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

Vol. 162 WASHINGTON, WEDNESDAY, SEPTEMBER 28, 2016 No. 147 Senate The Senate met at 9:30 a.m. and was Shimon Peres, the ninth President of As a result, we are hopeful that we called to order by the President pro Israel, has passed away at the age of 93. will soon reach an agreement with our tempore (Mr. HATCH). He leaves behind a remarkable legacy Democratic colleagues to move forward f of service on behalf of the people of on the clean CR-Zika package today. It Israel and a lengthy re´sume´ to match. includes important resources to sup- PRAYER The Nobel Peace Prize, the Presi- port our veterans, to combat the Zika The Chaplain, Dr. Barry C. Black, of- dential Medal of Freedom, the Congres- virus and heroin and prescription fered the following prayer: sional Gold Medal—Peres earned them opioid crisis, and to serve as a signifi- Let us pray. all. In fact, I was honored to be a part cant downpayment for flood relief. It Eternal Master, strengthen us so that of the ceremony to award him that also funds all current government oper- we will live blameless lives, doing what Gold Medal just a few short years ago. ations through December 9 at last is right and speaking the truth with His political career is one that spans year’s enacted levels. Let’s keep work- sincere hearts. Forgive us when we lis- nearly seven decades and encompasses ing together to pass it. ten to the cynical angels of our carnal just about every high office imag- f nature, and renew in us a spirit of faith inable: President, Prime Minister, and optimism. peacemaker, revered statesman, and RECOGNITION OF THE MINORITY Empower our Senators to be true to one of the last remaining connections LEADER their duties, making the commitment to the founding of the modern State of to labor with integrity. Lord, instruct The PRESIDING OFFICER. The Israel. This is how the world will re- Democratic leader is recognized. them with Your wisdom, protect them member Shimon Peres, but above all, with Your might, and guide them with we will remember him as the embodi- f Your love. ment of a nation that the United Chase away thoughts that bring dis- States is privileged to call an ally and REMEMBERING SHIMON PERES couragement and fear, as we remember dear friend. Mr. REID. Mr. President, on a codel that nothing is impossible for You. Our thoughts are with his family; that I led, we were going to stop in We pray in Your mighty Name. with our friends, the people of Israel; Israel, and I told all of the Senators Amen. and with the many others around the with me that I wanted to take time f globe who mourn his passing today. while we were there to meet my favor- PLEDGE OF ALLEGIANCE f ite statesman who I had ever met, and that is Shimon Peres. The President pro tempore led the BUSINESS BEFORE THE SENATE As my friend the Republican leader Pledge of Allegiance, as follows: Mr. MCCONNELL. Mr. President, outlined, he has a distinctive re´sume´. I I pledge allegiance to the Flag of the moving on to the business before the will always remember , the United States of America, and to the Repub- Senate today, last week the President Republican leader in the House at the lic for which it stands, one nation under God, vetoed the Justice Against Sponsors of time—I called him and said: Shimon indivisible, with liberty and justice for all. Terrorism Act. At noon today, the Sen- Peres is going to be 90 years old, and it f ate will vote on whether to override his would be wonderful if we could get that RESERVATION OF LEADER TIME veto of that legislation. After this Gold Medal done during the time he is The PRESIDING OFFICER (Mr. vote, Members should be prepared for 90. Eric delivered. It wasn’t easy, but CRUZ). Under the previous order, the votes on the continuing resolution. he delivered, and I will always remem- leadership time is reserved. Our colleagues in the House made ber that. It meant a great deal to this good progress last night on a way for- man who had received so many dif- f ward to help the people of Flint in the ferent awards, but to get the highest RECOGNITION OF THE MAJORITY Water Resources Development Act, or distinction we as Members of Congress LEADER WRDA, which, as we have said, is the can give someone is something he de- The PRESIDING OFFICER. The ma- proper vehicle. The Senate already served. As I have indicated, he is the jority leader is recognized. voted overwhelmingly—95 to 3—to pass most inspirational public servant I f assistance to Flint families as part of have ever encountered. And when we the WRDA bill, and both Chairman met him in Israel, he didn’t let me REMEMBERING SHIMON PERES INHOFE and I have pledged to continue down. He was stunningly visionary, Mr. MCCONNELL. Mr. President, we to pursue resources for Flint once like I had always known him to be. were saddened to learn last night that WRDA goes to conference. What I have said is not hyperbole in

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

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VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A28SE6.000 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6166 CONGRESSIONAL RECORD — SENATE September 28, 2016 any way. I repeat, he was the most vi- spending; this is money that the people structions, McConnell amendment No. 5087, sionary and inspirational leader I have of Michigan have allowed—STABENOW to change the enactment date. ever known. and PETERS—to be given up. It is McConnell amendment No. 5088 (to (the in- Let me repeat some of the accom- Michigan money that is going to be structions) amendment No. 5087), of a per- fecting nature. plishments my friend the Republican used in a different way. The money is McConnell amendment No. 5089 (to amend- leader just outlined. He was the Prime already there. We overwhelmingly sup- ment No. 5088), of a perfecting nature. Minister of Israel twice, Acting Prime ported it. Mr. REID. Mr. President, the Cham- Minister twice, President of Israel, So, as I have said before, we will con- ber is vacant, so I suggest the absence Minister of Defense twice, Minister of tinue to exercise caution moving for- of a quorum. Finance, Minister of Transportation, ward, but I am glad to see that The PRESIDING OFFICER. The and he served in eight other Cabinet progress has been made. If it were up to clerk will call the roll. posts. That is a pretty good record. me, I believe these three nationally de- The legislative clerk proceeded to Shimon Peres was a brilliant man clared emergencies—Louisiana, $2.8 bil- call the roll. who spoke 6 languages and authored 11 lion—what happened in Baton Rouge Mr. BLUMENTHAL. Mr. President, I books. He was the definition of a and other parts of Louisiana was dev- ask unanimous consent that the order statesman. He was a guiding light for astating. There were rainstorms that for the quorum call be rescinded. peace—always for peace. He made even the coast of Louisiana had never The PRESIDING OFFICER (Mr. COT- Israel and the Middle East and the seen before—never seen before. Thou- TON). Without objection, it is so or- world a better place. sands of structures were damaged, and dered. Above all, we should all learn some- hundreds of them were destroyed. I thing from this good man. Here is what think they are entitled to work on fix- f he said, and this is how he lived his ing all of that. We should do as we do JUSTICE AGAINST SPONSORS OF life: with emergencies. TERRORISM ACT—VETO The Presiding Officer is from Texas, Optimists and pessimists die the same way. The PRESIDING OFFICER. Under They just live differently. I prefer to live as and we have stepped forward every the previous order, the Senate will re- an optimist. time there has been an emergency in sume consideration of the veto message Texas and taken care of it, whether it That really says it all. He lived his to accompany S. 2040, which the clerk was an explosion that blew up a facil- entire life as an optimist. From the will report. ity there, whether it was floods. The challenges he and his family faced be- The senior assistant legislative clerk many problems Texas has had over the cause of to his work for read as follows: a lasting peace to secure Israel, he last decade, we have taken care of never wavered in his hope for the them, as we should. Veto message to accompany S. 2040, the Justice Against Sponsors of Terrorism Act. world. He was always looking forward. I think West Virginia, which has an He had some political battles. The emergency declaration of $310 million— The PRESIDING OFFICER. Under leaders of Israel had all been in the that should be taken care of. the previous order, there will now be 2 military fighting. He never served in A much smaller one but a very im- hours of debate equally divided be- the military, but his abilities were so portant one to the people of Mary- tween the leaders or their designees. pronounced that he was able to suc- land—small in proportion to the two I The Senator from Connecticut. ceed, as I have outlined in his re´sume´. just mentioned—that is nationally de- Mr. BLUMENTHAL. Mr. President, I The last time I talked to him, I clared. We should take care of it. am honored to open the debate today called him and I said: One of my prize So I hope we will not continue to on the effort by this body and by the staff members, Jessica Lewis, is com- mourn the fact that these emergencies U.S. Congress to give the loved ones of ing to Israel with her dad, and her fa- occur, these national disasters occur; the victims of terrorism on 9/11 their ther has never been to Israel. I have we have to take care of them. I hope we day in