant who has worked for decades to among others. These are long overdue the Senate unanimously confirmed him build an immigration system that is and will be welcomed by American to this position in 2009. Steve is a fair and just for all. I know Esther scholars, artists, and journalists. I am former member of my Judiciary Com- from her time in the Senate as Senator disappointed, however, that American mittee staff, and I have known him for Kennedy’s lead advisor on immigration tourists are still prohibited from trav- more than a decade. I am very proud of matters for the Judiciary Committee. eling to Cuba, unlike to any other all that he has accomplished. In the Senate and more recently in the country in the world. Steve earned his undergraduate de- administration, Esther’s intelligent, These are all positive steps, for which gree from Dartmouth College and his thoughtful advice and analysis has I commend the White House. Frankly, law degree from Harvard Law School. been invaluable. She is stepping down it is hard to believe that it has taken this week after serving as senior coun- so long to finally begin to dismantle a After law school, Steve clerked for Judge Stanley Sporkin of the U.S. Dis- selor to Department of Homeland Secu- policy of unilateral sanctions against rity Secretary Johnson. I have no Cuba when it has been obvious for so trict Court for the District of Colum- bia. He went on to serve in the Depart- doubt the Secretary will miss her, as I many years that it has failed to do here in the Senate. achieve any of its objectives, while it ment of Justice’s civil rights division from 1992 to 1997 and then in the U.S. Esther was an early appointee of the was hurting the people of both coun- Obama administration, serving first as tries. attorney’s office for the district of Maryland from 1997 to 2001. a member of the President’s transition But a great deal remains to be done team on immigration, then as the De- to reverse 50 years of an ill-conceived, In 2001, Steve joined my Judiciary partment’s Deputy Assistant Secretary punitive policy. It is for that reason Committee staff. Steve impressed me for Immigration and Border Security that I urge the Administration to act with his sound judgment and his out- and later as counselor to Secretary expeditiously to take further action, standing work with both Republican Janet Napolitano. During that time including amending regulations that and Democratic offices. Steve worked she advocated fixing our Nation’s bro- would allow Cuba to use the U.S. dollar on a broad range of issues, including ken immigration system and the press- in third-party country transactions, drafting and negotiating key whistle- ing need to provide protection for which would greatly facilitate U.S.- blower and criminal fraud provisions of asylees and refugees, improve deten- Cuban commerce. the Sarbanes-Oxley Act. He played a tion conditions, and ensure account- The Treasury Department should central role on our oversight team and ability and transparency in immigra- also do what the American people want helped draft an important bipartisan tion enforcement. by letting them travel to Cuba on a report on the implementation of FISA. In 2013, Esther was asked to serve as people-to-people license as individuals The report, written with Senators the White House Director of Immigra- and stop treating them like children GRASSLEY and SPECTER, was the cul- tion Reform. Her wealth of experience and making them pay thousands of dol- mination of the committee’s first com- made her an invaluable asset in our bi- lars to large tour group operators. The prehensive oversight effort of the FBI partisan effort to pass the Border Secu- U.S. Government is not in the business in nearly two decades. After his tenure rity, Economic Opportunity and Immi- of requiring costly chaperones for with my office, Steve served as an as- gration Modernization Act in 2013. The Americans who travel anywhere else sistant U.S. attorney in the northern bill overwhelmingly passed the Senate overseas, and it should not do so for district of Ohio. He then joined Baker with the bipartisan support of 68 Sen- Americans traveling 90 miles to Cuba. & Hostetler as a partner before he was ators. I remain disappointed that that Allowing all Americans to travel nominated to his current position. important bill was not taken up in the under a general license would signifi- House, and I hope the Senate will one cantly boost the number of Americans As the U.S. attorney for the northern traveling to Cuba, it would create a district of Ohio, Steve has been at the day turn again to this legislation. much richer travel experience, and it forefront of enforcing civil rights laws, When we do, I know that Esther will be would save taxpayers money. including bringing some of the first ready to provide her support once There are some who will undoubtedly cases under the Matthew Shepard and again as she has so many times when continue to insist that any change in James Byrd, Jr. Hate Crimes Preven- the Senate has turned its focus to the policy is somehow a capitulation to the tion Act of 2009. He has organized edu- issue of immigration. Cuban Government and that, because cational events on issues such as In the Senate, Esther understood the Cuba’s Communist Party remains in human trafficking, hate crimes, and importance of working across the aisle control, we should continue supporting police use of force, and formed the to get something done. Like her boss, a policy that has helped keep them United Against Hate religious coalition Senator Kennedy, Esther forged un- there. That illogical, myopic view has in the wake of a racially motivated likely partnerships and found partners been repudiated by a huge majority of arson at a church in his district. who were drawn to her passion, her the Cuban people, including some of sense of humanity, and her dedication. As a member of the Attorney Gen- She was a key adviser for the com- Cuba’s most outspoken critics of the eral’s Advisory Committee, AGAC, government, and it is rejected by a prehensive immigration reform bills of Steve led the AGAC’s civil rights sub- 2004, 2005, 2006, and 2007. Many of us re- large and increasing majority of Amer- committee and worked to establish icans, including Cuban-Americans. member Senator Kennedy turning to civil rights units in U.S. attorney’s of- Esther during the 2007 negotiations not The White House has all the support fices across the country. His work will it needs from the American public, the only so that he could seek her counsel, ensure that civil rights remain a De- but so that other Senators could ben- business community, farmers, ranch- partment priority for years to come. ers, energy companies, faith-based efit from her expertise. Everyone—Re- Steve is a model public servant who ap- groups, academia, the media, the sci- publicans, Democrats, advocates, jour- proaches his job with integrity, tenac- entific and medical community, and so nalists—listened, and everyone was ity, good humor, and sharp negotiating many others across this country to better off for having Esther nearby. skills that I know will serve him well take bold action to expand engagement Esther, like her late boss, has always as he moves back to private practice. with Cuba. There is no time to waste. been driven by a deep commitment to f Ohio is a safer and better place be- making our communities stronger and cause of Steve’s tireless effort and more vibrant. She has advocated on be- TRIBUTE TO STEVEN M. dedication. I commend Steve for his half of immigrant children and she has DETTELBACH years of service and wish him and his fought to reform inhumane detention Mr. LEAHY. Mr. President, I would wonderful family the best in their fu- practices. And she has underscored the like to recognize U.S. Attorney Steven ture endeavors. critical importance of the relationship

VerDate Sep 11 2014 01:59 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.026 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 4, 2016 CONGRESSIONAL RECORD — SENATE S665 between law enforcement and the im- ical union as well. Jean Monnet, often eign fighters. Horrific attacks have migrant community so that all our regarded as the father of the European galvanized European leaders to action, communities are safe. Union, stated that ‘‘we are not forming but significant challenges remain as A Cuban immigrant who came to the coalitions of states, we are uniting the necessity for enhanced counterter- United States at the age of 5, Esther men.’’ This principle serves as the basis rorism and intelligence measures inter- has always sought to advance immigra- for cooperation amongst member act with real concerns regarding pri- tion policies rooted in the American states as they have pooled diplomatic vacy. values of fairness and family. Her life resources to address some of the most Fourth, an alarming nationalist experiences as a child led her to a ca- pressing issues around the world, usu- trend has emerged in several countries reer in immigration law, first helping ally in concert and in lock-step with across the Union. Although nation- low-income immigrants in Florida the United States. In capitals around alism has, of course, existed for years through direct client representation the world, the U.S. works with EU rep- across the Continent, it has been exac- and by cofounding the not-for-profit resentatives to address vexing regional erbated by the migrant crisis. In some legal assistance organization Florida challenges, the provision of humani- countries, governments have embraced Immigrant Advocacy Center, and then tarian assistance, and support for val- a brand of ‘‘illiberal democracy’’ which coming to Washington, DC. ues that we hold dear. calls into question the very democratic I have no doubt that Esther will con- The allure of EU membership has values of the EU and the four freedoms tinue to be an important adviser, but served as a powerful incentive, espe- that make up its core. more importantly a devoted friend to cially for countries in Central and Every member state signed up for so many who have been fortunate to Eastern Europe, to reform and adopt these values when they joined the know her. She is an exemplary public high governance standards in prepara- Union—many of which had to enact dif- servant. I commend Esther for her tion for EU membership. Nowhere else ficult reforms to make them a reality. years of service and wish her and her in the world does such an incentive It is unfortunate and worrying that we family the best in their future endeav- exist; and, while not without its chal- have seen an erosion of support for ors. lenges, this accession process has im- these principles in some corners, a dy- f proved the economic circumstances, namic that deserves increased atten- political rights, and civil liberties of STRENGTHENING THE EUROPEAN tion and understanding. millions across the continent. UNION Fifth, Russia continues to place pres- Today, however, the EU is con- sure on the EU and poses a threat to Mr. CARDIN. Mr. President, today I fronting its most serious crises, which the security of EU countries in the wish to speak about the European collectively threaten the future of the east. Ukraine is the clearest example, Union, to both recognize the peace and European project. These threats to Eu- where Ukrainian aspirations for an as- prosperity that it has brought to Eu- ropean cohesion are both internal and sociation agreement with the EU were rope for more than 75 years and the un- external, between north and south and met with the illegal Russian annex- precedented challenges confronting the east and west, as well as within and ation of Crimea and subsequent inva- union today. outside individual member states. sion of eastern Ukraine. The Senate Foreign Relations Com- First, the refugee and migrant crisis We have worked closely with the EU mittee recently held a hearing on the today consumes policymakers in Brus- to establish and maintain a sanctions threats to the European Union and the sels and across Europe. Tensions have regime on Russia that is having a implications for U.S. foreign policy. grown among member states on the measurable impact. We must stay Our committee was also briefed this right approach to accepting them, as united on sanctions until the Minsk II week by Assistant Secretary of State more than 1 million entered Germany agreement is fully implemented and for European Affairs Victoria Nuland alone in 2015, with the prospect of more Crimea is returned to Ukrainian con- on these issues. in 2016. The heated debate within the trol. Coming out of these discussions, I am Union on how to deal with the crisis absolutely convinced that the U.S. has has called into question the ability of For years, Russia has also sought to an obligation to stand with our friends Brussels to enforce commitments by erode support for EU institutions in Europe during these challenging its member states on borders, though a sustained propaganda cam- times in support of the principles that Schengen visa-free travel, and quotas paign across the Union. We understand we all share: democracy and the rule of associated with resettlement. that Russia works to fund and influ- law, respect for human rights, eco- In recent months, member states ence anti-EU political parties, think nomic prosperity, and peace and secu- have agreed to resettlement quotas and tanks, NGOs, and media voices within rity. border protocols, only to see those the Union and among aspirant coun- I would like to lay out how I see agreements fall apart in quick succes- tries. these challenges threatening the cohe- sion. Some are now concerned that this Russia is using the very strengths of sion and stability of the EU. This is not trend could extend to other EU mem- Europe’s democratic societies against meant to be an exhaustive list, but is ber states’ commitments in areas like it—free press, civil society, and open intended to create a sense of urgency sanctions on Russia. debate. We should be prepared to push among my colleagues regarding the Second, the 2008 financial crisis and back against these revanchist efforts, crises faced by the EU and our trans- the possibility of Greece exiting the not through propaganda, but a clear atlantic alliance. Eurozone drew attention to the fiscal and forceful debate on facts. First, I want to reiterate the remark- policy differences between Europe’s in- Russia has not been reluctant to use able trajectory of the democratic proc- dustrialized north and less developed its energy resources as a weapon as it ess and peace in Europe since the south and shook the foundations of the seeks to pursue its ambitions, includ- World Wars of the last century. Emerg- monetary union. The EU has not yet ing by withholding energy exports to ing from the ashes of World War II, weathered this particular storm, and Europe in order to extract concessions what started as the European Coal and while perhaps not as prominent in the on other issues. Much of Europe im- Steel Community expanded to become news due to other challenges, the fiscal ports a considerable share of its oil and the European Economic Community, situation in Greece remains very pre- gas supplies from Russia. which created a single market for the carious. Member states and the IMF re- The EU plays an important role in free movement of goods, people, cap- main focused on resolving the crisis, negotiating energy deals with Russia ital, and services. The ideal of a single but the natural tension between pain- and must constantly contend with the market guaranteeing freedom of move- ful economic reforms and the associ- threat that the country poses to the ment for all member citizens still un- ated political and humanitarian costs energy needs of member states. The derpins the EU today, as it has grown remains. collective negotiating power the EU from 6 to 28 members. Third, governments across the EU wields with Russia is critical to ensur- This basis in an economic union was are contending with the very real ing the individual energy security of always intended to grow into a polit- threat of domestic terrorism and for- all EU nations.

VerDate Sep 11 2014 01:59 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.058 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S666 CONGRESSIONAL RECORD — SENATE February 4, 2016 Finally, UK Prime Minister Cameron sioner for Refugees, International Or- GENERIC DRUG USER FEE AMEND- is negotiating a new settlement be- ganizations for Migration, and several MENTS: ACCELERATING PATIENT tween Britain and the 27 other mem- outstanding NGOs which work directly ACCESS TO GENERIC DRUGS bers of the EU prior to a referendum with refugees and migrants across Eu- Mr. ALEXANDER. Mr. President, I this summer on the UK’s continued rope. We should be proud of this com- ask unanimous consent to have printed participation in the EU. Although the mitment and continue to support the in the RECORD a copy of my remarks to Prime Minister has said that the ‘‘best most vulnerable populations. the Senate Committee on Health, Edu- Fifth, we should continue to work answer’’ is for the UK to remain part of cation, Labor, and Pensions. closely with the EU and member states a reformed EU, it is up to the British There being no objection, the mate- on working to ensure that the Minsk II citizens to vote to remain within the rial was ordered to be printed in the Union. deal is fully implemented. Success to RECORD, as follows: All of this matters greatly to the date has been rooted in U.S.-EU soli- United States. EU member states in- darity, and we must finish the job—the GENERIC DRUG USER FEE AMENDMENTS: AC- clude some of our oldest and closest al- sanctions regime must remain in place CELERATING PATIENT ACCESS TO GENERIC DRUGS lies in the world. Our partnership with until Minsk II is realized and Crimea is the EU has afforded us the possibility returned to Ukrainian control. In December, the president signed into law Finally, we should continue our ro- the Every Student Succeeds Act, a bill to fix of addressing some of the most chal- No Child Left Behind and proof that this lenging international issues—this part- bust support for Ukraine while holding committee can work together to tackle very nership has made us safer and stronger. the government accountable to difficult issues. We also draw great economic benefit progress in the fight against corrup- But a law not properly implemented isn’t from a stable EU—the Union is our tion. I am concerned by the recent de- worth the paper it’s written on, which is why largest trading partner and our econo- parture of Ukraine’s Minister of Econ- I’m going to be working with Senator Mur- mies are intertwined in beneficial ways omy who resigned in protest against ray to set up a strong oversight process dur- for citizens on both sides of the Atlan- the slow pace of reform and ing 2016 to make sure the teachers, gov- tic. This partnership is vital to our in- anticorruption efforts. ernors, chief state school officers, parents terests, but only works if the EU’s in- The U.S. Congress passed two pieces and students who counted on us to fix that of legislation last year supporting law see that it’s implemented properly. stitutions are vibrant and able to re- We’re here today for a similar purpose: to spond to the challenges before it. Ukraine’s economy, Ukrainian civil so- conduct oversight of the 2012 Food and Drug While many of these problems will be ciety, and the government’s broad- Administration (FDA) Safety and Innovation up to the EU member states to resolve, based reform efforts. Although some Act—specifically the law’s Generic Drug I strongly believe that we should stand progress has been made, we must finish User Fee Amendments, which are fees nego- in solidarity with the Union through the job. tiated between the FDA and generic drug this difficult period and take tangible The success of Ukraine will be the makers to give the agency additional re- action to support our friends. success of Europe and the ideals that sources intended to speed the review of ge- First, we must continue to make have drawn sovereign states to join its neric drugs. clear our support for the democratic ranks for the last 75 years. I call on This is Congress’ first oversight hearing this body to continue to support since these agreements were passed in 2012, principles that serve as the basis for and it comes at a critical time for patients: the EU and should be clear in speaking Ukraine’s reformers throughout civil Despite the FDA receiving nearly $1 billion out against the growing chorus of society and government as they con- in user fees since 2012 as a result of these illiberal voices. The U.S. should reener- tinue to make real strides towards in- user fee agreements, performance is not liv- gize ties with civil society across the tegration with the west and adoption ing up to Congress’ or patients’ expectations, continent, especially in Central and of the democratic ideals that we up- as the number of generic drugs approved per Eastern Europe where strong civil soci- hold. year remains about the same. ety connections established after the More importantly, I again call upon The user fee agreements are due to be re- Cold War atrophied as attention shifted Ukraine’s leaders to prove that they authorized next year, and discussions be- are serious about countering corrup- tween the FDA and industry are already un- elsewhere. derway—making now the appropriate time We also need to reinvigorate the tion. The international community’s for us to better understand whether or not transatlantic dialogue—among govern- patience in this regard exists, but is these 2012 agreements are working to give ments, think tanks, NGOs, and civil so- not limitless. We need to see concrete Americans better access to generic drugs. ciety organizations—on these issues. results soon. The generic drug program, established by The transatlantic relationship always In 2012, the Nobel Peace prize was the Hatch-Waxman Amendments over 30 has and always will benefit from en- awarded in recognition of the EU’s cen- years ago, has had great success increasing hanced ties among our people. tral role in providing stability in Eu- competition and lowering drug prices. The U.S. should also work to develop rope. The chairman of the Nobel com- The program was created to make it easier a new generation of foreign policy and mittee said the following at the cere- for generic drugs to enter the market. security policy leaders and analysts mony: ‘‘We are not gathered here today Let me quickly explain how this works: Once a drug is approved by the FDA, for ex- that focus on Europe and the cen- in the belief that the EU is perfect. We ample, Lipitor—which is widely used to help trality that the continent has for our are gathered in the belief that here in lower cholesterol—no other manufacturer interests. Europe we must solve our problems to- can make that drug for a period of time. Second, we should support European gether. For that purpose we need insti- When that period of time expires, a manufac- efforts to bolster energy security tutions that can enter into the nec- turer may make a copy of that drug—and we across the continent in a way that en- essary compromises. We need institu- call that a generic drug. sures reliability and decreased depend- tions to ensure that both nation-states That generic copy must also have FDA ap- ence on Russian supply. and individuals exercise self-control proval. Third, we should continue to work and moderation. In a world of so many This generic approval process doesn’t in- with Europe on strengthening security, clude full clinical trials, which often are dangers, compromise, self-control and long and expensive, contributing to higher its border controls, and the vitality of moderation are the principal needs of prices for brand drugs. the Schengen visa-free zone. This the 21st century.’’ As a result, more generic drugs in the mar- means sharing of intelligence and best These words continue to ring true ket creates competition and lowers prices for practices on how to prevent terrorist today as pressure on the Union grows. consumers. attacks before they happen. I also want Across the ocean here in the U.S., we And today, 88 percent of prescription drugs to applaud the administration’s inten- should resolutely stand in solidarity purchased in the United States are generic tion to invest $3.4 billion into the Eu- with our friends in Europe and the drugs. ropean Reassurance Initiative, which principles they embrace. Never before However, in 2012, 26 years after the law first passed, it became clear the generic drug will ensure a sustained U.S. military has the EU been so challenged or our approval program needed an overhaul. presence in Europe to help deter fur- transatlantic alliance so valuable. We More generic drugs were coming from over- ther Russian aggression. must bolster our ties this year and seas. Generic drug companies in China and Fourth, we should continue our ro- renew our commitment to a robust India were inspected much less frequently bust support for the UN High Commis- transatlantic relationship. than American companies, putting American

VerDate Sep 11 2014 01:59 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.025 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 4, 2016 CONGRESSIONAL RECORD — SENATE S667 companies at a disadvantage and, more im- and the number of approvals, which to them ADDITIONAL STATEMENTS portantly, putting patients at risk. mean increased market competition, a re- There was a backlog of 4,700 applications duction in drug shortages, and more, lower- waiting to be reviewed, and the median ap- cost drugs available for patients. TRIBUTE TO DWAN EDWARDS AND proval time to get review of a generic drug Another issue we’re hearing a lot about is BROCK OSWEILER was 30 months, far surpassing the 180–day drug pricing—and here are some points to timeframe for review as laid out in the ∑ Mr. DAINES. Mr. President, today I consider: Hatch-Waxman amendments in 1984. wish to recognize two outstanding and Additionally, in 2012, many generic sterile One: While the cost of drugs is a legitimate nationally prominent pro athletes, injectable drugs were in shortage, causing concern for many Americans—it’s part of an Carolina Panthers defensive tackle doctors and hospitals to scramble to ensure even larger problem of rising health care Dwan Edwards and Denver Broncos patients were getting the best treatment costs. possible. backup quarterback Brock Osweiler. Just this week, the Congressional Budget To address these problems, Congress passed I am so proud that Montana will be Office (CBO) announced in its annual ‘‘Budg- the first Generic Drug User Fee Amendments well represented in this year’s Super et and Economic Outlook’’ that for the first (often referred to by its acronym GDUFA or Bowl, and I am so proud to honor these time, federal spending for the major health as congressional staff and industry insiders care programs (Medicare, Medicaid, SCHIP, men for their leadership and athletic call it—‘‘Ga-DOO-Fa’’) as part of the FDA Obamacare) represents the largest fraction— accomplishments. Safety and Innovation Act. Dwan grew up in Columbus, MT, and This built on the success of similar agree- more than 60 percent—of the projected ments that Congress had previously passed growth in mandatory spending in 2016. CBO graduated in 1999 from Columbus High between drug and device manufacturers and notes that this spending is partially driven School. He then went on to play for Or- their regulators in the FDA. by the increase in per capita health care egon State University and eventually This user fee agreement was the first costs. was drafted by the Baltimore Ravens in agreement between the generic industry and Two: While we work to lower the cost of 2004, where he played for five seasons. the FDA on how to improve the review proc- drugs, we need to invest in and incentivize In 2010, he was picked up by the Buffalo ess for generic drugs. the development of life-saving therapies. Bills for two seasons. He signed with With the enactment of these amendments, Congress anticipated: Congress last year added $2 billion in the the Carolina Panthers in 2012 and is One: that generic drug facilities abroad appropriations process, bringing NIH’s total now playing in his 12th NFL season. would be brought up to the same standards budget in FY2016 up to around $32 billion— Dwan has certainly not forgotten as facilities in the United States; and but this is still less than what’s spent in the where he is from. He is currently mak- Two: that American patients would benefit private sector. ing arrangements to bring former Co- from faster approval of generic drugs. These Members of the Pharmaceutical Manufac- lumbus High School football coach two actions would bring more competition to turers of America, who only represent a por- John Smith out to watch Dwan play in the market and lower the price of drugs for tion of the market, spent over $50 billion in consumers. his first Super Bowl game. This sum- FY2014 alone coming up with new cures and mer, he will put on the eighth Dwan But there are concerns about the imple- treatments. mentation of this program. Edwards Elite Football camp, where he Some progress has been made on the back- The clinical trials required to prove that spends a week in Billings helping log of applications for generic drugs—some medicine is safe cost hundreds of millions of young players develop their football progress, but certainly not enough. In 2012 dollars, even for the ninety percent of drugs that fail. In addition, the regulatory ap- skills. there was a backlog of 4,700 pending applica- Brock represents Kalispell, where he tions and that has now dropped to just over proval process is lengthy, which also adds 3,500 applications pending approval, accord- costs. attended Flathead High School. He ing to the Generic Pharmaceutical Associa- As a result of this effort, biotech and drug graduated in 2009 as an honor roll stu- tion. companies big and small have done remark- dent and was coached by Russell The HHS Inspector General has reported able things to help patients with diseases McGarvel. Brock played college foot- that the FDA is improving its inspections like HIV, Cystic Fibrosis, and cancer live ball for Arizona State and was drafted abroad, one of the important goals of the longer, healthier lives—a critical develop- by the Denver Broncos in 2012. user fee agreements. ment we do not want to interrupt. During his time playing in the NFL, But, the troubling news is that it is taking longer for the FDA to get drugs through the Third: To best restrain the growth of drug he has given back to Flathead and its approval process, and according to a survey prices we must encourage investment in life- football program by regularly sending of generic drug makers, the median approval saving therapies, avoid unnecessary regu- letters of encouragement to the high times have slowed from 30 to 48 months. latory burdens that slow down development school team and donating a Flathead According to one estimate, once there are and drive up costs, and ensure the market- Football captains board in 2014. The six or more generic competitors, a drug costs place remains competitive. football team’s captains’ names are about 10 percent of the brand price—so, these For the past year, this committee—in a bi- etched into the board each year, which slower approval times mean less competition partisan way—has been looking at ways to and higher costs for consumers. serves as a great honor for these young reduce unnecessary regulatory burden so we leaders. This slowdown in approval time is despite can get safe, innovative, life-saving thera- the fact that the FDA has received nearly $1 pies into patients’ medicine cabinets more My biggest congratulations goes out billion in user fees since this law was quickly. to both of these fine men for rep- passed—that’s funding that is on top of the resenting the great State of Montana money that Congress annually provides to At the same time, Sens. Collins and well, both on and off the field. Best of the FDA through the appropriations bill. McCaskill, leaders of the Aging Committee, have been examining what improvements luck to you both in Super Bowl 50 this That’s about $300 million a year, or 20 per- ∑ cent of the total amount that the FDA spent may be necessary to ensure that the FDA ex- Sunday. Keep making Montana proud. researching, inspecting, and reviewing all pedites applications for generic drugs to f keep the marketplace competitive, which drugs—generic and brand name alike—in fis- TRIBUTE TO COLONEL JEANNIE cal year 2015. will help keep drug prices down, and I look I understand that the FDA has met most of forward to working with them on that effort. LEAVITT the goals laid out in the agreement for in- The generic drug industry really is a re- ∑ Mr. HELLER. Mr. President, today I dustry user fees for regulatory actions, hir- markable story. Over the last 30 years—ge- wish to congratulate Col. Jeannie ing staff, and increasing inspections. neric drugs have gone from a very small frac- Leavitt on her recent selection as com- But I look forward to hearing whether tion of the marketplace to 88 percent. It’s mander of the 57th Wing at Nellis Air these metrics are the most appropriate, hard to imagine what the prescription drug given I continue to hear that generic drug Force Base. Colonel Leavitt is the first market would look like today without ge- woman to command the wing, making approval is too slow from manufacturers and neric drugs. patients. her the highest ranking female officer While industry provides funding according I look forward to hearing from our witness to command at Nellis AFB. It gives me to the agreement, the American taxpayer, today to learn more about where Congress great pleasure to recognize her through the Congressional appropriations can help make improvements to the regu- achievement in this historic moment. latory process and ensure that the FDA has process, provided over 40 percent for the ge- Colonel Leavitt joined the U.S. Air neric drug review program in fiscal year 2014, the tools it needs to create a generic drug re- according to the FDA’s financial report. view system that functions as Congress in- Force in 1992 after earning her bach- But the data points that matter to Amer- tended and as American patients and tax- elor’s degree in aerospace engineering ican people are generic drug approval times payers deserve. from the University of Texas and her

VerDate Sep 11 2014 01:59 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.035 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S668 CONGRESSIONAL RECORD — SENATE February 4, 2016 master’s degree in aeronautics and as- Ms. Albright began her career coach- missioned in the U.S. Army upon grad- tronautics from Stanford University. ing collegiate basketball in 1981, when uating from the University of Ala- She completed pilot training at the top she served as a graduate assistant for bama, earned his law degree from the of her class in 1992, kicking off the the University of Tennessee. She later University of Alabama School of Law, start of her successful career. Since spent one season as an assistant coach and practiced law in Mobile, AL, as a then, she has logged over 300 hours of at the University of Cincinnati before partner of the firm Wilkins, Druhan & combat, serving in Afghanistan and taking on her first role as head coach Wermuth. While in Mobile, Mike be- Iraq, as well as Operation Southern at Northern Illinois. During her 10 sea- came involved in local politics and Watch. sons with this university, Ms. Albright worked on the senatorial campaign of In 1993, Colonel Leavitt became the led the women’s basketball team in its ADM Jeremiah A. Denton. Upon Admi- first female fighter pilot and later the most successful run in Northern Illi- ral Denton’s election to the Senate, service’s first woman to graduate from nois history with a record of 188 wins Mike and his family moved to Wash- the Air Force Weapons School at Nellis to 110 losses from 1984–94. ington where he served as Senator Den- AFB. In addition, in 2012, she became Following her tenure at Northern Il- ton’s chief counsel and legislative di- the Nation’s first female fighter wing linois, Ms. Albright coached the wom- rector from 1980 to 1987. commander when she assumed com- en’s basketball team at the University After his time in the U.S. Senate, mand of the 4th Fighter Wing at Sey- of Wisconsin, where she revitalized the Mike served in the Department of Jus- mour Johnson Air Force Base in North program. Ms. Albright led this team, tice as a legislative counsel for civil Carolina, and she will now be the first which previously had experienced nine rights and was Deputy Assistant Attor- woman to assume command of the 57th losing seasons, to eight consecutive ney General for legislative affairs. In Wing at the Silver State’s Nellis AFB. winning seasons. Prior to her tenure 1989, he was named Deputy Assistant She is truly a role model, dem- with the University of Nevada, Reno, Secretary of Defense for drug enforce- onstrating a great amount of strength UNR, Ms. Albright served as head ment policy and was instrumental in and courage. coach at Wichita State. the implementation of President I extend my deepest gratitude to Beginning in 2008, Ms. Albright be- George H.W. Bush’s national drug con- Colonel Leavitt for her courageous con- came a member of the Pack, taking on trol strategy that was highly effective tributions to the United States of the role of UNR’s head women’s bas- in reducing drug use and importation. America. Her unwavering dedication to ketball coach. Throughout her first After 30 years of service, Mike retired her career is commendable, and she year at Nevada, Ms. Albright achieved as a colonel in the Army Reserves. stands as a shining example for future the most wins as a first-year coach, That same year, he joined the RAND generations of heroes. Colonel with an overall record of 18 wins to 14 Corporation as the director of its Leavitt’s service to her country and losses. In that same season, she also homeland security program and was her bravery earn her a place among the picked up her 400th career win when the executive director of a Federal ad- outstanding men and women who have Nevada defeated Northern Iowa. In the visory panel on terrorism. During his valiantly defended our nation. 2013–14 season, Ms. Albright led the time at RAND, he worked on a variety As a member of the Senate Veterans’ Wolf Pack in winning 12 Mountain of issues including infrastructure pro- Affairs Committee, I recognize that West games, setting a program record tection, emergency preparedness, risk Congress has a responsibility not only for most conference wins in a single management, border control, and intel- to honor these brave individuals who season and securing the number three ligence. serve our Nation, but also to ensure seed for the Mountain West Champion- After leaving RAND in 2010, Mike they are cared for when they return ships. continued his work as a consultant She was also awarded the 2014 Carol home. Equally as important, it is cru- there and served as an adjunct faculty Eckman Award this season, recog- cial that female servicemembers and member at the Texas A&M University nizing her for her commitment to the veterans have access to their specific Bush School of Government and Public incredible student athletes on her health care needs. There are countless Service. He taught graduate level on- team. On January 27, 2016, Ms. Albright distinguished women who have made line courses in homeland security de- reached her 500th career win, leading fense. His influence in terrorism de- sacrifices beyond measure and deserve the Pack against San Diego State. Her fense strategy was vast, and his endur- nothing but the best treatment. I re- ability as a coach is remarkable, and ing legacy will be his dedication to the main committed to upholding this we are lucky to have someone like Ms. stewardship of the next generation of promise for our veterans and service- Albright representing UNR. members in Nevada and throughout the Aside from her incredible record as a policymakers. I knew Mike for many years. In Mo- Nation and will continue to fight until coach, Ms. Albright also goes above bile, we served in the same Army Re- this becomes a reality. and beyond to keep her team involved During her tenure, Colonel Leavitt in the community, as well as in the serve center. He was a conscientious has demonstrated professionalism, classroom. In 2009–10 alone, UNR and superior officer with a steady sense commitment to excellence, and dedica- logged more than 530 hours of service of duty and love of country. As a top tion to the highest standards of the Air to the city of Reno. Ms. Albright is a member of Senator Denton’s staff, he Force. I am both humbled and honored shining example of true leadership for was dedicated, loyal, and effective. He by her service and am proud to have our community. was tireless in his work to advance the such a distinguished member of the Air Ms. Albright is an inspiration to agenda in which Senator Denton so Force serving in the State of Nevada. many across northern Nevada both on deeply believed. I can say his support Today I ask my colleagues to join me and off the basketball court. Her en- and that of Senator Denton was crit- in recognizing Colonel Leavitt for all thusiasm and passion for her team ical to my appointment as U.S. attor- of her accomplishments and wish her have not gone unnoticed. Today I join ney. In the U.S. Army, the U.S. Senate, well in all of her future endeavors.∑ citizens across the Silver State in con- the Department of Justice, the RAND f gratulating Ms. Albright on this in- Corporation, and as a teacher and law- yer, Mike always excelled. Discipline, TRIBUTE TO JANE ALBRIGHT credible achievement and wish her well as she continues to lead the Nevada work, loyalty, and patriotism were his ∑ Mr. HELLER. Mr. President, today I Wolf Pack.∑ hallmarks. He was indeed a talented wish to congratulate a true role model f American patriot. in the Nevada Wolf Pack community, Michael passed away on November 1, women’s basketball coach Jane REMEMBERING MICHAEL A. 2015. He is survived by his wonderful Albright, on reaching a significant WERMUTH wife of 35 years, Fran; his children, Ken milestone of 500 collegiate basketball ∑ Mr. SESSIONS. Mr. President, today and Heather; and numerous other fam- wins. This is a tremendous accomplish- I wish to recognize the life of Michael ily members. His partner throughout, ment for Ms. Albright, who has dedi- Wermuth of Birmingham, AL. Fran is highly accomplished in her own cated eight seasons to making Nevada Michael Anthony Wermuth was born right having served in top positions women’s basketball the best it can be. in Birmingham, AL, in 1946, was com- within the U.S. Marshals Service. Our

VerDate Sep 11 2014 03:45 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.017 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 4, 2016 CONGRESSIONAL RECORD — SENATE S669 sympathy is extended to her, the fam- yet another successful Newport Winter H. Con. Res. 109. Concurrent resolution au- ily, and friends upon his passing.∑ Carnival.∑ thorizing the use of Emancipation Hall in the Capitol Visitor Center for a ceremony to f f present the Congressional Gold Medal to the 100TH ANNIVERSARY OF THE MESSAGES FROM THE PRESIDENT foot soldiers who participated in the 1965 NEWPORT WINTER CARNIVAL Selma to Montgomery marches. Messages from the President of the f ∑ Mrs. SHAHEEN. Mr. President, the United States were communicated to 100th anniversary Newport Winter Car- the Senate by Mr. Pate, one of his sec- MEASURES REFERRED nival opens this week to great expecta- retaries. The following bill was read the first tions. Citizens in Newport, NH, are f and the second times by unanimous pretty confident that theirs is the old- consent, and referred as indicated: est continuous winter carnival in the EXECUTIVE MESSAGES REFERRED H.R. 1675. An act to direct the Securities Nation, and they are certain it is the As in executive session the Presiding and Exchange Commission to revise its rules very best. Officer laid before the Senate messages so as to increase the threshold amount for Newport is a town of classic New from the President of the United requiring issuers to provide certain disclo- England charm, nestled in the scenic States submitting sundry nominations sures relating to compensatory benefit plans; hills of western New Hampshire. Much to the Committee on Banking, Housing, and which were referred to the Committee Urban Affairs. has changed in Newport since the town on the Judiciary. f held its first winter carnival. A cen- (The messages received today are tury ago, the swift currents of the printed at the end of the Senate pro- EXECUTIVE REPORT OF Sugar River turned water wheels that ceedings.) COMMITTEE powered the town’s prosperous textile f The following executive report of a mills. During long winters, towns- nomination was submitted: MESSAGE FROM THE HOUSE people enjoyed skiing, skating, By Mr. MCCAIN for the Committee on snowshoeing, and other activities that ENROLLED BILLS SIGNED Armed Services. were at the heart of the first Newport The President pro tempore (Mr. *Army nomination of Lt. Gen. John W. Winter Carnival. Nicholson, Jr., to be General. HATCH) reported that he had signed the Today those mills are no longer in following enrolled bills, which were *Nomination was reported with rec- operation, but their handsome brick previously signed by the Speaker of the ommendation that it be confirmed sub- buildings have been repurposed as of- House: ject to the nominee’s commitment to fices, shops, restaurants, and apart- respond to requests to appear and tes- ments. Like many other former mill H.R. 515. An act to protect children and tify before any duly constituted com- others from sexual abuse and exploitation, towns in rural New Hampshire, New- including sex trafficking and sex tourism, by mittee of the Senate. port has weathered economic chal- providing advance notice of intended travel f lenges in recent decades. During many by registered sex offenders outside the INTRODUCTION OF BILLS AND visits over the years, I have admired United States to the government of the JOINT RESOLUTIONS the town’s resilience and indomitable country of destination, requesting foreign spirit, which have earned it the nick- governments to notify the United States The following bills and joint resolu- name ‘‘the Sunshine Town.’’ when a known sex offender is seeking to tions were introduced, read the first Despite a century of dramatic enter the United States, and for other pur- and second times by unanimous con- poses. sent, and referred as indicated: changes and challenges, the Newport H.R. 4188. An act to authorize appropria- Winter Carnival has been a proud con- tions for the Coast Guard for fiscal years 2016 By Mr. BLUNT (for himself, Mr. CRAPO, stant. People from neighboring com- and 2017, and for other purposes. Mr. DAINES, Mr. KIRK, Mr. ISAKSON, munities come to Newport in mid- and Mrs. CAPITO): S. 2497. A bill to amend the Securities Ex- winter to enjoy the warmth and friend- At 11:45 a.m., a message from the change Act of 1934 to provide protections for liness of their neighbors and to have House of Representatives, delivered by retail customers, and for other purposes; to lots of old-fashioned fun. Mrs. Cole, one of its reading clerks, an- the Committee on Banking, Housing, and This year’s carnival will begin with a nounced that the House has passed the Urban Affairs. reenactment. In 1917, a Dartmouth stu- following bill, in which it requests the By Mr. BENNET (for himself and Mr. dent from Newport skied the 29 miles concurrence of the Senate: PORTMAN): from Hanover to his hometown to S. 2498. A bill to amend title XVIII of the H.R. 1675. An act to direct the Securities Social Security Act to establish a pilot pro- enjoy the Winter Carnival. His feat will and Exchange Commission to revise its rules gram to improve care for the most costly be reenacted on Friday by his grandson so as to increase the threshold amount for Medicare fee-for-service beneficiaries and five others, who will light the cere- requiring issuers to provide certain disclo- through the use of comprehensive and effec- monial torch on Newport Common to sures relating to compensatory benefit plans. tive care management while reducing costs start the festival. Festivities this year The message also announced that the to the Federal Government for these bene- include the traditional Carnival Queen House agrees to the concurrent resolu- ficiaries, and for other purposes; to the Com- contest, a parade and talent pageant, tion (S. Con. Res. 28) to establish the mittee on Finance. broom hockey games, skijoring, and an Joint Congressional Committee on In- By Mr. HATCH (for himself, Mr. RUBIO, Mr. BARRASSO, and Mr. JOHNSON): arm wrestling competition with augural Ceremonies for the inaugura- S. 2499. A bill to amend the Internal Rev- ‘‘armed and ready’’ Cathy Merrill, a tion of the President-elect and Vice enue Code of 1986 to improve access to health Newport resident who recently won President-elect of the United States on care through expanded health savings ac- gold medals at the U.S. Arm Wrestling January 20, 2017. counts, and for other purposes; to the Com- Nationals. The carnival will close on The message further announced that mittee on Finance. Sunday evening, February 14, with a the House agrees to the concurrent res- By Mr. BENNET: fireworks display. olution (S. Con. Res. 29) to authorize S. 2500. A bill to provide for the establish- the use of the rotunda and Emanci- ment of a health insurance premium reduc- I salute the Newport carnival com- tion program to ensure that health insur- mittee and the scores of additional vol- pation Hall of the Capitol by the Joint ance premiums remain low for American unteers who put in countless hours to Congressional Committee on Inaugural families; to the Committee on Health, Edu- make the carnival a success. For them, Ceremonies in connection with the pro- cation, Labor, and Pensions. this is truly a labor of love. I also sa- ceedings and ceremonies conducted for By Ms. MURKOWSKI: lute the townspeople and families of the inauguration of the President-elect S. 2501. A bill to amend the Internal Rev- Newport, who warmly welcome visitors and the Vice President-elect of the enue Code of 1986 to modify the exemption United States. for certain aircraft from the excise taxes on not only for the carnival, but year- transportation by air; to the Committee on round, and always make us proud to be The message also announced that the Finance. Granite Staters. House has agreed to the following con- By Mr. ISAKSON (for himself, Mr. Congratulations to the entire New- current resolution, in which it requests KIRK, Mr. COTTON, Mr. DAINES, and port community, and I wish everyone the concurrence of the Senate: Mr. WICKER):

VerDate Sep 11 2014 03:34 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.036 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S670 CONGRESSIONAL RECORD — SENATE February 4, 2016 S. 2502. A bill to amend the Employee Re- CARDIN, Mr. CARPER, Mr. CASEY, Mr. ENZI) was added as a cosponsor of S. tirement Income Security Act of 1974 to en- CASSIDY, Mr. COATS, Mr. COCHRAN, 800, a bill to improve, coordinate, and sure that retirement investors receive advice Ms. COLLINS, Mr. COONS, Mr. CORKER, enhance rehabilitation research at the in their best interests, and for other pur- Mr. CORNYN, Mr. COTTON, Mr. CRAPO, National Institutes of Health. poses; to the Committee on Health, Edu- Mr. CRUZ, Mr. DAINES, Mr. DONNELLY, cation, Labor, and Pensions. Mr. DURBIN, Mr. ENZI, Mrs. ERNST, S. 979 By Mrs. MURRAY: Mrs. FEINSTEIN, Mrs. FISCHER, Mr. At the request of Mr. NELSON, the S. 2503. A bill to establish requirements for FLAKE, Mr. FRANKEN, Mr. GARDNER, name of the Senator from Connecticut reusable medical devices relating to cleaning Mrs. GILLIBRAND, Mr. GRAHAM, Mr. (Mr. BLUMENTHAL) was added as a co- instructions and validation data, and for GRASSLEY, Mr. HATCH, Mr. HEINRICH, sponsor of S. 979, a bill to amend title other purposes; to the Committee on Health, Ms. HEITKAMP, Mr. HELLER, Ms. 10, United States Code, to repeal the HIRONO, Mr. HOEVEN, Mr. INHOFE, Mr. Education, Labor, and Pensions. requirement for reduction of survivor By Mr. WYDEN (for himself, Mr. ISAKSON, Mr. JOHNSON, Mr. KAINE, annuities under the Survivor Benefit MERKLEY, and Mrs. MURRAY): Mr. KING, Mr. KIRK, Ms. KLOBUCHAR, S. 2504. A bill to amend the Controlled Sub- Mr. LANKFORD, Mr. LEAHY, Mr. LEE, Plan by veterans’ dependency and in- stances Act to allow for advertising relating Mr. MANCHIN, Mr. MARKEY, Mr. demnity compensation, and for other to certain activities in compliance with MCCAIN, Mrs. MCCASKILL, Mr. purposes. State law; to the Committee on the Judici- MENENDEZ, Mr. MERKLEY, Ms. MIKUL- S. 1049 SKI, Mr. MORAN, Ms. MURKOWSKI, Mr. ary. At the request of Ms. HEITKAMP, the MURPHY, Mrs. MURRAY, Mr. NELSON, By Mr. KIRK (for himself, Mr. ISAKSON, name of the Senator from Indiana (Mr. Mr. BLUNT, Ms. AYOTTE, Mr. COTTON, Mr. PERDUE, Mr. PETERS, Mr. DONNELLY) was added as a cosponsor of and Mr. WICKER): PORTMAN, Mr. REED, Mr. RISCH, Mr. S. 2505. A bill to amend the Internal Rev- ROBERTS, Mr. ROUNDS, Mr. RUBIO, Mr. S. 1049, a bill to allow the financing by enue Code of 1986 to ensure that retirement SANDERS, Mr. SASSE, Mr. SCHATZ, Mr. United States persons of sales of agri- investors receive advice in their best inter- SCHUMER, Mr. SCOTT, Mr. SESSIONS, cultural commodities to Cuba. ests, and for other purposes; to the Com- Mrs. SHAHEEN, Mr. SHELBY, Ms. STA- S. 1239 mittee on Finance. BENOW, Mr. SULLIVAN, Mr. TESTER, At the request of Mr. DONNELLY, the By Mr. LEAHY (for himself, Mr. Mr. THUNE, Mr. TILLIS, Mr. TOOMEY, name of the Senator from South Da- FRANKEN, Mr. BLUMENTHAL, Mr. DUR- Mr. UDALL, Mr. VITTER, Mr. WARNER, BIN, and Mr. WHITEHOUSE): Ms. WARREN, Mr. WHITEHOUSE, Mr. kota (Mr. THUNE) was added as a co- S. 2506. A bill to restore statutory rights to WICKER, and Mr. WYDEN): sponsor of S. 1239, a bill to amend the the people of the United States from forced S. Res. 364. A resolution relative to the Clean Air Act with respect to the eth- arbitration; to the Committee on the Judici- death of Marlow Cook, former United States anol waiver for the Reid vapor pressure ary. Senator for the Commonwealth of Kentucky; limitations under that Act. By Mr. SULLIVAN: considered and agreed to. S. 1302 S. 2507. A bill to amend title 38, United f States Code, to provide payment of Medal of At the request of Mr. TESTER, the Honor special pension under such title to the ADDITIONAL COSPONSORS name of the Senator from New Jersey surviving spouse of a deceased Medal of S. 356 (Mr. BOOKER) was added as a cosponsor Honor recipient, and for other purposes; to At the request of Mr. LEE, the name of S. 1302, a bill to amend the Family the Committee on Veterans’ Affairs. of the Senator from Montana (Mr. and Medical Leave Act of 1993 to pro- By Mr. UDALL (for himself, Mr. TESTER) was added as a cosponsor of S. vide leave because of the death of a son BLUMENTHAL, and Ms. KLOBUCHAR): 356, a bill to improve the provisions re- or daughter. S. 2508. A bill to reduce sports-related con- lating to the privacy of electronic com- cussions in youth, and for other purposes; to S. 1455 the Committee on Commerce, Science, and munications. At the request of Mr. MARKEY, the Transportation. S. 524 name of the Senator from Rhode Island By Mr. CARPER (for himself, Mr. At the request of Mr. WHITEHOUSE, (Mr. REED) was added as a cosponsor of PORTMAN, Mr. JOHNSON, Mr. KING, the name of the Senator from Montana S. 1455, a bill to provide access to medi- Ms. HEITKAMP, and Mr. LANKFORD): (Mr. TESTER) was added as a cosponsor cation-assisted therapy, and for other S. 2509. A bill to improve the Government- of S. 524, a bill to authorize the Attor- purposes. wide management of Federal property; to the ney General to award grants to address S. 1890 Committee on Homeland Security and Gov- the national epidemics of prescription ernmental Affairs. At the request of Mr. HATCH, the opioid abuse and heroin use. name of the Senator from Wyoming f S. 591 (Mr. ENZI) was added as a cosponsor of SUBMISSION OF CONCURRENT AND At the request of Mr. BLUNT, the S. 1890, a bill to amend chapter 90 of SENATE RESOLUTIONS name of the Senator from Illinois (Mr. title 18, United States Code, to provide KIRK) was added as a cosponsor of S. The following concurrent resolutions Federal jurisdiction for the theft of 591, a bill to amend the Internal Rev- and Senate resolutions were read, and trade secrets, and for other purposes. enue Code of 1986 to permanently ex- referred (or acted upon), as indicated: S. 1982 tend the new markets tax credit, and By Mr. BURR (for himself and Mr. for other purposes. At the request of Mr. CARDIN, the TILLIS): name of the Senator from Hawaii (Ms. S. 681 S. Res. 362. A resolution recognizing the HIRONO) was added as a cosponsor of S. contributions of the Montagnard indigenous At the request of Mrs. GILLIBRAND, the names of the Senator from South 1982, a bill to authorize a Wall of Re- tribespeople of the Central Highlands of membrance as part of the Korean War Vietnam to the United States Armed Forces Dakota (Mr. ROUNDS) and the Senator Veterans Memorial and to allow cer- during the Vietnam War, and condemning from New Jersey (Mr. BOOKER) were the ongoing violation of human rights by the added as cosponsors of S. 681, a bill to tain private contributions to fund the Government of the Socialist Republic of amend title 38, United States Code, to Wall of Remembrance. Vietnam; to the Committee on Foreign Rela- clarify presumptions relating to the ex- S. 2021 tions. posure of certain veterans who served At the request of Mr. BOOKER, the By Mr. BROWN (for himself and Mr. name of the Senator from Illinois (Mr. PORTMAN): in the vicinity of the Republic of Viet- S. Res. 363. A resolution congratulating the nam, and for other purposes. DURBIN) was added as a cosponsor of S. University of Mount Union football team for S. 728 2021, a bill to prohibit Federal agencies winning the 2015 National Collegiate Ath- At the request of Mr. SCHUMER, the and Federal contractors from request- letic Association Division III Football Cham- name of the Senator from Montana ing that an applicant for employment pionship; considered and agreed to. (Mr. TESTER) was added as a cosponsor disclose criminal history record infor- By Mr. MCCONNELL (for himself, Mr. of S. 728, a bill to provide for programs mation before the applicant has re- REID, Mr. PAUL, Mr. ALEXANDER, Ms. and activities with respect to the pre- ceived a conditional offer, and for AYOTTE, Ms. BALDWIN, Mr. BARRASSO, vention of underage drinking. other purposes. Mr. BENNET, Mr. BLUMENTHAL, Mr. BLUNT, Mr. BOOKER, Mr. BOOZMAN, S. 800 S. 2185 Mrs. BOXER, Mr. BROWN, Mr. BURR, At the request of Mr. KIRK, the name At the request of Ms. HEITKAMP, the Ms. CANTWELL, Mrs. CAPITO, Mr. of the Senator from Wyoming (Mr. names of the Senator from New Jersey

VerDate Sep 11 2014 07:38 Jun 09, 2016 Jkt 049060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD16\FEB2016\S04FE6.REC S04FE6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 4, 2016 CONGRESSIONAL RECORD — SENATE S671 (Mr. MENENDEZ) and the Senator from COATS) was added as a cosponsor of S. AMENDMENT NO. 3249 Hawaii (Mr. SCHATZ) were added as co- 2464, a bill to implement equal protec- At the request of Mr. KIRK, his name sponsors of S. 2185, a bill to require the tion under the 14th Amendment to the was added as a cosponsor of amend- Secretary of the Treasury to mint Constitution of the United States for ment No. 3249 intended to be proposed coins in recognition of the fight the right to life of each born and to S. 2012, an original bill to provide for against breast cancer. preborn human person. the modernization of the energy policy S. 2332 S. 2466 of the United States, and for other pur- At the request of Mr. HATCH, the At the request of Mr. PETERS, the poses. name of the Senator from Iowa (Mrs. name of the Senator from Delaware f ERNST) was added as a cosponsor of S. (Mr. CARPER) was added as a cosponsor 2332, a bill to amend the National Child STATEMENTS ON INTRODUCED of S. 2466, a bill to amend the Safe BILLS AND JOINT RESOLUTIONS Protection Act of 1993 to establish a Water Drinking Act to authorize the permanent background check system. Administrator of the Environmental By Mr. WYDEN (for himself, Mr. S 2373 ERKLEY, and Mrs. MURRAY): . Protection Agency to notify the public M S. 2504. A bill to amend the Con- At the request of Ms. CANTWELL, the if a State agency and public water sys- trolled Substances Act to allow for ad- name of the Senator from Colorado tem are not taking action to address a vertising relating to certain activities (Mr. BENNET) was added as a cosponsor public health risk associated with of S. 2373, a bill to amend title XVIII of in compliance with State law; to the drinking water requirements. the Social Security Act to provide for Committee on the Judiciary. Medicare coverage of certain S. 2487 Mr. WYDEN. Mr. President, today I lymphedema compression treatment At the request of Mrs. BOXER, the am introducing the Marijuana Adver- items as items of durable medical name of the Senator from California tising In Legal States Act to allow equipment. (Mrs. FEINSTEIN) was added as a co- small businesses and newspapers in S. 2377 sponsor of S. 2487, a bill to direct the States that have legalized marijuana At the request of Mr. REID, the name Secretary of Veterans Affairs to iden- to advertise marijuana products. of the Senator from New Mexico (Mr. tify mental health care and suicide In the last few years, voters in Or- HEINRICH) was added as a cosponsor of prevention programs and metrics that egon, Washington, Colorado and Alaska S. 2377, a bill to defeat the Islamic are effective in treating women vet- overwhelmingly approved initiatives to State of Iraq and Syria (ISIS) and pro- erans as part of the evaluation of such legalize the adult use and sale of mari- tect and secure the United States, and programs by the Secretary, and for juana. Additionally, 23 States, the Dis- for other purposes. other purposes. trict of Columbia and Guam have legal- S. 2415 S. 2495 ized full medical marijuana programs, At the request of Mr. FLAKE, the At the request of Mr. CRAPO, the and 17 more States have approved more name of the Senator from North Caro- name of the Senator from Alabama limited medical marijuana programs. lina (Mr. TILLIS) was added as a co- (Mr. SESSIONS) was added as a cospon- In many of these States, State-ap- sponsor of S. 2415, a bill to implement sor of S. 2495, a bill to amend the So- proved dispensaries are up and running, integrity measures to strengthen the cial Security Act relating to the use of bringing the industry out of the shad- EB–5 Regional Center Program in order determinations made by the Commis- ows of the black market and creating a to promote and reform foreign capital sioner. safe, regulated system in much of investment and job creation in Amer- S. RES. 184 America. Despite passage of these state laws, ican communities. At the request of Mr. BOOKER, the S. 2423 name of the Senator from Connecticut marijuana remains stuck in the past as a Schedule I substance according to the At the request of Mrs. SHAHEEN, the (Mr. BLUMENTHAL) was added as a co- name of the Senator from New York sponsor of S. Res. 184, a resolution ex- Federal Controlled Substances Act, (Mrs. GILLIBRAND) was added as a co- pressing the sense of the Senate that CSA. This designation means it is a fel- sponsor of S. 2423, a bill making appro- conversion therapy, including efforts ony to distribute, possess or consume priations to address the heroin and by mental health practitioners to it. Recognizing this discrepancy, the opioid drug abuse epidemic for the fis- change the sexual orientation, gender Obama administration issued a memo- cal year ending September 30, 2016, and identity, or gender expression of an in- randum in 2013 which held: so long as for other purposes. dividual, is dangerous and harmful and certain enforcement criteria were met, S. 2446 should be prohibited from being prac- Federal law enforcement entities At the request of Mr. HOEVEN, the ticed on minors. would not interfere with legal state name of the Senator from Missouri marijuana activity. Congress then fol- S. RES. 349 (Mr. BLUNT) was added as a cosponsor lowed suit and barred the Department of S. 2446, a bill to amend subtitle D of At the request of Mr. ROBERTS, the of Justice from expending resources in the Solid Waste Disposal Act to en- names of the Senator from Louisiana contravention of state medical mari- courage recovery and beneficial use of (Mr. VITTER), the Senator from Arkan- juana laws. coal combustion residuals and estab- sas (Mr. BOOZMAN), the Senator from However, since marijuana is des- lish requirements for the proper man- Louisiana (Mr. CASSIDY), the Senator ignated as a Schedule I substance, ac- agement and disposal of coal combus- from Ohio (Mr. BROWN), the Senator cording to Federal law it is still unlaw- tion residuals that are protective of from Minnesota (Mr. FRANKEN), the ful for anyone to place an advertise- human health and the environment. Senator from West Virginia (Mr. ment for marijuana, including a med- S. 2452 MANCHIN), the Senator from South Da- ical marijuana product, in any news- At the request of Mr. MORAN, the kota (Mr. ROUNDS), the Senator from paper, magazine, handbill or other pub- names of the Senator from Pennsyl- Wyoming (Mr. ENZI) and the Senator lication, even if that activity is legal vania (Mr. TOOMEY) and the Senator from Vermont (Mr. LEAHY) were added under State law. This creates a legally from Georgia (Mr. PERDUE) were added as cosponsors of S. Res. 349, a resolu- conflicted reality in States, like Or- as cosponsors of S. 2452, a bill to pro- tion congratulating the Farm Credit egon, where marijuana is legal for hibit the use of funds to make pay- System on the celebration of its 100th those marijuana businesses that seek ments to Iran relating to the settle- anniversary. to advertise in local newspapers, as ment of claims brought before the Iran- S. RES. 355 well as for the many newspapers United States Claims Tribunal until At the request of Ms. HEITKAMP, the around the country that rely on adver- Iran has paid certain compensatory name of the Senator from Hawaii (Mr. tising revenue. damages awarded to United States per- SCHATZ) was added as a cosponsor of S. Further complicating the matter, the sons by United States courts. Res. 355, a resolution designating the United States Postal Service, USPS, S. 2464 week beginning February 7, 2016, as recently declared that it is illegal to At the request of Mr. PAUL, the name ‘‘National Tribal Colleges and Univer- mail any items, including newspapers, of the Senator from Indiana (Mr. sities Week’’. which contain advertisements offering

VerDate Sep 11 2014 01:59 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.013 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S672 CONGRESSIONAL RECORD — SENATE February 4, 2016 to buy or sell marijuana, even if the into a private, shadow justice program. the cost of bringing an individual arbi- marijuana-related activity is in com- Some of the contracts people sign auto- tration almost certainly outweighs the pliance with a state law. The USPS matically, with little, tiny type, say: If lost wages any worker would receive. stated that if it uncovers any items we overbill you, if we give you defec- Forced arbitration has also been a fa- deemed to be ‘‘non-mailable,’’ it would tive equipment, if we do anything to vorite tool for well-heeled corporations report the item to the Postal Inspec- you, it will go to arbitration. Guess to make an end-run around our civil tion Service, which would refer it to a what. The only people who primarily rights laws. When working women are law enforcement agency for investiga- get to pick the arbitrators are those paid less for doing the same job; when minorities are denied promotions de- who side with the corporations. tion. Despite the 2013 Obama adminis- spite their success; or when banks tar- tration memo indicating Federal law Mr. President, I am introducing this get poor minority neighborhoods with enforcement would not interfere, these legislation on behalf of myself, Mr. predatory loans, the closed and unac- businesses are concerned. Small busi- FRANKEN, Mr. BLUMENTHAL, Mr. DUR- countable forum of private arbitration nesses and community newspapers rely BIN, and Mr. WHITEHOUSE. lets them conceal their discriminatory on the USPS to reach their customers, Today I want to speak about a prob- actions. especially in rural areas. The USPS lem that many Americans are unaware This system of forced arbitration de- policy could have the effect of stopping of but that affects all of us in our daily nies individuals access to justice. But all written marijuana advertisements lives. When Americans sign cell phone it also guts vital protections we have agreements, rent an apartment, or ac- fought for in our laws. Whether we are in states that have already made the cept a contract for a job, most of us talking about family and medical decision to legalize marijuana, which focus on the service we are about to re- would be a blow to newspapers and ceive or that we are about to provide. leave, equal pay, or crucial civil rights small businesses that are already What Americans do not realize—until protections, what strength do our laws have when the legal process Congress struggling financially. it is too late—is that too often we are also signing away crucial legal rights. created to enforce them is stripped My proposal would create a narrow away without recourse? Through legal exception in CSA to allow for the writ- Legal fine print tips the scales against us. It is forcing consumers into private fine print, corporations are giving ten advertisement of an activity, in- arbitration, denying us of our constitu- themselves a ‘‘get out of jail free’’ pass volving marijuana, if it is in compli- tional right to protect ourselves in that guts citizens’ rights and shields ance with State law. court and to have others learn about bad actors from accountability. I am pleased to be joined on this bill the harm caused by corporations. When Congress passed the Federal by my colleague from Oregon Senator This problem has meaningful, real- Arbitration Act, it was intended to JEFF MERKLEY who has worked closely world implications for Americans’ abil- give sophisticated businesses an alter- with me over the years to ensure that ity to seek justice. When victims are native venue to resolve their disputes. the decision that Oregon voters made forced into private arbitration, their There is a valid role for arbitration cases proceed without public record. at the polls is respected by the Federal when parties choose it willingly, after The cases cannot serve as precedent for a dispute arises, as an alternative to Government. future injustices, and the plaintiffs— Mr. President, I ask unanimous con- court. But arbitration should not be hardworking consumers—cannot ob- forced upon consumers and workers sent that the text of the bill be printed tain a meaningful appeal. An arbi- through take-it-or-leave it contracts in the RECORD. trator is selected by the corporate de- they have no real choice but to accept. fendant, creating incentives that favor There being no objection, the text of And it should not—it must not—pre- the bill was ordered to printed in the repeat corporate players. In many cases, forced arbitration stops victims’ vent Americans from enforcing their RECORD, as follows: legal actions altogether: by requiring rights under fundamental State and S. 2504 victims to waive their legal right to Federal laws. Be it enacted by the Senate and House of Rep- join with other victims in a class ac- Nor should Federal law interfere resentatives of the United States of America in tion, arbitration clauses often remove when States take action to address the Congress assembled, the crucial tool that plaintiffs need to injustice of forced arbitration. A full 47 SECTION 1. SHORT TITLE. afford pursuing their claims. of our 50 States have tried to protect This Act may be cited as the ‘‘Marijuana The injustice of forced arbitration af- their citizens in some way from forced Advertising in Legal States Act of 2016’’ or fects consumers, workers, seniors, vet- arbitration, but these efforts have been the ‘‘MAILS Act’’. erans, and families in every State thwarted by Federal law. In Vermont, SEC. 2. AMENDMENT. across the country. The cases are lawmakers required that arbitration heart-wrenching. In one recent case, a Section 403(c)(1) of the Controlled Sub- clauses be accompanied by a written pregnant woman suffered a tragic mis- acknowledgement signed by both par- stances Act (21 U.S.C. 843(c)(1)) is amended carriage and was not able to work for 7 by adding at the end the following: ‘‘This ties, to ensure that consumers were days. When she returned to work, she aware of them. This reasonable, com- paragraph does not apply to an advertise- was fired. When this woman attempted ment to the extent that the advertisement monsense requirement was invalidated to hold her employer accountable in because it conflicted with Federal law. relates to an activity, involving marihuana, court for violating the Family and that is in compliance with the law of the Medical Leave Act and her State’s Following a 2011 Supreme Court case, State in which that activity takes place.’’. pregnancy discrimination laws, her AT&T v. Concepcion, other efforts in case was forced into private arbitra- Vermont and across the country to By Mr. LEAHY (for himself, Mr. tion. We do not know the outcome of protect citizens from forced arbitration FRANKEN, Mr. BLUMENTHAL, Mr. the case, but that is precisely the prob- have also been invalidated. Vermonters DURBIN, and Mr. WHITEHOUSE): lem. In private arbitration, there is no who tried to sue their phone service S. 2506. A bill to restore statutory way to know if she obtained justice, no provider for disturbing them with un- rights to the people of the United precedent to deter other employers wanted text messages and Vermont States from forced arbitration; to the from such behavior, and no public ac- drivers who tried to sue their car insur- Committee on the Judiciary. countability for the corporation that ers over coverage have all been forced may have violated both State and Fed- into private arbitration despite con- Mr. LEAHY. Mr. President, I rise to eral law. flicting measures in Vermont law. This discuss legislation I am introducing In another recent case, an hourly em- restriction on States’ authority is today to protect workers and families ployee at a hospital realized she was wrong, especially when the enforce- in Vermont and across the country who not being paid for all of the time she ability of contracts is traditionally an are being forced to give up crucial worked because her employer’s payroll area left to State law. This is not a rights because of legal fine print forced system was ‘‘rounding down’’ her time. partisan issue. Both Republican and on them by corporations. When she attempted to bring a class Democratic attorneys general have re- The Restoring Statutory Rights Act action on behalf of all the hourly em- peatedly spoken out against the Fed- ployees at the hospital, her lawsuit was eral Arbitration Act’s intrusion on combats the injustice of forced arbitra- dismissed and forced into individual ar- tion. It will ensure that hardworking State sovereignty and a State’s com- bitration. To seek justice, the hospital pelling interest in protecting the men and women can vindicate their employees must now pay to bring their rights in court instead of being forced complaints case-by-case, even though health and welfare of its citizens.

VerDate Sep 11 2014 04:15 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 8472 E:\CR\FM\A04FE6.015 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 4, 2016 CONGRESSIONAL RECORD — SENATE S673 Congress must act to stop these story of a man who suffered from de- I ask others to please join me in abuses. That is why today I am intro- mentia and was eventually checked fighting back against mandatory arbi- ducing legislation to limit the injus- into a nursing home. Twenty-one days tration and cosponsor the Restoring tice of forced arbitration and protect after entering the home, it became Statutory Rights Act and the Arbitra- Americans’ right to seek justice in our clear to the man’s family that his life tion Fairness Act. courts. The Restoring Statutory Rights was in danger; he was rapidly losing Mr. President, I yield the floor. Act will ensure that critical State and weight and had fallen into a coma. He f Federal laws can actually be effective, was then sent to a hospital, where it SUBMITTED RESOLUTIONS by ensuring that citizens cannot be was discovered that he was suffering stripped of their ability to enforce from ‘‘profound dehydration.’’ Unfortu- their rights using our independent jus- nately, the hospital could not correct SENATE RESOLUTION 362—RECOG- tice system. It will also ensure that the harm caused by the nursing home, NIZING THE CONTRIBUTIONS OF when States take action to address and the man died shortly thereafter. THE MONTAGNARD INDIGENOUS forced arbitration, they are not pre- He was 71 years old. Then, instead of TRIBESPEOPLE OF THE CEN- empted by an overbroad reading of our being able to take the nursing home to TRAL HIGHLANDS OF VIETNAM Federal arbitration laws. court, the man’s family was forced to TO THE UNITED STATES ARMED This effort is supported by the Lead- settle their wrongful death claim FORCES DURING THE VIETNAM ership Conference for Civil and Human through arbitration. When all was said WAR, AND CONDEMNING THE ON- Rights, the National Employment Law- and done, the arbitrators actually re- GOING VIOLATION OF HUMAN yers’ Association, Americans For Fi- ceived greater compensation than the RIGHTS BY THE GOVERNMENT nancial Reform, Alliance for Justice, family, and the nursing home got away OF THE SOCIALIST REPUBLIC OF Earthjustice and consumer groups such with a slap on the wrist. VIETNAM as Consumers Union, Public Citizen, Egregious cases like that of this Min- Mr. BURR (for himself and Mr. the National Consumer Law Center, nesota family are not rare. Time and TILLIS) submitted the following resolu- and Consumers for Auto Reliability again, arbitration clauses stack the tion; which was referred to the Com- and Safety. These groups and many deck in favor of big business and mittee on Foreign Relations: others have worked tirelessly to high- against consumers, as if the deck light the injustice of forced arbitration weren’t stacked enough already. As the S. RES. 362 and the unparalleled scope and number number of unbelievable stories grows, Whereas the Montagnards are an indige- of people it affects. the need for reform has become clearer nous tribespeople living in Vietnam’s Cen- All Senators should care about the and more urgent. That is why I am tral Highlands region; Whereas the Montagnards were driven into implications of forced arbitration for proud to be joining Senator LEAHY, as the mountains by invading Vietnamese and statutes that this body writes, debates, well as Senators BLUMENTHAL, DURBIN, Cambodians in the 9th century; and enacts into law. Senators should and WHITEHOUSE, in introducing the Whereas French Roman Catholic mission- also care about their home States’ abil- Restoring Statutory Rights Act to en- aries converted many of the Montagnards in ity to protect consumers from uncon- sure that Americans can enforce their the 19th century and American Protestant scionable contracts when their State civil rights. missionaries subsequently converted many chooses to act. I urge Members to sup- As Members of Congress, we have to various Protestant sects; port this bill. fought hard to pass legislation that Whereas, during the 1960s, the United Mr. LEAHY. Mr. President, I yield States Mission in Saigon, the Central Intel- will protect Americans from discrimi- ligence Agency (CIA), and United States the floor. nation. This critical work is under- Army Special Forces, also known as the The PRESIDING OFFICER. The Sen- mined, however, if we strip away their Green Berets, trained the Montagnards in ator from Minnesota. right to go to court and instead force unconventional warfare; Mr. FRANKEN. Mr. President, I rise these claims into a privatized justice Whereas an estimated 61,000 Montagnards, today to discuss the widespread and system. out of an estimated population of 1,000,000, harmful impact of forced arbitration— Remember that corporations can fought alongside the United States and the mandatory arbitration. Last Novem- write the rules for the arbitration pro- Army of the Republic of Vietnam (ARVN) ber, the New York Times published a ceedings; everything can be done in se- forces against the North Vietnamese Army three-part investigative series, which I and the Viet Cong; cret, without public rulings; discovery Whereas the Central Intelligence Agency, recommend to every Member, on the can be limited, making it hard for con- United States Special Forces, and the pervasive use of forced arbitration—or sumers to get the evidence they need Montagnards cooperated on the Village De- mandatory arbitration. Mandatory ar- to prove their case; and there is no fense Program, a forerunner to the War’s bitration is a privatized system of jus- meaningful judicial review, so there is Strategic Hamlet Program, and an estimated tice that corporations rely on when not much a consumer or an employee 43,000 Montagnards were organized into ‘‘Ci- their customers or workers seek justice can do if the arbitrator gets it wrong. vilian Irregular Defense Groups’’ (CIDGs) to for being cheated, injured, or mis- It is simply not fair. provide protection for the areas around the treated. I have also introduced with a number CIDGs’ operational bases; Whereas, at its peak, the CIDGs had ap- The series in the New York Times, of colleagues my own bill, the Arbitra- proximately 50 operational bases, with each while shocking, illustrates something tion Fairness Act, which would fix base containing a contingent of two United that I have been saying for a long time: these unfair practices by amending the States Army officers and ten enlisted men, Mandatory arbitration agreements— Federal Arbitration Act to prohibit the and an ARVN unit of the same size, and each forced arbitration agreements, which use of mandatory, predispute arbitra- base trained 200 to 700 Montagnards, or are often buried in the fine print of em- tion agreements in consumer, employ- ‘‘strikers’’; ployment and service contracts, se- ment, civil rights, and anti-trust cases. Whereas another 18,000 Montagnards were verely restrict Americans’ access to This bill gives Americans a real choice: reportedly enlisted into mobile strike forces, and various historical accounts describe a justice by stripping consumers and If a consumer or worker wants to take strong bond between the United States Spe- workers of their legal rights and insu- his claim into arbitration, then, by all cial Forces and the Montagnards, in contrast lating corporations from liability. means, he is free to do so, provided to Vietnamese Special Forces and ARVN From nursing home contracts and em- that the corporation is willing to do so troops; ployment agreements to credit card as well. However, if the consumer or Whereas the lives of thousands of members and cell phone contracts, corporate employee wants to go to court, that op- of the United States Armed Forces were America uses forced arbitration clauses tion will once again be available. saved as a result of the heroic actions of the to rig the system against ordinary To put it simply, both of these bills Montagnards, who fought loyally and brave- are about reopening the courthouse ly alongside United States Special Forces in Americans in a wide variety of cases. the Vietnam War; My staff recently heard from a Min- doors to American consumers and Whereas, after the fall of the Republic of nesota lawyer who represents families workers, because the courthouse doors Vietnam in 1975, thousands of Montagnards with serious injury and wrongful death never should have been closed in the fled across the border into Cambodia to es- claims. He told the heartbreaking first place. cape persecution;

VerDate Sep 11 2014 01:59 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G04FE6.041 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S674 CONGRESSIONAL RECORD — SENATE February 4, 2016 Whereas the Government of the reunified when vigilance in monitoring such abuses (2) continued a 103-game regular season Vietnamese nation, renamed the Socialist ceases’’: Now, therefore, be it winning streak, which began in 2005; and Republic of Vietnam, deeply distrusted the Resolved, That the Senate— (3) won the Ohio Athletic Conference Montagnards who had sided with the United (1) recognizes the contributions of the championship, which was— States and ARVN forces and subjected them Montagnards who fought loyally and bravely (A) the 24th consecutive Ohio Athletic Con- to imprisonment and various forms of dis- with United States Armed Forces during the ference title won by the Purple Raiders; and crimination and oppression after the Viet- Vietnam War and who continue to suffer per- (B) the 27th conference title won by the nam War ended; secution in Vietnam as a result of this rela- Purple Raiders; Whereas, after the Vietnam War, the tionship; Whereas, in the 2015 football season— United States Government resettled large (2) condemns ongoing actions by the Gov- (1) the junior offensive lineman of the Pur- numbers of Montagnards, mostly in North ernment of Vietnam to suppress basic human ple Raiders, number 52, was named the win- Carolina, and an estimated several thousand rights and civil liberties for all its citizens; ner of the Division III Rimington Award, Montagnards currently reside in North Caro- (3) calls on the Government of Vietnam to which is awarded to the most outstanding lina, which is the largest population of allow human rights groups access to all re- center in NCAA Division III football; Montagnards residing outside of Vietnam; gions of the country and to end restrictions (2) the senior defensive lineman of the Pur- Whereas the Socialist Republic of Vietnam of basic human rights, including the right ple Raiders, number 90, was named to the currently remains a one-party state, ruled for Montagnards to practice their Christian American Football Coaches Association Di- and controlled by the Communist Party of faith freely, the right to land and property, vision III Coaches’ All-America team; Vietnam (CPV), which continues to restrict freedom of movement, the right to retain (3) the senior linebacker of the Purple freedom of religion, movement, land and ethnic identity and culture, and access to an Raiders, number 4, a 3-time team captain, property rights, and political expression; adequate standard of living; and was named— Whereas officials of the Government of (4) urges the President and Congress to de- (A) a winner of the NCAA ELITE 90 award Vietnam have forced Montagnards to pub- velop policies that support Montagnards and for the third straight year; and licly denounce their religion, arrested and other marginalized ethnic minority and in- (B) the Academic All-American of the Year imprisoned Montagnards who organized pub- digenous populations in Vietnam and reflect for Division III football by the College lic demonstrations, and mistreated United States interests and commitment to Sports Information Directors of America; Montagnards in detention; upholding human rights and democracy and Whereas some Montagnard Americans have abroad. (4) the senior safety of the Purple Raiders, number 31, was named 1 of the 10 finalists for complained that Vietnamese authorities ei- f ther have prevented them from visiting Viet- the Gagliardi Trophy, which is awarded to nam or have subjected them to interrogation SENATE RESOLUTION 363—CON- the top all-around player in NCAA Division upon re-entering the country on visits; GRATULATING THE UNIVERSITY III football; Whereas the Department of State’s 2014 OF MOUNT UNION FOOTBALL Whereas the President and the director of Country Reports on Human Rights Practices TEAM FOR WINNING THE 2015 NA- athletics of the University of Mount Union (‘‘2014 Human Rights Report’’) documents have fostered a continuing tradition of ath- TIONAL COLLEGIATE ATHLETIC letic and academic excellence at the Univer- that, despite Vietnam’s significant economic ASSOCIATION DIVISION III FOOT- growth, some indigenous and ethnic minor- sity of Mount Union; ity communities benefitted little from im- BALL CHAMPIONSHIP Whereas the University of Mount Union proved economic conditions, even though Mr. BROWN (for himself and Mr. has proven to be a perennial championship contender in NCAA Division III football; and such communities formed a majority of the PORTMAN) submitted the following res- population in certain areas, including the Whereas the marching band, cheerleaders, olution; which was considered and students, faculty, alumni, and fans of the Northwest and Central Highlands and por- agreed to: tions of the Mekong Delta; University of Mount Union have supported Whereas the 2014 Human Rights Report S. RES. 363 the Purple Raiders through a season filled states that, although Vietnamese law pro- Whereas, on December 18, 2015, the Univer- with triumph: Now, therefore, be it hibits discrimination against ethnic minori- sity of Mount Union Purple Raiders football Resolved, That the Senate— ties, such social discrimination was long- team (referred to in this preamble as the (1) congratulates the University of Mount standing and persistent, notably in the Cen- ‘‘Purple Raiders’’) won the 2015 National Col- Union Purple Raiders football team for win- tral Highlands; legiate Athletic Association (referred to in ning the 2015 National Collegiate Athletic Whereas the 2014 Human Rights Report this preamble as the ‘‘NCAA’’) Division III Association Division III Football Champion- documents that land rights protesters have Football Championship with a 49 to 35 vic- ship; reported regular instances of government au- tory over the University of St. Thomas (2) recognizes the players, coaches, staff, thorities physically harassing and intimi- Tommies; and fans of the University of Mount Union dating them at land expropriation sites Whereas the head coach of the Purple Purple Raiders football team, whose hard around the country; Raiders led the team to a national cham- work led to the team winning the 2015 Na- Whereas, in its 2015 Annual Report, the pionship win in his third year as the head tional Collegiate Athletic Association Divi- United States Commission on International coach of the Purple Raiders; sion III Football Championship; and Religious Freedom (USCIRF) references the Whereas the University of Mount Union (3) respectfully requests that the Secretary accounts of Montagnards, including children, has won 12 national championships in NCAA of the Senate prepare an official copy of this fleeing persecution in Vietnam to seek ref- Division III football; resolution for presentation to— ugee status in Cambodia, only to suffer Whereas the victory of the Purple Raiders (A) the President of the University of harsh conditions while hiding in the jungles broke their own record for the most national Mount Union; and forcibly returned to Vietnam by Cam- titles in football held by a program in any (B) the director of athletics of the Univer- bodian officials; division; sity of Mount Union; and Whereas USCIRF reports the Government Whereas the Purple Raiders defeated the (C) the head coach of the University of of Vietnam continues to detain numerous 2014 national champion, the University of Mount Union football team. prisoners of conscience and the number of Wisconsin-Whitewater Warhawks, in the f new church registrations is exceptionally semifinal of the 2015 season, 36 to 6, to ad- low when compared to the thousands of con- vance to the national championship game; SENATE RESOLUTION 364—REL- gregations that either choose to remain Whereas, in the 2015 national championship ATIVE TO THE DEATH OF independent or are denied registration, leav- game— MARLOW COOK, FORMER UNITED ing them no choice but to operate illegally; (1) the running back of the Purple Raiders, STATES SENATOR FOR THE COM- Whereas the Department of State’s 2014 number 34, rushed for 220 yards and 2 touch- MONWEALTH OF KENTUCKY International Religious Freedom Report doc- downs on 25 carries; uments that leaders of unregistered Protes- (2) the quarterback of the Purple Raiders, Mr. MCCONNELL (for himself, Mr. tant denominations continued to report that number 11, threw for 201 yards and 3 touch- REID of Nevada, Mr. PAUL, Mr. ALEX- local authorities in the Central Highlands downs with zero interceptions; ANDER, Ms. AYOTTE, Ms. BALDWIN, Mr. discriminated against their followers by (3) the wide receiver of the Purple Raiders, BARRASSO, Mr. BENNET, Mr. threatening to exclude them from state pro- number 3, caught 5 passes for 127 yards, in- BLUMENTHAL, Mr. BLUNT, Mr. BOOKER, grams if they did not denounce their faith cluding a 63-yard catch; Mr. BOOZMAN, Mrs. BOXER, Mr. BROWN, and that students who were openly Protes- (4) the freshman defensive back of the Pur- Mr. BURR, Ms. CANTWELL, Mrs. CAPITO, tant often suffered discrimination; and ple Raiders, number 21, recorded the only Mr. CARDIN, Mr. CARPER, Mr. CASEY, Whereas USCIRF recommends that Viet- interception by any player in the game; nam be designated a Country of Particular Whereas, in the 2015 football season, the Mr. CASSIDY, Mr. COATS, Mr. COCHRAN, Concern (CPC) as ongoing human rights vio- Purple Raiders— Ms. COLLINS, Mr. COONS, Mr. CORKER, lations ‘‘serve as a cautionary tale of the po- (1) finished with a record of 14 wins and Mr. CORNYN, Mr. COTTON, Mr. CRAPO, tential for backsliding in religious freedoms zero losses; Mr. CRUZ, Mr. DAINES, Mr. DONNELLY,