court—simple justice. told them how I feel about you. Is can do that. It would be the right thing Fifteen years ago we stood in horror there any way you could meet them? to do. as our country suffered the worst ter- And he met them. Of course he did. I look forward to continuing to try to rorist attack on the United States in He spent time with them. That is who work something out on the CR. We are the history of our Nation. Nearly 3,000 he was, a person whom I so admired, not there yet, but I hope we can get innocent lives were lost, including he- and he had time for Jessica and her that done expeditiously. roic first responders, firemen, police, dad. Mr. President, I ask that the Chair and beloved honorable men and I join the people of the world in announce the business of the day. women—148 of them from my home mourning the passing of this good, f State of Connecticut. Over these years, kind, and inspirational man. I send my I have watched and listened to them in LEGISLATIVE BRANCH their strength and courage as they deepest condolences to his family and APPROPRIATIONS ACT, 2017 the people of Israel. I am so happy that have tirelessly sought to make this the delegation of people who are going The PRESIDING OFFICER. Under system of justice work in the memory to attend his funeral will be led by the the previous order, the Senate will re- of their loved ones. President of the United States, Barack sume consideration of H.R. 5325, which The terrorists who struck on 9/11 Obama. the clerk will report. tried and failed to destroy that system I will miss Shimon Peres. The world The legislative clerk read as follows: of justice and the ideals of this Nation. will forever miss this good person. A bill (H.R. 5325) making appropriations Our hearts were broken, but our coun- for the Legislative Branch for the fiscal year f try and our ideals were not. ending September 30, 2017, and for other pur- Over the past 15 years, I have been poses. FUNDING FOR FLINT, MICHIGAN honored to work with those families. Mr. REID. Mr. President, I am happy Pending: Today gives us the opportunity to to see the progress that has been made McConnell (for Cochran) amendment No. move forward with legislation, despite in the House of Representatives with 5082, in the nature of a substitute. the President’s veto. McConnell amendment No. 5083 (to amend- respect to Flint, MI. This is a step in ment No. 5082), to change the enactment I deeply respect the President and the right direction toward advancing date. the reasons that he has given for funding for the people of Flint in the McConnell amendment No. 5084 (to amend- vetoing the Justice Against Sponsors lameduck. However, I do have some ment No. 5083), of a perfecting nature. of Terrorism Act, but I urge my col- concern. The statement of my Repub- McConnell amendment No. 5085 (to the lan- leagues to move swiftly and soundly to lican colleague, the leader of the Sen- guage proposed to be stricken by amendment reverse this veto so these families can No. 5082), to change the enactment date. ate, was that he and Senator INHOFE McConnell amendment No. 5086 (to amend- have their day in court. That is what would work toward funding. This ment No. 5085), of a perfecting nature. the legal system of this country is de- should be easy. Why can’t they just say McConnell motion to commit the bill to signed to do. It is the system where I they will do it? This is not deficit the Committee on Appropriations, with in- spent my career before the Senate

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.002 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6167 working to ensure accountability for I know questions have been raised tion that these tanks fit certain speci- wrongdoers and the restoration of vic- about potential retaliation or reprisal fications. If a retailer couldn’t produce tims’ rights—promises to citizens that against members of our military or that paperwork, then he or she would are made by our Constitution that citizens in other countries. This Nation be required to purchase an entirely new there will be a neutral and fair forum should stand firm and strong against tank. These tanks are expensive. The to determine their claims. terrorist violence. We have nothing to starting price is in the neighborhood of These families will never get their fear as long as we do not engage in sup- $70,000. Furthermore, anhydrous am- loved ones back, but they deserve jus- porting or sponsoring the kind of vio- monia tanks vary in size from State to tice and a day in court. That is why lence that occurred on 9/11 here. We State, and several tank manufacturers today we will, I hope, override the must trust that our government would are no longer in business. OSHA’s unre- President’s veto. never be responsible for that kind of alistic expectations made it impossible Fifteen years after that tragedy we aiding and abetting of deliberate kill- for these retailers and producers to ob- are still learning facts, but there is ing of innocent civilians, the purpose- tain the needed paperwork, which mounting evidence that the Saudi Gov- ful massacre of people who are inno- meant that these retailers would have ernment—or at least organizations and cent. been forced to purchase those pricey operatives within the Saudi Govern- I am honored to begin this debate. I new tanks, even though their old ones ment—aided and abetted one of the hope it will be closed in a way that vin- worked just fine. Understandably, this most massive crimes in the United dicates the rights as well as the inter- became a major headache for retailers States. In our system, the truth behind ests of our country. I am proud to join and producers. those facts deserves to be presented in colleagues on both sides of the aisle. For example, in my home State of a court—a court of law where fairness This measure has been bipartisan from Nebraska, Central Valley Ag Coopera- and justice will be assured. This meas- the start. tive, which is located in York, antici- ure does not prejudge a verdict or issue I particularly thank my colleagues pated compliance costs of $5.6 million. a judgment. It gives both sides a fair Senator SCHUMER and Senator CORNYN This includes an additional $100,000 of day in court. for their leadership. I believe a bill ongoing compliance costs every year. If the Saudi Government had no in- unanimously passed by both houses of volvement in 9/11, it has nothing to In Elmwood, NE, Midwest Farmers Co- Congress, strongly supported by both operative estimated producers would fear. But if it was culpable, it should be sides of the aisle, deserves to become held accountable. That is the basic spend $20 to $28 more per acre when ap- law. I trust and believe it will today. plying fertilizer to their fields. Given principle of this measure. Mr. President, I yield the floor. When all is said and done, the Justice I suggest the absence of a quorum. the current state of the farm economy, Against Sponsors of Terrorism Act The PRESIDING OFFICER. Will the these increased costs would have been simply closes a loophole that was cre- Senator withhold? devastating. They would have forced ated by the courts, contrary to the in- Mr. BLUMENTHAL. Yes. many farmers to leave the industry al- tent of this body. That loophole, in ef- Mrs. FISCHER. Mr. President, I ask together. fect, permits foreign governments to unanimous consent that the order for That would be heartbreaking enough, aid and abet crimes against the citi- the quorum call be rescinded. but there was another, even more trou- zens of this country as long as its aid- The PRESIDING OFFICER. The Sen- bling aspect to OSHA’s standard. They ing and abetting occurred outside of ate is not in a quorum call. never put it through the required pub- our borders. Think of it as a missile The Senator is recognized. lic notice and comment process. OSHA launched from another country by ter- OSHA AND ANHYDROUS AMMONIA STORAGE is required by law to conduct this proc- rorists with the support and assistance Mrs. FISCHER. Mr. President, I rise ess, as are most Federal agencies, of that foreign government. That for- today to address a recent ruling from whenever they issue a new regulation eign government can evade any and all the U.S. Court of Appeals for the DC or standard. The public notice-and- responsibility simply because the mis- Circuit. Last week, the court issued a comment period is a built-in safeguard. sile was launched outside our borders. ruling that was a victory for America’s It allows those who would be affected Similarly, the missile of terrorism can ag producers and a rebuke to Wash- by a proposed regulation to have their be launched outside our borders and ington regulators. Specifically, the voices heard, and, ideally, the govern- the foreign government, including court ruled the Occupational Safety ment would listen to their voices. But , is able to evade all re- and Health Administration, or OSHA, OSHA didn’t follow the rules. They did sponsibility under the decision made violated the law when it imposed new not listen. They didn’t even try to lis- by the Second Circuit Court of Appeals limits on anhydrous ammonia storage. ten. They said their new policy was ef- in New York, which created that loop- I realize many of my colleagues may fective immediately. That was unac- hole. So that foreign government can not be familiar with anhydrous ammo- ceptable to me. give terrorists bags of money and tons nia. But for those of us who make our In response, this summer I intro- of explosives to carry out murder with- living from the land, it is the most duced bipartisan legislation with Sen- in our