VerDate Sep 11 2014 01:59 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.018 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 4, 2016 CONGRESSIONAL RECORD — SENATE S675 Mr. DURBIN, Mr. ENZI, Mrs. ERNST, Mrs. for other purposes; which was ordered to lie modity Futures Trading Commission, the FEINSTEIN, Mrs. FISCHER, Mr. FLAKE, on the table. Department of Energy, the Federal Trade SA 3281. Ms. MURKOWSKI submitted an Mr. FRANKEN, Mr. GARDNER, Mrs. Commission, and the Federal Energy Regu- amendment intended to be proposed to latory Commission, shall conduct a study— GILLIBRAND, Mr. GRAHAM, Mr. GRASS- amendment SA 3263 submitted by Mr. INHOFE (1) to identify the factors that affect the LEY, Mr. HATCH, Mr. HEINRICH, Ms. and intended to be proposed to the amend- pricing of crude oil, refined petroleum prod- HEITKAMP, Mr. HELLER, Ms. HIRONO, ment SA 2953 proposed by Ms. MURKOWSKI to ucts, natural gas, and electricity; and Mr. HOEVEN, Mr. INHOFE, Mr. ISAKSON, the bill S. 2012, supra; which was ordered to (2) to review and assess— Mr. JOHNSON, Mr. KAINE, Mr. KING, Mr. lie on the table. (A) existing statutory authorities and reg- SA 3282. Ms. MURKOWSKI submitted an KIRK, Ms. KLOBUCHAR, Mr. LANKFORD, ulatory coordination relating to the over- amendment intended to be proposed to Mr. LEAHY, Mr. LEE, Mr. MANCHIN, Mr. sight and regulation of markets critical to amendment SA 3129 submitted by Ms. STABE- the energy security of the United States; and MARKEY, Mr. MCCAIN, Mrs. MCCASKILL, NOW (for herself and Mr. PETERS) and in- (B) the need for additional information col- Mr. MENENDEZ, Mr. MERKLEY, Ms. MI- tended to be proposed to the amendment SA lection for and statutory authority within 2953 proposed by Ms. MURKOWSKI to the bill KULSKI, Mr. MORAN, Ms. MURKOWSKI, the Federal Government to effectively over- S. 2012, supra; which was ordered to lie on Mr. MURPHY, Mrs. MURRAY, Mr. NEL- see and regulate physical markets critical to the table. SON, Mr. PERDUE, Mr. PETERS, Mr. SA 3283. Ms. MURKOWSKI submitted an the energy security of the United States. PORTMAN, Mr. REED of Rhode Island, amendment intended to be proposed to (b) ELEMENTS OF STUDY.—The study shall include— Mr. RISCH, Mr. ROBERTS, Mr. ROUNDS, amendment SA 3247 submitted by Ms. STABE- (1) an examination of price formation of Mr. RUBIO, Mr. SANDERS, Mr. SASSE, NOW (for herself and Mr. PETERS) and in- crude oil, refined petroleum products, nat- Mr. SCHATZ, Mr. SCHUMER, Mr. SCOTT, tended to be proposed to the amendment SA ural gas, and electricity in physical markets; Mr. SESSIONS, Mrs. SHAHEEN, Mr. 2953 proposed by Ms. MURKOWSKI to the bill S. 2012, supra; which was ordered to lie on (2) an examination of relevant inter- SHELBY, Ms. STABENOW, Mr. SULLIVAN, the table. national regulatory regimes; Mr. TESTER, Mr. THUNE, Mr. TILLIS, Mr. SA 3284. Ms. MURKOWSKI submitted an (3) an examination of changes in energy TOOMEY, Mr. UDALL, Mr. VITTER, Mr. amendment intended to be proposed to market transparency, liquidity, and struc- WARNER, Ms. WARREN, Mr. WHITE- amendment SA 3248 submitted by Ms. STABE- ture and the impact of those changes on HOUSE, Mr. WICKER, and Mr. WYDEN) NOW (for herself and Mr. PETERS) and in- price formation in physical markets; submitted the following resolution; tended to be proposed to the amendment SA (4) an examination of the effect of in- which was considered and agreed to: 2953 proposed by Ms. MURKOWSKI to the bill creased financial investment in energy com- S. 2012, supra; which was ordered to lie on modities on energy prices and the energy se- S. RES. 364 the table. curity of the United States; and Whereas Marlow Cook was born in New SA 3285. Ms. MURKOWSKI submitted an (5) an examination of the owners of the 50 York in 1926; amendment intended to be proposed to largest volumes of oil and natural gas, as Whereas during World War II, Marlow Cook amendment SA 3249 submitted by Ms. STABE- well as storage and transportation capacity entered the United States Navy at age seven- NOW (for herself and Mr. PETERS) and in- for each. teen and served in the submarine service in tended to be proposed to the amendment SA (c) REPORT AND RECOMMENDATIONS.—The the Atlantic and Pacific Oceans; 2953 proposed by Ms. MURKOWSKI to the bill Energy Information Administration shall Whereas Marlow Cook graduated from Uni- S. 2012, supra; which was ordered to lie on issue a final report not later than 1 year versity of Louisville Law School in 1950, was the table. after the date of enactment of this Act admitted to the Kentucky bar and practiced SA 3286. Mr. HELLER (for himself and Mr. that— law in Louisville, Kentucky; HEINRICH) submitted an amendment intended (1) describes the results of the study; and Whereas Marlow Cook was elected to the to be proposed to amendment SA 2953 pro- (2) provides options for appropriate addi- Kentucky House of Representatives in 1957 in posed by Ms. MURKOWSKI to the bill S. 2012, tional Federal regulatory coordination of which he served two terms and was elected supra; which was ordered to lie on the table. oversight and regulatory actions to ensure as a Jefferson County judge in 1961 and re- SA 3287. Ms. MURKOWSKI submitted an transparency of energy product pricing and elected in 1965; amendment intended to be proposed by her the elimination of excessive speculation, in- Whereas Marlow Cook as Jefferson County to the bill S. 2012, supra; which was ordered cluding recommendations on data collection judge purchased and refurbished the boat to lie on the table. and analysis to be carried out by the Energy SA 3288. Mr. MERKLEY (for himself and known today as the Belle of Louisville, an Information Administration. Mr. WYDEN) submitted an amendment in- essential element of the famed annual Ken- (d) CONSULTATION.—In conducting the tended to be proposed to amendment SA 2953 tucky Derby Festival; study, the Energy Information Administra- proposed by Ms. MURKOWSKI to the bill S. Whereas Marlow Cook was first elected to tion shall consult, as appropriate, with rep- 2012, supra; which was ordered to lie on the the United States Senate in 1968 and served resentatives of the various exchanges, clear- table. as a Senator for the Commonwealth of Ken- SA 3289. Mr. CARPER submitted an amend- inghouses, self-regulatory bodies, other tucky until 1974; ment intended to be proposed to amendment major market participants, consumers, and the general public. Whereas Marlow Cook was the first Roman SA 2953 proposed by Ms. MURKOWSKI to the Catholic elected to major statewide office in bill S. 2012, supra; which was ordered to lie SA 3281. Ms. MURKOWSKI submitted the Commonwealth of Kentucky; on the table. Whereas Marlow Cook was known for his SA 3290. Mr. ALEXANDER (for himself and an amendment intended to be proposed integrity, humility and dedication to public Mr. MERKLEY) submitted an amendment in- to amendment SA 3263 submitted by service: Now, therefore, be it tended to be proposed to amendment SA 2953 Mr. INHOFE and intended to be proposed Resolved, That the Senate has heard with proposed by Ms. MURKOWSKI to the bill S. to the amendment SA 2953 proposed by profund sorrow and deep regret the an- 2012, supra; which was ordered to lie on the Ms. MURKOWSKI to the bill S. 2012, to nouncement of the death of the Honorable table. Marlow Cook, former member of the United provide for the modernization of the f States Senate. energy policy of the United States, and Resolved, That the Secretary of the Senate TEXT OF AMENDMENTS for other purposes; which was ordered to lie on the table; as follows: communicate these resolutions to the House SA 3280. Ms. CANTWELL submitted of Representatives and transmit an enrolled an amendment intended to be proposed In lieu of the matter proposed to be in- copy thereof to the family of the deceased. to amendment SA 3077 submitted by serted, insert the following: Resolved, That when the Senate adjourns Subtitle I—Prevention and Protection From Mr. ROBERTS (for himself and Mr. BOOZ- today, it stand adjourned as a further mark Lead Exposure of respect to the memory of the Honorable MAN) and intended to be proposed to SEC. 4801. DRINKING WATER INFRASTRUCTURE. Marlow Cook. the amendment SA 2953 proposed by (a) DEFINITIONS.—In this section: URKOWSKI f Ms. M to the bill S. 2012, to (1) ADMINISTRATOR.—The term ‘‘Adminis- provide for the modernization of the trator’’ means the Administrator of the En- AMENDMENTS SUBMITTED AND energy policy of the United States, and PROPOSED vironmental Protection Agency. for other purposes; which was ordered (2) ELIGIBLE STATE.—The term ‘‘eligible SA 3280. Ms. CANTWELL submitted an to lie on the table; as follows: State’’ means a State for which the Presi- amendment intended to be proposed to In lieu of the matter proposed to be strick- dent has declared an emergency under the amendment SA 3077 submitted by Mr. ROB- en, insert the following: Robert T. Stafford Disaster Relief and Emer- ERTS (for himself and Mr. BOOZMAN) and in- SEC. 4501. STUDY ON ENERGY MARKET REGU- gency Assistance Act (42 U.S.C. 5121 et seq.) tended to be proposed to the amendment SA LATORY COORDINATION AND INFOR- relating to the public health threats associ- 2953 proposed by Ms. MURKOWSKI to the bill MATION COLLECTION. ated with the presence of lead or other con- S. 2012, to provide for the modernization of (a) STUDY.—The Energy Information Ad- taminants in a public drinking water supply the energy policy of the United States, and ministration, in consultation with the Com- system.

VerDate Sep 11 2014 01:59 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.020 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S676 CONGRESSIONAL RECORD — SENATE February 4, 2016

(3) ELIGIBLE SYSTEM.—The term ‘‘eligible the Treasury not otherwise appropriated, duct voluntary surveillance activities to system’’ means a public drinking water sup- $50,000,000, to remain available for obligation evaluate any adverse health effects on indi- ply system that is the subject of an emer- for 1 year after the date on which the viduals exposed to lead from drinking water; gency declaration referred to in paragraph amounts are made available, to provide addi- and (2). tional grants to eligible States pursuant to (2) provide for those individuals consulta- (b) STATE REVOLVING LOAN FUND ASSIST- section 1452 of the Safe Drinking Water Act tions regarding health issues relating to that ANCE.— (42 U.S.C. 300j–12) for the purposes described exposure. (1) IN GENERAL.—An eligible system shall in subsection (b)(2). SEC. 4802. LOAN FORGIVENESS. be— (B) SUPPLEMENTED INTENDED USE PLANS.— The matter under the heading ‘‘STATE AND (A) considered to be a disadvantaged com- The Administrator shall disburse to an eligi- TRIBAL ASSISTANCE GRANTS’’ under the head- munity under section 1452(d) of the Safe ble State amounts made available under sub- ing ‘‘ENVIRONMENTAL PROTECTION Drinking Water Act (42 U.S.C. 300j–12(d)); and paragraph (A) by not later than 30 days after AGENCY’’ in title II of division G of the Con- (B) eligible to receive loans with additional the date on which the eligible State submits solidated Appropriations Act, 2016 (Public subsidization under that Act (42 U.S.C. 300f to the Administrator a supplemented in- Law 114–113), is amended in paragraph (1), by et seq.), including forgiveness of principal tended use plan under section 1452(b) of the striking the semicolon at the end and insert- under section 1452(d)(1) of that Act (42 U.S.C. Safe Drinking Water Act (42 U.S.C. 300j– ing the following: ‘‘or, if a Federal emer- 300j–12(d)(1)). 12(b)) that includes preapplication informa- gency declaration has been issued due to a (2) AUTHORIZATION.— tion regarding projects to be funded using threat to public health from heightened ex- (A) IN GENERAL.—Using funds provided the additional assistance, including, with re- posure to lead in a municipal drinking water under subsection (f)(1)(A), an eligible State spect to each such project— supply, before the date of enactment of this may provide assistance to an eligible system (i) a description of the project; Act: Provided further, That in a State in within the eligible State, for the purpose of (ii) an explanation of the means by which which such an emergency declaration has addressing lead or other contaminants in the project will address a situation causing a been issued, the State may use more than 20 drinking water, including repair and replace- declared emergency in the eligible State; percent of the funds made available under ment of public and private drinking water (iii) the estimated cost of the project; and this title to the State for Drinking Water infrastructure. (iv) the projected start date for construc- State Revolving Fund capitalization grants (B) INCLUSION.—Assistance under subpara- tion of the project. to provide additional subsidy to eligible re- graph (A) may include additional subsidiza- (C) UNOBLIGATED AMOUNTS.—Any amounts cipients;’’. tion under the Safe Drinking Water Act (42 made available to the Administrator under SEC. 4803. DISCLOSURE OF PUBLIC HEALTH U.S.C. 300f et seq.), as described in paragraph subparagraph (A) that are unobligated on the THREATS FROM LEAD EXPOSURE. (1)(B). date that is 1 year after the date on which (a) EXCEEDANCE OF LEAD ACTION LEVEL.— (3) LIMITATION.—Section 1452(d)(2) of the the amounts are made available shall be Section 1414(c) of the Safe Drinking Water Safe Drinking Water Act (42 U.S.C. 300j– available to carry out the Water Infrastruc- Act (42 U.S.C. 300g–3(c)) is amended— 12(d)(2)) shall not apply to— ture Finance and Innovation Act of 2014 (33 (1) in paragraph (1), by adding at the end (A) any funds provided under subsection U.S.C. 3901 et seq.), to remain available until the following: (f)(1)(A); or expended. ‘‘(D) Notice of any exceedance of a lead ac- tion level or any other prescribed level of (B) any other loan provided to an eligible (D) APPLICABILITY.—Section 1452(b)(1) of lead in a regulation issued under section system. the Safe Drinking Water Act (42 U.S.C. 300j– 1412, including the concentrations of lead (c) WATER INFRASTRUCTURE FINANCING.— 12(b)(1)) shall not apply to a supplement to found in a monitoring activity or any other (1) SECURED LOANS.— an intended use plan under subparagraph (B). (A) IN GENERAL.—The Administrator may level of lead determined by the Adminis- (2) WIFIA FUNDING.— make a secured loan to an eligible State to trator to warrant notice, either on a case- (A) APPROPRIATION.—There is appropriated carry out a project to address lead or other specific or more general basis.’’; to the Administrator, out of any moneys in contaminants in drinking water in an eligi- (2) in paragraph (2)— the Treasury not otherwise appropriated, ble system. (A) by redesignating subparagraphs (D) and $50,000,000, to remain available until ex- (B) AMOUNT.—Notwithstanding section (E) as subparagraphs (E) and (F), respec- pended, to provide credit subsidies and ad- 5029(b)(2) of the Water Infrastructure Fi- tively; and ministrative costs, in consultation with the nance and Innovation Act of 2014 (33 U.S.C. (B) by inserting after subparagraph (C) the Director of the Office of Management and 3908(b)(2)), the amount of a secured loan pro- following: Budget, for secured loans under subsection vided under subparagraph (A) may be equal ‘‘(D) EXCEEDANCE OF LEAD ACTION LEVEL.— (c)(1)(A) in an amount equal to not more to not more than 80 percent of the reason- Regulations issued under subparagraph (A) than $600,000,000 to eligible States under the ably anticipated costs of the projects. shall specify notification procedures for an Water Infrastructure Finance and Innova- (2) FEDERAL INVOLVEMENT.—Notwith- exceedance of a lead action level or any tion Act of 2014 (33 U.S.C. 3901 et seq.). standing section 5029(b)(9) of the Water Infra- other prescribed level of lead in a regulation (B) DEADLINE.—The Administrator and the structure Finance and Innovation Act of 2014 issued under section 1412.’’; Director of the Office of Management and (33 U.S.C. 3908(b)(9)), any costs for a project (3) by redesignating paragraphs (3) and (4) Budget shall provide to an eligible State a to address lead or other contaminants in as paragraphs (4) and (5), respectively; and credit subsidy under subparagraph (A) by not drinking water in an eligible system that are (4) by inserting after paragraph (2) the fol- later than 60 days after the date of receipt of not covered by a secured loan under para- lowing: a loan application from the eligible State. graph (1) may be covered using amounts in ‘‘(3) NOTIFICATION OF THE PUBLIC RELATING (C) USE.—Secured loans provided pursuant the State revolving loan fund under section TO LEAD.— to subparagraph (A) shall be available for ac- 1452 of the Safe Drinking Water Act (42 ‘‘(A) EXCEEDANCE OF LEAD ACTION LEVEL.— tivities to address lead and other contami- U.S.C. 300j–12). Not later than 15 days after the date of being nants in drinking water, including repair and (d) ASSET MANAGEMENT PLAN.—Any indi- notified by the primary agency of an exceed- replacement of public and private drinking vidual or entity that carries out construc- ance of a lead action level or any other pre- water infrastructure. tion of infrastructure using assistance pro- scribed level of lead in a regulation issued (3) APPLICABILITY.—Unless explicitly vided under this section shall develop and under section 1412, including the concentra- waived, all requirements under section implement, in consultation with the Admin- tions of lead found in a monitoring activity istrator and appropriate officials of the ap- 1450(e) of the Safe Drinking Water Act (42 or any other level of lead determined by the plicable eligible State, a strategic and sys- U.S.C.300j–9(e)) and the Water Infrastructure Administrator to warrant notice, either on a tematic process of operating, maintaining, Finance and Innovation Act of 2014 (33 U.S.C. case-specific or more general basis, the Ad- and improving affected physical assets, with 3901 et seq.) shall apply to funding provided ministrator shall notify the public of the a focus on engineering and economic anal- under this subsection. concentrations of lead found in the moni- ysis based on quality information, to iden- (g) OFFSET.—There is rescinded the unobli- tify a structured sequence of maintenance, gated balance of amounts made available to toring activity conducted by the public preservation, repair, rehabilitation, and re- carry out section 1703 of the Energy Policy water system if the public water system or placement actions that will achieve and sus- Act of 2005 (42 U.S.C. 16513). the State does not notify the public of the tain a desired state of good repair during the (h) HEALTH EFFECTS EVALUATION.—Pursu- concentrations of lead found in a monitoring lifecycle of the assets at minimum prac- ant to section 104(i)(1)(E) of the Comprehen- activity. ticable cost. sive Environmental Response, Compensa- ‘‘(B) RESULTS OF LEAD MONITORING.— (e) NONDUPLICATION OF WORK.—An activity tion, and Liability Act (42 U.S.C. ‘‘(i) IN GENERAL.—The Administrator may carried out pursuant to this section shall not 9604(i)(1)(E)), and on receipt of a request of provide notice of any result of lead moni- duplicate the work or activity of any other an appropriate State or local health official toring conducted by a public water system Federal or State department or agency. of an eligible State, the Director of the to— (f) FUNDING.— Agency for Toxic Substances and Disease ‘‘(I) any person that is served by the public (1) ADDITIONAL SRF CAPITALIZATION Registry of the National Center for Environ- water system; or GRANTS.— mental Health shall— ‘‘(II) the local or State health department (A) APPROPRIATION.—There is appropriated (1) in coordination with other Federal de- of a locality or State in which the public to the Administrator, out of any moneys in partments and agencies, as appropriate, con- water system is located.

VerDate Sep 11 2014 01:59 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.023 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 4, 2016 CONGRESSIONAL RECORD — SENATE S677

‘‘(ii) FORM OF NOTICE.—The Administrator havioral, and developmental impacts, as well Appropriations, Energy and Commerce, may provide the notice described in clause as other health or educational impacts asso- Transportation and Infrastructure, and Over- (i) by— ciated with lead exposure, including cancer, sight and Government Reform of the House ‘‘(I) press release; or heart disease, liver disease, neurological im- of Representatives a report on the status of ‘‘(II) other form of communication, includ- pacts, developmental delays, reproductive any ongoing investigations into the Federal ing local media.’’. health impacts, and maternal and fetal and State response to the contamination of (b) CONFORMING AMENDMENTS.—Section health impacts. the drinking water supply of the City of 1414 (c) of the Safe Drinking Water Act (42 (3) Without duplicating other Federal ef- Flint, Michigan. U.S.C. 300g–3(c)) is amended— forts, develop or recommend that the Sec- (b) REVIEW.—Not later than 30 days after (1) in paragraph (1)(C), by striking ‘‘para- retary develop or support the development the completion of the investigations de- graph (2)(E)’’ and inserting ‘‘paragraph of, through a grant or contract, lead mitiga- scribed in subsection (a), the Comptroller (2)(F)’’; tion recommendations and allocate re- General of the United States shall commence (2) in paragraph (2)(B)(i)(II), by striking sources, as appropriate, for health-, edu- a review of issues that are not addressed by ‘‘subparagraph (D)’’ and inserting ‘‘subpara- cation-, and nutrition-related interventions, the investigations and relating to— graph (E)’’; and as well as other interventions, to mitigate (1) the adequacy of the response by the (3) in paragraph (3)(B), in the first sen- lead exposure in children and adults. State of Michigan and the City of Flint to the drinking water crisis in Flint, Michigan, tence, by striking ‘‘(D)’’ and inserting ‘‘(E)’’. (4) Establish a partnership with the Re- including the timeliness and transparency of SEC. 4804. CENTER OF EXCELLENCE ON LEAD EX- gional Center of Excellence on Nutrition the response, as well as the capacity of the POSURE. Education of the Department of Agriculture State and City to manage the drinking water (a) DEFINITIONS.—In this section: to provide any relevant nutrition informa- system; and (1) CENTER.—The term ‘‘Center’’ means the tion for lead mitigation, including— (2) the adequacy of the response by Region Center of Excellence on Lead Exposure es- (A) identifying and implementing best 5 of the Environmental Protection Agency to tablished under subsection (b). practices in nutrition education regarding the drinking water crisis in Flint, Michigan, (2) CITY.—The term ‘‘City’’ means a City lead-mitigating foods; and including the timeliness and transparency of that has been exposed to lead through a (B) making recommendations and con- water system or other source. the response. ducting outreach to improve access to lead- (c) CONTENTS OF REPORT.—Not later than 1 (3) COMMUNITY.—The term ‘‘community’’ mitigating foods in the community. year after commencing each review under means the community of the City. (5) Without duplicating other Federal ef- subsection (b), the Comptroller General of (4) SECRETARY.—The term ‘‘Secretary’’ forts, conduct or recommend that the Sec- the United States shall submit to Congress a means the Secretary of Health and Human retary conduct or support, through a grant report that includes— Services. or contract, education and outreach efforts (1) a statement of the principal findings of (5) STATE.—The term ‘‘State’’ means a for the City and State, including the fol- the review; and State containing a City that has been ex- lowing: (2) recommendations for Congress and the posed to lead through a water system or (A) Create a publicly accessible website President to take any actions to prevent a other source. that provides, at minimum, details about the similar situation in the future and to protect (b) ESTABLISHMENT.—The Secretary may, health registry for City residents, available public health. by contract, grant, or cooperative agree- testing and other services through the Cen- ment, establish a center to be known as the ter for City residents and other communities SA 3282. Ms. MURKOWSKI submitted ‘‘Center of Excellence on Lead Exposure’’. impacted by lead exposure, any relevant in- an amendment intended to be proposed (c) COLLABORATION.—The Center shall col- formation regarding health and educational laborate with relevant Federal agencies, re- to amendment SA 3129 submitted by impacts of lead exposure, any relevant infor- search institutions, hospitals, Federally Ms. STABENOW (for herself and Mr. mation on mitigation services, and any re- qualified health centers, school-based health PETERS) and intended to be proposed to search conducted through the Center. centers, community behavioral health pro- the amendment SA 2953 proposed by (B) Conduct at least 2 meetings annually in viders, and State and local public health the City to discuss the ongoing impact of Ms. MURKOWSKI to the bill S. 2012, to agencies in the development and operation of lead exposure on residents and solicit com- provide for the modernization of the the Center. munity input regarding ongoing mitigation energy policy of the United States, and (d) ADVISORY COMMITTEE.— needs. for other purposes; which was ordered (1) IN GENERAL.—The Center shall establish an advisory committee to provide scientific (C) Establish a navigation program to con- to lie on the table; as follows: and technical support for the Center and to nect City residents to available Federal, In lieu of the matter proposed to be in- advise the Secretary, consisting of, at a min- State, and local resources and programs that serted, insert the following: imum— assist with cognitive, developmental, and Subtitle I—Prevention and Protection From (A) an epidemiologist; health problems associated with lead expo- Lead Exposure sure. (B) a toxicologist; SEC. 4801. DRINKING WATER INFRASTRUCTURE. (f) REPORT.—Annually, the Secretary shall (C) a mental health professional; (a) DEFINITIONS.—In this section: submit to the Committees on Finance, (D) a pediatrician; (1) ADMINISTRATOR.—The term ‘‘Adminis- Health, Education, Labor, and Pensions, and (E) an early childhood education expert; trator’’ means the Administrator of the En- (F) a special education expert; Agriculture, Nutrition, and Forestry of the vironmental Protection Agency. Senate and the Committees on Education (G) a dietician; (2) ELIGIBLE STATE.—The term ‘‘eligible (H) an environmental health expert; and and the Workforce, Energy and Commerce, State’’ means a State for which the Presi- (I) 2 community representatives. and Agriculture of the House of Representa- dent has declared an emergency under the tives a report— (2) APPLICATION OF FACA.—The advisory Robert T. Stafford Disaster Relief and Emer- committee shall be subject to the Federal (1) assessing the impacts of the Center on gency Assistance Act (42 U.S.C. 5121 et seq.) Advisory Committee Act (5 U.S.C. App.). City health and education systems and out- relating to the public health threats associ- (e) RESPONSIBILITIES.—The Center shall, at comes; ated with the presence of lead or other con- minimum, develop and carry out the fol- (2) describing any research conducted by or taminants in a public drinking water supply lowing components and responsibilities: in connection with the Center; system. (3) describing any mitigation tools used or (1) Establish a health registry with the fol- (3) ELIGIBLE SYSTEM.—The term ‘‘eligible lowing responsibilities: developed by the Center including outcomes; system’’ means a public drinking water sup- (A) Survey City residents on a voluntary and ply system that is the subject of an emer- basis about exposure to lead, and inform City (4) making any recommendations for the gency declaration referred to in paragraph residents of the health and developmental City, State, or other communities impacted (2). impacts that may have resulted from that by lead exposure, as appropriate. (b) STATE REVOLVING LOAN FUND ASSIST- exposure. (g) AUTHORIZATION OF APPROPRIATIONS.— ANCE.— (B) Identify and provide ongoing moni- There is authorized to be appropriated to (1) IN GENERAL.—An eligible system shall toring for City residents on a voluntary basis carry out this section $20,000,000 for each of be— who have been exposed to lead. fiscal years 2017 through 2026, to remain (A) considered to be a disadvantaged com- (C) Collect and analyze clinical data re- available until expended. munity under section 1452(d) of the Safe lated to the monitoring and treatment of SEC. 4805. GAO REVIEW AND REPORT. Drinking Water Act (42 U.S.C. 300j–12(d)); and City residents. (a) IN GENERAL.—Not later than 1 year (B) eligible to receive loans with additional (D) Provide culturally and linguistically after the date of enactment of this Act, the subsidization under that Act (42 U.S.C. 300f relevant personnel and materials necessary Attorney General and the Inspector General et seq.), including forgiveness of principal for City residents. of the Environmental Protection Agency under section 1452(d)(1) of that Act (42 U.S.C. (2) Without duplicating other Federal re- shall submit to the Committees on Appro- 300j–12(d)(1)). search efforts, conduct or recommend that priations, Environment and Public Works, (2) AUTHORIZATION.— the Secretary conduct or support, through a and Homeland Security and Governmental (A) IN GENERAL.—Using funds provided grant or contract, research on physical, be- Affairs of the Senate and the Committees on under subsection (f)(1)(A), an eligible State

VerDate Sep 11 2014 01:59 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.023 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S678 CONGRESSIONAL RECORD — SENATE February 4, 2016 may provide assistance to an eligible system the additional assistance, including, with re- threat to public health from heightened ex- within the eligible State, for the purpose of spect to each such project— posure to lead in a municipal drinking water addressing lead or other contaminants in (i) a description of the project; supply, before the date of enactment of this drinking water, including repair and replace- (ii) an explanation of the means by which Act: Provided further, That in a State in ment of public and private drinking water the project will address a situation causing a which such an emergency declaration has infrastructure. declared emergency in the eligible State; been issued, the State may use more than 20 (B) INCLUSION.—Assistance under subpara- (iii) the estimated cost of the project; and percent of the funds made available under graph (A) may include additional subsidiza- (iv) the projected start date for construc- this title to the State for Drinking Water tion under the Safe Drinking Water Act (42 tion of the project. State Revolving Fund capitalization grants U.S.C. 300f et seq.), as described in paragraph (C) UNOBLIGATED AMOUNTS.—Any amounts to provide additional subsidy to eligible re- (1)(B). made available to the Administrator under cipients;’’. (3) LIMITATION.—Section 1452(d)(2) of the subparagraph (A) that are unobligated on the SEC. 4803. DISCLOSURE OF PUBLIC HEALTH Safe Drinking Water Act (42 U.S.C. 300j– date that is 1 year after the date on which THREATS FROM LEAD EXPOSURE. 12(d)(2)) shall not apply to— the amounts are made available shall be (a) EXCEEDANCE OF LEAD ACTION LEVEL.— (A) any funds provided under subsection available to carry out the Water Infrastruc- Section 1414(c) of the Safe Drinking Water (f)(1)(A); or ture Finance and Innovation Act of 2014 (33 Act (42 U.S.C. 300g–3(c)) is amended— (B) any other loan provided to an eligible U.S.C. 3901 et seq.), to remain available until (1) in paragraph (1), by adding at the end system. expended. the following: ‘‘(D) Notice of any exceedance of a lead ac- (c) WATER INFRASTRUCTURE FINANCING.— (D) APPLICABILITY.—Section 1452(b)(1) of tion level or any other prescribed level of (1) SECURED LOANS.— the Safe Drinking Water Act (42 U.S.C. 300j– lead in a regulation issued under section (A) IN GENERAL.—The Administrator may 12(b)(1)) shall not apply to a supplement to 1412, including the concentrations of lead make a secured loan to an eligible State to an intended use plan under subparagraph (B). found in a monitoring activity or any other carry out a project to address lead or other (2) WIFIA FUNDING.— level of lead determined by the Adminis- contaminants in drinking water in an eligi- (A) APPROPRIATION.—There is appropriated trator to warrant notice, either on a case- to the Administrator, out of any moneys in ble system. specific or more general basis.’’; the Treasury not otherwise appropriated, (B) AMOUNT.—Notwithstanding section (2) in paragraph (2)— $50,000,000, to remain available until ex- 5029(b)(2) of the Water Infrastructure Fi- (A) by redesignating subparagraphs (D) and pended, to provide credit subsidies and ad- nance and Innovation Act of 2014 (33 U.S.C. (E) as subparagraphs (E) and (F), respec- ministrative costs, in consultation with the 3908(b)(2)), the amount of a secured loan pro- tively; and vided under subparagraph (A) may be equal Director of the Office of Management and (B) by inserting after subparagraph (C) the to not more than 80 percent of the reason- Budget, for secured loans under subsection following: (c)(1)(A) in an amount equal to not more ably anticipated costs of the projects. ‘‘(D) EXCEEDANCE OF LEAD ACTION LEVEL.— (2) FEDERAL INVOLVEMENT.—Notwith- than $600,000,000 to eligible States under the Regulations issued under subparagraph (A) standing section 5029(b)(9) of the Water Infra- Water Infrastructure Finance and Innova- shall specify notification procedures for an structure Finance and Innovation Act of 2014 tion Act of 2014 (33 U.S.C. 3901 et seq.). exceedance of a lead action level or any (33 U.S.C. 3908(b)(9)), any costs for a project (B) DEADLINE.—The Administrator and the other prescribed level of lead in a regulation to address lead or other contaminants in Director of the Office of Management and issued under section 1412.’’; drinking water in an eligible system that are Budget shall provide to an eligible State a (3) by redesignating paragraphs (3) and (4) not covered by a secured loan under para- credit subsidy under subparagraph (A) by not as paragraphs (4) and (5), respectively; and graph (1) may be covered using amounts in later than 60 days after the date of receipt of (4) by inserting after paragraph (2) the fol- the State revolving loan fund under section a loan application from the eligible State. lowing: (C) USE.—Secured loans provided pursuant 1452 of the Safe Drinking Water Act (42 ‘‘(3) NOTIFICATION OF THE PUBLIC RELATING to subparagraph (A) shall be available for ac- U.S.C. 300j–12). TO LEAD.— tivities to address lead and other contami- (d) ASSET MANAGEMENT PLAN.—Any indi- ‘‘(A) EXCEEDANCE OF LEAD ACTION LEVEL.— vidual or entity that carries out construc- nants in drinking water, including repair and Not later than 15 days after the date of being tion of infrastructure using assistance pro- replacement of public and private drinking notified by the primary agency of an exceed- vided under this section shall develop and water infrastructure. ance of a lead action level or any other pre- implement, in consultation with the Admin- (3) APPLICABILITY.—Unless explicitly scribed level of lead in a regulation issued istrator and appropriate officials of the ap- waived, all requirements under section under section 1412, including the concentra- plicable eligible State, a strategic and sys- 1450(e) of the Safe Drinking Water Act (42 tions of lead found in a monitoring activity tematic process of operating, maintaining, U.S.C.300j–9(e)) and the Water Infrastructure or any other level of lead determined by the and improving affected physical assets, with Finance and Innovation Act of 2014 (33 U.S.C. Administrator to warrant notice, either on a a focus on engineering and economic anal- 3901 et seq.) shall apply to funding provided case-specific or more general basis, the Ad- ysis based on quality information, to iden- under this subsection. ministrator shall notify the public of the tify a structured sequence of maintenance, (g) OFFSET.—There is rescinded the unobli- concentrations of lead found in the moni- preservation, repair, rehabilitation, and re- gated balance of amounts made available to toring activity conducted by the public placement actions that will achieve and sus- carry out section 1703 of the Energy Policy water system if the public water system or tain a desired state of good repair during the Act of 2005 (42 U.S.C. 16513). the State does not notify the public of the lifecycle of the assets at minimum prac- (h) HEALTH EFFECTS EVALUATION.—Pursu- concentrations of lead found in a monitoring ticable cost. ant to section 104(i)(1)(E) of the Comprehen- activity. sive Environmental Response, Compensa- (e) NONDUPLICATION OF WORK.—An activity ‘‘(B) RESULTS OF LEAD MONITORING.— tion, and Liability Act (42 U.S.C. carried out pursuant to this section shall not ‘‘(i) IN GENERAL.—The Administrator may duplicate the work or activity of any other 9604(i)(1)(E)), and on receipt of a request of provide notice of any result of lead moni- Federal or State department or agency. an appropriate State or local health official toring conducted by a public water system (f) FUNDING.— of an eligible State, the Director of the to— (1) ADDITIONAL SRF CAPITALIZATION Agency for Toxic Substances and Disease ‘‘(I) any person that is served by the public GRANTS.— Registry of the National Center for Environ- water system; or (A) APPROPRIATION.—There is appropriated mental Health shall— ‘‘(II) the local or State health department to the Administrator, out of any moneys in (1) in coordination with other Federal de- of a locality or State in which the public the Treasury not otherwise appropriated, partments and agencies, as appropriate, con- water system is located. duct voluntary surveillance activities to $50,000,000, to remain available for obligation ‘‘(ii) FORM OF NOTICE.—The Administrator for 1 year after the date on which the evaluate any adverse health effects on indi- may provide the notice described in clause amounts are made available, to provide addi- viduals exposed to lead from drinking water; (i) by— tional grants to eligible States pursuant to and ‘‘(I) press release; or section 1452 of the Safe Drinking Water Act (2) provide for those individuals consulta- ‘‘(II) other form of communication, includ- (42 U.S.C. 300j–12) for the purposes described tions regarding health issues relating to that ing local media.’’. in subsection (b)(2). exposure. (b) CONFORMING AMENDMENTS.—Section (B) SUPPLEMENTED INTENDED USE PLANS.— SEC. 4802. LOAN FORGIVENESS. 1414 (c) of the Safe Drinking Water Act (42 The Administrator shall disburse to an eligi- The matter under the heading ‘‘STATE AND U.S.C. 300g–3(c)) is amended— ble State amounts made available under sub- TRIBAL ASSISTANCE GRANTS’’ under the head- (1) in paragraph (1)(C), by striking ‘‘para- paragraph (A) by not later than 30 days after ing ‘‘ENVIRONMENTAL PROTECTION graph (2)(E)’’ and inserting ‘‘paragraph the date on which the eligible State submits AGENCY’’ in title II of division G of the Con- (2)(F)’’; to the Administrator a supplemented in- solidated Appropriations Act, 2016 (Public (2) in paragraph (2)(B)(i)(II), by striking tended use plan under section 1452(b) of the Law 114–113), is amended in paragraph (1), by ‘‘subparagraph (D)’’ and inserting ‘‘subpara- Safe Drinking Water Act (42 U.S.C. 300j– striking the semicolon at the end and insert- graph (E)’’; and 12(b)) that includes preapplication informa- ing the following: ‘‘or, if a Federal emer- (3) in paragraph (3)(B), in the first sen- tion regarding projects to be funded using gency declaration has been issued due to a tence, by striking ‘‘(D)’’ and inserting ‘‘(E)’’.

VerDate Sep 11 2014 01:59 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.024 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 4, 2016 CONGRESSIONAL RECORD — SENATE S679 SEC. 4804. CENTER OF EXCELLENCE ON LEAD EX- Education of the Department of Agriculture the response, as well as the capacity of the POSURE. to provide any relevant nutrition informa- State and City to manage the drinking water (a) DEFINITIONS.—In this section: tion for lead mitigation, including— system; and (1) CENTER.—The term ‘‘Center’’ means the (A) identifying and implementing best (2) the adequacy of the response by Region Center of Excellence on Lead Exposure es- practices in nutrition education regarding 5 of the Environmental Protection Agency to tablished under subsection (b). lead-mitigating foods; and the drinking water crisis in Flint, Michigan, (2) CITY.—The term ‘‘City’’ means a City (B) making recommendations and con- including the timeliness and transparency of that has been exposed to lead through a ducting outreach to improve access to lead- the response. water system or other source. mitigating foods in the community. (c) CONTENTS OF REPORT.—Not later than 1 (3) COMMUNITY.—The term ‘‘community’’ (5) Without duplicating other Federal ef- year after commencing each review under means the community of the City. forts, conduct or recommend that the Sec- subsection (b), the Comptroller General of (4) SECRETARY.—The term ‘‘Secretary’’ retary conduct or support, through a grant the United States shall submit to Congress a means the Secretary of Health and Human or contract, education and outreach efforts report that includes— Services. for the City and State, including the fol- (1) a statement of the principal findings of (5) STATE.—The term ‘‘State’’ means a lowing: the review; and State containing a City that has been ex- (A) Create a publicly accessible website (2) recommendations for Congress and the posed to lead through a water system or that provides, at minimum, details about the President to take any actions to prevent a other source. health registry for City residents, available similar situation in the future and to protect (b) ESTABLISHMENT.—The Secretary may, testing and other services through the Cen- public health. by contract, grant, or cooperative agree- ment, establish a center to be known as the ter for City residents and other communities SA 3283. Ms. MURKOWSKI submitted ‘‘Center of Excellence on Lead Exposure’’. impacted by lead exposure, any relevant in- formation regarding health and educational an amendment intended to be proposed (c) COLLABORATION.—The Center shall col- to amendment SA 3247 submitted by laborate with relevant Federal agencies, re- impacts of lead exposure, any relevant infor- Ms. STABENOW (for herself and Mr. search institutions, hospitals, Federally mation on mitigation services, and any re- qualified health centers, school-based health search conducted through the Center. PETERS) and intended to be proposed to centers, community behavioral health pro- (B) Conduct at least 2 meetings annually in the amendment SA 2953 proposed by viders, and State and local public health the City to discuss the ongoing impact of Ms. MURKOWSKI to the bill S. 2012, to agencies in the development and operation of lead exposure on residents and solicit com- provide for the modernization of the the Center. munity input regarding ongoing mitigation energy policy of the United States, and (d) ADVISORY COMMITTEE.— needs. for other purposes; which was ordered (1) IN GENERAL.—The Center shall establish (C) Establish a navigation program to con- to lie on the table; as follows: an advisory committee to provide scientific nect City residents to available Federal, and technical support for the Center and to State, and local resources and programs that In lieu of the matter proposed to be in- advise the Secretary, consisting of, at a min- assist with cognitive, developmental, and serted, insert the following: imum— health problems associated with lead expo- Subtitle I—Prevention and Protection From (A) an epidemiologist; sure. Lead Exposure (B) a toxicologist; (f) REPORT.—Annually, the Secretary shall SEC. 4801. DRINKING WATER INFRASTRUCTURE. (C) a mental health professional; submit to the Committees on Finance, (a) DEFINITIONS.—In this section: (D) a pediatrician; Health, Education, Labor, and Pensions, and (1) ADMINISTRATOR.—The term ‘‘Adminis- (E) an early childhood education expert; Agriculture, Nutrition, and Forestry of the trator’’ means the Administrator of the En- (F) a special education expert; Senate and the Committees on Education vironmental Protection Agency. (G) a dietician; and the Workforce, Energy and Commerce, (2) ELIGIBLE STATE.—The term ‘‘eligible (H) an environmental health expert; and and Agriculture of the House of Representa- State’’ means a State for which the Presi- (I) 2 community representatives. tives a report— dent has declared an emergency under the (2) APPLICATION OF FACA.—The advisory (1) assessing the impacts of the Center on Robert T. Stafford Disaster Relief and Emer- committee shall be subject to the Federal City health and education systems and out- gency Assistance Act (42 U.S.C. 5121 et seq.) Advisory Committee Act (5 U.S.C. App.). comes; relating to the public health threats associ- (e) RESPONSIBILITIES.—The Center shall, at (2) describing any research conducted by or ated with the presence of lead or other con- minimum, develop and carry out the fol- in connection with the Center; taminants in a public drinking water supply lowing components and responsibilities: (3) describing any mitigation tools used or system. (1) Establish a health registry with the fol- developed by the Center including outcomes; (3) ELIGIBLE SYSTEM.—The term ‘‘eligible lowing responsibilities: and system’’ means a public drinking water sup- (A) Survey City residents on a voluntary (4) making any recommendations for the ply system that is the subject of an emer- basis about exposure to lead, and inform City City, State, or other communities impacted gency declaration referred to in paragraph residents of the health and developmental by lead exposure, as appropriate. (2). impacts that may have resulted from that (b) STATE REVOLVING LOAN FUND ASSIST- (g) AUTHORIZATION OF APPROPRIATIONS.— exposure. There is authorized to be appropriated to ANCE.— (B) Identify and provide ongoing moni- carry out this section $20,000,000 for each of (1) IN GENERAL.—An eligible system shall toring for City residents on a voluntary basis be— fiscal years 2017 through 2026, to remain who have been exposed to lead. (A) considered to be a disadvantaged com- available until expended. (C) Collect and analyze clinical data re- munity under section 1452(d) of the Safe lated to the monitoring and treatment of SEC. 4805. GAO REVIEW AND REPORT. Drinking Water Act (42 U.S.C. 300j–12(d)); and City residents. (a) IN GENERAL.—Not later than 1 year (B) eligible to receive loans with additional (D) Provide culturally and linguistically after the date of enactment of this Act, the subsidization under that Act (42 U.S.C. 300f relevant personnel and materials necessary Attorney General and the Inspector General et seq.), including forgiveness of principal for City residents. of the Environmental Protection Agency under section 1452(d)(1) of that Act (42 U.S.C. (2) Without duplicating other Federal re- shall submit to the Committees on Appro- 300j–12(d)(1)). search efforts, conduct or recommend that priations, Environment and Public Works, (2) AUTHORIZATION.— the Secretary conduct or support, through a and Homeland Security and Governmental (A) IN GENERAL.—Using funds provided grant or contract, research on physical, be- Affairs of the Senate and the Committees on under subsection (f)(1)(A), an eligible State havioral, and developmental impacts, as well Appropriations, Energy and Commerce, may provide assistance to an eligible system as other health or educational impacts asso- Transportation and Infrastructure, and Over- within the eligible State, for the purpose of ciated with lead exposure, including cancer, sight and Government Reform of the House addressing lead or other contaminants in heart disease, liver disease, neurological im- of Representatives a report on the status of drinking water, including repair and replace- pacts, developmental delays, reproductive any ongoing investigations into the Federal ment of public and private drinking water health impacts, and maternal and fetal and State response to the contamination of infrastructure. health impacts. the drinking water supply of the City of (B) INCLUSION.—Assistance under subpara- (3) Without duplicating other Federal ef- Flint, Michigan. graph (A) may include additional subsidiza- forts, develop or recommend that the Sec- (b) REVIEW.—Not later than 30 days after tion under the Safe Drinking Water Act (42 retary develop or support the development the completion of the investigations de- U.S.C. 300f et seq.), as described in paragraph of, through a grant or contract, lead mitiga- scribed in subsection (a), the Comptroller (1)(B). tion recommendations and allocate re- General of the United States shall commence (3) LIMITATION.—Section 1452(d)(2) of the sources, as appropriate, for health-, edu- a review of issues that are not addressed by Safe Drinking Water Act (42 U.S.C. 300j– cation-, and nutrition-related interventions, the investigations and relating to— 12(d)(2)) shall not apply to— as well as other interventions, to mitigate (1) the adequacy of the response by the (A) any funds provided under subsection lead exposure in children and adults. State of Michigan and the City of Flint to (f)(1)(A); or (4) Establish a partnership with the Re- the drinking water crisis in Flint, Michigan, (B) any other loan provided to an eligible gional Center of Excellence on Nutrition including the timeliness and transparency of system.

VerDate Sep 11 2014 01:59 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.024 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S680 CONGRESSIONAL RECORD — SENATE February 4, 2016

(c) WATER INFRASTRUCTURE FINANCING.— (D) APPLICABILITY.—Section 1452(b)(1) of ‘‘(D) Notice of any exceedance of a lead ac- (1) SECURED LOANS.— the Safe Drinking Water Act (42 U.S.C. 300j– tion level or any other prescribed level of (A) IN GENERAL.—The Administrator may 12(b)(1)) shall not apply to a supplement to lead in a regulation issued under section make a secured loan to an eligible State to an intended use plan under subparagraph (B). 1412, including the concentrations of lead carry out a project to address lead or other (2) WIFIA FUNDING.— found in a monitoring activity or any other contaminants in drinking water in an eligi- (A) APPROPRIATION.—There is appropriated level of lead determined by the Adminis- ble system. to the Administrator, out of any moneys in trator to warrant notice, either on a case- (B) AMOUNT.—Notwithstanding section the Treasury not otherwise appropriated, specific or more general basis.’’; 5029(b)(2) of the Water Infrastructure Fi- $50,000,000, to remain available until ex- (2) in paragraph (2)— nance and Innovation Act of 2014 (33 U.S.C. pended, to provide credit subsidies and ad- (A) by redesignating subparagraphs (D) and 3908(b)(2)), the amount of a secured loan pro- ministrative costs, in consultation with the (E) as subparagraphs (E) and (F), respec- vided under subparagraph (A) may be equal Director of the Office of Management and tively; and to not more than 80 percent of the reason- Budget, for secured loans under subsection (B) by inserting after subparagraph (C) the ably anticipated costs of the projects. (c)(1)(A) in an amount equal to not more following: (2) FEDERAL INVOLVEMENT.—Notwith- than $600,000,000 to eligible States under the ‘‘(D) EXCEEDANCE OF LEAD ACTION LEVEL.— standing section 5029(b)(9) of the Water Infra- Water Infrastructure Finance and Innova- Regulations issued under subparagraph (A) structure Finance and Innovation Act of 2014 tion Act of 2014 (33 U.S.C. 3901 et seq.). shall specify notification procedures for an (33 U.S.C. 3908(b)(9)), any costs for a project (B) DEADLINE.—The Administrator and the exceedance of a lead action level or any to address lead or other contaminants in Director of the Office of Management and other prescribed level of lead in a regulation drinking water in an eligible system that are Budget shall provide to an eligible State a issued under section 1412.’’; not covered by a secured loan under para- credit subsidy under subparagraph (A) by not (3) by redesignating paragraphs (3) and (4) graph (1) may be covered using amounts in later than 60 days after the date of receipt of as paragraphs (4) and (5), respectively; and the State revolving loan fund under section a loan application from the eligible State. (4) by inserting after paragraph (2) the fol- 1452 of the Safe Drinking Water Act (42 (C) USE.—Secured loans provided pursuant lowing: U.S.C. 300j–12). to subparagraph (A) shall be available for ac- ‘‘(3) NOTIFICATION OF THE PUBLIC RELATING TO LEAD.— (d) ASSET MANAGEMENT PLAN.—Any indi- tivities to address lead and other contami- vidual or entity that carries out construc- nants in drinking water, including repair and ‘‘(A) EXCEEDANCE OF LEAD ACTION LEVEL.— tion of infrastructure using assistance pro- replacement of public and private drinking Not later than 15 days after the date of being notified by the primary agency of an exceed- vided under this section shall develop and water infrastructure. ance of a lead action level or any other pre- implement, in consultation with the Admin- (3) APPLICABILITY.—Unless explicitly scribed level of lead in a regulation issued istrator and appropriate officials of the ap- waived, all requirements under section under section 1412, including the concentra- plicable eligible State, a strategic and sys- 1450(e) of the Safe Drinking Water Act (42 tions of lead found in a monitoring activity tematic process of operating, maintaining, U.S.C.300j–9(e)) and the Water Infrastructure or any other level of lead determined by the and improving affected physical assets, with Finance and Innovation Act of 2014 (33 U.S.C. Administrator to warrant notice, either on a a focus on engineering and economic anal- 3901 et seq.) shall apply to funding provided case-specific or more general basis, the Ad- ysis based on quality information, to iden- under this subsection. ministrator shall notify the public of the tify a structured sequence of maintenance, (g) OFFSET.—There is rescinded the unobli- gated balance of amounts made available to concentrations of lead found in the moni- preservation, repair, rehabilitation, and re- toring activity conducted by the public carry out section 1703 of the Energy Policy placement actions that will achieve and sus- water system if the public water system or Act of 2005 (42 U.S.C. 16513). tain a desired state of good repair during the the State does not notify the public of the (h) HEALTH EFFECTS EVALUATION.—Pursu- lifecycle of the assets at minimum prac- concentrations of lead found in a monitoring ant to section 104(i)(1)(E) of the Comprehen- ticable cost. activity. sive Environmental Response, Compensa- (e) NONDUPLICATION OF WORK.—An activity ‘‘(B) RESULTS OF LEAD MONITORING.— tion, and Liability Act (42 U.S.C. carried out pursuant to this section shall not ‘‘(i) IN GENERAL.—The Administrator may 9604(i)(1)(E)), and on receipt of a request of duplicate the work or activity of any other provide notice of any result of lead moni- an appropriate State or local health official Federal or State department or agency. toring conducted by a public water system of an eligible State, the Director of the (f) FUNDING.— to— Agency for Toxic Substances and Disease (1) ADDITIONAL SRF CAPITALIZATION ‘‘(I) any person that is served by the public Registry of the National Center for Environ- GRANTS.— water system; or mental Health shall— (A) APPROPRIATION.—There is appropriated ‘‘(II) the local or State health department (1) in coordination with other Federal de- to the Administrator, out of any moneys in of a locality or State in which the public partments and agencies, as appropriate, con- the Treasury not otherwise appropriated, water system is located. duct voluntary surveillance activities to $50,000,000, to remain available for obligation ‘‘(ii) FORM OF NOTICE.—The Administrator evaluate any adverse health effects on indi- for 1 year after the date on which the may provide the notice described in clause viduals exposed to lead from drinking water; amounts are made available, to provide addi- (i) by— and tional grants to eligible States pursuant to ‘‘(I) press release; or (2) provide for those individuals consulta- section 1452 of the Safe Drinking Water Act ‘‘(II) other form of communication, includ- tions regarding health issues relating to that (42 U.S.C. 300j–12) for the purposes described ing local media.’’. exposure. in subsection (b)(2). (b) CONFORMING AMENDMENTS.—Section (B) SUPPLEMENTED INTENDED USE PLANS.— SEC. 4802. LOAN FORGIVENESS. 1414 (c) of the Safe Drinking Water Act (42 The Administrator shall disburse to an eligi- The matter under the heading ‘‘STATE AND U.S.C. 300g–3(c)) is amended— ble State amounts made available under sub- TRIBAL ASSISTANCE GRANTS’’ under the head- (1) in paragraph (1)(C), by striking ‘‘para- paragraph (A) by not later than 30 days after ing ‘‘ENVIRONMENTAL PROTECTION graph (2)(E)’’ and inserting ‘‘paragraph the date on which the eligible State submits AGENCY’’ in title II of division G of the Con- (2)(F)’’; to the Administrator a supplemented in- solidated Appropriations Act, 2016 (Public (2) in paragraph (2)(B)(i)(II), by striking tended use plan under section 1452(b) of the Law 114–113), is amended in paragraph (1), by ‘‘subparagraph (D)’’ and inserting ‘‘subpara- Safe Drinking Water Act (42 U.S.C. 300j– striking the semicolon at the end and insert- graph (E)’’; and 12(b)) that includes preapplication informa- ing the following: ‘‘or, if a Federal emer- (3) in paragraph (3)(B), in the first sen- tion regarding projects to be funded using gency declaration has been issued due to a tence, by striking ‘‘(D)’’ and inserting ‘‘(E)’’. the additional assistance, including, with re- threat to public health from heightened ex- SEC. 4804. CENTER OF EXCELLENCE ON LEAD EX- spect to each such project— posure to lead in a municipal drinking water POSURE. (i) a description of the project; supply, before the date of enactment of this (a) DEFINITIONS.—In this section: (ii) an explanation of the means by which Act: Provided further, That in a State in (1) CENTER.—The term ‘‘Center’’ means the the project will address a situation causing a which such an emergency declaration has Center of Excellence on Lead Exposure es- declared emergency in the eligible State; been issued, the State may use more than 20 tablished under subsection (b). (iii) the estimated cost of the project; and percent of the funds made available under (2) CITY.—The term ‘‘City’’ means a City (iv) the projected start date for construc- this title to the State for Drinking Water that has been exposed to lead through a tion of the project. State Revolving Fund capitalization grants water system or other source. (C) UNOBLIGATED AMOUNTS.—Any amounts to provide additional subsidy to eligible re- (3) COMMUNITY.—The term ‘‘community’’ made available to the Administrator under cipients;’’. means the community of the City. subparagraph (A) that are unobligated on the SEC. 4803. DISCLOSURE OF PUBLIC HEALTH (4) SECRETARY.—The term ‘‘Secretary’’ date that is 1 year after the date on which THREATS FROM LEAD EXPOSURE. means the Secretary of Health and Human the amounts are made available shall be (a) EXCEEDANCE OF LEAD ACTION LEVEL.— Services. available to carry out the Water Infrastruc- Section 1414(c) of the Safe Drinking Water (5) STATE.—The term ‘‘State’’ means a ture Finance and Innovation Act of 2014 (33 Act (42 U.S.C. 300g–3(c)) is amended— State containing a City that has been ex- U.S.C. 3901 et seq.), to remain available until (1) in paragraph (1), by adding at the end posed to lead through a water system or expended. the following: other source.

VerDate Sep 11 2014 01:59 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.025 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 4, 2016 CONGRESSIONAL RECORD — SENATE S681

(b) ESTABLISHMENT.—The Secretary may, health registry for City residents, available similar situation in the future and to protect by contract, grant, or cooperative agree- testing and other services through the Cen- public health. ment, establish a center to be known as the ter for City residents and other communities ‘‘Center of Excellence on Lead Exposure’’. impacted by lead exposure, any relevant in- SA 3284. Ms. MURKOWSKI submitted (c) COLLABORATION.—The Center shall col- formation regarding health and educational an amendment intended to be proposed laborate with relevant Federal agencies, re- impacts of lead exposure, any relevant infor- to amendment SA 3248 submitted by search institutions, hospitals, Federally mation on mitigation services, and any re- Ms. STABENOW (for herself and Mr. qualified health centers, school-based health search conducted through the Center. PETERS) and intended to be proposed to centers, community behavioral health pro- (B) Conduct at least 2 meetings annually in the amendment SA 2953 proposed by viders, and State and local public health the City to discuss the ongoing impact of agencies in the development and operation of Ms. MURKOWSKI to the bill S. 2012, to lead exposure on residents and solicit com- provide for the modernization of the the Center. munity input regarding ongoing mitigation (d) ADVISORY COMMITTEE.— needs. energy policy of the United States, and (1) IN GENERAL.—The Center shall establish (C) Establish a navigation program to con- for other purposes; which was ordered an advisory committee to provide scientific nect City residents to available Federal, to lie on the table; as follows: and technical support for the Center and to State, and local resources and programs that In lieu of the matter proposed to be in- advise the Secretary, consisting of, at a min- assist with cognitive, developmental, and serted, insert the following: imum— health problems associated with lead expo- (A) an epidemiologist; Subtitle I—Prevention and Protection From sure. (B) a toxicologist; Lead Exposure (f) REPORT.—Annually, the Secretary shall (C) a mental health professional; SEC. 4801. DRINKING WATER INFRASTRUCTURE. submit to the Committees on Finance, (D) a pediatrician; (a) DEFINITIONS.—In this section: (E) an early childhood education expert; Health, Education, Labor, and Pensions, and (1) ADMINISTRATOR.—The term ‘‘Adminis- (F) a special education expert; Agriculture, Nutrition, and Forestry of the trator’’ means the Administrator of the En- (G) a dietician; Senate and the Committees on Education vironmental Protection Agency. (H) an environmental health expert; and and the Workforce, Energy and Commerce, (2) ELIGIBLE STATE.—The term ‘‘eligible (I) 2 community representatives. and Agriculture of the House of Representa- State’’ means a State for which the Presi- tives a report— (2) APPLICATION OF FACA.—The advisory dent has declared an emergency under the committee shall be subject to the Federal (1) assessing the impacts of the Center on Robert T. Stafford Disaster Relief and Emer- Advisory Committee Act (5 U.S.C. App.). City health and education systems and out- gency Assistance Act (42 U.S.C. 5121 et seq.) (e) RESPONSIBILITIES.—The Center shall, at comes; relating to the public health threats associ- minimum, develop and carry out the fol- (2) describing any research conducted by or ated with the presence of lead or other con- lowing components and responsibilities: in connection with the Center; taminants in a public drinking water supply (1) Establish a health registry with the fol- (3) describing any mitigation tools used or system. lowing responsibilities: developed by the Center including outcomes; (3) ELIGIBLE SYSTEM.—The term ‘‘eligible (A) Survey City residents on a voluntary and system’’ means a public drinking water sup- basis about exposure to lead, and inform City (4) making any recommendations for the ply system that is the subject of an emer- residents of the health and developmental City, State, or other communities impacted gency declaration referred to in paragraph impacts that may have resulted from that by lead exposure, as appropriate. (2). exposure. (g) AUTHORIZATION OF APPROPRIATIONS.— (b) STATE REVOLVING LOAN FUND ASSIST- (B) Identify and provide ongoing moni- There is authorized to be appropriated to ANCE.— toring for City residents on a voluntary basis carry out this section $20,000,000 for each of (1) IN GENERAL.—An eligible system shall who have been exposed to lead. fiscal years 2017 through 2026, to remain be— (C) Collect and analyze clinical data re- available until expended. (A) considered to be a disadvantaged com- lated to the monitoring and treatment of SEC. 4805. GAO REVIEW AND REPORT. munity under section 1452(d) of the Safe Drinking Water Act (42 U.S.C. 300j–12(d)); and City residents. (a) IN GENERAL.—Not later than 1 year (D) Provide culturally and linguistically after the date of enactment of this Act, the (B) eligible to receive loans with additional relevant personnel and materials necessary Attorney General and the Inspector General subsidization under that Act (42 U.S.C. 300f for City residents. of the Environmental Protection Agency et seq.), including forgiveness of principal (2) Without duplicating other Federal re- shall submit to the Committees on Appro- under section 1452(d)(1) of that Act (42 U.S.C. 300j–12(d)(1)). search efforts, conduct or recommend that priations, Environment and Public Works, (2) AUTHORIZATION.— the Secretary conduct or support, through a and Homeland Security and Governmental (A) IN GENERAL.—Using funds provided grant or contract, research on physical, be- Affairs of the Senate and the Committees on under subsection (f)(1)(A), an eligible State havioral, and developmental impacts, as well Appropriations, Energy and Commerce, may provide assistance to an eligible system as other health or educational impacts asso- Transportation and Infrastructure, and Over- within the eligible State, for the purpose of ciated with lead exposure, including cancer, sight and Government Reform of the House addressing lead or other contaminants in heart disease, liver disease, neurological im- of Representatives a report on the status of drinking water, including repair and replace- pacts, developmental delays, reproductive any ongoing investigations into the Federal ment of public and private drinking water health impacts, and maternal and fetal and State response to the contamination of infrastructure. health impacts. the drinking water supply of the City of (B) INCLUSION.—Assistance under subpara- (3) Without duplicating other Federal ef- Flint, Michigan. graph (A) may include additional subsidiza- forts, develop or recommend that the Sec- (b) REVIEW.—Not later than 30 days after tion under the Safe Drinking Water Act (42 retary develop or support the development the completion of the investigations de- U.S.C. 300f et seq.), as described in paragraph of, through a grant or contract, lead mitiga- scribed in subsection (a), the Comptroller (1)(B). tion recommendations and allocate re- General of the United States shall commence (3) LIMITATION.—Section 1452(d)(2) of the sources, as appropriate, for health-, edu- a review of issues that are not addressed by Safe Drinking Water Act (42 U.S.C. 300j– cation-, and nutrition-related interventions, the investigations and relating to— 12(d)(2)) shall not apply to— as well as other interventions, to mitigate (1) the adequacy of the response by the (A) any funds provided under subsection lead exposure in children and adults. State of Michigan and the City of Flint to (f)(1)(A); or (4) Establish a partnership with the Re- the drinking water crisis in Flint, Michigan, (B) any other loan provided to an eligible gional Center of Excellence on Nutrition including the timeliness and transparency of system. Education of the Department of Agriculture the response, as well as the capacity of the (c) WATER INFRASTRUCTURE FINANCING.— to provide any relevant nutrition informa- State and City to manage the drinking water (1) SECURED LOANS.— tion for lead mitigation, including— system; and (A) IN GENERAL.—The Administrator may (A) identifying and implementing best (2) the adequacy of the response by Region make a secured loan to an eligible State to practices in nutrition education regarding 5 of the Environmental Protection Agency to carry out a project to address lead or other lead-mitigating foods; and the drinking water crisis in Flint, Michigan, contaminants in drinking water in an eligi- (B) making recommendations and con- including the timeliness and transparency of ble system. ducting outreach to improve access to lead- the response. (B) AMOUNT.—Notwithstanding section mitigating foods in the community. (c) CONTENTS OF REPORT.—Not later than 1 5029(b)(2) of the Water Infrastructure Fi- (5) Without duplicating other Federal ef- year after commencing each review under nance and Innovation Act of 2014 (33 U.S.C. forts, conduct or recommend that the Sec- subsection (b), the Comptroller General of 3908(b)(2)), the amount of a secured loan pro- retary conduct or support, through a grant the United States shall submit to Congress a vided under subparagraph (A) may be equal or contract, education and outreach efforts report that includes— to not more than 80 percent of the reason- for the City and State, including the fol- (1) a statement of the principal findings of ably anticipated costs of the projects. lowing: the review; and (2) FEDERAL INVOLVEMENT.—Notwith- (A) Create a publicly accessible website (2) recommendations for Congress and the standing section 5029(b)(9) of the Water Infra- that provides, at minimum, details about the President to take any actions to prevent a structure Finance and Innovation Act of 2014

VerDate Sep 11 2014 01:59 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.025 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S682 CONGRESSIONAL RECORD — SENATE February 4, 2016

(33 U.S.C. 3908(b)(9)), any costs for a project (B) DEADLINE.—The Administrator and the exceedance of a lead action level or any to address lead or other contaminants in Director of the Office of Management and other prescribed level of lead in a regulation drinking water in an eligible system that are Budget shall provide to an eligible State a issued under section 1412.’’; not covered by a secured loan under para- credit subsidy under subparagraph (A) by not (3) by redesignating paragraphs (3) and (4) graph (1) may be covered using amounts in later than 60 days after the date of receipt of as paragraphs (4) and (5), respectively; and the State revolving loan fund under section a loan application from the eligible State. (4) by inserting after paragraph (2) the fol- 1452 of the Safe Drinking Water Act (42 (C) USE.—Secured loans provided pursuant lowing: U.S.C. 300j–12). to subparagraph (A) shall be available for ac- ‘‘(3) NOTIFICATION OF THE PUBLIC RELATING (d) ASSET MANAGEMENT PLAN.—Any indi- tivities to address lead and other contami- TO LEAD.— vidual or entity that carries out construc- nants in drinking water, including repair and ‘‘(A) EXCEEDANCE OF LEAD ACTION LEVEL.— tion of infrastructure using assistance pro- replacement of public and private drinking Not later than 15 days after the date of being vided under this section shall develop and water infrastructure. notified by the primary agency of an exceed- implement, in consultation with the Admin- (3) APPLICABILITY.—Unless explicitly ance of a lead action level or any other pre- istrator and appropriate officials of the ap- waived, all requirements under section scribed level of lead in a regulation issued plicable eligible State, a strategic and sys- 1450(e) of the Safe Drinking Water Act (42 under section 1412, including the concentra- tematic process of operating, maintaining, U.S.C.300j–9(e)) and the Water Infrastructure tions of lead found in a monitoring activity and improving affected physical assets, with Finance and Innovation Act of 2014 (33 U.S.C. or any other level of lead determined by the a focus on engineering and economic anal- 3901 et seq.) shall apply to funding provided Administrator to warrant notice, either on a ysis based on quality information, to iden- under this subsection. case-specific or more general basis, the Ad- tify a structured sequence of maintenance, (g) OFFSET.—There is rescinded the unobli- ministrator shall notify the public of the preservation, repair, rehabilitation, and re- gated balance of amounts made available to concentrations of lead found in the moni- placement actions that will achieve and sus- carry out section 1703 of the Energy Policy toring activity conducted by the public tain a desired state of good repair during the Act of 2005 (42 U.S.C. 16513). water system if the public water system or lifecycle of the assets at minimum prac- (h) HEALTH EFFECTS EVALUATION.—Pursu- the State does not notify the public of the ticable cost. ant to section 104(i)(1)(E) of the Comprehen- concentrations of lead found in a monitoring (e) NONDUPLICATION OF WORK.—An activity sive Environmental Response, Compensa- activity. carried out pursuant to this section shall not tion, and Liability Act (42 U.S.C. ‘‘(B) RESULTS OF LEAD MONITORING.— duplicate the work or activity of any other 9604(i)(1)(E)), and on receipt of a request of ‘‘(i) IN GENERAL.—The Administrator may Federal or State department or agency. an appropriate State or local health official provide notice of any result of lead moni- (f) FUNDING.— of an eligible State, the Director of the toring conducted by a public water system (1) ADDITIONAL SRF CAPITALIZATION Agency for Toxic Substances and Disease to— GRANTS.— Registry of the National Center for Environ- ‘‘(I) any person that is served by the public (A) APPROPRIATION.—There is appropriated mental Health shall— water system; or to the Administrator, out of any moneys in (1) in coordination with other Federal de- ‘‘(II) the local or State health department the Treasury not otherwise appropriated, partments and agencies, as appropriate, con- of a locality or State in which the public $50,000,000, to remain available for obligation duct voluntary surveillance activities to water system is located. for 1 year after the date on which the evaluate any adverse health effects on indi- ‘‘(ii) FORM OF NOTICE.—The Administrator amounts are made available, to provide addi- viduals exposed to lead from drinking water; may provide the notice described in clause tional grants to eligible States pursuant to and (i) by— section 1452 of the Safe Drinking Water Act (2) provide for those individuals consulta- ‘‘(I) press release; or (42 U.S.C. 300j–12) for the purposes described tions regarding health issues relating to that ‘‘(II) other form of communication, includ- in subsection (b)(2). exposure. ing local media.’’. (B) SUPPLEMENTED INTENDED USE PLANS.— SEC. 4802. LOAN FORGIVENESS. (b) CONFORMING AMENDMENTS.—Section The Administrator shall disburse to an eligi- The matter under the heading ‘‘STATE AND 1414 (c) of the Safe Drinking Water Act (42 ble State amounts made available under sub- TRIBAL ASSISTANCE GRANTS’’ under the head- U.S.C. 300g–3(c)) is amended— paragraph (A) by not later than 30 days after ing ‘‘ENVIRONMENTAL PROTECTION (1) in paragraph (1)(C), by striking ‘‘para- the date on which the eligible State submits AGENCY’’ in title II of division G of the Con- graph (2)(E)’’ and inserting ‘‘paragraph to the Administrator a supplemented in- solidated Appropriations Act, 2016 (Public (2)(F)’’; tended use plan under section 1452(b) of the Law 114–113), is amended in paragraph (1), by (2) in paragraph (2)(B)(i)(II), by striking Safe Drinking Water Act (42 U.S.C. 300j– striking the semicolon at the end and insert- ‘‘subparagraph (D)’’ and inserting ‘‘subpara- 12(b)) that includes preapplication informa- ing the following: ‘‘or, if a Federal emer- graph (E)’’; and tion regarding projects to be funded using gency declaration has been issued due to a (3) in paragraph (3)(B), in the first sen- the additional assistance, including, with re- threat to public health from heightened ex- tence, by striking ‘‘(D)’’ and inserting ‘‘(E)’’. spect to each such project— posure to lead in a municipal drinking water SEC. 4804. CENTER OF EXCELLENCE ON LEAD EX- (i) a description of the project; supply, before the date of enactment of this POSURE. (ii) an explanation of the means by which Act: Provided further, That in a State in (a) DEFINITIONS.—In this section: the project will address a situation causing a which such an emergency declaration has (1) CENTER.—The term ‘‘Center’’ means the declared emergency in the eligible State; been issued, the State may use more than 20 Center of Excellence on Lead Exposure es- (iii) the estimated cost of the project; and percent of the funds made available under tablished under subsection (b). (iv) the projected start date for construc- this title to the State for Drinking Water (2) CITY.—The term ‘‘City’’ means a City tion of the project. State Revolving Fund capitalization grants that has been exposed to lead through a (C) UNOBLIGATED AMOUNTS.—Any amounts to provide additional subsidy to eligible re- water system or other source. made available to the Administrator under cipients;’’. (3) COMMUNITY.—The term ‘‘community’’ subparagraph (A) that are unobligated on the SEC. 4803. DISCLOSURE OF PUBLIC HEALTH means the community of the City. date that is 1 year after the date on which THREATS FROM LEAD EXPOSURE. (4) SECRETARY.—The term ‘‘Secretary’’ the amounts are made available shall be (a) EXCEEDANCE OF LEAD ACTION LEVEL.— means the Secretary of Health and Human available to carry out the Water Infrastruc- Section 1414(c) of the Safe Drinking Water Services. ture Finance and Innovation Act of 2014 (33 Act (42 U.S.C. 300g–3(c)) is amended— (5) STATE.—The term ‘‘State’’ means a U.S.C. 3901 et seq.), to remain available until (1) in paragraph (1), by adding at the end State containing a City that has been ex- expended. the following: posed to lead through a water system or (D) APPLICABILITY.—Section 1452(b)(1) of ‘‘(D) Notice of any exceedance of a lead ac- other source. the Safe Drinking Water Act (42 U.S.C. 300j– tion level or any other prescribed level of (b) ESTABLISHMENT.—The Secretary may, 12(b)(1)) shall not apply to a supplement to lead in a regulation issued under section by contract, grant, or cooperative agree- an intended use plan under subparagraph (B). 1412, including the concentrations of lead ment, establish a center to be known as the (2) WIFIA FUNDING.— found in a monitoring activity or any other ‘‘Center of Excellence on Lead Exposure’’. (A) APPROPRIATION.—There is appropriated level of lead determined by the Adminis- (c) COLLABORATION.—The Center shall col- to the Administrator, out of any moneys in trator to warrant notice, either on a case- laborate with relevant Federal agencies, re- the Treasury not otherwise appropriated, specific or more general basis.’’; search institutions, hospitals, Federally $50,000,000, to remain available until ex- (2) in paragraph (2)— qualified health centers, school-based health pended, to provide credit subsidies and ad- (A) by redesignating subparagraphs (D) and centers, community behavioral health pro- ministrative costs, in consultation with the (E) as subparagraphs (E) and (F), respec- viders, and State and local public health Director of the Office of Management and tively; and agencies in the development and operation of Budget, for secured loans under subsection (B) by inserting after subparagraph (C) the the Center. (c)(1)(A) in an amount equal to not more following: (d) ADVISORY COMMITTEE.— than $600,000,000 to eligible States under the ‘‘(D) EXCEEDANCE OF LEAD ACTION LEVEL.— (1) IN GENERAL.—The Center shall establish Water Infrastructure Finance and Innova- Regulations issued under subparagraph (A) an advisory committee to provide scientific tion Act of 2014 (33 U.S.C. 3901 et seq.). shall specify notification procedures for an and technical support for the Center and to

VerDate Sep 11 2014 01:59 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.026 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 4, 2016 CONGRESSIONAL RECORD — SENATE S683 advise the Secretary, consisting of, at a min- assist with cognitive, developmental, and Subtitle I—Prevention and Protection From imum— health problems associated with lead expo- Lead Exposure (A) an epidemiologist; sure. SEC. 4801. DRINKING WATER INFRASTRUCTURE. (f) REPORT.—Annually, the Secretary shall (B) a toxicologist; (a) DEFINITIONS.—In this section: (C) a mental health professional; submit to the Committees on Finance, (1) ADMINISTRATOR.—The term ‘‘Adminis- Health, Education, Labor, and Pensions, and (D) a pediatrician; trator’’ means the Administrator of the En- Agriculture, Nutrition, and Forestry of the (E) an early childhood education expert; vironmental Protection Agency. (F) a special education expert; Senate and the Committees on Education (2) ELIGIBLE STATE.—The term ‘‘eligible (G) a dietician; and the Workforce, Energy and Commerce, and Agriculture of the House of Representa- State’’ means a State for which the Presi- (H) an environmental health expert; and dent has declared an emergency under the (I) 2 community representatives. tives a report— Robert T. Stafford Disaster Relief and Emer- (2) APPLICATION OF FACA.—The advisory (1) assessing the impacts of the Center on gency Assistance Act (42 U.S.C. 5121 et seq.) committee shall be subject to the Federal City health and education systems and out- relating to the public health threats associ- Advisory Committee Act (5 U.S.C. App.). comes; ated with the presence of lead or other con- (e) RESPONSIBILITIES.—The Center shall, at (2) describing any research conducted by or minimum, develop and carry out the fol- in connection with the Center; taminants in a public drinking water supply lowing components and responsibilities: (3) describing any mitigation tools used or system. (1) Establish a health registry with the fol- developed by the Center including outcomes; (3) ELIGIBLE SYSTEM.—The term ‘‘eligible lowing responsibilities: and system’’ means a public drinking water sup- (A) Survey City residents on a voluntary (4) making any recommendations for the ply system that is the subject of an emer- basis about exposure to lead, and inform City City, State, or other communities impacted gency declaration referred to in paragraph residents of the health and developmental by lead exposure, as appropriate. (2). impacts that may have resulted from that (g) AUTHORIZATION OF APPROPRIATIONS.— (b) STATE REVOLVING LOAN FUND ASSIST- exposure. There is authorized to be appropriated to ANCE.— (B) Identify and provide ongoing moni- carry out this section $20,000,000 for each of (1) IN GENERAL.—An eligible system shall toring for City residents on a voluntary basis fiscal years 2017 through 2026, to remain be— who have been exposed to lead. available until expended. (A) considered to be a disadvantaged com- (C) Collect and analyze clinical data re- SEC. 4805. GAO REVIEW AND REPORT. munity under section 1452(d) of the Safe lated to the monitoring and treatment of (a) IN GENERAL.—Not later than 1 year Drinking Water Act (42 U.S.C. 300j–12(d)); and City residents. after the date of enactment of this Act, the (B) eligible to receive loans with additional (D) Provide culturally and linguistically Attorney General and the Inspector General subsidization under that Act (42 U.S.C. 300f relevant personnel and materials necessary of the Environmental Protection Agency et seq.), including forgiveness of principal for City residents. shall submit to the Committees on Appro- under section 1452(d)(1) of that Act (42 U.S.C. (2) Without duplicating other Federal re- priations, Environment and Public Works, 300j–12(d)(1)). search efforts, conduct or recommend that and Homeland Security and Governmental (2) AUTHORIZATION.— the Secretary conduct or support, through a Affairs of the Senate and the Committees on (A) IN GENERAL.—Using funds provided grant or contract, research on physical, be- Appropriations, Energy and Commerce, under subsection (f)(1)(A), an eligible State havioral, and developmental impacts, as well Transportation and Infrastructure, and Over- may provide assistance to an eligible system as other health or educational impacts asso- sight and Government Reform of the House within the eligible State, for the purpose of ciated with lead exposure, including cancer, of Representatives a report on the status of addressing lead or other contaminants in heart disease, liver disease, neurological im- any ongoing investigations into the Federal drinking water, including repair and replace- pacts, developmental delays, reproductive and State response to the contamination of ment of public and private drinking water health impacts, and maternal and fetal the drinking water supply of the City of infrastructure. health impacts. Flint, Michigan. (B) INCLUSION.—Assistance under subpara- (3) Without duplicating other Federal ef- (b) REVIEW.—Not later than 30 days after graph (A) may include additional subsidiza- forts, develop or recommend that the Sec- the completion of the investigations de- tion under the Safe Drinking Water Act (42 retary develop or support the development scribed in subsection (a), the Comptroller U.S.C. 300f et seq.), as described in paragraph of, through a grant or contract, lead mitiga- General of the United States shall commence (1)(B). tion recommendations and allocate re- a review of issues that are not addressed by (3) LIMITATION.—Section 1452(d)(2) of the sources, as appropriate, for health-, edu- the investigations and relating to— Safe Drinking Water Act (42 U.S.C. 300j– cation-, and nutrition-related interventions, (1) the adequacy of the response by the 12(d)(2)) shall not apply to— as well as other interventions, to mitigate State of Michigan and the City of Flint to (A) any funds provided under subsection lead exposure in children and adults. the drinking water crisis in Flint, Michigan, (f)(1)(A); or (4) Establish a partnership with the Re- including the timeliness and transparency of (B) any other loan provided to an eligible gional Center of Excellence on Nutrition the response, as well as the capacity of the system. Education of the Department of Agriculture State and City to manage the drinking water (c) WATER INFRASTRUCTURE FINANCING.— to provide any relevant nutrition informa- system; and (1) SECURED LOANS.— tion for lead mitigation, including— (2) the adequacy of the response by Region (A) IN GENERAL.—The Administrator may (A) identifying and implementing best 5 of the Environmental Protection Agency to make a secured loan to an eligible State to practices in nutrition education regarding the drinking water crisis in Flint, Michigan, carry out a project to address lead or other lead-mitigating foods; and including the timeliness and transparency of contaminants in drinking water in an eligi- (B) making recommendations and con- the response. ble system. ducting outreach to improve access to lead- (c) CONTENTS OF REPORT.—Not later than 1 (B) AMOUNT.—Notwithstanding section mitigating foods in the community. year after commencing each review under 5029(b)(2) of the Water Infrastructure Fi- (5) Without duplicating other Federal ef- subsection (b), the Comptroller General of nance and Innovation Act of 2014 (33 U.S.C. forts, conduct or recommend that the Sec- the United States shall submit to Congress a 3908(b)(2)), the amount of a secured loan pro- retary conduct or support, through a grant report that includes— vided under subparagraph (A) may be equal or contract, education and outreach efforts (1) a statement of the principal findings of to not more than 80 percent of the reason- for the City and State, including the fol- the review; and ably anticipated costs of the projects. lowing: (2) recommendations for Congress and the (2) FEDERAL INVOLVEMENT.—Notwith- (A) Create a publicly accessible website President to take any actions to prevent a standing section 5029(b)(9) of the Water Infra- that provides, at minimum, details about the similar situation in the future and to protect structure Finance and Innovation Act of 2014 health registry for City residents, available public health. (33 U.S.C. 3908(b)(9)), any costs for a project testing and other services through the Cen- to address lead or other contaminants in ter for City residents and other communities SA 3285. Ms. MURKOWSKI submitted drinking water in an eligible system that are impacted by lead exposure, any relevant in- an amendment intended to be proposed not covered by a secured loan under para- formation regarding health and educational to amendment SA 3249 submitted by graph (1) may be covered using amounts in impacts of lead exposure, any relevant infor- Ms. STABENOW (for herself and Mr. the State revolving loan fund under section mation on mitigation services, and any re- PETERS) and intended to be proposed to 1452 of the Safe Drinking Water Act (42 search conducted through the Center. the amendment SA 2953 proposed by U.S.C. 300j–12). (B) Conduct at least 2 meetings annually in (d) ASSET MANAGEMENT PLAN.—Any indi- Ms. MURKOWSKI to the bill S. 2012, to the City to discuss the ongoing impact of provide for the modernization of the vidual or entity that carries out construc- lead exposure on residents and solicit com- tion of infrastructure using assistance pro- munity input regarding ongoing mitigation energy policy of the United States, and vided under this section shall develop and needs. for other purposes; which was ordered implement, in consultation with the Admin- (C) Establish a navigation program to con- to lie on the table; as follows: istrator and appropriate officials of the ap- nect City residents to available Federal, In lieu of the matter proposed to be in- plicable eligible State, a strategic and sys- State, and local resources and programs that serted, insert the following: tematic process of operating, maintaining,