borders, as long as it does so cost-effective and commonly used fer- ator HEIDI HEITKAMP known as the outside our borders. That is wrong. tilizer in production . Anhy- FARM Act. We offered this legislation The principle here is broader and big- drous ammonia is an essential input to provide relief to farmers and force ger than Saudi Arabia or even the 9/11 for ag producers in Nebraska and all OSHA to follow the law. victims. It is about simple justice. Our across this country. It allows them to Last week, the U.S. Court of Appeals law should recognize the reality that produce more food while using less for the DC Circuit reinforced this legis- global crimes can be sponsored and land, less water, and, yes, less fer- lation by forcing OSHA to vacate their supported outside our borders and in- tilizer. illegal and harmful standard. With this flict grave harm, including murder, on Producers receive anhydrous ammo- ruling, an important precedent has the citizens of our country within our nia from retail facilities. In Nebraska, been set. The court made it clear: borders. these facilities are primarily farmer- OSHA improperly expanded the scope, This loophole will be closed by this owned cooperatives, found in more complexity, and costs of regulation on measure for the benefit of not only the than 400 locations across the State. ag facilities that handle anhydrous am- 9/11 victims but also potential victims These facilities store anhydrous ammo- monia. By disrupting the supply of a in the future. It will send a message nia in tanks on their property, and vital fertilizer, OSHA would have dis- and deter violent crime in this country since 1992, these tanks have been ex- rupted farming operations. Worse, they aided and abetted by foreign govern- empt from certain OSHA regulations. would have harmed farmers’ ability to ments in the future. It will deter that But in 2015, OSHA issued a new stand- do their jobs and also to provide for kind of violence through an ideal and a ard affecting these retail fertilizer fa- their families. tradition that is uniquely American. It cilities, and they did so illegally, with- I am relieved that the courts came in is a system of justice that imposes ac- out public notice or industry input. and upheld the rule of law. America’s countability and makes sure that ev- OSHA’s new standard would have re- ag producers will now face one less erybody has a fair day in court. quired retailers to provide documenta- hardship. They can focus on feeding the

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.003 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6168 CONGRESSIONAL RECORD — SENATE September 28, 2016 world and providing for their own fami- JASTA would clarify that sponsoring ernments, not individuals. He would lies. an act of terrorism in America is added also know it contains a specific exemp- At the same time, I remain appalled to that list. If we allowed lawsuits tion for our Armed Forces. that OSHA would so brazenly disregard against foreign governments for bar Finally, JASTA is not a sweeping the law in the first place. This is an- fights, contract breaches, drunk driv- legislative overhaul that dramatically other example of why the American ing, then we should allow the victims alters international law. It is an exten- people don’t trust the Federal Govern- of a terrorist attack on our soil the op- sion of law that has been on the books ment. Honestly, I don’t blame them. portunity for their day in court as since 1976. Once again, there are nu- When the Federal Government doesn’t well. This is an important piece of leg- merous exceptions that prevent foreign follow its own law, it destroys public islation, and it is straightforward. governments from shielding them- trust. Out-of-control agencies, like That is why I believe we got the unani- selves from litigation when they cause OSHA, which do not follow the law mous support in both bodies that we harm. need to be stopped when their overly have. The President has also complained burdensome regulations hurt Ameri- I want to make clear, though, that this applies to conduct committed cans. this has not been a quick process. This abroad, but today and for 40 years our Let the American people do their legislation has been pending since 2009, law has been replete with immunity ex- jobs. Let them raise their families, and we have worked through a number ceptions that apply to conduct com- earn their living, and pursue their life’s of Members’ concerns they have ex- mitted abroad. This bill just adds an- purpose. When the bureaucracy fails to pressed along the way in order to mod- other exception. do this, it is the responsibility of Mem- ify the legislation and build the con- At the end of the day, this vote is bers of Congress to step in. I am glad sensus we now have achieved. There about doing what is right for the Amer- that I have done so. have been many different drafts and ican people. Some of our colleagues Mr. President, I yield the floor. feedback from Members, a lot of con- have expressed concerns about how it might be interpreted by some of our al- Mr. President, I ask unanimous con- sultations with family members who lies, but the fact is, this legislation sent that all time spent in a quorum have been affected, and a lot has gone does not mention any particular coun- call before the vote on the veto mes- into this legislation. That means this try. All it does is it carves out an ex- sage to accompany S. 2040 be charged bill has been negotiated and hammered ception to this notion of sovereign im- equally against each side. out over a long period of time, and that munity for conduct committed in a ter- The PRESIDING OFFICER. Without is the reason we were able to garner objection, it is so ordered. rorist attack on American soil. such strong support from both bodies The whole idea of sovereign immu- Mr. President, I suggest the absence to get the bill passed. nity comes from England and our of a quorum. Last Friday, the President chose to Anglo-American inheritance in our The PRESIDING OFFICER. The ignore the voices of American ter- law. The notion is that the King in clerk will call the roll. rorism victims by vetoing this legisla- England could do no wrong so you The senior assistant legislative clerk tion. Fortunately, today this Chamber couldn’t sue the government, but we proceeded to call the roll. will have a choice and have a chance to have recognized the injustice that Mr. CORNYN. Mr. President, I ask exercise our constitutional prerogative would cause, even in our own country, unanimous consent that the order for under article I, section 7 of the Con- when Congress has passed numerous the quorum call be rescinded. stitution. We will have a chance to act exceptions under which the U.S. Gov- The PRESIDING OFFICER. Without as a check on President Obama to over- ernment can be sued in our own court, objection, it is so ordered. ride his veto. Mr. CORNYN. Mr. President, as the recognizing that equal justice under I have read President Obama’s veto the law does not create a situation Senate knows, today we are consid- message, and it is not persuasive. That where it should not tolerate a situation ering the President’s misguided deci- is because it described a bill that where the government was simply im- sion to veto a piece of legislation that doesn’t exist and misrepresents the mune from litigation and paying its passed this body unanimously by unan- state of the law. He cites concerns that fair compensation in individual law- imous consent and likewise passed the the bill would ‘‘create complications’’ suits. House of Representatives with no dis- with some of our close partners. The This legislation is about pursuing senting votes. truth is, JASTA only targets foreign justice and the legal process it con- In our polarized politics of today, governments that sponsor terrorist at- tinues to serve as a foundation to our this is pretty much a close-to-miracu- tacks on American soil, plain and sim- Republic. At its core, this bill is about lous occurrence because Democrats and ple. I don’t know how that would cre- respecting the voices and the rights of Republicans, Senators and House Mem- ate complications with some of our American victims. I believe we have bers, have all agreed the Justice close partners. many important allies around the Against Sponsors of Terrorism Act, The financing of terrorism in the world with whom our interests are which gives the victims of a terrorist United States is not behavior we aligned, but when our interests di- attack on our own soil an opportunity should tolerate from any nation, allies verge, and it is a question of protecting to seek the justice they deserve—all of included. How can anyone look the American rights and American values, us have come together and agreed this families in the eye and tell them they I think we should always do that rath- is appropriate and the right thing to shouldn’t have the opportunity to seek er than somehow subjugate those do. justice against a foreign government rights and values to the interests of At a time when international ter- responsible for the death of their loved some foreign government. rorism is spreading, FBI Director one? This is not about severing our rela- Comey yesterday warned of a terrorist The President has claimed this legis- tionship with any ally. This is simply a diaspora. The Justice Against Sponsors lation would result in a flood of law- matter of justice. This is about re- of Terrorism Act will send a strong suits against Americans by foreign specting the voices and the rights of message that those who sponsor ter- governments. What the President ig- the American victims. At about noon rorist attacks on American soil, in- nores is that we are already being sued today, this Chamber should vote over- cluding foreign governments, will an- by foreign nations under the current whelmingly to override President swer to those victims and pay for the state of the law, but a law like JASTA Obama’s veto of the Justice Against death and destruction they cause. applied reciprocally will open no such Sponsors of Terrorism Act because the Current law already allows for Amer- floodgates. families have already suffered too ican victims to sue foreign govern- The President even had the audacity much. They have already suffered un- ments for many different offenses com- to claim this legislation might lead to told tragedy, and they deserve to find a mitted by their employees—commer- lawsuits against members of the mili- path to closure that only justice can cial wrongs, assault, drunk driving, tary, but had he read the plain text of provide. , human trafficking, among others. the bill, he would know this bill only I, like many of my colleagues, have That is already part of existing law. allows for lawsuits against foreign gov- had a chance to meet with a number of