VerDate Sep 11 2014 01:59 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.026 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S684 CONGRESSIONAL RECORD — SENATE February 4, 2016 and improving affected physical assets, with 3901 et seq.) shall apply to funding provided Administrator to warrant notice, either on a a focus on engineering and economic anal- under this subsection. case-specific or more general basis, the Ad- ysis based on quality information, to iden- (g) OFFSET.—There is rescinded the unobli- ministrator shall notify the public of the tify a structured sequence of maintenance, gated balance of amounts made available to concentrations of lead found in the moni- preservation, repair, rehabilitation, and re- carry out section 1703 of the Energy Policy toring activity conducted by the public placement actions that will achieve and sus- Act of 2005 (42 U.S.C. 16513). water system if the public water system or tain a desired state of good repair during the (h) HEALTH EFFECTS EVALUATION.—Pursu- the State does not notify the public of the lifecycle of the assets at minimum prac- ant to section 104(i)(1)(E) of the Comprehen- concentrations of lead found in a monitoring ticable cost. sive Environmental Response, Compensa- activity. (e) NONDUPLICATION OF WORK.—An activity tion, and Liability Act (42 U.S.C. ‘‘(B) RESULTS OF LEAD MONITORING.— carried out pursuant to this section shall not 9604(i)(1)(E)), and on receipt of a request of ‘‘(i) IN GENERAL.—The Administrator may duplicate the work or activity of any other an appropriate State or local health official provide notice of any result of lead moni- Federal or State department or agency. of an eligible State, the Director of the toring conducted by a public water system (f) FUNDING.— Agency for Toxic Substances and Disease to— (1) ADDITIONAL SRF CAPITALIZATION Registry of the National Center for Environ- ‘‘(I) any person that is served by the public GRANTS.— mental Health shall— water system; or (A) APPROPRIATION.—There is appropriated (1) in coordination with other Federal de- ‘‘(II) the local or State health department to the Administrator, out of any moneys in partments and agencies, as appropriate, con- of a locality or State in which the public the Treasury not otherwise appropriated, duct voluntary surveillance activities to water system is located. $50,000,000, to remain available for obligation evaluate any adverse health effects on indi- ‘‘(ii) FORM OF NOTICE.—The Administrator for 1 year after the date on which the viduals exposed to lead from drinking water; may provide the notice described in clause amounts are made available, to provide addi- and (i) by— tional grants to eligible States pursuant to (2) provide for those individuals consulta- ‘‘(I) press release; or section 1452 of the Safe Drinking Water Act tions regarding health issues relating to that ‘‘(II) other form of communication, includ- (42 U.S.C. 300j–12) for the purposes described exposure. ing local media.’’. in subsection (b)(2). (b) CONFORMING AMENDMENTS.—Section SEC. 4802. LOAN FORGIVENESS. (B) SUPPLEMENTED INTENDED USE PLANS.— 1414 (c) of the Safe Drinking Water Act (42 The Administrator shall disburse to an eligi- The matter under the heading ‘‘STATE AND U.S.C. 300g–3(c)) is amended— ble State amounts made available under sub- TRIBAL ASSISTANCE GRANTS’’ under the head- (1) in paragraph (1)(C), by striking ‘‘para- paragraph (A) by not later than 30 days after ing ‘‘ENVIRONMENTAL PROTECTION graph (2)(E)’’ and inserting ‘‘paragraph the date on which the eligible State submits AGENCY’’ in title II of division G of the Con- (2)(F)’’; to the Administrator a supplemented in- solidated Appropriations Act, 2016 (Public (2) in paragraph (2)(B)(i)(II), by striking tended use plan under section 1452(b) of the Law 114–113), is amended in paragraph (1), by ‘‘subparagraph (D)’’ and inserting ‘‘subpara- Safe Drinking Water Act (42 U.S.C. 300j– striking the semicolon at the end and insert- graph (E)’’; and 12(b)) that includes preapplication informa- ing the following: ‘‘or, if a Federal emer- (3) in paragraph (3)(B), in the first sen- tion regarding projects to be funded using gency declaration has been issued due to a tence, by striking ‘‘(D)’’ and inserting ‘‘(E)’’. the additional assistance, including, with re- threat to public health from heightened ex- SEC. 4804. CENTER OF EXCELLENCE ON LEAD EX- spect to each such project— posure to lead in a municipal drinking water POSURE. (i) a description of the project; supply, before the date of enactment of this (a) DEFINITIONS.—In this section: (ii) an explanation of the means by which Act: Provided further, That in a State in (1) CENTER.—The term ‘‘Center’’ means the the project will address a situation causing a which such an emergency declaration has Center of Excellence on Lead Exposure es- declared emergency in the eligible State; been issued, the State may use more than 20 tablished under subsection (b). (iii) the estimated cost of the project; and percent of the funds made available under (2) CITY.—The term ‘‘City’’ means a City (iv) the projected start date for construc- this title to the State for Drinking Water that has been exposed to lead through a tion of the project. State Revolving Fund capitalization grants water system or other source. (C) UNOBLIGATED AMOUNTS.—Any amounts to provide additional subsidy to eligible re- (3) COMMUNITY.—The term ‘‘community’’ made available to the Administrator under cipients;’’. means the community of the City. subparagraph (A) that are unobligated on the SEC. 4803. DISCLOSURE OF PUBLIC HEALTH (4) SECRETARY.—The term ‘‘Secretary’’ date that is 1 year after the date on which THREATS FROM LEAD EXPOSURE. means the Secretary of Health and Human the amounts are made available shall be (a) EXCEEDANCE OF LEAD ACTION LEVEL.— Services. available to carry out the Water Infrastruc- Section 1414(c) of the Safe Drinking Water (5) STATE.—The term ‘‘State’’ means a ture Finance and Innovation Act of 2014 (33 Act (42 U.S.C. 300g–3(c)) is amended— State containing a City that has been ex- U.S.C. 3901 et seq.), to remain available until (1) in paragraph (1), by adding at the end posed to lead through a water system or expended. the following: other source. (D) APPLICABILITY.—Section 1452(b)(1) of ‘‘(D) Notice of any exceedance of a lead ac- (b) ESTABLISHMENT.—The Secretary may, the Safe Drinking Water Act (42 U.S.C. 300j– tion level or any other prescribed level of by contract, grant, or cooperative agree- 12(b)(1)) shall not apply to a supplement to lead in a regulation issued under section ment, establish a center to be known as the an intended use plan under subparagraph (B). 1412, including the concentrations of lead ‘‘Center of Excellence on Lead Exposure’’. (2) WIFIA FUNDING.— found in a monitoring activity or any other (c) COLLABORATION.—The Center shall col- laborate with relevant Federal agencies, re- (A) APPROPRIATION.—There is appropriated level of lead determined by the Adminis- to the Administrator, out of any moneys in trator to warrant notice, either on a case- search institutions, hospitals, Federally the Treasury not otherwise appropriated, specific or more general basis.’’; qualified health centers, school-based health centers, community behavioral health pro- $50,000,000, to remain available until ex- (2) in paragraph (2)— viders, and State and local public health pended, to provide credit subsidies and ad- (A) by redesignating subparagraphs (D) and agencies in the development and operation of ministrative costs, in consultation with the (E) as subparagraphs (E) and (F), respec- the Center. Director of the Office of Management and tively; and (d) ADVISORY COMMITTEE.— Budget, for secured loans under subsection (B) by inserting after subparagraph (C) the (1) IN GENERAL.—The Center shall establish (c)(1)(A) in an amount equal to not more following: an advisory committee to provide scientific than $600,000,000 to eligible States under the ‘‘(D) EXCEEDANCE OF LEAD ACTION LEVEL.— and technical support for the Center and to Water Infrastructure Finance and Innova- Regulations issued under subparagraph (A) advise the Secretary, consisting of, at a min- tion Act of 2014 (33 U.S.C. 3901 et seq.). shall specify notification procedures for an imum— (B) DEADLINE.—The Administrator and the exceedance of a lead action level or any (A) an epidemiologist; Director of the Office of Management and other prescribed level of lead in a regulation (B) a toxicologist; Budget shall provide to an eligible State a issued under section 1412.’’; (C) a mental health professional; credit subsidy under subparagraph (A) by not (3) by redesignating paragraphs (3) and (4) (D) a pediatrician; later than 60 days after the date of receipt of as paragraphs (4) and (5), respectively; and (E) an early childhood education expert; a loan application from the eligible State. (4) by inserting after paragraph (2) the fol- (F) a special education expert; (C) USE.—Secured loans provided pursuant lowing: (G) a dietician; to subparagraph (A) shall be available for ac- ‘‘(3) NOTIFICATION OF THE PUBLIC RELATING (H) an environmental health expert; and tivities to address lead and other contami- TO LEAD.— (I) 2 community representatives. nants in drinking water, including repair and ‘‘(A) EXCEEDANCE OF LEAD ACTION LEVEL.— (2) APPLICATION OF FACA.—The advisory replacement of public and private drinking Not later than 15 days after the date of being committee shall be subject to the Federal water infrastructure. notified by the primary agency of an exceed- Advisory Committee Act (5 U.S.C. App.). (3) APPLICABILITY.—Unless explicitly ance of a lead action level or any other pre- (e) RESPONSIBILITIES.—The Center shall, at waived, all requirements under section scribed level of lead in a regulation issued minimum, develop and carry out the fol- 1450(e) of the Safe Drinking Water Act (42 under section 1412, including the concentra- lowing components and responsibilities: U.S.C.300j–9(e)) and the Water Infrastructure tions of lead found in a monitoring activity (1) Establish a health registry with the fol- Finance and Innovation Act of 2014 (33 U.S.C. or any other level of lead determined by the lowing responsibilities:

VerDate Sep 11 2014 01:59 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.027 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 4, 2016 CONGRESSIONAL RECORD — SENATE S685 (A) Survey City residents on a voluntary (4) making any recommendations for the land use planning process of the Bureau of basis about exposure to lead, and inform City City, State, or other communities impacted Land Management as being a preferred loca- residents of the health and developmental by lead exposure, as appropriate. tion for a renewable energy project. impacts that may have resulted from that (g) AUTHORIZATION OF APPROPRIATIONS.— (4) PUBLIC LAND.—The term ‘‘public land’’ exposure. There is authorized to be appropriated to has the meaning given the term ‘‘public (B) Identify and provide ongoing moni- carry out this section $20,000,000 for each of lands’’ in section 103 of the Federal Land toring for City residents on a voluntary basis fiscal years 2017 through 2026, to remain Policy and Management Act of 1976 (43 who have been exposed to lead. available until expended. U.S.C. 1702). (C) Collect and analyze clinical data re- SEC. 4805. GAO REVIEW AND REPORT. (5) RENEWABLE ENERGY PROJECT.—The term lated to the monitoring and treatment of (a) IN GENERAL.—Not later than 1 year ‘‘renewable energy project’’ means a project City residents. after the date of enactment of this Act, the carried out on covered land that uses wind, (D) Provide culturally and linguistically Attorney General and the Inspector General solar, or geothermal energy to generate en- relevant personnel and materials necessary of the Environmental Protection Agency ergy. for City residents. shall submit to the Committees on Appro- (6) SECRETARY.—The term ‘‘Secretary’’ (2) Without duplicating other Federal re- priations, Environment and Public Works, means the Secretary of the Interior. search efforts, conduct or recommend that and Homeland Security and Governmental (7) VARIANCE AREA.—The term ‘‘variance the Secretary conduct or support, through a Affairs of the Senate and the Committees on area’’ means covered land that is— grant or contract, research on physical, be- Appropriations, Energy and Commerce, (A) not an exclusion area; and havioral, and developmental impacts, as well Transportation and Infrastructure, and Over- (B) not a priority area. as other health or educational impacts asso- sight and Government Reform of the House SEC. 3011B. LAND USE PLANNING; SUPPLEMENTS ciated with lead exposure, including cancer, of Representatives a report on the status of TO PROGRAMMATIC ENVIRON- heart disease, liver disease, neurological im- any ongoing investigations into the Federal MENTAL IMPACT STATEMENTS. pacts, developmental delays, reproductive and State response to the contamination of (a) PRIORITY AREAS.— health impacts, and maternal and fetal the drinking water supply of the City of (1) IN GENERAL.—The Secretary, in con- health impacts. Flint, Michigan. sultation with the Secretary of Energy, shall (3) Without duplicating other Federal ef- (b) REVIEW.—Not later than 30 days after establish priority areas on covered land for forts, develop or recommend that the Sec- the completion of the investigations de- geothermal, solar, and wind energy projects. retary develop or support the development scribed in subsection (a), the Comptroller (2) DEADLINE.— of, through a grant or contract, lead mitiga- General of the United States shall commence (A) GEOTHERMAL ENERGY.—For geothermal tion recommendations and allocate re- a review of issues that are not addressed by energy, the Secretary shall establish priority sources, as appropriate, for health-, edu- the investigations and relating to— areas as soon as practicable, but not later cation-, and nutrition-related interventions, (1) the adequacy of the response by the than 5 years, after the date of enactment of as well as other interventions, to mitigate State of Michigan and the City of Flint to this Act. lead exposure in children and adults. the drinking water crisis in Flint, Michigan, (B) SOLAR ENERGY.—For solar energy, the (4) Establish a partnership with the Re- including the timeliness and transparency of solar energy zones established by the 2012 gional Center of Excellence on Nutrition the response, as well as the capacity of the western solar plan of the Bureau of Land Education of the Department of Agriculture State and City to manage the drinking water Management shall be considered to be pri- to provide any relevant nutrition informa- system; and ority areas for solar energy projects. tion for lead mitigation, including— (2) the adequacy of the response by Region (C) WIND ENERGY.—For wind energy, the (A) identifying and implementing best 5 of the Environmental Protection Agency to Secretary shall establish priority areas as practices in nutrition education regarding the drinking water crisis in Flint, Michigan, soon as practicable, but not later than 3 lead-mitigating foods; and including the timeliness and transparency of years, after the date of enactment of this (B) making recommendations and con- the response. Act. ducting outreach to improve access to lead- (c) CONTENTS OF REPORT.—Not later than 1 (b) VARIANCE AREAS.—To the maximum ex- mitigating foods in the community. year after commencing each review under tent practicable, variance areas shall be con- (5) Without duplicating other Federal ef- subsection (b), the Comptroller General of sidered for renewable energy project develop- the United States shall submit to Congress a forts, conduct or recommend that the Sec- ment, consistent with the principles of mul- report that includes— retary conduct or support, through a grant tiple use as defined in the Federal Land Pol- (1) a statement of the principal findings of icy and Management Act of 1976 (43 U.S.C. or contract, education and outreach efforts the review; and 1701 et seq.). for the City and State, including the fol- (2) recommendations for Congress and the (c) REVIEW AND MODIFICATION.—Not less lowing: President to take any actions to prevent a frequently than once every 10 years, the Sec- (A) Create a publicly accessible website similar situation in the future and to protect retary shall— that provides, at minimum, details about the public health. (1) review the adequacy of land allocations health registry for City residents, available for geothermal, solar, and wind energy pri- testing and other services through the Cen- SA 3286. Mr. HELLER (for himself ority and variance areas for the purpose of ter for City residents and other communities and Mr. HEINRICH) submitted an encouraging new renewable energy develop- impacted by lead exposure, any relevant in- ment opportunities; and formation regarding health and educational amendment intended to be proposed to amendment SA 2953 proposed by Ms. (2) based on the review carried out under impacts of lead exposure, any relevant infor- paragraph (1), add, modify, or eliminate pri- MURKOWSKI to the bill S. 2012, to pro- mation on mitigation services, and any re- ority, variance, and exclusion areas. search conducted through the Center. vide for the modernization of the en- (d) COMPLIANCE WITH THE NATIONAL ENVI- (B) Conduct at least 2 meetings annually in ergy policy of the United States, and RONMENTAL POLICY ACT.—For purposes of the City to discuss the ongoing impact of for other purposes; which was ordered this section, compliance with the National lead exposure on residents and solicit com- to lie on the table; as follows: Environmental Policy Act of 1969 (42 U.S.C. munity input regarding ongoing mitigation On page 244, between lines 13 and 14, insert 4321 et seq.) shall be accomplished— needs. the following: (1) for geothermal energy, by (C) Establish a navigation program to con- supplementing the October 2008 final pro- Subpart B—Development of Geothermal, nect City residents to available Federal, grammatic environmental impact statement Solar, and Wind Energy on Public Land State, and local resources and programs that for geothermal leasing in the western United assist with cognitive, developmental, and SEC. 3011A. DEFINITIONS. States; health problems associated with lead expo- In this subpart: (2) for solar energy, by supplementing the sure. (1) COVERED LAND.—The term ‘‘covered July 2012 final programmatic environmental (f) REPORT.—Annually, the Secretary shall land’’ means land that is— impact statement for solar energy projects; submit to the Committees on Finance, (A) public land administered by the Sec- and Health, Education, Labor, and Pensions, and retary; and (3) for wind energy, by supplementing the Agriculture, Nutrition, and Forestry of the (B) not excluded from the development of July 2005 final programmatic environmental Senate and the Committees on Education geothermal, solar, or wind energy under— impact statement for wind energy projects. and the Workforce, Energy and Commerce, (i) a land use plan established under the (e) NO EFFECT ON PROCESSING APPLICA- and Agriculture of the House of Representa- Federal Land Policy and Management Act of TIONS.—A requirement to prepare a supple- tives a report— 1976 (43 U.S.C. 1701 et seq.); or ment to a programmatic environmental im- (1) assessing the impacts of the Center on (ii) other Federal law. pact statement under this section shall not City health and education systems and out- (2) EXCLUSION AREA.—The term ‘‘exclusion result in any delay in processing an applica- comes; area’’ means covered land that is identified tion for a renewable energy project. (2) describing any research conducted by or by the Bureau of Land Management as not (f) COORDINATION.—In developing a supple- in connection with the Center; suitable for development of renewable en- ment required by this section, the Secretary (3) describing any mitigation tools used or ergy projects. shall coordinate, on an ongoing basis, with developed by the Center including outcomes; (3) PRIORITY AREA.—The term ‘‘priority appropriate State, tribal, and local govern- and area’’ means covered land identified by the ments, transmission infrastructure owners

VerDate Sep 11 2014 01:59 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.027 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S686 CONGRESSIONAL RECORD — SENATE February 4, 2016

and operators, developers, and other appro- (D) planning under section 14 of the Na- (3) ELIGIBLE SYSTEM.—The term ‘‘eligible priate entities to ensure that priority areas tional Forest Management Act of 1976 (16 system’’ means a public drinking water sup- identified by the Secretary are— U.S.C. 472a); ply system that is the subject of an emer- (1) economically viable (including having (E) the Federal Land Policy and Manage- gency declaration referred to in paragraph access to transmission); ment Act of 1976 (43 U.S.C. 1701 et seq.); (2). (2) likely to avoid or minimize conflict (F) the Migratory Bird Treaty Act (16 (b) STATE REVOLVING LOAN FUND ASSIST- with habitat for animals and plants, recre- U.S.C. 703 et seq.); and ANCE.— ation, and other uses of covered land; and (G) the preparation of analyses under the (1) IN GENERAL.—An eligible system shall (3) consistent with section 202 of the Fed- National Environmental Policy Act of 1969 be— eral Land Policy and Management Act of (42 U.S.C. 4321 et seq.). (A) considered to be a disadvantaged com- 1976 (43 U.S.C. 1712), including subsection (2) DUTIES.—Each employee assigned under munity under section 1452(d) of the Safe (c)(9) of that section. paragraph (1) shall— Drinking Water Act (42 U.S.C. 300j–12(d)); and (g) REMOVAL FROM CLASSIFICATION.—In (A) be responsible for addressing all issues (B) eligible to receive loans with additional carrying out subsections (a), (c), and (d), if relating to the jurisdiction of the home of- subsidization under that Act (42 U.S.C. 300f the Secretary determines an area previously fice or agency of the employee; and et seq.), including forgiveness of principal suited for development should be removed (B) participate as part of the team of per- under section 1452(d)(1) of that Act (42 U.S.C. from priority or variance classification, not sonnel working on proposed energy projects, 300j–12(d)(1)). later than 90 days after the date of the deter- planning, monitoring, inspection, enforce- (2) AUTHORIZATION.— mination, the Secretary shall submit to Con- ment, and environmental analyses. (A) IN GENERAL.—Using funds provided gress a report on the determination. (d) ADDITIONAL PERSONNEL.—The Secretary under subsection (f)(1)(A), an eligible State SEC. 3011C. ENVIRONMENTAL REVIEW ON COV- may assign additional personnel for the re- may provide assistance to an eligible system ERED LAND. newable energy coordination offices as are within the eligible State, for the purpose of (a) IN GENERAL.—If the Secretary deter- necessary to ensure the effective implemen- addressing lead or other contaminants in mines that a proposed renewable energy tation of any programs administered by drinking water, including repair and replace- project has been sufficiently analyzed by a those offices, including inspection and en- ment of public and private drinking water programmatic environmental impact state- forcement relating to renewable energy infrastructure. ment conducted under section 3011B(d), the project development on covered land, in ac- (B) INCLUSION.—Assistance under subpara- Secretary shall not require any additional cordance with the multiple use mandate of graph (A) may include additional subsidiza- review under the National Environmental the Federal Land Policy and Management tion under the Safe Drinking Water Act (42 Policy Act of 1969 (42 U.S.C. 4321 et seq.). Act of 1976 (43 U.S.C. 1701 et seq.). U.S.C. 300f et seq.), as described in paragraph (1)(B). (b) ADDITIONAL ENVIRONMENTAL REVIEW.— (e) RENEWABLE ENERGY COORDINATION OF- (3) LIMITATION.—Section 1452(d)(2) of the If the Secretary determines that additional FICES.—In implementing the program estab- environmental review under the National lished under this section, the Secretary may Safe Drinking Water Act (42 U.S.C. 300j– Environmental Policy Act of 1969 (42 U.S.C. establish additional renewable energy co- 12(d)(2)) shall not apply to— 4321 et seq.) is necessary for a proposed re- ordination offices or temporarily assign the (A) any funds provided under subsection (f)(1)(A); or newable energy project, the Secretary shall qualified staff described in subsection (c) to (B) any other loan provided to an eligible rely on the analysis in the programmatic en- a State, district, or field office of the Bureau system. vironmental impact statement conducted of Land Management to expedite the permit- (c) WATER INFRASTRUCTURE FINANCING.— under section 3011B(d), to the maximum ex- ting of renewable energy projects, as the (1) SECURED LOANS.— tent practicable when analyzing the poten- Secretary determines to be necessary. (A) IN GENERAL.—The Administrator may tial impacts of the project. (f) REPORT TO CONGRESS.— make a secured loan to an eligible State to (c) RELATIONSHIP TO OTHER LAW.—Nothing (1) IN GENERAL.—Not later than February 1 carry out a project to address lead or other in this section modifies or supersedes any re- of the first fiscal year beginning after the quirement under applicable law, including contaminants in drinking water in an eligi- date of enactment of this Act, and each Feb- ble system. the National Environmental Policy Act of ruary 1 thereafter, the Secretary shall sub- 1969 (42 U.S.C. 4321 et seq.). (B) AMOUNT.—Notwithstanding section mit to the Committee on Energy and Nat- 5029(b)(2) of the Water Infrastructure Fi- SEC. 3011D. PROGRAM TO IMPROVE RENEWABLE ural Resources of the Senate and the Com- nance and Innovation Act of 2014 (33 U.S.C. ENERGY PROJECT PERMIT COORDI- mittee on Natural Resources of the House of NATION. 3908(b)(2)), the amount of a secured loan pro- Representatives a report describing the vided under subparagraph (A) may be equal (a) ESTABLISHMENT.—The Secretary shall progress made pursuant to the program establish a program to improve Federal per- to not more than 80 percent of the reason- under this subpart during the preceding ably anticipated costs of the projects. mit coordination with respect to renewable year. energy projects on covered land. (2) FEDERAL INVOLVEMENT.—Notwith- (2) INCLUSIONS.—Each report under this (b) MEMORANDUM OF UNDERSTANDING.— standing section 5029(b)(9) of the Water Infra- subsection shall include— (1) IN GENERAL.—Not later than 180 days structure Finance and Innovation Act of 2014 (A) projections for renewable energy pro- after the date of enactment of this Act, the (33 U.S.C. 3908(b)(9)), any costs for a project duction and capacity installations; and Secretary shall enter into a memorandum of to address lead or other contaminants in (B) a description of any problems relating understanding for purposes of this section, drinking water in an eligible system that are to leasing, permitting, siting, or production. including to specifically expedite the envi- not covered by a secured loan under para- On page 244, line 14, strike ‘‘Subpart B’’ ronmental analysis of applications for graph (1) may be covered using amounts in and insert ‘‘Subpart C’’. projects proposed in a variance area, with— the State revolving loan fund under section 1452 of the Safe Drinking Water Act (42 (A) the Secretary of Agriculture; and SA 3287. Ms. MURKOWSKI submitted (B) the Assistant Secretary of the Army U.S.C. 300j–12). for Civil Works. an amendment intended to be proposed (d) ASSET MANAGEMENT PLAN.—Any indi- vidual or entity that carries out construc- (2) STATE PARTICIPATION.—The Secretary by her to the bill S. 2012, to provide for tion of infrastructure using assistance pro- may request the Governor of any interested the modernization of the energy policy vided under this section shall develop and State to be a signatory to the memorandum of the United States, and for other pur- implement, in consultation with the Admin- of understanding under paragraph (1). poses; which was ordered to lie on the istrator and appropriate officials of the ap- (c) DESIGNATION OF QUALIFIED STAFF.— table; as follows: plicable eligible State, a strategic and sys- (1) IN GENERAL.—Not later than 90 days In lieu of the matter proposed to be in- tematic process of operating, maintaining, after the date on which the memorandum of serted, insert the following: and improving affected physical assets, with understanding under subsection (b) is exe- a focus on engineering and economic anal- cuted, all Federal signatories, as appro- Subtitle I—Prevention and Protection From Lead Exposure ysis based on quality information, to iden- priate, shall identify for each of the Bureau tify a structured sequence of maintenance, of Land Management Renewable Energy Co- SEC. 4801. DRINKING WATER INFRASTRUCTURE. preservation, repair, rehabilitation, and re- ordination Offices an employee who has ex- (a) DEFINITIONS.—In this section: placement actions that will achieve and sus- pertise in the regulatory issues relating to (1) ADMINISTRATOR.—The term ‘‘Adminis- tain a desired state of good repair during the the office in which the employee is em- trator’’ means the Administrator of the En- lifecycle of the assets at minimum prac- ployed, including, as applicable, particular vironmental Protection Agency. ticable cost. expertise in— (2) ELIGIBLE STATE.—The term ‘‘eligible (e) NONDUPLICATION OF WORK.—An activity (A) consultation regarding, and prepara- State’’ means a State for which the Presi- carried out pursuant to this section shall not tion of, biological opinions under section 7 of dent has declared an emergency under the duplicate the work or activity of any other the Endangered Species Act of 1973 (16 U.S.C. Robert T. Stafford Disaster Relief and Emer- Federal or State department or agency. 1536); gency Assistance Act (42 U.S.C. 5121 et seq.) (f) FUNDING.— (B) permits under section 404 of Federal relating to the public health threats associ- (1) ADDITIONAL SRF CAPITALIZATION Water Pollution Control Act (33 U.S.C. 1344); ated with the presence of lead or other con- GRANTS.— (C) regulatory matters under the Clean Air taminants in a public drinking water supply (A) APPROPRIATION.—There is appropriated Act (42 U.S.C. 7401 et seq.); system. to the Administrator, out of any moneys in

VerDate Sep 11 2014 01:59 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.028 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 4, 2016 CONGRESSIONAL RECORD — SENATE S687

the Treasury not otherwise appropriated, duct voluntary surveillance activities to ‘‘(ii) FORM OF NOTICE.—The Administrator $50,000,000, to remain available for obligation evaluate any adverse health effects on indi- may provide the notice described in clause for 1 year after the date on which the viduals exposed to lead from drinking water; (i) by— amounts are made available, to provide addi- and ‘‘(I) press release; or tional grants to eligible States pursuant to (2) provide for those individuals consulta- ‘‘(II) other form of communication, includ- section 1452 of the Safe Drinking Water Act tions regarding health issues relating to that ing local media.’’. (42 U.S.C. 300j–12) for the purposes described exposure. (b) CONFORMING AMENDMENTS.—Section in subsection (b)(2). SEC. 4802. LOAN FORGIVENESS. 1414 (c) of the Safe Drinking Water Act (42 (B) SUPPLEMENTED INTENDED USE PLANS.— The matter under the heading ‘‘STATE AND U.S.C. 300g–3(c)) is amended— The Administrator shall disburse to an eligi- TRIBAL ASSISTANCE GRANTS’’ under the head- (1) in paragraph (1)(C), by striking ‘‘para- ble State amounts made available under sub- ing ‘‘ENVIRONMENTAL PROTECTION graph (2)(E)’’ and inserting ‘‘paragraph paragraph (A) by not later than 30 days after AGENCY’’ in title II of division G of the Con- (2)(F)’’; the date on which the eligible State submits solidated Appropriations Act, 2016 (Public (2) in paragraph (2)(B)(i)(II), by striking to the Administrator a supplemented in- Law 114–113), is amended in paragraph (1), by ‘‘subparagraph (D)’’ and inserting ‘‘subpara- tended use plan under section 1452(b) of the striking the semicolon at the end and insert- graph (E)’’; and Safe Drinking Water Act (42 U.S.C. 300j– ing the following: ‘‘or, if a Federal emer- (3) in paragraph (3)(B), in the first sen- 12(b)) that includes preapplication informa- gency declaration has been issued due to a tence, by striking ‘‘(D)’’ and inserting ‘‘(E)’’. tion regarding projects to be funded using threat to public health from heightened ex- SEC. 4804. CENTER OF EXCELLENCE ON LEAD EX- the additional assistance, including, with re- posure to lead in a municipal drinking water POSURE. spect to each such project— supply, before the date of enactment of this (a) DEFINITIONS.—In this section: (i) a description of the project; Act: Provided further, That in a State in (1) CENTER.—The term ‘‘Center’’ means the (ii) an explanation of the means by which which such an emergency declaration has Center of Excellence on Lead Exposure es- the project will address a situation causing a been issued, the State may use more than 20 tablished under subsection (b). declared emergency in the eligible State; percent of the funds made available under (2) CITY.—The term ‘‘City’’ means a City (iii) the estimated cost of the project; and this title to the State for Drinking Water that has been exposed to lead through a (iv) the projected start date for construc- State Revolving Fund capitalization grants water system or other source. tion of the project. to provide additional subsidy to eligible re- (3) COMMUNITY.—The term ‘‘community’’ (C) UNOBLIGATED AMOUNTS.—Any amounts cipients;’’. means the community of the City. made available to the Administrator under SEC. 4803. DISCLOSURE OF PUBLIC HEALTH (4) SECRETARY.—The term ‘‘Secretary’’ subparagraph (A) that are unobligated on the THREATS FROM LEAD EXPOSURE. means the Secretary of Health and Human date that is 1 year after the date on which (a) EXCEEDANCE OF LEAD ACTION LEVEL.— Services. the amounts are made available shall be Section 1414(c) of the Safe Drinking Water (5) STATE.—The term ‘‘State’’ means a available to carry out the Water Infrastruc- Act (42 U.S.C. 300g–3(c)) is amended— State containing a City that has been ex- ture Finance and Innovation Act of 2014 (33 (1) in paragraph (1), by adding at the end posed to lead through a water system or U.S.C. 3901 et seq.), to remain available until the following: other source. (b) ESTABLISHMENT.—The Secretary may, expended. ‘‘(D) Notice of any exceedance of a lead ac- tion level or any other prescribed level of by contract, grant, or cooperative agree- (D) APPLICABILITY.—Section 1452(b)(1) of lead in a regulation issued under section ment, establish a center to be known as the the Safe Drinking Water Act (42 U.S.C. 300j– 1412, including the concentrations of lead ‘‘Center of Excellence on Lead Exposure’’. 12(b)(1)) shall not apply to a supplement to found in a monitoring activity or any other (c) COLLABORATION.—The Center shall col- an intended use plan under subparagraph (B). level of lead determined by the Adminis- laborate with relevant Federal agencies, re- (2) WIFIA FUNDING.— trator to warrant notice, either on a case- search institutions, hospitals, Federally (A) APPROPRIATION.—There is appropriated specific or more general basis.’’; qualified health centers, school-based health to the Administrator, out of any moneys in (2) in paragraph (2)— centers, community behavioral health pro- the Treasury not otherwise appropriated, (A) by redesignating subparagraphs (D) and viders, and State and local public health $50,000,000, to remain available until ex- (E) as subparagraphs (E) and (F), respec- agencies in the development and operation of pended, to provide credit subsidies and ad- tively; and the Center. ministrative costs, in consultation with the (B) by inserting after subparagraph (C) the (d) ADVISORY COMMITTEE.— Director of the Office of Management and following: (1) IN GENERAL.—The Center shall establish Budget, for secured loans under subsection an advisory committee to provide scientific ‘‘(D) EXCEEDANCE OF LEAD ACTION LEVEL.— (c)(1)(A) in an amount equal to not more Regulations issued under subparagraph (A) and technical support for the Center and to than $600,000,000 to eligible States under the advise the Secretary, consisting of, at a min- shall specify notification procedures for an Water Infrastructure Finance and Innova- imum— exceedance of a lead action level or any tion Act of 2014 (33 U.S.C. 3901 et seq.). (A) an epidemiologist; other prescribed level of lead in a regulation (B) DEADLINE.—The Administrator and the (B) a toxicologist; issued under section 1412.’’; Director of the Office of Management and (C) a mental health professional; (3) by redesignating paragraphs (3) and (4) Budget shall provide to an eligible State a (D) a pediatrician; as paragraphs (4) and (5), respectively; and credit subsidy under subparagraph (A) by not (E) an early childhood education expert; (4) by inserting after paragraph (2) the fol- later than 60 days after the date of receipt of (F) a special education expert; lowing: a loan application from the eligible State. (G) a dietician; ‘‘(3) NOTIFICATION OF THE PUBLIC RELATING (C) USE.—Secured loans provided pursuant (H) an environmental health expert; and TO LEAD.— to subparagraph (A) shall be available for ac- (I) 2 community representatives. ‘‘(A) EXCEEDANCE OF LEAD ACTION LEVEL.— tivities to address lead and other contami- (2) APPLICATION OF FACA.—The advisory Not later than 15 days after the date of being nants in drinking water, including repair and committee shall be subject to the Federal notified by the primary agency of an exceed- replacement of public and private drinking Advisory Committee Act (5 U.S.C. App.). ance of a lead action level or any other pre- water infrastructure. (e) RESPONSIBILITIES.—The Center shall, at scribed level of lead in a regulation issued (3) APPLICABILITY.—Unless explicitly minimum, develop and carry out the fol- under section 1412, including the concentra- waived, all requirements under section lowing components and responsibilities: tions of lead found in a monitoring activity 1450(e) of the Safe Drinking Water Act (42 (1) Establish a health registry with the fol- or any other level of lead determined by the U.S.C.300j–9(e)) and the Water Infrastructure lowing responsibilities: Administrator to warrant notice, either on a Finance and Innovation Act of 2014 (33 U.S.C. (A) Survey City residents on a voluntary case-specific or more general basis, the Ad- 3901 et seq.) shall apply to funding provided basis about exposure to lead, and inform City ministrator shall notify the public of the under this subsection. residents of the health and developmental concentrations of lead found in the moni- (g) OFFSET.—There is rescinded the unobli- impacts that may have resulted from that gated balance of amounts made available to toring activity conducted by the public exposure. carry out section 1703 of the Energy Policy water system if the public water system or (B) Identify and provide ongoing moni- Act of 2005 (42 U.S.C. 16513). the State does not notify the public of the toring for City residents on a voluntary basis (h) HEALTH EFFECTS EVALUATION.—Pursu- concentrations of lead found in a monitoring who have been exposed to lead. ant to section 104(i)(1)(E) of the Comprehen- activity. (C) Collect and analyze clinical data re- sive Environmental Response, Compensa- ‘‘(B) RESULTS OF LEAD MONITORING.— lated to the monitoring and treatment of tion, and Liability Act (42 U.S.C. ‘‘(i) IN GENERAL.—The Administrator may City residents. 9604(i)(1)(E)), and on receipt of a request of provide notice of any result of lead moni- (D) Provide culturally and linguistically an appropriate State or local health official toring conducted by a public water system relevant personnel and materials necessary of an eligible State, the Director of the to— for City residents. Agency for Toxic Substances and Disease ‘‘(I) any person that is served by the public (2) Without duplicating other Federal re- Registry of the National Center for Environ- water system; or search efforts, conduct or recommend that mental Health shall— ‘‘(II) the local or State health department the Secretary conduct or support, through a (1) in coordination with other Federal de- of a locality or State in which the public grant or contract, research on physical, be- partments and agencies, as appropriate, con- water system is located. havioral, and developmental impacts, as well

VerDate Sep 11 2014 01:59 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.029 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S688 CONGRESSIONAL RECORD — SENATE February 4, 2016 as other health or educational impacts asso- Transportation and Infrastructure, and Over- project in the States of California and Or- ciated with lead exposure, including cancer, sight and Government Reform of the House egon. heart disease, liver disease, neurological im- of Representatives a report on the status of ‘‘(B) INCLUSIONS.—The term ‘Klamath pacts, developmental delays, reproductive any ongoing investigations into the Federal Project’ includes any dams, canals, and health impacts, and maternal and fetal and State response to the contamination of other works and interests for water diver- health impacts. the drinking water supply of the City of sion, storage, delivery, and drainage, flood (3) Without duplicating other Federal ef- Flint, Michigan. control, and similar functions that are part forts, develop or recommend that the Sec- (b) REVIEW.—Not later than 30 days after of the project described in subparagraph (A). retary develop or support the development the completion of the investigations de- ‘‘(3) POWER COST BENCHMARK.—The term of, through a grant or contract, lead mitiga- scribed in subsection (a), the Comptroller ‘power cost benchmark’ means the average tion recommendations and allocate re- General of the United States shall commence net delivered cost of power for irrigation and sources, as appropriate, for health-, edu- a review of issues that are not addressed by drainage at Reclamation projects in the area cation-, and nutrition-related interventions, the investigations and relating to— surrounding the Klamath Project that are as well as other interventions, to mitigate (1) the adequacy of the response by the similarly situated to the Klamath Project, lead exposure in children and adults. State of Michigan and the City of Flint to including Reclamation projects that— (4) Establish a partnership with the Re- the drinking water crisis in Flint, Michigan, ‘‘(A) are located in the Pacific Northwest; gional Center of Excellence on Nutrition including the timeliness and transparency of and Education of the Department of Agriculture the response, as well as the capacity of the ‘‘(B) receive project-use power. to provide any relevant nutrition informa- State and City to manage the drinking water ‘‘(b) WATER, ENVIRONMENTAL, AND POWER tion for lead mitigation, including— system; and ACTIVITIES.— (A) identifying and implementing best (2) the adequacy of the response by Region ‘‘(1) IN GENERAL.—Pursuant to the reclama- practices in nutrition education regarding 5 of the Environmental Protection Agency to tion laws and subject to appropriations and lead-mitigating foods; and the drinking water crisis in Flint, Michigan, required environmental reviews, the Sec- (B) making recommendations and con- including the timeliness and transparency of retary may carry out activities, including ducting outreach to improve access to lead- the response. entering into an agreement or contract or mitigating foods in the community. (c) CONTENTS OF REPORT.—Not later than 1 otherwise making financial assistance avail- (5) Without duplicating other Federal ef- year after commencing each review under able— ‘‘(A) to plan, implement, and administer forts, conduct or recommend that the Sec- subsection (b), the Comptroller General of programs to align water supplies and demand retary conduct or support, through a grant the United States shall submit to Congress a for irrigation water users associated with or contract, education and outreach efforts report that includes— the Klamath Project, with a primary empha- for the City and State, including the fol- (1) a statement of the principal findings of sis on programs developed or endorsed by lowing: the review; and local entities comprised of representatives of (A) Create a publicly accessible website (2) recommendations for Congress and the those water users; that provides, at minimum, details about the President to take any actions to prevent a ‘‘(B) to plan and implement activities and health registry for City residents, available similar situation in the future and to protect projects that— testing and other services through the Cen- public health. ‘‘(i) avoid or mitigate environmental ef- ter for City residents and other communities SA 3288. Mr. MERKLEY (for himself fects of irrigation activities; or impacted by lead exposure, any relevant in- ‘‘(ii) restore habitats in the Klamath Basin formation regarding health and educational and Mr. WYDEN) submitted an amend- watershed, including restoring tribal fishery impacts of lead exposure, any relevant infor- ment intended to be proposed to resources held in trust; and mation on mitigation services, and any re- amendment SA 2953 proposed by Ms. ‘‘(C) to limit the net delivered cost of search conducted through the Center. MURKOWSKI to the bill S. 2012, to pro- power for covered power uses. (B) Conduct at least 2 meetings annually in vide for the modernization of the en- ‘‘(2) EFFECT.—Nothing in subparagraph (A) the City to discuss the ongoing impact of ergy policy of the United States, and or (B) of paragraph (1) authorizes the Sec- lead exposure on residents and solicit com- retary— munity input regarding ongoing mitigation for other purposes; which was ordered to lie on the table; as follows: ‘‘(A) to develop or construct new facilities needs. for the Klamath Project without appropriate (C) Establish a navigation program to con- At the end of subtitle E of title IV, add the approval from Congress under section 9 of nect City residents to available Federal, following: the Reclamation Projects Act of 1939 (43 State, and local resources and programs that SEC. 44lll. KLAMATH PROJECT WATER AND U.S.C. 485h); or assist with cognitive, developmental, and POWER. ‘‘(B) to carry out activities that have not health problems associated with lead expo- (a) ADDRESSING WATER MANAGEMENT AND otherwise been authorized. sure. POWER COSTS FOR IRRIGATION.—The Klamath ‘‘(c) REDUCING POWER COSTS.— (f) REPORT.—Annually, the Secretary shall Basin Water Supply Enhancement Act of 2000 ‘‘(1) IN GENERAL.—Not later than 180 days submit to the Committees on Finance, (Public Law 106–498; 114 Stat. 2221) is amend- after the date of enactment of the Energy Health, Education, Labor, and Pensions, and ed— Policy Modernization Act of 2016, the Sec- Agriculture, Nutrition, and Forestry of the (1) by redesignating sections 4 through 6 as retary, in consultation with interested irri- Senate and the Committees on Education sections 5 through 7, respectively; and gation interests that are eligible for covered and the Workforce, Energy and Commerce, (2) by inserting after section 3 the fol- power use and representative organizations and Agriculture of the House of Representa- lowing: of those interests, shall submit to the Com- tives a report— ‘‘SEC. 4. POWER AND WATER MANAGEMENT. mittee on Energy and Natural Resources of (1) assessing the impacts of the Center on ‘‘(a) DEFINITIONS.—In this section: the Senate and the Committee on Natural City health and education systems and out- ‘‘(1) COVERED POWER USE.—The term ‘cov- Resources of the House of Representatives a comes; ered power use’ means a use of power to de- report that— (2) describing any research conducted by or velop or manage water for irrigation, wild- ‘‘(A) identifies the power cost benchmark; in connection with the Center; life purposes, or drainage on land that is— and (3) describing any mitigation tools used or ‘‘(A) associated with the Klamath Project, ‘‘(B) recommends actions that, in the judg- developed by the Center including outcomes; including land within a unit of the National ment of the Secretary, are necessary and ap- and Wildlife Refuge System that receives water propriate to ensure that the net delivered (4) making any recommendations for the due to the operation of Klamath Project fa- power cost for covered power use is equal to City, State, or other communities impacted cilities; or or less than the power cost benchmark, in- by lead exposure, as appropriate. ‘‘(B) irrigated by the class of users covered cluding a description of— (g) AUTHORIZATION OF APPROPRIATIONS.— by the agreement dated April 30, 1956, be- ‘‘(i) actions to immediately reduce power There is authorized to be appropriated to tween the California Oregon Power Company costs and to have the net delivered power carry out this section $20,000,000 for each of and Klamath Basin Water Users Protective cost for covered power use be equal to or less fiscal years 2017 through 2026, to remain Association and within the Off Project Area than the power cost benchmark in the near available until expended. (as defined in the Upper Basin Comprehen- term, while longer-term actions are being SEC. 4805. GAO REVIEW AND REPORT. sive Agreement entered into on April 18, implemented; (a) IN GENERAL.—Not later than 1 year 2014), only if each applicable owner and hold- ‘‘(ii) actions that prioritize water and after the date of enactment of this Act, the er of a possessory interest of the land is a power conservation and efficiency measures Attorney General and the Inspector General party to that agreement (or a successor and, to the extent actions involving the de- of the Environmental Protection Agency agreement that the Secretary determines velopment or acquisition of power genera- shall submit to the Committees on Appro- provides a comparable benefit to the United tion are included, renewable energy tech- priations, Environment and Public Works, States). nologies (including hydropower); and Homeland Security and Governmental ‘‘(2) KLAMATH PROJECT.— ‘‘(iii) the potential costs and timeline for Affairs of the Senate and the Committees on ‘‘(A) IN GENERAL.—The term ‘Klamath the actions recommended under this sub- Appropriations, Energy and Commerce, Project’ means the Bureau of Reclamation paragraph;

VerDate Sep 11 2014 01:59 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.029 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 4, 2016 CONGRESSIONAL RECORD — SENATE S689

‘‘(iv) provisions for modifying the actions subparagraph (A) shall be subject to the re- ‘‘(2) CERTAIN QUALIFIED PROGRESS EXPENDI- and timeline to adapt to new information or quirements that— TURES RULES MADE APPLICABLE.—Rules simi- circumstances; and (i) the applicable entity shall secure all lar to the rules of subsections (c)(4) and (d) of ‘‘(v) a description of public input regarding permits required under State or local laws; section 46 (as in effect on the day before the the proposed actions, including input from and enactment of the Revenue Reconciliation water users that have covered power use and (ii) all water delivered into, or taken out Act of 1990) shall apply for purposes of this the degree to which those water users concur of, a Klamath Project facility pursuant to section. with the recommendations. that subparagraph shall be measured. ‘‘(c) DEFINITIONS.—For purposes of this sec- ‘‘(2) IMPLEMENTATION.—Not later than 180 (C) EFFECT.—A use of Klamath Project tion— days after the date of submission of the re- water under this paragraph shall not— ‘‘(1) QUALIFYING OFFSHORE WIND FACILITY.— port under paragraph (1), the Secretary shall (i) adversely affect the delivery of water to ‘‘(A) IN GENERAL.—The term ‘qualifying implement those recommendations described any water user or land served by the Klam- offshore wind facility’ means an offshore fa- in the report that the Secretary determines ath Project; or cility using wind to produce electricity. will ensure that the net delivered power cost (ii) result in any additional cost to the ‘‘(B) OFFSHORE FACILITY.—The term ‘off- for covered power use is equal to or less than United States. shore facility’ means any facility located in the power cost benchmark, subject to avail- (3) REPLACEMENT OF C CANAL FLUME.—The the inland navigable waters of the United ability of appropriations, on the fastest prac- replacement of the C Canal flume within the States, including the Great Lakes, or in the ticable timeline. Klamath Project shall be considered to be, coastal waters of the United States, includ- ‘‘(3) ANNUAL REPORTS.—The Secretary shall and shall receive the treatment authorized ing the territorial seas of the United States, submit to each Committee described in para- for, emergency extraordinary operation and the exclusive economic zone of United graph (1) annual reports describing progress maintenance work in accordance with Fed- States, and the outer Continental Shelf of achieved in meeting the requirements of this eral reclamation law (the Act of June 17, 1902 the United States. subsection. (32 Stat. 388, chapter 1093), and Acts supple- ‘‘(2) ELIGIBLE PROPERTY.—The term ‘eligi- ‘‘(d) TREATMENT OF POWER PURCHASES.— mental to and amendatory of that Act (43 ble property’ means any property— ‘‘(1) IN GENERAL.—Any purchase of power U.S.C. 371 et seq.)). ‘‘(A) which is— by the Secretary under this section shall be (c) ADMINISTRATION.— ‘‘(i) tangible personal property, or considered to be an authorized sale for pur- (1) COMPLIANCE.—In implementing this sec- ‘‘(ii) other tangible property (not including poses of section 5(b)(3) of the Pacific North- tion and the amendments made by this sec- a building or its structural components), but west Electric Power Planning and Conserva- tion, the Secretary of the Interior shall com- only if such property is used as an integral tion Act (16 U.S.C. 839c(b)(3)). ply with— part of the qualifying offshore wind facility, ‘‘(2) EFFECT.—Nothing in this section au- (A) the National Environmental Policy Act and thorizes the Bonneville Power Administra- of 1969 (42 U.S.C. 4321 et seq.); ‘‘(B) with respect to which depreciation (or tion to make a sale of power from the Fed- (B) the Endangered Species Act of 1973 (16 amortization in lieu of depreciation) is al- eral Columbia River Power System at rates, U.S.C. 1531 et seq.); and lowable. terms, or conditions better than those af- (C) all other applicable laws. ‘‘(d) QUALIFYING CREDIT FOR OFFSHORE forded preference customers of the Bonne- (2) EFFECT.—Nothing in this section— WIND FACILITIES PROGRAM.— ville Power Administration. (A) modifies the authorities or obligations ‘‘(1) ESTABLISHMENT.— ‘‘(e) GOALS.—The goals of activities under of the United States with respect to the trib- ‘‘(A) IN GENERAL.—Not later than 180 days subsections (b) and (c) shall include, as appli- al trust and treaty obligations of the United after the date of the enactment of this sec- cable— States; or tion, the Secretary, in consultation with the ‘‘(1) the short-term and long-term reduc- (B) creates or determines water rights or Secretary of Energy and the Secretary of the tion and resolution of conflicts relating to affects water rights or water right claims in Interior, shall establish a qualifying credit water in the Klamath Basin watershed; and existence on the date of enactment of this for offshore wind facilities program to con- ‘‘(2) compatibility and utility for pro- Act. sider and award certifications for qualified tecting natural resources throughout the Mr. CARPER submitted an investments eligible for credits under this Klamath Basin watershed, including the pro- SA 3289. section to qualifying offshore wind facility tection, preservation, and restoration of amendment intended to be proposed to sponsors. Klamath River tribal fishery resources, par- amendment SA 2953 proposed by Ms. ‘‘(B) LIMITATION.—The total amount of ticularly through collaboratively developed MURKOWSKI to the bill S. 2012, to pro- megawatt capacity for offshore facilities agreements. vide for the modernization of the en- with respect to which credits may be allo- ‘‘(f) PUMPING PLANT D.—The Secretary ergy policy of the United States, and cated under the program shall not exceed may enter into 1 or more agreements with for other purposes; which was ordered 3,000 megawatts. the Tulelake Irrigation District to reimburse to lie on the table; as follows: ‘‘(2) CERTIFICATION.— the Tulelake Irrigation District for not more At the appropriate place, insert the fol- ‘‘(A) APPLICATION PERIOD.—Each applicant than 69 percent of the cost incurred by the lowing: for certification under this paragraph shall Tulelake Irrigation District for the oper- SEC. llll. QUALIFYING OFFSHORE WIND FA- submit an application containing such infor- ation and maintenance of Pumping Plant D, CILITY CREDIT. mation as the Secretary may require begin- on the condition that the cost benefits the (a) IN GENERAL.—Section 46 of the Internal ning on the date the Secretary establishes United States.’’. Revenue Code of 1986 is amended— the program under paragraph (1). (b) CONVEYANCE OF NON-PROJECT WATER; (1) by striking ‘‘and’’ at the end of para- ‘‘(B) PERIOD OF ISSUANCE.—An applicant REPLACEMENT OF C CANAL.— graph (5), which receives a certification shall have 5 (1) DEFINITION OF KLAMATH PROJECT.—In (2) by striking the period at the end of years from the date of issuance of the certifi- this subsection: paragraph (6) and inserting ‘‘, and’’, and cation in order to place the facility in serv- (A) IN GENERAL.—The term ‘‘Klamath (3) by adding at the end the following new ice and if such facility is not placed in serv- Project’’ means the Bureau of Reclamation paragraph: ice by that time period, then the certifi- project in the States of California and Or- ‘‘(7) the qualifying offshore wind facility cation shall no longer be valid. egon. credit.’’. ‘‘(3) SELECTION CRITERIA.—In determining (B) INCLUSIONS.—The term ‘‘Klamath (b) AMOUNT OF CREDIT.—Subpart E of part which qualifying offshore wind facilities to Project’’ includes any dams, canals, and IV of subchapter A of chapter 1 of the Inter- certify under this section, the Secretary other works and interests for water diver- nal Revenue Code of 1986 is amended by in- shall— sion, storage, delivery, and drainage, flood serting after section 48D the following new ‘‘(A) take into consideration which facili- control, and similar functions that are part section: ties will be placed in service at the earliest of the project described in subparagraph (A). ‘‘SEC. 48E. CREDIT FOR OFFSHORE WIND FACILI- date, and (2) CONVEYANCE OF NON-PROJECT WATER.— TIES. ‘‘(B) take into account the technology of (A) IN GENERAL.—An entity operating ‘‘(a) IN GENERAL.—For purposes of section the facility that may lead to reduced indus- under a contract entered into with the 46, the qualifying offshore wind facility cred- try and consumer costs or expand access to United States for the operation and mainte- it for any taxable year is an amount equal to offshore wind. nance of Klamath Project works or facilities, 30 percent of the qualified investment for ‘‘(4) REVIEW, ADDITIONAL ALLOCATIONS, AND and an entity operating any work or facility such taxable year with respect to any quali- REALLOCATIONS.— not owned by the United States that receives fying offshore wind facility of the taxpayer. ‘‘(A) REVIEW.—Periodically, but not later Klamath Project water, may use any of the ‘‘(b) QUALIFIED INVESTMENT.— than 4 years after the date of the enactment Klamath Project works or facilities to con- ‘‘(1) IN GENERAL.—For purposes of sub- of this section, the Secretary shall review vey non-Klamath Project water for any au- section (a), the qualified investment for any the credits allocated under this section as of thorized purpose of the Klamath Project, taxable year is the basis of eligible property the date of such review. subject to subparagraphs (B) and (C). placed in service by the taxpayer during such ‘‘(B) ADDITIONAL ALLOCATIONS AND RE- (B) PERMITS; MEASUREMENT.—An addition, taxable year which is part of a qualifying off- ALLOCATIONS.—The Secretary may make ad- conveyance, and use of water pursuant to shore wind facility. ditional allocations and reallocations of

VerDate Sep 11 2014 01:59 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.031 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S690 CONGRESSIONAL RECORD — SENATE February 4, 2016 credits under this section if the Secretary (C) conducts long-term testing to verify ‘‘Hearing to consider the nominations determines that— performance and degradation predictions and of Mary Katherine Wakefield, Andrew ‘‘(i) the limitation under paragraph (1)(B) lifetime valuations for secondary uses; LaMont Eanes, Elizabeth Ann has not been attained at the time of the re- (D) evaluates innovative approaches to re- Copeland, and Vik Edwin Stoll.’’ view, or cycling materials from plug-in electric drive ‘‘(ii) scheduled placed-in-service dates of vehicles and the batteries used in plug-in The PRESIDING OFFICER. Without previously certified facilities have been sig- electric drive vehicles; objection, it is so ordered. nificantly delayed and the Secretary deter- (E)(i) assesses the potential for markets for COMMITTEE ON HOMELAND SECURITY AND mines the applicant will not meet the uses described in subparagraph (B) to de- GOVERNMENTAL AFFAIRS timeline pursuant to paragraph (2)(B). velop; and Ms. MURKOWSKI. Mr. President, I ‘‘(C) ADDITIONAL PROGRAM FOR ALLOCATIONS (ii) identifies any barriers to the develop- ask unanimous consent that the Com- AND REALLOCATIONS.—If the Secretary deter- ment of those markets; and mittee on Homeland Security and Gov- mines that credits under this section are (F) identifies the potential uses of a vehi- ernmental Affairs be authorized to available for further allocation or realloca- cle battery— meet during the session of the Senate tion, but there is an insufficient quantity of (i) with the most promise for market devel- qualifying applications for certification opment; and on February 4, 2016, at 10 a.m. pending at the time of the review, the Sec- (ii) for which market development would The PRESIDING OFFICER. Without retary is authorized to conduct an additional be aided by a demonstration project. objection, it is so ordered. program for applications for certification. (2) REPORT.—Not later than 1 year after SELECT COMMITTEE ON INTELLIGENCE ‘‘(5) DISCLOSURE OF ALLOCATIONS.—The Sec- the date of enactment of this Act, the Sec- Ms. MURKOWSKI. Mr. President, I retary shall, upon making a certification retary shall submit to the appropriate com- ask unanimous consent that the Select under this subsection, publicly disclose the mittees of Congress an initial report on the Committee on Intelligence be author- identity of the applicant and the amount of findings of the program described in para- the credit with respect to such applicant. graph (1), including recommendations for ized to meet during the session of the ‘‘(e) DENIAL OF DOUBLE BENEFIT.—A credit stationary energy storage and other poten- Senate on February 4, 2016, at 2:30 p.m. shall not be allowed under this section with tial applications for batteries used in plug-in The PRESIDING OFFICER. Without respect to any facility if— electric drive vehicles. objection, it is so ordered. ‘‘(1) a credit has been allowed to such facil- (3) SECONDARY USE DEMONSTRATION.— f ity under section 45 for such taxable year or (A) IN GENERAL.—Based on the results of any prior taxable year, the program described in paragraph (1), the PRIVILEGES OF THE FLOOR ‘‘(2) a credit has been allowed with respect Secretary shall develop guidelines for Ms. MURKOWSKI. Mr. President, I to such facility under section 46 by reason of projects that demonstrate the secondary ask unanimous consent that privileges section 48(a) or 48C(a) for such taxable or any uses and innovative recycling of vehicle bat- of the floor be granted to Karen Dildei, preceding taxable year, or teries. effective today through March 1, 2016. ‘‘(3) a grant has been made with respect to (B) PUBLICATION OF GUIDELINES.—Not later such facility under section 1603 of the Amer- than 18 months after the date of enactment The PRESIDING OFFICER. Without ican Recovery and Reinvestment Act of of this Act, the Secretary shall— objection, it is so ordered. 2009.’’. (i) publish the guidelines described in sub- Ms. HEITKAMP. Mr. President, I ask (c) CONFORMING AMENDMENTS.— paragraph (A); and unanimous consent that the following (1) Section 49(a)(1)(C) of the Internal Rev- (ii) solicit applications for funding for fellows in Senator DURBIN’s office be enue Code of 1986 is amended— demonstration projects. granted floor privileges for the remain- (A) by striking ‘‘and’’ at the end of clause (C) PILOT DEMONSTRATION PROGRAM.—Not der of the 114th Congress: Jeremy (v), later than 21 months after the date of enact- Ward, Elizabeth Lawrence, Karla (B) by striking the period at the end of ment of this Act, the Secretary shall select Hagan, and Craig Crawford. clause (vi) and inserting ‘‘, and’’, and proposals for grant funding under this sec- (C) by adding after clause (vi) the following tion, based on an assessment of which pro- The PRESIDING OFFICER. Without new clause: posals are mostly likely to contribute to the objection, it is so ordered. ‘‘(vii) the basis of any property which is development of a secondary market for bat- f part of a qualifying offshore wind facility teries. under section 48E.’’. EXECUTIVE SESSION f (2) The table of sections for subpart E of part IV of subchapter A of chapter 1 of the AUTHORITY FOR COMMITTEES TO Internal Revenue Code of 1986 is amended by MEET EXECUTIVE CALENDAR inserting after the item relating to section Mr. SASSE. Mr. President, I ask COMMITTEE ON ARMED SERVICES 48D the following new item: unanimous consent that the Senate ‘‘48E. Credit for offshore wind facilities.’’. Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the Com- proceed to executive session for the (d) EFFECTIVE DATE.—The amendments consideration of Calendar No. 465; that made by this section shall apply to periods mittee on Armed Services be author- ized to meet during the session of the the nomination be confirmed, the mo- after the date of the enactment of this Act, tion to reconsider be considered made under rules similar to the rules of section Senate on February 4, 2016, at 10 a.m. 48(m) of the Internal Revenue Code of 1986 The PRESIDING OFFICER. Without and laid upon the table with no inter- (as in effect on the day before the date of the objection, it is so ordered. vening action or debate; that no fur- ther motions be in order; that any enactment of the Revenue Reconciliation COMMITTEE ON COMMERCE, SCIENCE, AND Act of 1990). TRANSPORTATION statements related to the nomination be printed in the RECORD; that the SA 3290. Mr. ALEXANDER (for him- Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the Com- President be immediately notified of self and Mr. MERKLEY) submitted an the Senate’s action and the Senate amendment intended to be proposed to mittee on Commerce, Science, and Transportation be authorized to meet then resume legislative session. amendment SA 2953 proposed by Ms. The PRESIDING OFFICER. Without during the session of the Senate on MURKOWSKI to the bill S. 2012, to pro- objection, it is so ordered. February 4, 2016, at 10:30 a.m., in room vide for the modernization of the en- The nomination considered and con- SR–253 of the Russell Senate Office ergy policy of the United States, and firmed is as follows: Building to conduct a Subcommittee for other purposes; which was ordered IN THE ARMY to lie on the table; as follows: hearing entitled ‘‘Ensuring Intermodal USF Support for Rural America.’’ The following named officer for appoint- At the end of section 1306, add the fol- ment in the United States Army to the grade lowing: The PRESIDING OFFICER. Without indicated while assigned to a position of im- (h) SECONDARY USE APPLICATIONS.— objection, it is so ordered. portance and responsibility under title 10, (1) IN GENERAL.—The Secretary shall carry COMMITTEE ON FINANCE U.S.C., section 601: out a research, development, and demonstra- Ms. MURKOWSKI. Mr. President, I To be general tion program that— ask unanimous consent that the Com- Lt. Gen. John W. Nicholson, Jr. (A) builds on any work carried out under mittee on Finance be authorized to section 915 of the Energy Policy Act of 2005 f meet during the session of the Senate (42 U.S.C. 16195); LEGISLATIVE SESSION (B) identifies possible uses of a vehicle bat- on February 4, 2016, at 10 a.m., in room tery after the useful life of the battery in a SD–215 of the Dirksen Senate Office The PRESIDING OFFICER. The Sen- vehicle has been exhausted; Building, to conduct a hearing entitled ate will now resume legislative session.

VerDate Sep 11 2014 03:34 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A04FE6.031 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 4, 2016 CONGRESSIONAL RECORD — SENATE S691 AUTHORIZING USE OF The resolution (S. Res. 363) was journ until 2 p.m., Monday, February 8; EMANCIPATION HALL agreed to. that following the prayer and pledge, Mr. SASSE. Mr. President, I ask The preamble was agreed to. the morning hour be deemed expired, unanimous consent that the Senate (The resolution, with its preamble, is the Journal of proceedings be approved proceed to the consideration of H. Con. printed in today’s RECORD under ‘‘Sub- to date, and the time for the two lead- Res. 109, which is at the desk. mitted Resolutions.’’) ers be reserved for their use later in The PRESIDING OFFICER. The f the day; further, that following leader clerk will report the concurrent resolu- remarks, the Senate be in a period of RELATIVE TO THE DEATH OF morning business until 5 p.m., with tion by title. MARLOW COOK The legislative clerk read as follows: Senators permitted to speak therein A concurrent resolution (H. Con. Res. 109) Mr. SASSE. Mr. President, I ask for up to 10 minutes each; finally, that authorizing the use of Emancipation Hall in unanimous consent that the Senate the Senate adjourn under the provi- the Capitol Visitor Center for a ceremony to proceed to the consideration of S. Res. sions of S. Res. 364 as a mark of respect present the Congressional Gold Medal to the 364, submitted earlier today. for the late Marlow Cook, former Sen- foot soldiers who participated in the 1965 The PRESIDING OFFICER. The ator from the Commonwealth of Ken- Selma to Montgomery marches. clerk will report the resolution by tucky. There being no objection, the Senate title. The PRESIDING OFFICER. Without proceeded to consider the concurrent The legislative clerk read as follows: objection, it is so ordered. resolution. A resolution (S. Res. 364) relative to the Mr. SASSE. Mr. President, I ask death of Marlow Cook, former United States f unanimous consent that the concur- Senator for the Commonwealth of Kentucky. ADJOURNMENT UNTIL MONDAY, rent resolution be agreed to and the There being no objection, the Senate FEBRUARY 8, 2016, AT 2 P.M. motion to reconsider be laid upon the proceeded to consider the resolution. table with no intervening action or de- Mr. SASSE. Mr. President, I ask Mr. SASSE. Mr. President, if there is bate. unanimous consent that the resolution no further business to come before the The PRESIDING OFFICER. Without be agreed to, the preamble be agreed Senate, I ask unanimous consent that objection, it is so ordered. to, and the motions to reconsider be it stand adjourned under the previous The concurrent resolution (H. Con. considered made and laid upon the order. Res. 109) was agreed to. table with no intervening action or de- There being no objection, the Senate, f bate. at 5:47 p.m., adjourned until Monday, CONGRATULATING THE UNIVER- The PRESIDING OFFICER. Without February 8, 2016, at 2 p.m. SITY OF MOUNT UNION FOOT- objection, it is so ordered. f BALL TEAM FOR WINNING THE The resolution (S. Res. 364) was 2015 NATIONAL COLLEGIATE ATH- agreed to. NOMINATIONS LETIC ASSOCIATION DIVISION III The preamble was agreed to. FOOTBALL CHAMPIONSHIP (The resolution, with its preamble, is Executive nominations received by the Senate: Mr. SASSE. Mr. President, I ask printed in today’s RECORD under ‘‘Sub- unanimous consent that the Senate mitted Resolutions.’’) DEPARTMENT OF JUSTICE proceed to the immediate consider- f PATRICK A. BURKE, OF THE DISTRICT OF COLUMBIA, TO BE UNITED STATES MARSHAL FOR THE DISTRICT OF CO- ation of S. Res. 363, submitted earlier APPOINTMENT LUMBIA FOR THE TERM OF FOUR YEARS, VICE EDWIN today. DONOVAN SLOANE, RETIRED. The PRESIDING OFFICER. The The PRESIDING OFFICER. The THE JUDICIARY clerk will report the resolution by Chair, on behalf of the Vice President, STEPHANIE A. FINLEY, OF LOUISIANA, TO BE UNITED pursuant to the provisions of S. Con. STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT title. OF LOUISIANA, VICE RICHARD T. HAIK, SR., RETIRED. The legislative clerk read as follows: Res. 28 (114th Congress), appoints the CLAUDE J. KELLY III, OF LOUISIANA, TO BE UNITED following Senators to the Joint Con- STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT A resolution (S. Res. 363) congratulating OF LOUISIANA, VICE IVAN L. R. LEMELLE, RETIRED. the University of Mount Union football team gressional Committee on Inaugural for winning the 2015 National Collegiate Ath- Ceremonies: the Honorable MITCH f letic Association Division III Football Cham- MCCONNELL of Kentucky, the Honor- pionship. able ROY BLUNT of Missouri, and the CONFIRMATION There being no objection, the Senate Honorable CHARLES SCHUMER of New Executive nomination confirmed by proceeded to consider the resolution. York. the Senate February 4, 2016: Mr. SASSE. Mr. President, I ask f unanimous consent that the resolution IN THE ARMY be agreed to, the preamble be agreed ORDERS FOR MONDAY, FEBRUARY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 8, 2016 IN THE UNITED STATES ARMY TO THE GRADE INDICATED to, and the motions to reconsider be WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND considered made and laid upon the Mr. SASSE. Mr. President, I ask RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: table with no intervening action or de- unanimous consent that when the Sen- To be general bate. ate completes its business today, it ad- LT. GEN. JOHN W. NICHOLSON, JR.

VerDate Sep 11 2014 01:59 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00057 Fmt 4624 Sfmt 9801 E:\CR\FM\G04FE6.072 S04FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 4, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E113 EXTENSIONS OF REMARKS

INTERNATIONAL MEGAN’S LAW TO national notification system. We believe MEGAN NICOLE KANKA FOUNDATION, PREVENT DEMAND FOR CHILD that these provisions are necessary to Trenton, NJ, September 2015. SEX TRAFFICKING strengthen and protect vulnerable children Hon. MITCH MCCONNELL, from potential predators. Russell Senate Office Building, Washington, DC. SPEECH OF ECPAT–USA is part of a global network of Hon. HARRY REID, HON. CHRISTOPHER H. SMITH over 80 ECPAT’s in 77 countries all dedicated Hart Senate Office Building, to protecting children from commercial sex- OF NEW JERSEY Washington, DC. ual exploitation. Headquartered in Thailand, DEAR SENATORS: This past August marked IN THE HOUSE OF REPRESENTATIVES we are acutely familiar with the harm the twenty-first anniversary of the violent Monday, February 1, 2016 caused by sex offenders who travel overseas rape and murder of our seven year old daugh- ter Megan at the hands of a twice-convicted and continuously exploit children. As a Mr. SMITH of New Jersey. Mr. Speaker, for pedophile. As a result of our pain, determina- years, the parents of the children who have member of the ECPAT network, we are com- tion and the support of the public and rep- been preyed upon by pedophiles—and advo- mitted to eradicating the practice of child resentatives like you we have Megan’s Law cacy groups like the National Center for Miss- sex tourism. For this reason, we were so throughout the United States. However, chil- ing and Exploited Children and the Megan pleased to see the Senate pass this bill late dren abroad are still unprotected from U.S. Kanka Foundation—have been very sup- last year, and we applaud the efforts and sex offenders. We are grateful that the Congress is ad- portive of legislation to better protect our chil- dedication of the bill’s original sponsor in the House Representative Chris Smith (R– vancing the International Megan’s Law (H.R. dren. Through their consistent, selfless work 515/S. 1867) to stop sex offenders from exploit- NJ). We strongly urge the House to swiftly they have helped victims of abuse and have ing children internationally—we eagerly been an important part of the bipartisan, bi- pass International Megan’s Law to Prevent await a Senate vote on the bill so that it will cameral coalition supporting this important leg- Child Exploitation Through Advanced Notifi- become law before the end of the year. cation of Traveling Sex Offenders (H.R. 515). islation. I urge my colleagues to read their When do we as a society truly stand behind Sincerely, our vows to protect the children of this statements submitted for the record, in support CAROL SMOLENSKI, world? Unfortunately for us, it took the of passage of H.R. 515 The International Executive Director, ECPAT–USA. murder of our seven year old daughter Megan’s Law to Prevent Demand for Child Megan for us to get involved. Sex Trafficking. This law has been eight years in the mak- FAMILY RESEARCH COUNCIL, ing. We urgently need your help and support JANUARY 20, 2016. Washington, DC, January 8, 2016. now to prevent new tragedies. Hon. PAUL D. RYAN, REPRESENTATIVE, Sincerely, Speaker of the House of Representatives, House of Representatives, MAUREEN & RICHARD KANKA. Washington, DC. Washington, DC. Hon. NANCY PELOSI, Democratic Leader, House of Representatives, DEAR REPRESENTATIVE: On behalf of Fam- NATIONAL CENTER FOR Washington, DC. ily Research Council (FRC) and the families MISSING & EXPLOITED CHILDREN, DEAR MR. SPEAKER AND MADAM LEADER: On we represent, I urge you to vote for Inter- Alexandria, VA, January 12, 2016. behalf of ECPAT–USA, a policy and advocacy national Megan’s Law to Prevent Child Ex- Hon. CHRISTOPHER H. SMITH, organization that has been at the forefront ploitation and Other Sexual Crimes Through House of Representatives, Washington, DC. of the fight to end the commercial sexual ex- Advanced Notification of Traveling Sex Of- DEAR REPRESENTATIVE SMITH: On behalf of ploitation of children for the past two dec- fenders (‘‘Megan’s Law,’’ H.R. 515), to estab- the National Center for Missing & Exploited ades, I would like to respectfully ask you lish a system that prevents predators from Children (NCMEC) and the families and chil- consider supporting International Megan’s traveling under the radar internationally. dren we serve, I am writing to express our Law to Prevent Child Exploitation Through support for your legislation, International Advanced Notification of Traveling Sex Of- Megan’s Law would expand and codify Im- Megan’s Law to Prevent Child Exploitation fenders (H.R. 515). When ECPAT–USA first migration and Customs Enforcement’s abil- and Other Sexual Crimes Through Advance began our work, we focused on fighting sex ity to effectively alert countries about the Notification of Traveling Sex Offenders tourism and holding Americans who traveled travel of registered child-sex offenders, re- (IML) (H.R. 515). NCMEC supports the goals abroad to buy sex with minors accountable quire convicted child-sex predators to have a of IML to help ensure the effective moni- in the US for sexually exploiting children unique passport identifier to ensure they can toring and compliance of sex offenders who overseas. H.R. 515 or International Megan’s be identified at the border as they travel have harmed children and pose a continuing Law protects children from this exact form internationally, and ensure collaboration be- risk to children in the United States and of exploitation by establishing a notification abroad. system to provide advance notice of travel tween the U.S. Marshal’s Service and the Im- migration and Customs Enforcement, mak- NCMEC’s Sex Offender Tracking Team by registered sex offenders to destination (SOTT) assists federal, state, and local law ing government work more effectively. The countries. We strongly support this legisla- enforcement in their efforts to locate and ap- tion and urge not only its swift passage but bill would also provide an appeals process for prehend noncompliant, convicted sex offend- also a commitment to supporting this effort persons who want their record and notifica- ers and determine if there is a possible link financially. tion status reconsidered and make it a crime to unresolved cases of missing and sexually The Department of Homeland Security has for registered sex offenders to fail to report exploited children. Today, our SOTT ana- a proven track record of working coopera- intended international travel with less than lysts provide assistance to various law en- tively with foreign governments, having twenty-one days of notice. Ultimately, the forcement agencies, including the U.S. Mar- made 99 arrests of traveling child sexual of- law would facilitate a network to reduce shals Service in the National Sex Offender fenders since 2003. International Megan’s child-sex tourism and reduce recidivism of Targeting Center. Law will establish the Angel Watch Center Through our SOTT work, we have learned at the Department of Homeland Security to child-sex offenders. the difficulties law enforcement can face ensure that all destination countries receive Family Research Council recognizes that it when monitoring sex offenders as well as the a notification that a convicted child sex is important to protect families from child- potential danger to children when non- predator is traveling to their country. It also sex abusers, supports passage of Inter- compliant, convicted sex offenders travel formalizes the process for the U.S. Marshal’s national Megan’s Law to Prevent Child Ex- within the United States or abroad, includ- Service Sex Offender Targeting Center to ploitation and Other Sexual Crimes Through ing the possibility that they will commit ad- provide advanced notice of travel by all reg- ditional crimes against children. We believe Advanced Notification of Traveling Sex Of- istered sex offenders to destination countries the legislation you have sponsored—Inter- using Interpol notification system. Inter- fenders (H.R. 515), and encourages you to national Megan’s Law—will enhance law en- national Megan’s Law also coordinates com- vote for this important legislation. forcement’s ability to monitor sex offenders munication between Angel Watch Center and Sincerely, when traveling abroad. U.S. Marshal’s Service Sex Offender Tar- DAVID CHRISTENSEN, As you know, NCMEC also supported the geting center and streamlines the inter- Vice President of Government Affairs. companion bill sponsored in the Senate by

∑ 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 04:16 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A04FE8.001 E04FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E114 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 2016 Senators Richard Shelby and Barbara Mikul- He was a leader by nature, holding many cer Matthew Moore of Hampstead, New ski. Provisions of their legislation were in- leadership positions at the Academy: a bat- Hampshire. corporated into H.R. 515 and then passed talion weapons coach, a company platoon ser- On January 23, 2016, the State of New unanimously by the Senate in December. We now look forward to the House of Represent- geant, a company executive officer, a com- Hampshire lost a true Granite State hero. Dur- atives prompt consideration of H.R. 515. pany conduct officer, and a company squad ing this time of great sadness, we remember NCMEC is proud to lend our support to this leader. and celebrate the life of not only a tremendous important legislation, and we are grateful After joining the Marine Corps as an officer, police officer, but also a father, husband and for your dedication to the safety of our na- he was stationed in California where he met friend. tion’s children. his loving and devoted wife, Captain Paige Moore devoted his life to protecting our fam- Sincerely, Kennedy. ilies and our communities through his military JOHN F. CLARK, Together, they both served to protect our service as a Marine, and his time as a police President and CEO. country and our freedoms. officer in the towns of Pelham, Sandown and INTERNATIONAL CENTRE FOR Mr. Speaker, as a CH–53E Super Stallion Hampstead. MISSING & EXPLOITED CHILDREN, pilot, Captain Kennedy fought bravely for our As his family, friends, neighbors and fellow Alexandria, VA, January 12, 2016. freedoms in the Global War on Terror, which police officers knew, Moore was really one of Re H.R. 515. is proven by the numerous decorations award- a kind. The dedication and compassion he Hon. KEVIN MCCARTHY, ed. demonstrated during his years of service are Majority Leader, House of Representatives, Unfortunately, after the helicopter crash in not—and will not—be forgotten. Washington, DC. Hawaii and an exhaustive search over 40,000 It takes a remarkable individual like Matthew Hon. NANCY PELOSI, nautical square miles by the Marines and Moore to risk their life daily to keep us safe Democratic Leader, House of Representatives, Coast Guard, Captain Kennedy and his com- Washington, DC. and protect us from harm. So let us take a DEAR REPRESENTATIVE MCCARTHY AND REP- rades have not been found. moment today and pause, reflect, and cele- RESENTATIVE PELOSI: On behalf of the Inter- We as a nation are truly indebted to those brate the life and valor of Officer Moore. He national Centre for Missing & Exploited 12 Marines for the ultimate sacrifice they have put his life on the line to protect the Granite Children (ICMEC), I am writing in reference made in service to this great nation. State, and we are forever grateful. to H.R. 515, International Megan’s Law to And it is with great respect and appreciation f Prevent Child Exploitation and Other Sexual that I extend my condolences to their friends Crimes Through Advance Notification of and families. TRIBUTE TO DEAN STONE Traveling Sex Offenders. f For almost two decades, ICMEC has been HON. JOHN J. DUNCAN, JR. working around the world to advance child RECOGNIZING WAWA EMPLOYEE protection and safeguard children from ab- OF TENNESSEE OWNERSHIP duction, sexual abuse and exploitation. IN THE HOUSE OF REPRESENTATIVES ICMEC responds to requests for assistance from all over the world through advocacy, HON. PATRICK MEEHAN Thursday, February 4, 2016 training and collaboration. We strive to in- OF PENNSYLVANIA Mr. DUNCAN of Tennessee. Mr. Speaker, form and work with policy makers, law en- Dean Stone has served as Editor of The Daily forcement and others in an effort to enhance IN THE HOUSE OF REPRESENTATIVES Times in Maryville, Tennessee for more than and enrich frontline child protection prac- Thursday, February 4, 2016 tices. six decades. We strongly believe that all children have Mr. MEEHAN. Mr. Speaker, yesterday, the Recently, he retired from his full-time posi- the right to live without fear of abduction House passed H.R. 1675, the Encouraging tion. and free from sexual abuse and exploitation. Employee Ownership Act of 2015. This legis- As The Daily Times recounted in a tribute We believe every child deserves a safe child- lation will make it easier for companies to let piece devoted to Dean, he oversaw and out- hood, where they are able to grow into hardworking employees have a stake in the lasted an industry that changed from ‘‘hot healthy and successful adults. company where they work every day. Compa- We thank you for your efforts to protect type, to computer-generated type, to the inter- children from exploitation, to keep known nies who have significant employee ownership net.’’ sex offenders from harming children again, regularly realize a boost in the company’s per- Dean is the standard of journalistic fairness and to promote and facilitate enhanced co- formance, because ownership gives the em- and integrity in my District and a towering fig- operation and information sharing within ployees a vested interest in the success of the ure in East Tennessee. the global law enforcement community. company. Mr. Speaker, I call to the attention of my Sincerely, I’d like to especially highlight one such orga- colleagues and other readers the tribute to AMBASSADOR MAURA HARTY, RET. nization in my district, Wawa, Inc. Wawa has Dean’s career that ran in The Daily Times on President & CEO. had an Employee Stock Ownership Plan December 27, 2015, and wish him well on his f (ESOP) since 1992 and has shared ownership much-earned retirement. HONORING CAPTAIN BRIAN T. with its associates for more than 40 years. STONE, FIXTURE IN TENNESSEE JOURNALISM KENNEDY Wawa associates own almost 41 percent of SINCE 1948, RETIRES FROM THE DAILY TIMES the company through the ESOP, and that (By Daryl Sullivan) pride in ownership is on display every single HON. RYAN A. COSTELLO H. Dean Stone has outlasted four owners day. From customer services associates to OF PENNSYLVANIA and six publishers, while seeing the news general managers, Wawa employees share in IN THE HOUSE OF REPRESENTATIVES move from hot type, to computer-generated the company’s success and are able to accu- type, to the Internet, all the while recording Thursday, February 4, 2016 mulate significant retirement savings. It is im- Blount County history. Mr. COSTELLO of Pennsylvania. Mr. portant to these workers and those across the Stone will still be writing, but as 2015 Speaker, I stand here today to pay tribute and country who participate in ESOPs that these comes to a close, he is retiring from the express my deepest appreciation for the serv- ownership and retirement programs remain newsroom—but not without having made an indelible mark on Tennessee journalism and ice and sacrifice of the 12 Marines missing off strong. his community, a mark that has earned him the coast of Hawaii, and especially Marine f the title of editor emeritus at The Daily Captain Brian T. Kennedy of Malvern, PA. Times. Growing up in the Tredyffrin Township, Cap- HONORING OFFICER MATTHEW ‘‘Dean Stone serves as an exemplar for all tain Kennedy attended school at the MOORE AFTER HIS PASSING ON who are engaged in community journalism,’’ Tredyffrin/Eastown School District and grad- JANUARY 23, 2016 said Gregg Jones, president and CEO of uated from Conestoga High School as a mem- Jones Media Inc., owner of The Daily Times. ber of the National Honors Society and co- HON. FRANK C. GUINTA ‘‘Dean never limited himself to merely lead- captain of the varsity football team. ing the newsroom, but served as a leader in OF NEW HAMPSHIRE community affairs. He understood, and ex- Upon graduation, Captain Kennedy had the IN THE HOUSE OF REPRESENTATIVES emplified, that community journalism is noble desire to serve his country and followed Thursday, February 4, 2016 best practiced when one is immersed in the that aspiration to the U.S. Naval Academy community one serves, and he has done so— where he continued his academic excellence Mr. GUINTA. Mr. Speaker, I rise today to from Alcoa Kiwanis, to Great Smoky Moun- and graduated with a major in Oceanography. honor Granite State hero and fallen police offi- tains National Park. I first met Dean Stone