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.004 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6169 the families of the victims of 9/11. ing for help, they deserve help, and I sage. I share the President’s view about Their stories are heartbreaking, and I am very happy that it is going to come. the importance of upholding sovereign know none of us will forget where we The people there deserve relief. What is immunity to the extent that we can were on that fateful day. Our country going on there has been wrong, but now and to the extent that it makes sense, has changed undeniably, but for these I feel very comfortable in being able to but the principles of sovereign immu- families, that day and each day serve say that the people of Flint, MI, will nity were put in place at a time when as a tragic reminder of deep, personal get help. I have had conversations with acts of international terrorism were loss. people who have been given the assur- not as common. Exceptions to sov- One of these family members whom I ance by the Republican leadership that ereign immunity have grown over time have had the chance to get to know is something will happen in the lame- as times have changed. In today’s Marge Mathers, who now calls Texas duck. We have been waiting a long world, it is my view that we must home. Marge’s husband Charles worked time to get this done, and it is going to make sure that the international com- on the 99th floor of the North Tower of happen. munity understands that there is a the World Trade Center. She says she As I indicated a minute ago, I have clear distinction between those who op- turned on the television that fateful had a number of conversations with pose terrorism and those who sponsor day and watched in horror as the tower Leader PELOSI this morning, and she— terrorism. Those who commit or sup- in which Charles was working col- I never want to say what someone said, port terrorist acts in the United States lapsed. but I can say that I felt comfortable, should face the full weight of our jus- Marge moved to Texas soon after after speaking with her, that the House tice system. September 11, but her grieving—and feels comfortable with where they are JASTA’s intended purpose is to cre- our Nation’s grieving—continues and of on Flint, and we feel comfortable here ate a tort exception that allows vic- course will never completely end. Long in the Senate. tims and their families to seek justice ago, I pledged to Marge and to other I really appreciate the hard work of for acts of international terrorism in families I have met that I would do my Senator STABENOW and Senator PETERS the United States that are caused by very level best to help them right this because they have been tireless, relent- terrorist torts of a foreign state or its wrong and to provide them an oppor- less to make sure the people of Flint, officials. Terrorism victims and their tunity to make their case in a court of MI, get some help. families in the United States should be law. So we will fix this law by extend- I think it should be a good day for able to have their day in court. We can- ing this 1976 provision, the Foreign the Senate. It should lead to our being not, in good conscience, close the Sovereign Immunities Act, to allow the able to move forward on the continuing courthouse door to those families who families and the victims of the 9/11 resolution. There are a couple of out- suffered unimaginable losses. tragedy to seek justice in a court of standing issues, but I think they I have confidence in the American ju- law in an American court. should be able to be resolved. risprudence system and that we will These families should have the right I yield the floor. get this right in order to respect the to make their case. These families Mr. BLUMENTHAL. Mr. President, I lawful acts of governments but also to should have the freedom to have their suggest the absence of a quorum. hold those who sponsor terrorism ac- day in court, to have a judge hear their The PRESIDING OFFICER. The countable under our system of justice. case, and to hold accountable those clerk will call the roll. The legislation restricts the applica- who played a role in their suffering. The legislative clerk proceeded to tion of this exception. It only applies That is what this legislation is all call the roll. to acts of terrorism on U.S. soil. It es- about, providing them the freedom to Mr. CARDIN. Mr. President, I ask tablishes a standard that is greater do so. unanimous consent that the order for than negligence in order to be able to The families of the 9/11 terrorist at- the quorum call be rescinded. have an actionable claim. There is an tacks that occurred in the United The PRESIDING OFFICER. Without ability for the government to stay the States have waited a long time, and I objection, it is so ordered. proceedings to negotiate a settlement. am hopeful they will not have to wait Mr. CARDIN. Mr. President, I take So the U.S. Government can intercede. any longer for the opportunity to pur- this time to speak about the Justice I think these exceptions were put in sue justice. I hope every Member of Against Sponsors of Terrorism Act, and negotiated in order to try to deal this body will join me in supporting better known as JASTA. with some of the legitimate concerns this bill one more time and we will I am going to support the veto over- that were initially raised. vote to override the President’s veto ride, but it is not without concern for As ranking member of the Senate and further the cause of justice for the potential unintended consequences. Foreign Relations Committee, I recog- these victims. I have come to the conclusion that the nize that there are risk factors in Mr. President, I yield the floor. risk of shielding the perpetrators of terms of how other countries may re- I suggest the absence of a quorum. terrorism from justice outweighs the spond to the enactment of JASTA. As a The PRESIDING OFFICER. The risks on how other countries might re- nation with hundreds of thousands of clerk will call the roll. spond to and perhaps compromise U.S. troops that serve abroad, not to men- The senior assistant legislative clerk interests. tion multiple foreign bases and facili- proceeded to call the roll. Fifteen years have passed since the ties, the United States of America is a Mr. REID. Mr. President, I ask unan- September 11, 2001, terrorist attacks, country that benefits from sovereign imous consent that the order for the but in my home State of Maryland and immunity principles that protect our quorum call be rescinded. across the country, the pain caused by country and our country’s interests, its The PRESIDING OFFICER (Mr. SUL- the events of that terrible day is still Armed Forces, government officials, LIVAN). Without objection, it is so or- very real. The 9/11 attacks were a na- and litigation in foreign courts. There- dered. tional tragedy for the United States, fore, there is a concern of unintended FUNDING FOR FLINT, MICHIGAN but we were personally devastated for consequences, including irresponsible Mr. REID. Mr. President, I come to fathers, mothers, husbands, wives, and applications to U.S. international ac- the floor today to give the people of children in Maryland and throughout tivities by other countries. Flint, MI, the assurance that they are the country. The 9/11 victims and their While I have faith and confidence in going to get some help after more than families deserve meaningful relief, and the American legal system, the same a year. I have had an opportunity to I cannot support putting obstacles in faith does not necessarily extend to the meet with Senator STABENOW. I talked the way of victims of terrorism seeking fairness of legal systems of other coun- with her a number of times this morn- justice. tries that may claim they are taking ing. I have had occasion to visit with I understand that this legislation similar actions against America when the majority leader, and I have spoken may have an effect on long-held sov- they are not. So we need to follow with Leader PELOSI. I am convinced ereign immunity principles, and I share closely how other countries respond that there is going to be help for Flint some of those concerns that the Presi- and try to mitigate the risks of the in the lameduck. They have been wait- dent has articulated in his veto mes- United States abroad.