VerDate Sep 11 2014 04:11 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A04FE8.001 E04FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS February 4, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E115 decades ago when The Daily Times was some of them: president and campaign chair uated from the University of Michigan Law owned and published by the late, great Tutt of United Way of Blount County; president of School. During law school, he interned at the Bradford. It didn’t take me long to see what Maryville-Alcoa Jaycees and Alcoa Kiwanis; Michigan Poverty Law Program, which pro- a giant Dean was in terms of the passion he board member of Great Smoky Mountains felt for his beloved community and for good Heritage Center, Little River Railroad Mu- vides support services to legal aid programs journalism. Dean became, and will remain, seum, Sam Houston Schoolhouse, Hillbilly throughout Michigan, and the Lawyers Com- one of Blount County’s greatest treasures, Homecoming, Passion Play, Friendsville mittee for Civil Rights Under Law. He contin- and I will always be proud to claim him as a Academy, Townsend Chamber of Commerce; ued his passionate work for legal services on friend for whom I have great respect and af- deacon in Maryville First Baptist Church, the Committee, where he served as the lead fection.’’ and chaired publication of a history of counsel and liaison to the Legal Services Cor- ‘‘It’s hard to express how humbled and ap- Chihowee Baptist Association churches. preciative I am to have had the opportunity poration, a critical federally-funded program He founded and co-founded numerous com- that provides grants for civil legal assistance to work with Dean, day in and day out, the munity organizations, including the Empty past five years,’’ Publisher Carl Esposito Pantry Fund, in 1952, and Leadership Blount, to the indigent. said. ‘‘As he’s done his entire career, he’s which in 2002 awarded him the Community He played an important role on budget and contributed greatly to our success during Leadership Award. appropriations issues for the Committee. He that period, and I’m grateful he’ll continue Stone has received countless other awards, also organized forums for the Committee on to contribute as editor emeritus. He’s be- including Blount County’s Pride of Ten- the impact certain budget proposals and the come not only a valued and trusted col- nessee Award, the Distinguished Alumni league, but a great friend as well.’’ Federal shutdown and sequestration would Stone arrived at what was then The Mary- Award from the University of Oklahoma, have on the provision of justice in the United ville-Alcoa Daily Times on June 19, 1948, but special recognition from the director of the States. did not begin his full-time journalism career National Park Service, and the Tennessee Throughout his tenure with the Committee, until 1949, when he was named editor of the Air National Guard’s highest award, the Minuteman Award. Norberto worked with his colleagues across paper’s first Sunday edition. The Sunday edi- the aisle on a wide variety of bills. He was re- tion was short-lived—published from Feb- He was longtime chairman of the Ten- ruary through June of that year—but Stone, nessee Great Smoky Mountains Park Com- sponsible for helping guide several legislative who was then named managing editor, began mission, member of the Tennessee Historical measures including remote sales tax, the Fair- laying the groundwork for a career that has Commission, and the Southeastern Regional ness in Nursing Home Arbitration Act, the Mo- spanned more than 66 years. Council of the National Parks Conservation bile Workforce State Income Tax Simplification WORKING JOURNALIST Association. In 2003, Stone was presented the Act, the Innovation Protection Act, the Open Tennessee Outstanding Achievement Award ‘‘I’ve been very well blessed with the peo- Book on Equal Access to Justice Act, and up- for service on state commissions, and in 2006 ple I’ve been associated with at The Times dates to the Internet Tax Freedom Act. He over the years,’’ Stone said. ‘‘I’ve enjoyed he was recognized for his community service with a joint state Senate and House resolu- also worked on regulatory and arbitration pro- my time here. This is my birthplace. It’s my visions in several comprehensive legislative home county.’’ tion. As for his own personal success, he at- PRESERVING HISTORY proposals, including the Dodd-Frank Wall tributes that to a trait many leaders with In 2007, he was awarded the East Tennessee Street Reform and Consumer Protection Act successful careers fields share. Historical Society’s first Professional and the 2008 Farm bill. ‘‘I feel blessed in that I’ve had a deter- Achievement Award for his ongoing preser- Norberto’s friendly nature, work ethic, and mination to work. Now that comes not from vation of local history, most recently expertise earned him the respect and admira- seeking recognition, but from achievement, through a series of books entitled, ‘‘Snap- tion of his colleagues on both sides of the knowing that I’ve done something worth- shots of Blount County History.’’ while,’’ Stone said. ‘‘I’ve received a lot of aisle. He has been a valued member of the During his journalism career, he has twice really nice recognitions, but I worked be- Committee’s staff. served as president of Tennessee Associated cause I feel like there’s a need for all humans We are grateful to have had the opportunity Press Managing Editors, is a lifelong mem- to work and earn our keep. I’m thankful that ber of the Society of Professional Journal- to work with Norberto. Norberto and his talents I’ve been driven by that all these years, and will be sorely missed by the Committee. We still am.’’ ists, a 50-year member of the Professional Photographers of America, and author of a wish him well in his future endeavors. NEWSPAPER OF RECORD newspaper handbook, ‘‘Newspapers: Making f Under his direction in 1953, The Maryville- the Most of the News Department.’’ Alcoa Times won the University of Ten- And perhaps the award that says it all is IN HONOR OF ASSISTANT CHIEF nessee’s State Press award for Public Serv- this: In 2013, Stone was in the inaugural MARK DANT’S RETIREMENT ice. Since then, it has captured literally hun- group of those inducted into the Tennessee FROM THE CARROLLTON POLICE dreds of state and regional awards. Journalism Hall of Fame. In 1955, Tutt S. Bradford became the fifth DEPARTMENT Stone once told an interviewer, ‘‘To be per- owner of Blount County’s newspaper of fectly honest with you, probably the last record, and Stone was there to greet him. HON. KENNY MARCHANT In 1988, Stone was named editor. thing I ever thought I’d do would be to end In December 1989, the Bradford family sold up writing.’’ OF TEXAS The Daily Times to Persis Corp., a Honolulu- Quite an accomplishment for something IN THE HOUSE OF REPRESENTATIVES that was the ‘‘last thing’’ on his mind. based newspaper group headed by Thurston Thursday, February 4, 2016 Twigg-Smith, publisher of The Honolulu Ad- f vertiser. Persis Corp. was also owner of The Mr. MARCHANT. Mr. Speaker, I rise today Knoxville Journal, what was then a daily GRATITUDE FOR THE SERVICE OF to honor Mark Dant for his thirty-eight years of newspaper. Stone greeted them, and said NORBERTO SALINAS public service, ending this month as an Assist- goodbye to both: The Journal ceased publica- ant Chief for the Carrollton, Texas Police De- tion on New Years Eve 1991, and Persis Corp. later sold The Daily Times to Horvitz News- HON. JOHN CONYERS, JR. partment. Prior to his service with the papers, headed by Peter Horvitz. OF MICHIGAN Carrollton Police Department, Mark served In 2010, Jones Media Inc., a Greeneville- IN THE HOUSE OF REPRESENTATIVES four years in the United States Air Force and based family newspaper group with deep two and a half years as a firefighter with the roots in Tennessee journalism, purchased Thursday, February 4, 2016 Dallas/Ft. Worth International Airport Depart- The Daily Times. Stone, with his deep appre- Mr. CONYERS. Mr. Speaker, I, along with ment of Public Safety. For the last thirty-two ciation of community and history, was here to greet them. House Judiciary Committee Chairman BOB years, Mark has been serving and protecting (In December 1989, when the company that GOODLATTE of Virginia, would like to honor the people of Carrollton as a Patrol Officer, owned The Knoxville Journal purchased The Norberto Salinas for his nearly nine years of Detective, Patrol Sergeant, Lieutenant, and Daily Times from the Bradford family, the dedicated service to the Committee on the Ju- Assistant Chief of Police. late Phyllis Cable greeted this journalist in diciary. Norberto’s work in advising and Mark’s service to the community isn’t limited the newsroom with the words, ‘‘I hope they crafting policy on intellectual property, state to his direct roles for the Carrollton Police De- know they bought a tremendous amount of goodwill when they bought this newspaper.’’ taxation, arbitration, sports law, and many partment, far from it—he and his family have I learned over the following years that a other issues were invaluable to the Com- become national leading advocates for pa- huge amount of that goodwill came through mittee. tients of rare diseases. It is through this work the work of Dean Stone.) A proud native of Arlington, Texas, Norberto that I have had the distinct pleasure of work- YEARS OF SERVICE came to the Committee after practicing law in ing with Mark for almost ten years. Mark and Over the years, Stone has served in numer- the District of Columbia. He earned his Bach- his wife Jeanne are parents of one child, ous nonprofit organizations, even outlasting elor’s degree from Wabash College and grad- Ryan, who currently attends the University of

VerDate Sep 11 2014 04:11 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A04FE8.002 E04FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E116 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 2016 Louisville. In 1992, their son Ryan was diag- H.R. 1675, THE CAPITAL MARKETS RECOGNIZING THE RETIREMENT nosed with the then terminal genetic disease IMPROVEMENTS ACT AND H.R. OF COMMANDER AXEL W. SPENS Mucopolysaccharidosis (MPS Type 1). Shortly 766, THE FINANCIAL INSTITUTION after learning of this diagnosis, Mark founded CUSTOMER PROTECTIONS ACT HON. EARL L. ‘‘BUDDY’’ CARTER The Ryan Foundation to raise funds for devel- oping treatments for the disease. The Dant OF GEORGIA HON. EARL BLUMENAUER IN THE HOUSE OF REPRESENTATIVES family’s first fundraising effort, a bake sale, OF OREGON netted $342. The foundation has come a very IN THE HOUSE OF REPRESENTATIVES Thursday, February 4, 2016 long way since that first bake sale, much to Mr. CARTER of Georgia. Mr. Speaker, I rise the tenacious determination of Mark Dant. Mil- Thursday, February 4, 2016 today to recognize Commander Axel W. lions of research dollars over the years have Mr. BLUMENAUER. Mr. Speaker, this week, Spens’s retirement and twenty-two years of been donated to scientists searching for treat- I voted against H.R. 1675, the Capital Markets service in the United States Navy. ments to help those afflicted with the various Improvements Act and H.R. 766, the Financial Commander Spens is a native of Morgan- forms of MPS. The Ryan Foundation’s efforts Institution Customer Protections Act—both town, West Virginia, and most recently served spearheaded the funding for the first MPS En- missed opportunities to garner the strong bi- as the commanding officer of Naval Recruiting zyme Replacement Therapy—Aldurazyme. partisan consensus needed to appropriately District (NRD) Atlanta. He graduated in 1994 Ryan Dant is the longest treated person in the refine our nation’s financial oversight rules. from David Lipscomb University in Nashville, world on Aldurazyme, which to date is ap- While I am sympathetic to concerns of small Tennessee, with a degree in American Studies proved to treat children with MPS in more than businesses, and remain ready to work with my and he received his commission in the U.S. 75 countries. What all started as a bake sale Republican colleagues to address those con- Navy from Vanderbilt University NROTC. In in Carrollton has blossomed into helping chil- cerns, I continue to support strong, targeted 1993, he was recognized as a NAIA Academic dren with a previously untreatable disease all oversight of our financial markets. Strong con- All-American athlete in cross country. In 2000, around the world. sumer and market protection regulations, ad- he received a Master of Public Administration To help support the tireless efforts of the ministered by the Securities and Exchange degree from Valdosta State University. Dant family and the countless individuals, I in- Commission (SEC), are needed to prevent the troduced the Ryan Dant Health Care Oppor- risky practices that badly damaged our econ- Commander Spens completed submarine tunity Act, H.R. 1441 in the 111th Congress. omy during the Great Recession. These rules training at Naval Nuclear Power School in Or- Much to the hard work of Mark Dant and his are also necessary to put a stop to the preda- lando, Florida, Nuclear Power Training Unit in family, this legislation achieved over fifty bipar- tory lending practices and financial gimmickry Charleston, South Carolina, and the officer tisan cosponsors. Mark’s advocacy for individ- that wreaked havoc on the economic security basic course in Groton, Connecticut. He uals afflicted by rare diseases will not cease of Oregon’s working families. served as a division officer in USS West Vir- anytime soon—he is expanding upon the initial These two bills exemplify the Republican ginia in Kings Bay, Georgia, as the Navigator volunteer efforts of a heartfelt concerned fa- leadership’s unwillingness to work with Demo- in USS Florida in Bangor, Washington, and ther many years ago, and will now serve as crats to strengthen our nation’s financial over- the Combat Systems Officer in both USS the Executive Director of the National MPS sight. It is clear that these bills were unneces- Newport News in Norfolk, Virginia, as well as Society in Durham, North Carolina. I can think sarily partisan, making them unpalatable in the in USS La Jolla in Pearl Harbor, Hawaii. His of no one better suited or well qualified for this Senate and veto targets for President Obama. most recent sea assignment was as the exec- position than Mark. Though the people of While there are elements of H.R. 1675 that I utive officer on USS Cheyenne in Hawaii. He Carrollton are losing one of their finest public have voted for in the past and continue to has completed two Mediterranean deploy- servants, countless affected individuals will support, the bill that was brought to the floor ments, two Western Pacific deployments and now have the best person they could ever ask yesterday included poison pills, like requiring a seven strategic patrols. for leading the efforts in developing treatments review and full commission vote on every Commander Spens has also served as an and awareness for MPS. major rule every 10 years under full Adminis- instructor and class director at the Naval Nu- I ask for all of my colleagues to join me in trative Procedure Act-style requirements would clear Power School in Charleston, South congratulating Mark Dant on his well-earned severely hinder the SEC’s ability to monitor Carolina, at the Bureau of Naval Personnel in retirement from the Carrollton Police Depart- markets and protect investors. The vast major- Millington, Tennessee, the operations officer at ment. I wish Mark, and the Dant family much ity of Democrats rejected a similar proposal in Submarine Squadron One at Pearl Harbor, new success with the National MPS Society. the previous Congress. Today, the Financial and as a Navy Legislative Fellow on the per- f Services Committee leadership forced a par- sonal staff of Congressman Jack Kingston. His most recent assignment was on the Navy Staff HONORING POLICE SERGEANT tisan vote on H.R. 766 by including provisions as the Executive Assistant for the Director of STEVEN HENDERSON ON THE OC- that would restrict the ability of government Undersea Warfare. CASION OF HIS RETIREMENT watchdogs to investigate and hold accountable Mr. Speaker, it is my privilege to recognize FROM THE HAMPTON POLICE DE- those who perpetrate financial wrong-doing. Commander Axel Spens and to celebrate his PARTMENT AFTER 30 YEARS IN Appropriate financial rules should protect many years of hard work and dedication to the LAW ENFORCEMENT American families and the broader economy without being unduly burdensome to small United States Navy. businesses and innovative entrepreneurs. HON. FRANK C. GUINTA f OF NEW HAMPSHIRE When the Administration misses this mark, it IN THE HOUSE OF REPRESENTATIVES is my hope that Congress can work in a con- HONORING MR. AND MRS. structive, bipartisan manner to refine regula- Thursday, February 4, 2016 BUCHENAUER OF MANCHESTER, tions, tailoring them to strike an appropriate NH ON CELEBRATING THEIR 65TH Mr. GUINTA. Mr. Speaker, I would like to balance between business and consumer ANNIVERSARY express my congratulations to Sgt. Steven needs. Unfortunately, this week’s efforts fail to Henderson on his retirement after 30 years of meet that standard. service with the Hampton Police Department, f HON. FRANK C. GUINTA and thank him for the outstanding work he did OF NEW HAMPSHIRE during his career. PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES Sgt. Henderson’s continuous progression Thursday, February 4, 2016 within the law enforcement ranks during his HON. JAMES A. HIMES time exemplifies his intelligence, positive atti- OF CONNECTICUT Mr. GUINTA. Mr. Speaker, I would like to tude, and commitment to protecting and serv- IN THE HOUSE OF REPRESENTATIVES express my congratulations to Mr. and Mrs. ing his community with the utmost profes- Buchenauer of Manchester, New Hampshire Thursday, February 4, 2016 sionalism. It’s clear that Sgt. Henderson for recently celebrating their 65th anniversary. leaves an example of strong leadership and Mr. HIMES. Mr. Speaker, on February 3, After 65 years of marriage, I applaud their compassion for others to emulate in his wake. 2016, I was unable to be present to cast my dedication and commitment to one another. It is with great admiration that I congratulate vote on the Carolyn B. Maloney of New York It’s clear they have both been exemplary Sgt. Henderson on his retirement, and wish amendment to H.R. 1675. Had I been present members of our community, and I wish them him the best on all future endeavors. for rollcall No. 59, I would have voted ‘‘AYE.’’ the best in all future endeavors.

VerDate Sep 11 2014 04:11 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A04FE8.004 E04FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS February 4, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E117 CELEBRATING 2016 NATIONAL IN RECOGNITION OF NICOLINA I would just like others to know how consid- CATHOLIC SCHOOLS WEEK (NICKI) R. CARDWELL FOR HER erate and kind a government employee can DEDICATED CAREER OF PUBLIC be.’’ SERVICE This type of praise was not uncommon for HON. DAN BENISHEK Nicki. Her personnel folder is full of thank you OF MICHIGAN HON. EMANUEL CLEAVER notes and emails referring to her as ‘‘jumping IN THE HOUSE OF REPRESENTATIVES OF MISSOURI right into the action’’, ‘‘could not have been Thursday, February 4, 2016 IN THE HOUSE OF REPRESENTATIVES more helpful’’, and ‘‘beyond the call of duty.’’ Her dedication to constituents led one indi- Thursday, February 4, 2016 Mr. BENISHEK. Mr. Speaker, I rise today to vidual to even refer to her positively as a ‘‘bull- celebrate 2016 National Catholic Schools Mr. CLEAVER. Mr. Speaker, I rise today to dog’’ and went on to say ‘‘You’re lucky to have Week. Across the First District of Michigan, recognize one of our own. On Friday, January such a person on your staff.’’ there are 22 Catholic schools providing a first 22, 2016, Ms. Nicolina (Nicki) Cardwell retired So it should come as no surprise, Mr. rate education to over 4,100 students that from my office after serving a combined sev- Speaker, that when I was first elected to Con- combines faith with academic excellence. enteen years for the people of Missouri’s Fifth gress in November, 2004, I knew immediately Since coming to Congress, it has been an Congressional District as a Community Affairs who my first staff hire would be. The list of honor to meet with students in Catholic Liaison for eleven years in my Independence civic leaders and elected officials advocating schools across my district at St. Francis de District Office and six years with my prede- that I hire Nicki was lengthy, but they did not Sales in Manistique, Manistee Catholic Central cessor. Overall, Nicki dedicated four decades need to convince me. I knew after our con- School in Manistee, and Menominee Catholic of public service to our community, as a versation that a more passionate and caring Central School in Menominee, among others. teacher, county employee, and ultimately retir- caseworker did not exist. This year, the theme of National Catholic ing from Congressional service, spending Over the past eleven years, Nicki has Schools Week is ‘‘Catholic Schools: Commu- much of her career based in Eastern Jackson helped thousands of constituents. She has nities of Faith, Knowledge, and Service.’’ As a County, Missouri. worked primarily with our veterans and active lifelong Catholic, former student, and frequent Born May 7, 1947, to an Italian mother, military personnel, but does not hesitate to guest of schools across Northern Michigan, I Silva Piva, and a Kansan father, George Mor- jump in to help whenever needed. She often know that the Catholic schools in our region ris, Nicolina Rowena Maria Cardwell often re- would spend hours listening to constituents in are certainly living up to these goals. minds folks of her proud Italian heritage. After person or on the telephone as they shared This year, Congress was blessed to hear studying at Central Missouri State University their struggles with her, pleased to find an em- from Pope Francis. Pope Francis has called and taking time to raise a beautiful family, pathetic listener. Her compassion for the men on all Catholic schools to ‘‘provide an edu- Nicki returned to school. At the University of and women in uniform who have served and cation which teaches critical thinking and en- Missouri-Kansas City, she earned a Bachelor continue to serve our nation is unparalleled. courages the development of mature moral of Science in Physical Education and Health, She regularly attended Stand Downs, Vet- values.’’ going on to teach in public and private schools erans Day, and Memorial Day events with me, In light of this, I have signed onto House in Independence, helping to shape future gen- or on my behalf. She worked to honor vet- Resolution 35, a resolution that honors the erations. erans through helping to arrange special contributions that Catholic schools have made Nicki has spent much of her adult life as a events for Vietnam veterans, Korean veterans, to the United States and its people. I rise resident of Independence, Missouri, home to World War I veterans, World War II veterans, today in strong support of H. Res. 35, and Harry S. Truman, 33rd President of the United and Tuskegee Airmen, just to name a few. urge my colleagues to support this resolution States. She is well known throughout the area, She created a Veterans Advisory Committee as well. Together, we must all recognize the as she has been an active volunteer in the to help serve as a sounding board when im- significant contributions that Catholic schools community and politically active for causes portant issues arose within the VA system or have made to our country. and individuals she supports. In 1988, Nicki in proposed legislation. In addition, Nicki spent joined the Jackson County Parks and Recre- countless hours every year helping our young f ation Department, holding a variety of posi- people going through the Academy nomination tions over the next ten years, including in the process, giving counsel and advice to those HONORING BOONE EVANS Speaker’s Bureau, where she helped intro- eager to join our prestigious military institu- duce thousands of individuals to Jackson tions. County’s programs, facilities, and parks. Given Nicki’s background, she often as- HON. SAM GRAVES Among many other responsibilities, Nicki as- sisted with many of our special projects as OF MISSOURI sisted with marketing, group events, and pub- well. There have been too many projects to IN THE HOUSE OF REPRESENTATIVES lic relations while working for the County. name them all, but the one that stands out is Thursday, February 4, 2016 In 1999, Nicki joined the staff of my prede- our annual Congressional Art Contest. Nicki’s cessor, Congresswoman Karen McCarthy. leadership helped shepherd record participa- Mr. GRAVES of Missouri. Mr. Speaker, I While being considered for the position, some tion with nearly 200 pieces of artwork from proudly pause to recognize Boone Evans. of her prior employers called her, ‘‘the best high school students around the Fifth District Boone is a very special young man who has we’ve ever had dealing with the public,’’ and being submitted for consideration. She worked exemplified the finest qualities of citizenship ‘‘a hard worker—very good.’’ As she assumed personally with principals and art teachers to and leadership by taking an active part in the her new role as a caseworker, Nicki handled encourage submissions to guarantee all parts Boy Scouts of America, Troop 376, and earn- passports, immigration, and veterans issues of the District were well represented. She ing the most prestigious award of Eagle Scout. among others impacting residents of Mis- carefully handled and displayed each piece as Boone has been very active with his troop, souri’s Fifth District. She was often the recipi- if it were her own. She helped secure some of participating in many scout activities. Over the ent of great praise from constituents she our community’s strongest advocates for the many years Boone has been involved with helped, including in one letter to the editor in arts to judge the students’ submissions to en- scouting, he has not only earned numerous which the constituent had faced repeated sure the winning artwork hanging in the Can- merit badges, but also the respect of his fam- roadblocks before making his first call to a non Tunnel represented the best of our Dis- ily, peers, and community. Most notably, Congressional office. He wrote: trict. Students and teachers alike have come Boone has led his troop as the Senior Patrol ‘‘. . . I called [the Congressional] office ex- to rely on Nicki’s friendship and expertise and Leader, earned the rank of Firebuilder in the pecting another difficult process. Nicki they will surely miss her guidance, as will I. Tribe of Mic-O-Say, and has become a Broth- Cardwell called me back within five minutes. In addition to Nicki’s primary role as a case- erhood member of the Order of the Arrow. She proceeded to treat me as if I were ‘fam- worker, she also regularly represented the of- Boone has also contributed to his community ily.’ I know that she is very busy, but I felt like fice at meetings and events throughout the through his Eagle Scout project. I was the only one on her agenda. She went District. She was a regular at the Independ- Mr. Speaker, I proudly ask you to join me in beyond the call of duty and even met with me ence Chamber of Commerce, the Eastern commending Boone Evans for his accomplish- on a Saturday afternoon to complete the pa- Jackson County Betterment Council, the Na- ments with the Boy Scouts of America and for perwork I needed . . . She made me feel very tional World War I Museum and Memorial, the his efforts put forth in achieving the highest comfortable throughout the entire process. Truman Presidential Library and Museum, and distinction of Eagle Scout. She took a lot of stress off my shoulders, and 40 Club to name but a few. She is as well

VerDate Sep 11 2014 04:11 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K04FE8.006 E04FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E118 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 2016 known in our community as anyone and often- CONGRATULATING RONNIE RECOGNIZING THE 75TH times when I would join her for an appearance METSKER ANNIVERSARY OF THE USO at one of these events, individuals would ap- proach me to share how much they appre- HON. KEVIN YODER HON. JEFF MILLER ciated Nicki’s active participation and un- OF FLORIDA OF KANSAS equaled dedication to the people of our Dis- IN THE HOUSE OF REPRESENTATIVES trict. IN THE HOUSE OF REPRESENTATIVES Thursday, February 4, 2016 Mr. Speaker, as my colleagues in this Thursday, February 4, 2016 Chamber know, we are regularly pulled in Mr. MILLER of Florida. Mr. Speaker, I rise many directions as we try to represent the Mr. YODER. Mr. Speaker, I rise today to to recognize the 75th anniversary of the nearly 800,000 constituents in our Districts. congratulate my good friend Ronnie Metsker United Service Organizations Inc. (USO). The Oftentimes, it is our staff, serving behind the for his appointment to serve the State of Kan- USO is a shining example of what can be scenes, helping to ensure those constituents sas as Johnson County Election Commis- achieved by an organization committed to get prompt attention as they maneuver sioner. serving those who wear the uniform. Through- through the bureaucratic hurdles that regret- Ronnie is honest, trustworthy, sincere, and out its proud history, the USO has served mil- tably get in the way. There is not a member a true gentleman. lions of servicemembers and their families, en- suring that our Nation’s heroes remain con- of this esteemed body who wouldn’t be proud He served with me as a member of the to have Nicki Cardwell on their team, and her nected to their communities and families wher- Kansas State House of Representatives from ever their service to our country may take service has certainly been a blessing for me. 2006 to 2009. She is a loyal, caring, and compassionate indi- them. He’s been a long-time member of both the As Thomas Jefferson wrote during his time vidual whose commitment to Missouri’s Fifth Overland Park and Northeast Johnson County as the United States Ambassador to France, District will be sorely missed. As she retires to Chambers of Commerce, as well as on the ‘‘No society is so precious as that of one’s spend more time with her family and loved Shawnee Mission Rotary Board of Directors, own family.’’ The brave men and women who ones, I encourage my colleagues to join me in working to bring more jobs and better pay- choose to serve our Nation, to protect and up- recognizing her lifetime of dedication to our checks to the community. hold our Constitution, understand that their de- community and country and wishing her con- He’s fought for the best education for our cision may lead to extended absences from tinued success. The people of Missouri’s Fifth children and future generations on the Shaw- their loved ones. While they take on this sac- District, including me, are better off because of nee Mission School District Committee for Ex- rifice without asking for anything in return, the Ms. Nicolina R. Cardwell. cellence. USO was founded on the belief that, when the military mission takes our servicemembers f But most of all, he is my friend. I want to thank Ronnie for making Johnson away from their loved ones, we have a duty to IN RECOGNITION OF CHIEF County a better place over the course of dec- support them by keeping them connected to RODNEY JONES ades of hard work on behalf of the community. their family, their home, and our country. The USO was formed during one of the I should also mention Ronnie’s wife, Susan, most challenging periods in our history. With is a member of my district staff. Together the United States on the brink of entry into HON. NORMA J. TORRES these two make a great team and much have World War II, President Franklin Roosevelt OF CALIFORNIA dedicated their lives to public service. brought together six private organizations—the IN THE HOUSE OF REPRESENTATIVES There is no better person to ensure the in- YMCA, YWCA, National Catholic Community tegrity of the elections in our county. Thursday, February 4, 2016 Service, the National Jewish Welfare Board, Mr. Speaker, on behalf of this great body, I the Traveler’s Aid Association and the Salva- Mrs. TORRES. Mr. Speaker, I rise today to send heartfelt congratulations to Commis- tion Army—to create a new organization whol- honor Chief Rodney Jones of the Fontana Po- sioner Metsker. ly dedicated to maintaining the bonds of family lice Department for his 35 years of service to and comforts of home. In response, these or- the Inland Empire. f ganizations pooled their resources, and, on February 4, 1941, the USO was born. Chief Jones began his career as a public HONORING GRANT CORKILL safety official in 1981 and has since served in As American servicemembers began fight- various capacities to lead police activity in the ing in World War II, the USO teamed up with City of Fontana where his work throughout the HON. SAM GRAVES Coca-Cola to provide every servicemember with the taste of home, and they also estab- years has earned him praise from both his OF MISSOURI peers and residents of the community. Chief lished the world famous USO show concept. IN THE HOUSE OF REPRESENTATIVES Jones’ leadership has also garnered him nu- From 1941 to 1947, an incredible 428,521 merous commendations from national, state, Thursday, February 4, 2016 USO shows were performed, and by the end and local police organizations for his out- of World War II more than 1.5 million Ameri- Mr. GRAVES of Missouri. Mr. Speaker, I cans had volunteered on the USO’s behalf. standing service. All of these accolades high- proudly pause to recognize Grant Corkill. light his extraordinary commitment to public Building on their incredibly successful efforts Grant is a very special young man who has during World War II, the USO has accom- safety, which has greatly benefited the people exemplified the finest qualities of citizenship of our region. panied our troops during wartime in Korea, and leadership by taking an active part in the Vietnam, the Persian Gulf, Afghanistan, and Chief Jones’ distinguished career in law en- Boy Scouts of America, Troop 1412, and earn- Iraq. In Korea, not a single day passed without forcement is further bolstered by his role as ing the most prestigious award of Eagle Scout. a USO show for the troops, while in Vietnam head of the Fontana Police Department. Grant has been very active with his troop, the USO’s 17 centers in Vietnam and six in Throughout his tenure as Chief of Police, he participating in many scout activities. Over the Thailand served more than a million administered many reforms that have en- many years Grant has been involved with servicemembers a month, including with the hanced public safety in the region. His accom- scouting, he has not only earned numerous famous Bob Hope USO Christmas shows. In plishments include overseeing a $12 million merit badges, but also the respect of his fam- recognition of their work, the USO entered into expansion of Fontana’s police headquarters ily, peers, and community. Most notably, Grant a memorandum of agreement with the Depart- and implementing modern police procedures has contributed to his community through his ment of Defense in 1987, which recognized to improve operations in the area. Eagle Scout project. Grant planned and led the USO as the principal channel representing On Friday, February 5th, Chief Jones will re- the construction of a perch pole at Smithville civilian concerns for servicemembers world- tire from the Fontana Police Department. He Lake for eagles and other birds to rest on wide. will be missed by the community. I thank him within easy sight for bird-watchers. Today, the USO, with the support of 30,000 for his contributions to our region and wish Mr. Speaker, I proudly ask you to join me in volunteers and 600 employees, provides serv- him the best in his future endeavors. commending Grant Corkill for his accomplish- ices, entertainment, and programs at more For his many contributions to the Fontana ments with the Boy Scouts of America and for than 180 locations worldwide. From Afghani- Police Department and other achievements, I his efforts put forth in achieving the highest stan, Kuwait, the United Arab Emirates, and would like to recognize Chief Rodney Jones. distinction of Eagle Scout. Djibouti, to Germany Italy, Japan, South

VerDate Sep 11 2014 04:11 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A04FE8.008 E04FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS February 4, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E119 Korea, and Guam, and of course right here at ever vice president of the San Diego branch of The V. Rev. Fr. James Rousakis, Vicar for home, USO centers are visited more than 7 National Association for the Advancement of Western Florida, is a dear friend from Saint million times a year by servicemembers and Colored People (NAACP). His commitment Nicholas Greek Orthodox Cathedral in Tarpon their families. These USO centers allow trav- was recognized globally and he was honored, Springs, Florida, who demonstrates a tireless eling servicemembers and their families to in 2003, with the very prestigious Ambassador effort to preserve the Greek-American Ortho- have a place to enjoy some of the comforts of of Peace Award. The award is given to an in- dox values and instill the Hellenic culture to home, and they are an integral part of the dividual who has promoted goodwill among all the next generation of Greek-Americans. He USO’s success. peoples without respect to one’s race, creed, has served the Orthodox faithful in Rochester, Mr. Speaker, assisting our servicemembers color, religion, or national origin. Pastor New York; Atlanta, Georgia; Portland, Maine; and fighting for our veterans as Chairman of Manley did not only promote these values at Indianapolis, Indiana; Clearwater and now Tar- the House Committee on Veterans’ Affairs and home but also traveled extensively across the pon Springs, Florida. With his boundless en- as Founding Co-Chair of the USO Congres- country and around the world promoting spir- ergy, Father James has helped to foster in- sional Caucus is my greatest honor serving in itual and religious harmony. credible growth in the membership and min- Congress. The men and women who put on Pastor Manley was an outstanding indi- istries at Holy Trinity. the uniform choose a life of selflessness, put- vidual, husband, father, preacher and friend to ting their service to our Nation above all else. The Honorable Steve Christopoulos is a re- many. He was considerate, genuine and de- markable educator and coordinator who con- As a grateful Nation, we have a duty and re- voted to making this world a better, more just sponsibility to support them in any way pos- tinually puts forth a dynamic effort to organize place. His leadership is sure to leave a lasting almost a dozen charter schools in the Florida sible, and there is no greater example of civil- legacy. He will be missed by his family—his ians coming together to show our recognition community. Born in Akovos, Greece, wife and seven children, and his San Diego Christopoulos moved to the United States at and support for our servicemembers than the community. USO. The USO keeps our brave men and the age of twelve and his family settled in women in uniform driving on, while adhering to f Lynn, Massachusetts. After a rewarding career in commercial real estate, Christopoulos that simple promise made by President Lin- PERSONAL EXPLANATION coln so many years ago: ‘‘To care for him who began his current leadership of Superior shall have borne the battle.’’ My wife Vicki and Schools, which operates numerous schools of I congratulate the USO on their 75th anniver- HON. BOB GOODLATTE choice throughout the Tampa area. His un- sary, and thank the dedicated volunteers and OF VIRGINIA wavering commitment to excellence sets him all those who work with the USO to help show IN THE HOUSE OF REPRESENTATIVES apart in the world of challenging and sup- our Nation’s eternal gratitude to our Thursday, February 4, 2016 portive educational environments. His dedica- servicemembers and their families ‘‘until ev- tion to Hellenic values and the superior learn- Mr. GOODLATTE. Mr. Speaker, I was un- eryone comes home.’’ ing environments he has created consistently avoidably detained during four votes of the produces outstanding citizens and f second series on February 3, 2016. Had I Philhellenes. been present, I would have voted ‘‘No’’ on the IN HONOR OF PASTOR WILLIE E. Mrs. Catherine Diacogianni is a heralded MANLEY amendment offered by Mr. ISSA to H.R. 1675, ‘‘No’’ on the amendment offered by Mrs. educator who has contributed to our local MALONEY to H.R. 1675, ‘‘No’’ on the Motion to Tampa Greek communities by teaching the HON. JUAN VARGAS Recommit with Instructions, and ‘‘Yes’’ on final Greek language and cultural history for over OF CALIFORNIA passage of H.R. 1675, the Encouraging Em- thirty years. After studying and working for the IN THE HOUSE OF REPRESENTATIVES ployee Ownership Act of 2015. Red Cross in Athens early in her life, Thursday, February 4, 2016 Diacogianni moved to Florida in 1977 and f dedicated her life to teaching the Greek lan- Mr. VARGAS. Mr. Speaker, I rise today to PERSONAL EXPLANATION guage to future generations as well as her honor Pastor Willie E. Manley, a true leader peers. Despite a consistent tenure at Holy and servant of the community of San Diego. HON. JOHN CONYERS, JR. Trinity Greek School, Diacogianni also estab- Pastor Manley passed away on Friday, Feb- lished the St. Stephanos Greek School in St. OF MICHIGAN ruary 2, 2016, in his beloved city of San Petersburg where she worked tirelessly as Diego. IN THE HOUSE OF REPRESENTATIVES teacher and director for 14 years. I am con- Pastor Manley was born in 1933 in Ste- Thursday, February 4, 2016 stantly in awe of Diacogianni’s untiring efforts phens, Arkansas. In 1966, he left his con- Mr. CONYERS. Mr. Speaker, yesterday, I and passion to educate everyone she comes gregation in chilly Milwaukee, Wisconsin, to in contact with about the significance of Hel- conduct a revival in San Diego. On May 4, was detained and unable to cast my vote. Had I been present, I would have voted ‘‘no’’ on lenic history and language so that it may live 1973, he started his pastoral duties at the on in our community. Greater Life Baptist Church of San Diego, Roll Call Vote 61. which he founded and served as pastor emer- f I commend the Federation of Hellenic Amer- itus. ican Educators and the Greek Teacher Asso- Pastor Manley was well known throughout HONORING GREEK AMERICAN ciation of Florida for highlighting these three the church and civic community for his hon- EDUCATORS pillars of our community, and I hope every esty and integrity. Many residents in the San American can learn from and emulate the de- Diego community would call on him for an- HON. GUS M. BILIRAKIS termined efforts of these extraordinary edu- swers and solutions. He was a man of great OF FLORIDA cators. strength and courage. One who did not boast IN THE HOUSE OF REPRESENTATIVES of himself, but rather, humbly gave his all to f Thursday, February 4, 2016 the people. Under his leadership, the Greater Life Baptist Church congregation has grown Mr. BILIRAKIS. Mr. Speaker, I rise today to PERSONAL EXPLANATION from forty-five to over three hundred members, honor three remarkable and distinguished giving many a safe place to come together members of the Greek Orthodox community in and worship. the Tampa Bay area. These three Greek HON. KYRSTEN SINEMA Pastor Manley was also a dedicated public American educators continually demonstrate OF ARIZONA servant and an incredibly active member of excellence in transmitting the value of Hellenic our community. He spent several years as a education to the next generation of scholars, IN THE HOUSE OF REPRESENTATIVES member of my staff when I was a tying historic Hellenic values and culture to to- Thursday, February 4, 2016 Councilmember in the City of San Diego and day’s contemporary policy and cultural discus- as district staff to former Member of Congress, sions in the United States. Together, these Ms. SINEMA. Mr. Speaker, during Roll Call Randall Duke Cunningham. scholars promote and enhance the teaching of vote number 50 on Feb. 2, 2016, I was un- Pastor Manley was a relentless champion our incredible culture and affect a change that avoidably detained. Had I been present, I for civil rights. He was the president and first enhances Hellenism throughout the world. would have voted NO.