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.006 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6170 CONGRESSIONAL RECORD — SENATE September 28, 2016 In my role as the ranking member of task. We have some very conservative time the does the Foreign Relations Committee, I in- members, as well as some very liberal something you don’t like. tend to do just that. I will seek to work members. Getting all of those members We absolutely cannot be intimidated with my colleagues to try to mitigate on board with this important legisla- or bend to that type of threat. That these risks, and I similarly support the tion is a testament to just how broad would send a terrible message to the efforts of the State Department and its support really is. rest of the world. Department of Defense to mitigate any I moved this legislation out of our So, it is unfortunate President risks to our diplomacy, assets, and committee unanimously in February, Obama vetoed this important legisla- troops abroad that may be caused by and then the full Senate passed it tion and that we now need to have this the enactment of JASTA. unanimously in May. The House fol- vote. I intend to explore with my col- lowed suit and passed it in September. But, it is my hope and expectation leagues the possibility of whether we Like the Senate, the House passed the that the Senate—and the House—will need or will need additional legislative legislation unanimously. stand with the 9/11 victims and their action. Such additional legislation That is how this legislation arrived families, and stand up to the President, would allow justice for family members on the President’s desk. It was sent to the Saudis, and their army of lobby- of the victims of the 9/11 attack while him with unanimous support in both ists. ameliorating some of the potential ad- the Senate and House, from Repub- I yield the floor. verse consequences of JASTA. licans and Democrats, conservatives Mrs. FEINSTEIN. Mr. President, the Near my Baltimore office in the and liberals. decision whether to override the Presi- Inner Harbor of Maryland, there has But it has run into some opposition. dent’s veto of the Justice Against been created a memorial to the victims Of course, it is not opposed by the vic- Sponsors of Terrorism Act has been a of the 9/11 attacks. Inspired by an arti- tims of 9/11 and their families. They difficult one. fact of the New York World Trade Cen- aren’t asking for legislation that tips Every Member of this body has vivid ter, the memorial consists of three 22- the scales in their favor. All they want memories of September 11: the fires foot-long twisted and torn amal- is the opportunity to present their case raging in the towers, smoke billowing gamated steel columns from the Twin in a court of law. And that is what this from the Pentagon, a plane destined for Towers. The memorial provides a place legislation would give them. the Capitol, but taken down by brave for contemplation and a site to remem- The legislation has run into opposi- Americans—the sense that this Nation ber and reflect upon the events of Sep- tion because it is opposed by Saudi would never be the same. tember 11, 2001, while paying tribute to Arabia, who has been making threats I strongly support the ability of the 69 Marylanders who lost their lives against the United States about what Americans who are victims of ter- that day. Each year on September 11, it might do if Congress stands with the rorism on U.S. soil to receive com- Baltimore’s World Trade Center will American people and 9/11 victims and pensation and their fair measure of jus- act as a sundial to mark the chrono- their families, instead of the Saudis. tice. That, at its core, is the goal of logical inscriptions of the events of Now, according to press reports, the this bill. that tragic day. Today we hold close in Saudis have gone out and hired an I have met with the families. I know our hearts and prayers those Maryland- army of lobbyists to work furiously in many of those killed or injured in the ers who died on that day, as well as the a last-minute attempt to derail it. attacks were not only the bread- families and friends whose lives have So on what exactly has the White winners in their families, but also been altered forever. House and Saudi Arabia based its oppo- mothers, fathers, sisters, brothers, There are no actions we can take to sition? cousins and friends. I know the fami- sufficiently heal the pain and suffering They have made a lot of claims, but lies’ deep and abiding sense of grief is so many thousands of Americans carry the one you hear most often is that if just as intense today as it was 15 years with them 15 years after that fateful the United States stands with the 9/11 ago. September day, but our constituents victims on this legislation and provides This bill has elements that are very and fellow citizens are asking for a them the opportunity to make their strong and have my unqualified sup- path to justice. This legislation creates case in court, then other countries port. For example, it expands the that path, and having weighed both could try to haul U.S. soldiers and Antiterrorism Act to allow victims to sides carefully, I am compelled to up- other personnel into their courts. hold accountable individuals who aid hold it. But what this claim ignores, of and abet or conspire to commit ter- With that, I yield the floor. course, is that JASTA does not allow rorist attacks. The PRESIDING OFFICER. The Sen- lawsuits against individuals, only for- I have decided to support the bill ator from Iowa. eign governments, JASTA expressly today, but continue to be concerned Mr. GRASSLEY. Mr. President, last prohibits lawsuits arising from ‘‘acts of about unintended consequences that Friday, President Obama vetoed the war.’’ So any claim by the President may require Congress to revisit this Justice Against Sponsors of Terrorism that this is all about protecting U.S. bill in the future. Act, JASTA. Given the overwhelming, personnel from being hauled into for- My key concern relates to the excep- bipartisan support this legislation en- eign courts just doesn’t hold water. tion to the immunity of foreign gov- joys in both the Senate and the House, The second most common argument ernments. Proponents of this bill argue I was surprised and hence very dis- some are making is that if Congress that the exception is narrow, that it appointed the President disregarded stands up to the President, the Saudis applies only if a foreign nation, with ill the will of the People and chose this and their lobbyists, and this legislation intent, takes unlawful actions that course of action. He chose to use his becomes law, then the Saudis will re- cause an act of terrorism on our soil. veto pen, but today it is my hope and spond by pulling their money out of But other nations that are strongly expectation that the Senate will exer- U.S. securities. Well, let’s set aside the opposed to American actions abroad cise its constitutional authority to fact that this appears to be an empty could respond by using the bill as an override that veto. threat. It is highly unlikely that they excuse to adopt laws that target our This legislation has been a truly bi- would follow through on it. But even if own government’s actions. partisan effort since the day it was in- they did, there would be plenty of buy- A September 15 Washington Post edi- troduced. I joined Senators CORNYN and ers for those securities. But more im- torial said it well: ‘‘It is not a far- SCHUMER as an original cosponsor last portantly, is this really how we should fetched concern, given this country’s year. be deciding policy? What kind of mes- global use of intelligence agents, Spe- Our bill is sponsored by 16 members sage would that send to other foreign cial Operations forces and drones, all of of the Senate Judiciary Committee. governments? which could be construed as state-spon- And if you know anything about the The message would be clear: if you sored ‘terrorism’ when convenient.’’ Judiciary Committee, you know that want to influence U.S. legislation, Those of us on the Senate Intel- getting 16 members of our committee make sure to buy up U.S. debt, and ligence Committee know that, if other to agree on any legislation is no small then threaten to sell that debt any countries respond to JASTA in this

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.008 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6171 manner, it could jeopardize our govern- through the unanimous consent proc- On balance, I think this bill has prob- ment’s actions abroad. If that happens, ess and no one objected. No one ob- lems. I think we will be dealing with it is likely that our government would jected. No doubt that registered our overcoming this over time, and I know be forced to defend against private law- ‘‘yes’’ votes, if you will, without a numbers of us have joined together to suits, which could pose a threat to our record on this piece of legislation. express that, but I do think that to be national security. Yesterday I brought my niece and consistent and to give the victims who I had hoped some agreement could be nephew to this building before it have lost so much an opportunity to reached to narrow the bill’s scope to opened, and I told them about the fact express themselves in this way is the limit those unintended consequences, that there is a place in the back here appropriate thing to do at this time. such as by limiting the bill to the Sep- that from time to time I have gone to I have read the concerns that have tember 11 attacks. pray before a big vote, and how in re- been expressed by the head of our Joint I believe the threat of unintended cent times there haven’t been many Chiefs. I read the letter that came over consequences is real and must be miti- votes that have been that decisive or from the President. Certainly, there gated. To that end I have signed a let- that have weighed on me as much as are significant and important points to ter with several of my colleagues who this vote today. Today is one of those have been made. As a matter of fact, 6 feel as I do that this issue will have to votes. months ago those points might have be revisited. I have tremendous concerns about led us to a slightly different place I intend to work with my colleagues the sovereign immunity procedures today. on a bill that would limit this bill to that could be set in place by other So with tremendous reservations and the 9/11 attacks, which were singularly countries as a result of this vote. I do. concerns about where this legislation devastating to our country. In addi- For that reason, I have circulated a is going to lead us, with tremendous tion, I intend to look into whether we letter that lays out those concerns, and empathy toward the victims—who have should limit the bill to apply only to numbers of people within this body lived through so much, have seen loved those directly impacted by an attack— have signed that letter. They have said ones gone, it has affected their lives including individuals, their estates and we feel there could be in fact unin- and will affect their lives for the long property damage, rather than compa- tended consequences as a result of term—I am going to support passage of nies with only tangential connections. what we know is going to happen this legislation today, but I do so un- Mr. GRASSLEY. I suggest the ab- today. derstanding that there could be in fact I have seen our country’s standing in sence of a quorum. unintended consequences that work the world be eroded over the course of The PRESIDING OFFICER. The against our national interests, and the last several years. I know there is clerk will call the roll. with a determination—should that The legislative clerk proceeded to debate over that. In my opinion, I have occur—to work with others within this call the roll. seen our standing erode. I am con- body to try to overcome that. Mr. CORKER. Mr. President, I ask cerned about the consequences that Mr. President, I ask unanimous con- unanimous consent that the order for over time this vote will have on that. sent that a bipartisan letter to Sen- the quorum call be rescinded. At the same time, I believe the victims ators CORNYN and SCHUMER regarding The PRESIDING OFFICER. Without of 9/11 do deserve an outlet, a way, S. 2040, the Justice Against Sponsors of objection, it is so ordered. themselves, of seeking justice in this Terrorism Act, from myself and Sen- Mr. CORKER. Mr. President, over the particular case. ators CARDIN, GRAHAM, FEINSTEIN, This, to me, is not about Saudi Ara- course of the last several days, I have ALEXANDER, WARNER, ROUNDS, REED, bia, it is about us, and I don’t think the met with the victims of 9/11 and, like ROBERTS, COONS, FLAKE, UDALL, COATS, Senate has yet gotten it right as it re- many people in this body have, I don’t NELSON, THUNE, SHAHEEN, KING, CAR- lates to the best way for the 9/11 vic- think I have ever met a more gracious, PER, COTTON, MCCASKILL, SULLIVAN, tims to seek that justice. I know this genuine, sincere group of people. I MERKLEY, RISCH, SCHATZ, MCCAIN, bill provides them a way for that to know they have sought some way of ex- HEITKAMP, HIRONO, and BENNET be occur. I don’t think it is perfect. I pressing their desire to seek justice in printed in the RECORD. think a better way might have been to what happened on 9/11. We all have con- There being no objection, the mate- establish some type of tribunal, where stituents who come up and meet with rial was ordered to be printed in the experts could come in and really iden- RECORD, as follows: us. These people certainly have not tify what actually happened on discre- been from the State of , but SEPTEMBER 28, 2016. tionary decisions that took place with- Hon. , I have to say, they have presented in the country of Saudi Arabia. their case in a way that is most heart- U.S. Senate, We make decisions around here that Washington, DC. felt, and I have tremendous empathy we believe are to be in our national in- Hon. CHARLES E. SCHUMER, for all they and their families have terests. I have had tremendous dif- U.S. Senate, gone through. Yesterday, on the way ficulty with this one. That is the rea- Washington, DC. outside the building, a gentleman came son we have generated a letter of con- DEAR SENATORS CORNYN AND SCHUMER: We up to me, recognized me, and told me cern to the two sponsors of this bill are writing regarding the anticipated over- ride of the president’s veto of S. 2040, the about sitting in his home and seeing who have handled this in the manner the planes go overhead, seeing them Justice Against Sponsors of Terrorism Act they have. They have done an exem- (JASTA). kill his wife. He talked to me about the plary job. To me, the Senate has not We appreciate the efforts that you have conversation he had with the FBI functioned quite in the manner that it undertaken to allow the families who lost agent, whom they have now gotten to should, nor has the House, and I think loved ones on September 11, 2001 to have ad- know, about what had happened. we end up today with an imperfect so- ditional recourse. Senator SCHUMER and Senator COR- lution. We have a great deal of compassion for the NYN have done a remarkable job in I have concerns about this legislation families and respect their desire for justice. shepherding through this piece of legis- We understand your purpose in drafting this not having a waiver. I have concerns legislation is to remove obstacles so those lation. I give them tremendous credit about the fact that over time, if this who commit or support terrorist acts in the for what they have done. I do want to continues to build upon itself, we as a United States face the full range of con- say, I don’t think the Senate nor House body—a body that, to me, could use sequences of the U.S. legal system. However, has functioned in an appropriate man- some great strengthening. To me, we concerns have been raised regarding poten- ner as it relates to a very important have a body that is in the process of tial unintended consequences that may re- piece of legislation. We have had no building itself back to the place it sult from this legislation for the national se- hearings in the U.S. Senate this Con- ought to be, and we have done that curity and foreign policy of the United gress, and we have had no vote—no States. If other nations respond to this bill over the last couple of years. Let’s face by weakening U.S. sovereign immunity pro- vote whatsoever—of record on this it. The institution of the United States tections, then the United States could face piece of legislation. As a matter of Senate itself has diminished over time, private lawsuits in foreign courts as a result fact, today will be the first vote. There and we have work to do to overcome of important military or intelligence activi- is no doubt by fact that we went that. ties.