VerDate Sep 11 2014 04:11 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\K04FE8.009 E04FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E120 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 2016 PERSONAL EXPLANATION Kathleen’s passing is a real loss to the numbers in a needs assessment. Our failure world—she was a bright spirit who could light to adequately invest in aging infrastructure is HON. STEVE KING up a room and make you laugh and think at having detrimental effects on our health and OF IOWA the same time. What a rare gift it was to have economy. Last year alone, Americans across IN THE HOUSE OF REPRESENTATIVES known her. I ask all my colleagues to please the country suffered from more than 240,000 join me in sending my sincere condolences to water main breaks and saw overflowing com- Thursday, February 4, 2016 those who will feel this loss most deeply: her bined sewer systems—causing contamination, Mr. KING of Iowa. Mr. Speaker, I was un- daughter, step-son, sister, brother, sister-in- property damage, disruptions in the water sup- able to vote on 2/3/2016. Had I been present, law, nieces and nephews, and grandchildren. ply, and massive traffic jams. I would have voted as follows: f In order to address this, the Water Infra- NO on Roll Call Number 58; structure Trust Fund Act will provide needed NO on Roll Call Number 59. HONORING RAUL R. RENDON revenue for states and local governments to f make overdue investments in wastewater and HON. JOAQUIN CASTRO drinking water infrastructure and will also take CELEBRATING THE LIFE OF OF TEXAS a hard look at the systemic challenges affect- KATHLEEN P. DEVINE IN THE HOUSE OF REPRESENTATIVES ing access to safe water in low-income popu- Thursday, February 4, 2016 lations. The Water Infrastructure Trust Fund Act al- HON. JOE COURTNEY Mr. CASTRO of Texas. Mr. Speaker, I rise OF CONNECTICUT lows businesses to choose to place a small today to honor the life of Mr. Raul R. Rendon, IN THE HOUSE OF REPRESENTATIVES label on their products indicating their commit- a San Antonio resident who passed away on ment to protecting America’s clean water, con- Thursday, February 4, 2016 January 28 and whose life was marked by tributing $0.03 to the Water Infrastructure Mr. COURTNEY. Mr. Speaker, it is with service to his nation. Born on September 14, Trust Fund for each unit bearing the label. The great sadness that I rise to honor the life of a 1928, Mr. Rendon served in the United States Trust Fund revenue will be distributed to the great journalist and public servant from the Marine Corps in the Korean War. On Sep- states as grants and loans through the Clean state of Connecticut, and life-long friend, Kath- tember 27, 1950, he was injured at Yudam-ni Water State Revolving Fund (CWSRF) and leen P. Devine, who passed away in Groton, during the Chosin Reservoir Campaign. Mr. the Drinking Water State Revolving Fund Connecticut after a brief illness last week. Rendon and his comrades in that battle were (DWSRF) to help public water systems finance Kathleen was known to all who had the privi- awarded the Presidential Unit Citation, a deco- wastewater and drinking water infrastructure lege of meeting her as a deeply principled, ration given to a unit that displays gallantry, projects. The legislation also commissions an hardworking, and positive public servant with a determination, and esprit de corps in accom- EPA study of the water affordability gap facing distinguished career in both finance and jour- plishing its mission under extremely difficult low-income populations and an analysis of so- nalism. and hazardous conditions as to set it apart lutions to systemic barriers affecting access to Kathleen served as the Treasurer of the City from other units participating in the same cam- safe water systems. of Hartford, Connecticut from 1998 to 2011, paign. He was also a Purple Heart recipient. Congress must do more, not only to meet during which time she advocated fiercely for Mr. Rendon was preceded in death by his the huge need for water infrastructure invest- the city’s employees and pensioners. Her tire- beloved wife Elvia, parents Romana and Trini- ments, but also to understand why failing in- less work ethic and grasp of financial markets dad, and sisters Alma Vergara and Freya frastructure hits the most vulnerable commu- translated into positive results for the City and Mirta Rendon Garcia. He is survived by his nities the hardest. its workforce. When she left office she left be- brother Trinidad, and his legacy lives on f hind a distinguished career in public service through his children—Raul Jr., Robert, and RECOGNIZING AND CONGRATU- which began with her role as Deputy Treas- Rosanna—and his grandchildren—Mark, LATING GARY FAULKNER, JR. urer to Denise Nappier and staff member for Elyse, Justin, and Gianna. FOR WINNING THE 2015 State Treasurer Frank Borges. It is brave Americans like Mr. Rendon ROLLTECH PROFESSIONAL Before her many years in office, Kathleen whose patriotism and selflessness make our BOWLERS ASSOCIATION WORLD was a well-respected journalist and member of nation great and keep us safe. While the San CHAMPIONSHIP the Editorial Board of the Hartford Courant. Antonio community mourns this loss, we draw There, she spoke up for underrepresented strength from our memories of Mr. Rendon’s voices, particularly women and minorities, to courage and kind spirit. HON. STEVE COHEN ensure that their stories were told. She was a f OF TENNESSEE IN THE HOUSE OF REPRESENTATIVES trailblazing woman in a field that at the time INTRODUCTION OF THE WATER IN- was mostly dominated by men. Her poise, de- FRASTRUCTURE TRUST FUND Thursday, February 4, 2016 termination, and grit left a decades-long im- ACT Mr. COHEN. Mr. Speaker, I rise today to pact on her colleagues. One Courant col- recognize and congratulate Gary Faulkner, Jr. league, Susan Campbell, recently recalled HON. EARL BLUMENAUER of Memphis, Tennessee for winning the 2015 Kathleen’s role as a mentor during her first OF OREGON Rolltech Professional Bowlers Association months as a journalist, noting her humor and IN THE HOUSE OF REPRESENTATIVES World Championship at the National Bowling down-to-earth personality. Kathleen always Stadium in Reno, Nevada. In his first profes- made a point to recognize people for the good Thursday, February 4, 2016 sional television appearance, Gary Faulkner work that they did, even when most in the Mr. BLUMENAUER. Mr. Speaker, water in- beat top qualifier EJ Tackett to become the newsroom would keep their head down in self- frastructure is a local issue—from a giant sink- second African American ever to win a PBA interest. hole in Gresham, OR, to poisoned water in Tour title in the PBA’s 57-year history after Kathleen was an incredible mentor, public Flint, MI. For too long, we’ve let critical water George Branham III won the Brunswick Me- servant, writer, advocate and friend. Her te- systems simply fall apart. The American Soci- morial World Open in 1986. nacity and sense of justice will certainly be ety of Civil Engineers (ASCE) gave our na- Gary learned the game of bowling at the missed in Connecticut and in the lives of her tion’s wastewater and drinking water infra- early age of two when he bowled with his fa- many friends and family. As I said, Kathleen structure a grade of ‘‘D’’ in their most recent ther, Pastor Gary Faulkner, Sr. of Cummings was a lifelong friend as a result of the close- report card. While our clean water needs are Street Baptist Church. As a sophomore at ness of my family and the Palm family that estimated to be nearly $15 billion a year, ap- Germantown High School, Gary won the Divi- went back to the 1950s. She never failed to propriations for clean water infrastructure have sion I Bowling Championship title in the Ten- remind me, and anyone else I was with at so- averaged less than over $2 billion a year since nessee Secondary School Athletic Association cial and political gatherings, that she babysat 2000. Drinking water infrastructure is in no individual bowling tournament. At that time, his for me, and as a result I better shape up as better shape. The EPA estimates that we best series bowling score was 833. While en- a state legislator and Congressman or she need to invest over $19 billion annually to en- rolled at Webber International University, Gary would embarrass me with stories of early sure the provision of safe tap water, while helped lead his team to the 2012 Intercolle- years. I never doubted for a moment that she Congress appropriates less than $1 billion. giate Team Championship. would and did my best to live up to her high As seen by the recent lead water crisis in Gary Faulkner maintained his focus and de- standards. Flint, MI, the costs of inaction are not just termination to win the Rolltech Championship.

VerDate Sep 11 2014 04:11 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A04FE8.016 E04FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS February 4, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E121 On his way to victory, Gary threw 10 strikes RECOGNIZING THE NATIONAL these efforts, and join in supporting this cause. on his first 11 shots to ultimately defeat Scott LEAGUE OF AMERICAN PEN At a time when women seem to be under at- Norton of Mission Viejo, California 262–218. WOMEN, INC. (NLAPW) tack in this country and all over the globe, as- He also defeated Ryan Ciminelli of sisting the National League of American Pen Cheektowaga, New York, 247–237, who was HON. ELEANOR HOLMES NORTON Women would be a worthy step in trying to re- seeking to win his third title, back-to-back, to OF THE DISTRICT OF COLUMBIA dress that balance. become the first player to win three consecu- IN THE HOUSE OF REPRESENTATIVES For all of these reasons, I ask the House to tive PBA titles on American soil since 1971. join me in expressing support for the League Thursday, February 4, 2016 Gary opened this match with a spare and four and its successful mission, and to recognize strikes. In his final three-game match, Gary Ms. NORTON. Mr. Speaker, I rise today to the importance of saving it. I know the League impressively rolled six strikes on his first eight ask the House of Representatives to join me would be profoundly grateful for that support. attempts and threw only two bad shots. Gary’s in recognizing a treasured historical landmark f opponent, EJ Tackett of Huntington, Indiana, in our midst, The National League of American on the other hand, left three splits in his first Pen Women, Inc. (NLAPW). The League’s PERSONAL EXPLANATION five frames, setting up a 49 pin deficit from headquarters is located in the heart of the na- which he could not rebound against Faulkner. tion’s capital between Dupont Circle and Scott HON. JOHN CONYERS, JR. Gary Faulkner won the title 216–178. Circle, just blocks away from the White House. OF MICHIGAN After winning, Gary said, ‘‘The first shot I With affiliates all across the United States, the IN THE HOUSE OF REPRESENTATIVES League is a key nonprofit neighbor, whose was nervous, but after that I didn’t think about Thursday, February 4, 2016 anything. My mind was free. I didn’t watch the headquarters building is a magnificent archi- other guys. I don’t show a lot of emotions. My tectural gem. Mr. CONYERS. Mr. Speaker, yesterday, I goal is always to win; I didn’t come here to The League is dedicated to the recognition was detained and unable to cast my vote. Had lose.’’ With a goal set in mind to win, Gary and advancement of women in the arts and I been present, I would have voted No on Roll Faulkner has represented his family and the letters in the District of Columbia and nation- Call Vote 55. city of Memphis well, and I look forward to wide. Its mission is to represent and foster f reading about his future accomplishments. Mr. women’s outstanding cultural and educational contributions to the nation. The League’s TRIBUTE TO DR. HAROLD Speaker, I ask all of my colleagues to join me MCFARLANE in congratulating Gary Faulkner, Jr. on winning membership, comprising some 82 branches the 2015 Rolltech Professional Bowlers Asso- throughout the country, encompasses a cross ciation World Championship. section of American women—all ages, races, HON. MICHAEL K. SIMPSON religions, and cultures. For generations, the OF IDAHO f League has highlighted the great contributions IN THE HOUSE OF REPRESENTATIVES and careers of creative American Women. Thursday, February 4, 2016 HONORING THE LEGACY OF DR. Since its founding in 1897, luminaries such as CARTER G. WOODSON Nobel Laureate Pearl Buck, Margaret Mitchell Mr. SIMPSON. Mr. Speaker, I rise today to and Eudora Welty were illustrious members, offer my thanks to a dedicated public servant. among many others. Eleanor Roosevelt was a After forty-three years of service, achievement HON. EVAN H. JENKINS very active Pen Woman, as was Vinnie Ream, and recognition, Dr. Harold McFarlane is retir- OF WEST VIRGINIA who sculpted the Lincoln statue that stands in ing from the Idaho National Laboratory. IN THE HOUSE OF REPRESENTATIVES the Capitol’s Rotunda, as well as the statue of Speaking at a colleague’s retirement cere- Thursday, February 4, 2016 Admiral Farragut at Farragut Square. mony years ago, Harold noted that his col- It should also be noted that the League’s league ‘‘came to work every day and made a Mr. JENKINS of West Virginia. Mr. Speaker, beautiful, mansion-class headquarters at 1300 difference.’’ The same can be said of Dr. I rise today to honor the legacy of Dr. Carter 17th Street NW is steeped in history. Its inte- McFarlane, he came to work every day and he G. Woodson. I am proud to celebrate his rior has been lovingly maintained. To walk made a difference. achievements with my friends at Marshall Uni- through it, as so many did during the recent If you are going to try to pay tribute to Har- versity and the city of Huntington as they com- Dupont Circle House Tour sponsored by the old McFarlane, you are going to need lots of memorate Dr. Carter G. Woodson Day. Dupont Circle Citizens Association, is to expe- time and lots of paper. Harold’s accomplish- Dr. Woodson, a former Huntington, West rience the elegance and inspiration of a by- ments and contributions as a scientist, an ad- Virginia, resident, is known as the ‘‘Father of gone era. It is also to realize that the Pen Arts ministrator, and a leader are as impactful as African-American History.’’ He believed in the Building was once the home of Robert Todd they are extensive. importance of education, and early in his ca- Lincoln, Abraham Lincoln’s oldest son. That is After graduating from high school in Texas, reer served as principal of Douglass High an especially noteworthy historical perspective Harold earned a Bachelor of Science degree School, his alma mater. Dr. Woodson then be- in this 150th anniversary year of the death of from the University of Texas. Harold then went came one of the first African Americans to Abraham Lincoln. to the California Institute of Technology to earn a doctorate in history from Harvard Uni- Regrettably, the League has become finan- earn his PhD in engineering science. After a versity. Dr. Woodson also pioneered the ob- cially stressed, a situation hindering the pres- short stint teaching nuclear engineering at servation of Black History Month each Feb- ervation efforts of many nonprofits today. Los- New York University, in 1973 Harold moved ruary and devoted his life to documenting the ing the League, which has been in the District his young family to Idaho to join Argonne- important contributions African Americans for 64 years, would be a terrible blow to the West National Laboratory to start up the Zero have made to our nation’s history. city, to the Dupont Circle neighborhood, to Power Plutonium Reactor, or ZPPR as it is I would also like to congratulate Marshall preservation, and to history itself. I also ask known in Idaho. Thus began Harold’s forty- University’s Carter G. Woodson Professor of the House to recognize the League’s unfortu- three year career at Argonne-West and the Journalism and Mass Communications, Burnis nate current financial plight, and the efforts of Idaho National Laboratory. At the labs, Harold Morris. He was recently honored as a 2016 TENAC, the D.C. Tenants’ Advocacy Coali- became involved in almost every major De- History Hero at West Virginia History Day in tion, to help preserve this beautiful landmark. partment of Energy advanced reactor, nuclear Charleston, West Virginia. Mr. Morris’ exten- Under the leadership of its chairman, Jim fuel cycle, international collaboration, and sive research on Dr. Woodson has helped McGrath, TENAC has long been the District’s space power project. preserve Dr. Woodson’s legacy and ensures unrivaled champion of tenants’ rights, helping While working at Argonne-West, Harold took that future generations have the opportunity to the homeless, and historic preservation. up another challenge and earned his Master’s learn about the legacy of this remarkable his- Helping the League remain in the District in Business Administration from the University torical icon. and maintain its magnificent headquarters of Chicago. As recognition of his skills and I extended my wishes for a successful event building here is a very worthy cause, enthu- leadership became better known, in 2006 Har- celebrating the life of Dr. Woodson and all that siastically supported by a broad variety of oth- old was elected President of the American Nu- he has achieved—he is one of Huntington’s ers in the city, including D.C. Councilmember clear Society. greatest icons and contributed greatly to en- Jack Evans, the Dupont Circle Citizens Asso- In 2011, Harold served special assignment suring that the stories of African Americans ciation, and the historic Tabard Inn, among in Washington, DC supporting the Office of continue to be honored by all Americans. many others. I ask the House to recognize Nuclear Energy, and in the wake of the

VerDate Sep 11 2014 04:11 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A04FE8.020 E04FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E122 CONGRESSIONAL RECORD — Extensions of Remarks February 4, 2016 Fukushima earthquake and tsunami, Harold been appointed chair of several influential with state legal marijuana activity. Congress became a key technical source for Secretary committees. Currently, he chairs the Senate then followed suit and barred the Department Chu and others at the Department of Energy Commerce Committee. of Justice from expending resources in con- (DOE) explaining what was happening on the Senator Metzen’s ability to build bridges be- travention of state medical marijuana laws. ground. Harold later received a special com- tween Democrats and the business community According to the Controlled Substances Act mendation from DOE for his contribution dur- and get important things done has come natu- (CSA), it is unlawful for anyone to place an ing this time. rally through the executive roles he has advertisement for a Schedule I substance, in- Harold continued his contribution to inter- served in local community banks. Throughout cluding a medical marijuana product, in any national nuclear collaboration when he served his public and private sector service, improv- newspaper, magazine, handbill or other publi- as the Technical Director of the Generation IV ing his community has been his priority. He cation even if that activity is legal under state International Forum (GIF) and later Chief of has always delivered—both large and small, law. This creates a confusing reality in states Staff to the GIF chairman. from supporting the Mighty Ducks youth hock- where marijuana is legal for marijuana busi- Throughout his career, Harold has been put ey program, to the transformation of industrial nesses that seek to advertise in local news- in charge of difficult technical projects, and he landfill into the Kaposia Landing park, to the papers, as well as for the many newspapers led, mentored, and executed all with profes- replacement of the Wakota Bridge over the around the country that rely on advertising sionalism and distinction. Along the way, Har- Mississippi River. His influential advocacy con- revenue. In December 2015, the United States Postal old accumulated a cadre of colleagues, friends tinues on projects like developing the Robert Service (USPS) declared that it is illegal to and young scientists who wanted to work with Street transit corridor. Residents of South mail any items, including newspapers, which him Saint Paul, West Saint Paul, Inver Grove contain advertisements offering to buy or sell Since his days at the University of Texas, Heights, Mendota and Mendota Heights have marijuana, even if in compliance with a state Harold has had one partner in this wonderful been fortunate to have Jim working for them. law. career and life, his wife Mary Ellen. Harold To call Jim a friend is a privilege for my Small businesses and community news- would be the first to acknowledge that al- family and me. I have fond memories of join- papers rely on USPS to reach their customers though his work and reputation made him one ing my father to put up yard signs for Jim dur- and the USPS policy could have the effect of of the most recognizable nuclear professionals ing his early campaigns, and it is probably no stopping all written marijuana advertisements in the world, in Idaho Falls he is best known coincidence that our mutual strong support of in states that have already made the decision as Mary Ellen’s husband. public education comes from us both attending to legalize marijuana. This contradicts the will Harold and Mary Ellen are avid golfers and Central Grade School in South Saint Paul. of the voters in these states as well as recent the two have played courses around the world Throughout my own public service, he was al- directives from the Obama Administration and in another pursuit of excellence. Along with ways among the first to offer encouragement Congress. their son Matt, Mary Ellen and Harold deserve and help. It was wonderful to join the hun- There are certainly important questions that our thanks and well wishes as his career at dreds of ‘‘friends of Jim’’ last fall at the Cro- need to be answered about how to best regu- the lab ends. atian Hall in South Saint Paul to recognize his late marijuana and advertisements, to ensure Harold, thank you for coming to work every many contributions on behalf of the commu- it does not get in the hands of children and day and for making a difference. nity. I wish Jim and his wife Sandie all the that it is delivered in a safe, regulated system. f best It is not the job of USPS to answer these Mr. Speaker, please join me in paying trib- questions. Until we can change the way that HONORING SENATOR JAMES ute to Senator James ‘‘Jim’’ Metzen as he pre- marijuana is treated at the federal level to METZEN FOR HIS 42 YEARS OF pares to retire after more than 40 years of dis- allow the federal government to be a construc- PUBLIC SERVICE ON THE OCCA- tinguished public service. tive partner in answering these questions, this SION OF HIS RETIREMENT FROM f legislation will help to ensure that they stay THE MINNESOTA SENATE out of the way. INTRODUCTION OF MARIJUANA f HON. BETTY McCOLLUM ADVERTISING IN LEGAL STATES IN RECOGNITION OF MARION CAIN, OF MINNESOTA ACT OF 2016 OR THE ‘‘MAILS’’ ACT OF 2016 ERNEST FANN, LEMUEL HAW- IN THE HOUSE OF REPRESENTATIVES KINS, AND ROBERT SCOTT Thursday, February 4, 2016 HON. EARL BLUMENAUER Ms. MCCOLLUM. Mr. Speaker, it is an OF OREGON HON. SANFORD D. BISHOP, JR. OF GEORGIA honor to rise today to pay tribute to Minnesota IN THE HOUSE OF REPRESENTATIVES State Senator James ‘‘Jim’’ Metzen. Senator IN THE HOUSE OF REPRESENTATIVES Thursday, February 4, 2016 Metzen has been a leader in the Minnesota Thursday, February 4, 2016 legislature for more than 40 years, rep- Mr. BLUMENAUER. Mr. Speaker, today, I Mr. BISHOP of Georgia. Mr. Speaker, I rise resenting my hometown of South Saint Paul am introducing the Marijuana Advertising in today to recognize four Macon, Georgia na- and surrounding communities. He recently an- Legal States Act of 2016 or the ‘‘MAILS’’ Act, tives who played Negro League baseball: Mar- nounced that he plans to retire later this year which creates an exception to the Controlled ion Cain, Ernest Fann, Lemuel Hawkins, and at the end of his current term. His legislative Substances Act to allow for the written adver- Robert Scott. A ceremony to honor these men work is not yet complete, however, it is well tisement of an activity, involving marijuana, if has been coordinated by Gordon Smith, an worth reflecting on his more than four decades it is in compliance with state law. Eagle Scout candidate with Boy Scouts of of public service that have shaped a remark- the last few years, voters in Oregon, Wash- America, Central Georgia Council, Troop 170, able legacy for the community and the state. ington, Colorado and Alaska overwhelmingly and will be held on Saturday, February 6, First elected to the Minnesota House of approved initiatives to legalize the adult use 2016 at Luther Williams Baseball Field in Representatives in 1974, Metzen quickly es- and sale of marijuana. Additionally, 23 states, Macon, Georgia. tablished a reputation as an approachable, the District of Columbia and Guam have legal- Negro League baseball officially organized evenhanded and effective advocate for his ized full medical marijuana programs, and 17 in 1920 and existed until the early 1960s. constituents. In 1986 he was elected to the more states have approved more limited med- While segregation between professional teams Minnesota Senate, bringing his ‘‘can-do’’ out- ical marijuana programs. In many of these hindered some competition for the leagues, look with him to forge important alliances and states, state-approved dispensaries are up the teams maintained a high level of profes- build consensus throughout the state and the and running, bringing the industry out of the sionalism and became centerpieces for eco- community—among constituents, Democrats shadows of the black market and creating a nomic growth in many black communities. The and Republicans, business and labor leaders. safe, regulated system in much of America. individuals who pursued careers in Negro During his time in the Senate, leaders have Despite this progress, marijuana remains League baseball contributed to a sense of recognized Senator Metzen’s extensive knowl- stuck in the past as a Schedule I substance at pride and community during a time of oppres- edge about the legislative process and the re- the federal level. Recognizing this discrep- sion and segregation. As such, I would like to spect he has earned among his colleagues. It ancy, the Obama Administration issued a honor four Macon natives who continue to in- was no surprise in 2003 when he was elected memorandum in 2013 which explained that so spire those in their communities: Marion by his peers to be Senate President, a role he long as certain enforcement criteria were met, ‘‘Sugar’’ Cain, Ernest Fann, Lemuel Hawkins, served for seven years. Additionally, he has federal law enforcement would not interfere and Robert Scott.

VerDate Sep 11 2014 04:11 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A04FE8.024 E04FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS February 4, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E123 Marion ‘‘Sugar’’ Cain was born on February the first baseman for the Monarchs during the ways exemplify the high principles embodied 4, 1914 in Macon, Georgia. Cain was an es- 1924 Negro League World Series. in the Scout Oath and Scout Law. Gordon’s teemed pitcher but doubled in the outfield. He Robert Scott was born on June 22, 1931 commitment to pay homage to and learn from started his career with the Pittsburgh and was a pitcher for the Macon Braves and the hard work and courage of those who came Crawfords, and went on to the Brooklyn Royal Macon Cardinals. He also played with the before him reflects the sincerity of his pur- Giants, and then the Oakland Larks. New York Black Yankees, Boston Blues, and pose, the strength of his determination, and Ernest Fann was born on July 24, 1943 and the Jackie Robinson Barnstorming Team. the timbre of his character. attended Ballard-Hudson High School in To commemorate these exceptional ath- Macon. He led his baseball team to state letes, a ceremony will be held at Luther Wil- Mr. Speaker, I ask that my colleagues join championships in 1961 and 1962. He was a liams Baseball Field where bronze plaques for me today in recognizing the courage, deter- pitcher and catcher playing for the Atlanta each player will be placed. I would like to mination, and legacy of these four Negro Black Crackers, as well as teams in Bruns- thank Gordon Smith for organizing this out- League baseball players from Macon, Geor- wick, Georgia and Daytona, Florida. standing tribute as part of his leadership and gia. Let us be grateful for the pride these men Lemuel Hawkins was born on October 2, service project as he works toward the rank of helped bring to disenfranchised communities 1895, and was a pitcher and first baseman for Eagle Scout. As a proud Eagle Scout myself, and thankful for the changes that have since the Kansas City Monarchs, Chicago Giants, I am reminded of the great responsibility this come, not only in the realm of baseball, but and Chicago American Giants. Hawkins was signal honor carries: the responsibility to al- throughout our nation.

VerDate Sep 11 2014 04:11 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A04FE8.027 E04FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS Thursday, February 4, 2016 Daily Digest Senate By 46 yeas to 50 nays, 1 responding present (Vote Chamber Action No. 16), three-fifths of those Senators duly chosen Routine Proceedings, pages S635–691. and sworn, not having voted in the affirmative, Sen- Measures Introduced: Thirteen bills and three reso- ate rejected the motion to close further debate on lutions were introduced, as follows: S. 2497–2509, Murkowski Amendment No. 2953 (listed above). and S. Res. 362–364. Pages S669–70 Pages S645–46 Senator McConnell entered a motion to reconsider Measures Passed: the vote by which cloture was not invoked on Mur- Authorizing the Use of Emancipation Hall: Sen- kowski Amendment No. 2953. Pages S645–46 ate agreed to H. Con. Res. 109, authorizing the use By 43 yeas to 54 nays (Vote No. 17), three-fifths of Emancipation Hall in the Capitol Visitor Center of those Senators duly chosen and sworn, not having for a ceremony to present the Congressional Gold voted in the affirmative, Senate rejected the motion Medal to the foot soldiers who participated in the to close further debate on the bill. Page S646 1965 Selma to Montgomery marches. Page S691 Senator McConnell entered a motion to reconsider Congratulating the University of Mount Union the vote by which cloture was not invoked on the Football Team: Senate agreed to S. Res. 363, con- bill. Page S646 gratulating the University of Mount Union football Appointments: team for winning the 2015 National Collegiate Ath- Joint Congressional Committee on Inaugural letic Association Division III Football Champion- Ceremonies: The Chair, on behalf of the Vice Presi- ship. Page S691 dent, pursuant to the provisions of S. Con. Res. 28 Honoring Former Senator Marlow Cook: Senate (114th Congress), appointed the following Senators agreed to S. Res. 364, relative to the death of to the Joint Congressional Committee on Inaugural Marlow Cook, former United States Senator for the Ceremonies: Senators McConnell, Blunt, and Schu- Commonwealth of Kentucky. Page S691 mer. Page S691 Measures Considered: Ebinger Nomination—Agreement: A unanimous- Energy Policy Modernization Act: Senate contin- consent-time agreement was reached providing that ued consideration of S. 2012, to provide for the at 5 p.m., on Monday, February 8, 2016, Senate modernization of the energy policy of the United begin consideration of the nomination of Rebecca States, and taking action on the following amend- Goodgame Ebinger, of Iowa, to be United States ments proposed thereto: Pages S637–46, S649 District Judge for the Southern District of Iowa; that Pending: there be 30 minutes for debate on the nomination Murkowski Amendment No. 2953, in the nature equally divided in the usual form; that upon the use or yielding back of time, Senate vote, without inter- of a substitute. Page S637 vening action or debate, on confirmation of the nom- Murkowski (for Cassidy/Markey) Amendment No. ination. Page S650 2954 (to Amendment No. 2953), to provide for cer- tain increases in, and limitations on, the drawdown Nomination Confirmed: Senate confirmed the fol- and sales of the Strategic Petroleum Reserve. lowing nomination: Page S637 1 Army nomination in the rank of general. Murkowski Amendment No. 2963 (to Amend- Page S691 ment No. 2953), to modify a provision relating to Nominations Received: Senate received the fol- bulk-power system reliability impact statements. lowing nominations: Page S637 Patrick A. Burke, of the District of Columbia, to During consideration of this measure today, Senate be United States Marshal for the District of Colum- also took the following action: bia for the term of four years. D104

VerDate Sep 11 2014 03:51 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D04FE6.REC D04FEPT1 SSpencer on DSK4SPTVN1PROD with DIGEST February 4, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D105 Stephanie A. Finley, of Louisiana, to be United INTERMODAL USF SUPPORT FOR RURAL States District Judge for the Western District of AMERICA Louisiana. Committee on Commerce, Science, and Transportation: Sub- Claude J. Kelly III, of Louisiana, to be United committee on Communications, Technology, Innova- States District Judge for the Eastern District of Lou- tion, and the Internet concluded a hearing to exam- isiana. Page S691 ine ensuring intermodal Universal Service Fund sup- Messages from the House: Page S669 port for rural America, after receiving testimony Measures Referred: Page S669 from Darrington Seward, Seward and Son Planting Company, Louise, Mississippi; Steven K. Berry, Executive Reports of Committees: Page S669 Competitive Carriers Association, Washington, D.C.; Additional Cosponsors: Pages S670–71 James G. Carr, All Points Broadband, Ashburn, Vir- Statements on Introduced Bills/Resolutions: ginia, on behalf of the Wireless Internet Service Pro- Pages S671–75 viders Association; Michael Rapelyea, ViaSat, Inc., Arlington, Virginia; and LeRoy T. Carlson, Jr., Additional Statements: Pages S667–69 United States Cellular Corporation, Chicago, Illinois. Amendments Submitted: Pages S675–90 NOMINATIONS Authorities for Committees to Meet: Page S690 Committee on Finance: Committee concluded a hearing Privileges of the Floor: Page S690 to examine the nominations of Mary Katherine Record Votes: Two record votes were taken today. Wakefield, of North Dakota, to be Deputy Secretary (Total—17) Page S646 of Health and Human Services, who was introduced Adjournment: Senate convened at 10 a.m. and ad- by Senators Hoeven, Heitkamp, and former Senator journed, as a further mark of respect to the memory Kent Conrad, Andrew LaMont Eanes, of Kansas, to of the late Senator Marlow Cook, in accordance with be Deputy Commissioner of Social Security, who was S. Res. 364, at 5:47 p.m., until 2 p.m. on Monday, introduced by Senator Roberts, and Elizabeth Ann February 8, 2016. (For Senate’s program, see the re- Copeland, of Texas, who was introduced by Senator marks of the Acting Majority Leader in today’s Cornyn, and Vik Edwin Stoll, of Missouri, both to Record on page S691.) be a Judge of the United States Tax Court, after the nominees testified and answered questions in their Committee Meetings own behalf. NOMINATION (Committees not listed did not meet) Committee on Homeland Security and Governmental Af- BUSINESS MEETING fairs: Committee concluded a hearing to examine the Committee on Armed Services: Committee ordered favor- nomination of Beth F. Cobert, of California, to be ably reported one nomination in the Army. Director of the Office of Personnel Management for a term of four years, after the nominee testified and AFGHANISTAN answered questions in her own behalf. Committee on Armed Services: Committee concluded a hearing to examine the situation in Afghanistan, INTELLIGENCE after receiving testimony from General John F. Select Committee on Intelligence: Committee held closed Campbell, USA, Commander, Resolute Support, and hearings on intelligence matters, receiving testimony Commander, United States Forces—Afghanistan, De- from officials of the intelligence community. partment of Defense. Committee recessed subject to the call.

VerDate Sep 11 2014 03:51 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D04FE6.REC D04FEPT1 SSpencer on DSK4SPTVN1PROD with DIGEST D106 CONGRESSIONAL RECORD — DAILY DIGEST February 4, 2016 House of Representatives Committee Resignation: Read a letter from Rep- Chamber Action resentative Johnson (OH) wherein he resigned from Public Bills and Resolutions Introduced: 27 pub- the Committee on Science, Space, and Technology. lic bills, H.R. 4460–4486; 6 resolutions, H. Res. Page H583 602–607, were introduced. Pages H589–91 Committee Resignation: Read a letter from Rep- Additional Cosponsors: Page H592 resentative Bost wherein he resigned from the Com- Report Filed: A report was filed today as follows: mittee on Small Business. Pages H583–84 H.R. 901, to prohibit accessing pornographic web Committee Resignation: Read a letter from Rep- sites from Federal computers, and for other purposes resentative Blackburn wherein she resigned from the (H. Rept. 114–415). Page H589 Committee on the Budget. Page H584 Speaker: Read a letter from the Speaker wherein he Committee Elections: The House agreed to H. Res. appointed Representative Mooney (WV) to act as 602, electing certain Members to standing commit- Speaker pro tempore for today. Page H569 tees of the House of Representatives. Page H584 Financial Institution Customer Protection Act: Ranking Members of a certain standing com- The House passed H.R. 766, to provide require- mittee of the House of Representatives: The ments for the appropriate Federal banking agencies House agreed to H. Res. 603, ranking Members of when requesting or ordering a depository institution a certain standing committee of the House of Rep- to terminate a specific customer account, and to pro- resentatives. Page H584 vide for additional requirements related to subpoenas issued under the Financial Institutions Reform, Re- READ Act: The House agreed to take from the covery, and Enforcement Act of 1989, by a yea-and Speaker’s table and concur in the Senate amendment vote of 250 yeas to 169 nays, Roll No. 63. to H.R. 3033, to require the President’s annual Pages H570–83 budget request to Congress each year to include a Rejected the Castor (FL) motion to recommit the line item for the Research in Disabilities Education bill to the Committee on Financial Services with in- program of the National Science Foundation and to structions to report the same back to the House require the National Science Foundation to conduct forthwith with an amendment, by a yea-and-nay vote research on dyslexia. Page H584 of 177 yeas to 240 nays, Roll No. 62. Pages H581–82 Meeting Hour: Agreed by unanimous consent that Pursuant to the Rule, an amendment in the na- when the House adjourns today, it adjourn to meet ture of a substitute consisting of the text of Rules at 2 p.m. on Monday, February 8th and that the Committee Print 114–41 shall be considered as an order of the House of January 5, 2016, regarding original bill for the purpose of amendment under the morning-hour debate not apply on that day. five-minute rule. Page H578 Page H587 Agreed to: Senate Message: Message received from the Senate Sherman amendment (No. 1 printed in part B of by the Clerk and subsequently presented to the H. Rept. 114–414) that clarifies that H.R. 766 does House today appear on page 570. not prevent federal banking regulators from request- ing or requiring a financial institution to terminate Quorum Calls—Votes: Two yea-and-nay votes de- a relationship with a customer because (1) the cus- veloped during the proceedings of today and appear tomer poses a threat to national security, (2) is en- on pages H582 and H583. There were no quorum gaged in terrorist financing, (3) is doing business calls. with Iran, North Korea, Syria, or another State Adjournment: The House met at 10 a.m. and ad- Sponsor of Terrorism, or (4) is doing business with journed at 12:54 p.m. an entity in any of those countries; and Pages H578–79 Committee Meetings Gosar amendment (No. 2 printed in part B of H. Rept. 114–414) that requires notice to banking cus- NAVAL STRIKE FIGHTERS: ISSUES AND tomers if a customer account is terminated at the di- CONCERNS rection of federal banking regulators. Pages H579–80 Committee on Armed Services: Subcommittee on Tac- H. Res. 595, the rule providing for consideration tical Air and Land Forces held a hearing entitled of the bills (H.R. 1675) and (H.R. 766) was agreed ‘‘Naval Strike Fighters: Issues and Concerns’’. Testi- to yesterday, February 3rd. mony was heard from Lieutenant General Jon M.

VerDate Sep 11 2014 03:51 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D04FE6.REC D04FEPT1 SSpencer on DSK4SPTVN1PROD with DIGEST February 4, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D107 Davis, USMC, Deputy Commandant of the Marine mony was heard from Janet Woodcock, Director, Corps for Aviation (DC(A)), U.S. Marine Corps; Rear Center for Drug Evaluation and Research, Food and Admiral Michael C. Manazir, USN, Director, Air Drug Administration; Keith Flanagan, Director, Of- Warfare Division (N98), U.S. Navy; and Rear Admi- fice of Generic Drug Policy, Food and Drug Admin- ral Michael T. Moran, USN, Program Executive Of- istration; and public witnesses. ficer Tactical Aircraft, U.S. Navy. A REVIEW OF RECOMMENDATIONS FOR THE CONGRESSIONAL BUDGET OFFICE’S NSF PROJECT MANAGEMENT REFORM BUDGET AND ECONOMIC OUTLOOK Committee on Science, Space, and Technology: Sub- Committee on the Budget: Full Committee held a hear- committee on Research and Technology; and Sub- ing entitled ‘‘The Congressional Budget Office’s committee on Oversight, held a joint hearing enti- Budget and Economic Outlook’’. Testimony was tled ‘‘A Review of Recommendations for NSF heard from Keith Hall, Director, Congressional Project Management Reform’’. Testimony was heard Budget Office. from Richard Buckius, Chief Operating Officer, Na- EXAMINING IMPLEMENTATION OF THE tional Science Foundation; Allison Lerner, Inspector BIOLOGICS PRICE COMPETITION AND General, National Science Foundation; and a public INNOVATION ACT witness. Committee on Energy and Commerce: Subcommittee on BUSINESS MEETING Health held a hearing entitled ‘‘Examining Imple- mentation of the Biologics Price Competition and Committee on Small Business: Full Committee held a Innovation Act’’. Testimony was heard from Sean markup on Views and Estimates on the President’s Cavanaugh, Deputy Administrator and Director of FY 2017 Budget for the Small Business Administra- the Center of Medicare, Centers for Medicare and tion. The Views and Estimates were adopted. Medicaid Services; and Janet Woodcock, Director, BUSINESS MEETING Center for Drug Evaluation and Research, Food and Drug Administration. Permanent Select Committee on Intelligence: Full Com- mittee held a business meeting on consideration of ANOTHER SURGE OF ILLEGAL a Committee Report. The Committee Report was IMMIGRANTS ALONG THE SOUTHWEST adopted. A portion of the meeting was closed. BORDER: IS THIS THE OBAMA ADMINISTRATION’S NEW NORMAL? Committee on the Judiciary: Subcommittee on Immi- Joint Meetings gration and Border Security held a hearing entitled No joint committee meetings were held. ‘‘Another Surge of Illegal Immigrants Along the f Southwest Border: Is this the Obama Administra- tion’s New Normal?’’. Testimony was heard from COMMITTEE MEETINGS FOR MONDAY, Steven McCraw, Director, Texas Department of Pub- FEBRUARY 8, 2016 lic Safety; and public witnesses. (Committee meetings are open unless otherwise indicated) DEVELOPMENTS IN THE PRESCRIPTION Senate DRUG MARKET: OVERSIGHT No meetings/hearings scheduled. Committee on Oversight and Government Reform: Full Committee held a hearing entitled ‘‘Developments in House the Prescription Drug Market: Oversight’’. Testi- No hearings are scheduled.

VerDate Sep 11 2014 03:51 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D04FE6.REC D04FEPT1 SSpencer on DSK4SPTVN1PROD with DIGEST D108 CONGRESSIONAL RECORD — DAILY DIGEST February 4, 2016

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, February 8 2 p.m., Monday, February 8

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: House will meet in Pro Forma morning business (not to extend beyond 5 p.m.), Senate session at 2 p.m. will begin consideration of the nomination of Rebecca Goodgame Ebinger, of Iowa, to be United States District Judge for the Southern District of Iowa, and vote on con- firmation of the nomination at approximately 5:30 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Costello, Ryan A., Pa., E114 Meehan, Patrick, Pa., E114 Courtney, Joe, Conn., E120 Miller, Jeff, Fla., E118 Benishek, Dan, Mich., E117 Duncan, John J., Jr., Tenn., E114 Norton, Eleanor Holmes, The District of Columbia, Bilirakis, Gus M., Fla., E119 Goodlatte, Bob, Va., E119 E121 Bishop, Sanford D., Jr., Ga., E122 Graves, Sam, Mo., E117, E118 Simpson, Michael K., Idaho, E121 Blumenauer, Earl, Ore., E116, E120, E122 Guinta, Frank C., N.H., E114, E116, E116 Sinema, Kyrsten, Ariz., E119 Carter, Earl L. ‘‘Buddy’’, Ga., E116 Himes, James A., Conn., E116 Castro, Joaquin, Tex., E120 Jenkins, Evan H., W.Va., E121 Smith, Christopher H., N.J., E113 Cleaver, Emanuel, Mo., E117 King, Steve, Iowa, E120 Torres, Norma J., Calif., E118 Cohen, Steve, Tenn., E120 Marchant, Kenny, Tex., E115 Vargas, Juan, Calif., E119 Conyers, John, Jr., Mich., E115, E119, E121 McCollum, Betty, Minn., E122 Yoder, Kevin, Kans., E118

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through the U.S. Government Publishing Office, at www.fdsys.gov, free of charge to the user. The information is updated online each day the Congressional Record is published. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202–512–1800, or 866–512–1800 (toll-free). E-Mail, [email protected]. ¶ To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197–9000, or phone orders to 866–512–1800 (toll-free), 202–512–1800 (D.C. area), or fax to 202–512–2104. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Publishing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate Sep 11 2014 03:51 Feb 05, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 0664 Sfmt 0664 E:\CR\FM\D04FE6.REC D04FEPT1 SSpencer on DSK4SPTVN1PROD with DIGEST