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A28SE6.023 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6172 CONGRESSIONAL RECORD — SENATE September 28, 2016 We would hope to work with you in a con- For the sake of these families, it Not true; JASTA simply builds on well-es- structive manner to appropriately mitigate should be made clear—beyond a shadow tablished principles under FSIA. those unintended consequences. of a doubt—that every entity, includ- It returns the law to the way it was before Sincerely, ing foreign states, will be held account- a 2008 court case that granted sovereign im- Bob Corker (R–TN), (D–MD), munity even in terrorism cases where citi- (R–SC), Dianne Fein- able if they are sponsors of heinous zens are murdered on U.S. soil. In the dec- stein (D–CA), (R–TN), acts like 9/11. It is very simple. If the ades before this, there was no flood of law- (D–VA), Mike Rounds (R– Saudis were culpable, they should be suits against U.S. interests. SD), Jack Reed (D–RI), Pat Roberts (R– held accountable. If they had nothing Consistent with FSIA, as designed by Con- KS), Chris Coons (D–DE), to do with 9/11, they have nothing to gress, victims can sue a foreign government (R–AZ), Tom Udall (D–NM), Dan Coats fear. if one of its employees causes damage arising (R–IN), Bill Nelson (D–FL). I might add, the families are not sim- from drunken driving, assault or breach of John Thune (R–SD), Jeanne Shaheen (D– ply seeking justice for themselves. contract. If U.S. victims can sue a foreign NH), Angus King (I–ME), Tom Carper government for these reasons, they should be (D–DE), (R–AR), Claire They want to make sure Saudi Arabia able to sue a foreign government that harms McCaskill (D–MO), Dan Sullivan (R– or any other country in the future their loved ones by financing a terror attack AK), Jeff Merkley (D–OR), knows they will pay the consequences on our homeland. (R–ID), Brian Schatz (D–HI), John if they aid and abet terrorism. In a cer- There is always an excuse not to do some- McCain (R–AZ), Heidi Heitkamp (D– tain real sense, they are lighting a can- thing, but the chief argument used by ND), Mazie Hirono (D–HI), Michael dle. JASTA’s detractors is flimsy. When weighed Bennet (D–CO). When tragedy befalls somebody in a against the moral imperative to do right by Mr. CORKER. With that, Mr. Presi- horrible and irrational way, a vicious the families of the 9/11 victims—who con- dent, I yield the floor. I know the dis- tinue to strongly advocate for this bill—the way—as has befallen these families— choice is clear: Senators should vote to over- tinguished Senator from New York who the natural instinct the Scriptures tell ride. sponsored this bill wishes to speak. us is to curse the darkness—why me?— Mr. SCHUMER. I wish to read a sec- The PRESIDING OFFICER. The Sen- to be angry, to turn inward, to wish the tion of the op-ed that addresses the ator from New York. world would go away, but these fami- chief concern of JASTA’s opponents: Mr. SCHUMER. Mr. President, how lies, with amazing fortitude, persist- much time is left on each side? ence, and courage, are lighting a can- JASTA’s opponents claim that the bill will subject U.S. diplomats and other government The PRESIDING OFFICER. The dle. They are trying to make the world Democrats have 14 minutes remaining. officials to a raft of potential lawsuits in for- a better place, even though it will eign courts. Not true; JASTA simply builds The majority has 1 minute remaining. never bring their loved ones back, so it on well-established principles under [the Mr. SCHUMER. I ask unanimous con- will never happen again. I so respect Foreign Sovereign Immunities Act]. sent that I be allowed to finish my re- that, among many other things, about It returns the law to the way it was before marks and the vote occur immediately them. a 2008 court case that granted sovereign im- thereafter. Let me address the foreign policy munity even in terrorism cases where citi- The PRESIDING OFFICER. Is there concerns some may have about the bill zens are murdered on U.S. soil. In the dec- objection? ades before this, there was no flood of law- from which the veto arises. Senator suits against U.S. interests. Without objection, it is so ordered. CORNYN and I have discussed in depth Mr. SCHUMER. Mr. President, I Consistent with FSIA, as designed by Con- many times on the floor how we have gress, victims can sue a foreign government thank my colleague from Tennessee. I narrowed the bill to strike the proper if one of its employees causes damage arising know he comes at this with the best of balance between our interests abroad from drunken driving, assault or breach of intentions and spirit. We disagree, but and the right of our citizens to obtain contract. If U.S. victims can sue a foreign he is an expert on foreign policy, and redress when they are victims of ter- government for these reasons, they should be we all respect his judgment. rorism on U.S. soil. In fact, we penned able to sue a foreign government that harms I rise to speak on behalf of my bill, their loved ones by financing a terror attack a joint op-ed on that question in USA on our homeland. the Justice Against Sponsors of Ter- TODAY. rorism Act, or JASTA. Soon we will Mr. President, I ask unanimous con- Senator CORNYN and I have worked vote on whether to override the Presi- sent that article be printed in the very hard over the course of 6 years and several iterations of the bill to dent’s veto of this bill. This is a deci- RECORD. sion I do not take lightly, but as one of There being no objection, the mate- strike the right balance. It has been a the authors of this legislation and a rial was ordered to be printed in the long work in progress, and I believe the measure of our success is reflected by firm believer in its purpose, I believe RECORD, as follows: the Senate should confidently vote to the unanimous support the bill re- [From USA TODAY, Sept. 27, 2016] override, and I will lay out the reasons ceived in both Houses of Congress. In why as clearly as I can. GIVE 9/11 FAMILIES A LEGAL AVENUE: this body, not a single person objected OPPOSING VIEW The bill is near and dear to my heart when it was brought to the floor to be as a New Yorker because it would allow (By and John Cornyn) voted on. the victims of 9/11 to pursue some The Senate will vote Wednesday on wheth- Democrats and Republicans don’t small measure of justice, finally giving er to override the president’s veto of our bill, agree on much these days, but we agree the Justice Against Sponsors of Terrorism them the legal avenue to pursue the Act (JASTA). As the authors of this legisla- on JASTA. Both parties agree the fam- foreign sponsors of a terrorist attack tion and firm believers in its purpose, we be- ilies of the 9/11 victims deserve justice. that took the lives of their loved ones. lieve the Senate should confidently vote to That, more than anything else, should Unfortunately, the courts in New override the veto. JASTA was written for weigh most heavily on our minds York have dismissed the 9/11 victims’ one main purpose: to clarify under the For- today. claims against certain foreign entities eign Sovereign Immunities Act (FSIA) and It has been 15 years since that awful alleged to have helped the 9/11 attacks. the Anti-terrorism Act that every entity, in- day—a day that changed every New These courts are following what I be- cluding foreign states, must be held account- Yorker, every American. We will never able if they are found to be sponsors of hei- lieve is a fundamentally incorrect nous acts of terrorism on U.S. soil. forget the shock, the fear, the holes in reading of the Foreign Sovereign Im- If the veto is overridden, this legislation our hearts, the friends and neighbors munities Act. Do we want it estab- would provide a legal avenue for the families and loved ones we lost, the first re- lished inflexibly in precedent that for- of the victims of the 9/11 attacks to seek jus- sponders and union workers and fire- eign countries, directly responsible for tice in a court of law for the terrorist at- fighters and policemen who bravely financing terrorist acts on U.S. soil, tacks that took the lives of their loved ones. rushed to the towers searching for are beyond the reach of justice? I don’t And it would deter foreign entities from signs of life in that smoldering rubble. think so. I don’t think that. In an age sponsoring terrorism in the future. I was there the day after. The smell of The concerns we’ve heard about the legis- where we have state sponsors of ter- lation don’t hold up to scrutiny. JASTA’s op- death was in the air. As a nation, we rorism, I don’t think that is what the ponents claim that the bill will subject U.S. came together. We rebuilt. As New Foreign Sovereign Immunities Act diplomats and other government officials to Yorkers, we did the same thing, but we ever intended. a raft of potential lawsuits in foreign courts. will never ever forget. In this debate,

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\A28SE6.005 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6173 we cannot forget what this legislation Johnson Murphy Shaheen commitment. There is going to be means to the families of victims. King Murray Shelby something in the House WRDA bill and Kirk Nelson Stabenow It has been 15 years since Ms. Terry Klobuchar Paul Sullivan a commitment that the final bill will Estrada lost her husband Tom, who Lankford Perdue Tester include the work that we did in the worked in the North Tower. Terry Leahy Peters Thune Senate. Lee Portman didn’t just lose a husband, she lost a fa- Tillis So I wish to thank again Senator Manchin Reed Toomey Markey Risch INHOFE, Senator BOXER, and all of our ther to a young son 7, daughter of 4, Udall McCain Roberts and a newborn baby boy. She lost a lov- Vitter colleagues. This is a very positive step McCaskill Rounds ing father and her best friend. Terry Warner forward. McConnell Rubio I will just remind people that folks in and her children have championed this Menendez Sasse Warren bill for over a decade. I thank them and Merkley Schatz Whitehouse Flint are literally bathing with bottled Wicker all the other families—especially Mikulski Schumer water every single day, and the sense Moran Scott Wyden of urgency only grows. So I am anxious Monica Gabrielle, Mindy Kleinberg, Murkowski Sessions Lorie Van Auken, Kristin Breitweiser, to work with our leadership to get this NAYS—1 Patty Casazza—for their tireless advo- done. Thank you. cacy and patience. Of course, no com- Reid Mr. MCCONNELL. Mr. President, we pensation could ever repair the broken NOT VOTING—2 expect to start voting on the CR hearts of a family who lost a loved one Kaine Sanders around 2 o’clock, and with a little co- to such mindless hate, but as Jane The PRESIDING OFFICER. On this operation, we should be able to get Bartels, a mother from Staten Island vote, the yeas are 97, the nays are 1. that over to the House this afternoon. who lost her husband Carlton on that Two-thirds of the Senators voting, a The PRESIDING OFFICER. The sunny morning 15 years ago put it re- quorum being present, having voted in Democratic leader. cently, ‘‘We just want our day in the affirmative, the bill, on reconsider- Mr. REID. Mr. President, I wish to court.’’ ‘‘We just want our day in ation, is passed, the objections of the yield 1 minute to our ranking member court.’’ President of the United States to the on the Environment and Public Works The victims of 9/11 and other ter- contrary notwithstanding. Committee, Senator BOXER. I wish to rorist acts have suffered such pain and f yield to her for 1 minute. heartache, but they should not be de- The PRESIDING OFFICER. The Sen- nied their day in court. They should LEGISLATIVE BRANCH APPRO- ator from California. not be denied their pursuit of justice. PRIATIONS ACT, 2017—Continued Mrs. BOXER. Mr. President, I wish to There is always an excuse not to do The PRESIDING OFFICER. The ma- thank my leader very much. Yester- something, but as Senator CORNYN and jority leader. day, Senator INHOFE and I were on the floor and I stated that if I felt there I have explained, the chief argument FUNDING FOR FLINT, MICHIGAN used by JASTA’s detractors is not was an ironclad commitment to take Mr. MCCONNELL. Mr. President, ear- strong. In fact, it is flimsy. When care of the Flint, MI, problem and the lier this month, the Senate voted to lead in water across this Nation, I weighed against the moral imperative, help families affected by lead poisoning we have to do right by the families of would support the CR. I interpret the in Flint as part of the Water Resources strong language from my leader, the 9/11 victims. The choice is clear. I Development Act, or WRDA. We are HARRY REID, and the Republican ma- urge my colleagues to override. glad to see that progress is being made jority leader, Senator MCCONNELL, as I yield the floor. in the House as well to pass a WRDA The PRESIDING OFFICER (Mr. an ironclad commitment. They spoke bill that also includes help for Flint to the powers that be in the House. SASSE). The question is, Shall the bill families. I have worked closely with (S. 2040) pass, the objections of the I know that Senator INHOFE and I are Speaker RYAN and Leader PELOSI to en- bound and determined to fix this, and President of the United States to the courage that progress, and I made it contrary notwithstanding? believe me, I want to send a message to clear to them that I was extremely se- the people of Flint and to their Sen- The yeas and nays are required under rious, and I just mentioned that again the Constitution. ators, who have worked their hearts to Senator STABENOW—very serious out: This will happen. If it doesn’t hap- The clerk will call the roll. about defending the Senate position in pen, I have some ideas of how I am The senior assistant legislative clerk conference and ensuring that Flint going to protest it, but it will happen. called the roll. funding remains in the final bill. I take it as an ironclad commitment. Mr. DURBIN. I announce that the We have a path forward to getting I yield the floor back to my col- Senator from Virginia (Mr. KAINE) and our work done, and if we keep working league, Senator REID. the Senator from Vermont (Mr. SAND- together, we will. The PRESIDING OFFICER. The Sen- ERS) are necessarily absent. The PRESIDING OFFICER. The ator from . I further announce that, if present Democratic leader. UNANIMOUS CONSENT REQUEST—S. 2912 and voting, the Senator from Virginia Mr. REID. Mr. President, the Repub- Mr. JOHNSON. Mr. President, I rise (Mr. KAINE) would vote yea. lican leader and I have had a number of today to ask my colleagues to honor The PRESIDING OFFICER. Are there conversations. I yield to the senior the life of Trickett Wendler, pictured any other Senators in the Chamber de- Senator from Michigan. here, who was a young mother of three siring to vote? The PRESIDING OFFICER. The Sen- who fought and lost her battle with The yeas and nays resulted—yeas 97, ator from Michigan. ALS disease, and the lives of so many nays 1, as follows: Ms. STABENOW. Mr. President, I others who want the right to try to [Rollcall Vote No. 148 Leg.] wish to thank the majority leader for save their lives by passing the Trickett YEAS—97 his comments and for the conversa- Wendler Right to Try Act of 2016. Alexander Casey Feinstein tions we have had—publicly and pri- Now, like so many of my colleagues, Ayotte Cassidy Fischer vately—and our Senate Democratic we are often visited by our constitu- Baldwin Coats Flake leader, as well, for being such a stal- ents, people who are battling their own Barrasso Cochran Franken wart, as well as all of our colleagues. Bennet Collins Gardner diseases, whether it is ALS or Blumenthal Coons Gillibrand We in the Senate have done the right Duchenne muscular dystrophy, or dif- Blunt Corker Graham thing and moved forward on a WRDA ferent forms of cancer. Booker Cornyn Grassley bill that has an important package for This is a very simple bill. What it is Boozman Cotton Hatch Boxer Crapo Heinrich Flint and other communities that have trying to do is very simple. It is trying Brown Cruz Heitkamp lead-in-water issues. to restore freedom. It is trying to give Burr Daines Heller At the beginning of this week, there patients and their families hope—the Cantwell Donnelly Hirono was a House bill that did not include freedom and hope that is being denied Capito Durbin Hoeven Cardin Enzi Inhofe anything for Flint or anything around them right now by our Federal bu- Carper Ernst Isakson that contamination. We now have a reaucracy.

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.012 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6174 CONGRESSIONAL RECORD — SENATE September 28, 2016 This is a bill about people. Coming took about 10 years from discovery to Mr. President, I ask unanimous con- from my own standpoint, I think all of approval of a new drug. Today that sent that the Committee on Health, us recognize ALS as—initially, in its time period stands at about 14 years. In Education, Labor, and Pensions be dis- original name—Lou Gehrig’s disease. I today’s dollars, in 2004, it cost about $1 charged from further consideration of certainly understood a little bit more billion for a successful drug to go S. 2912 and the Senate proceed to its about ALS when I heard about Tom through that approval process. Today, immediate consideration; and I ask Watson’s caddy. Then in Oshkosh, WI, it costs about $2.6 billion to have a unanimous consent that the bill be a family member of our Lourdes High drug approved. That indicates there is read a third time and passed, and the School family was stricken with ALS— something wrong with the system. The motion to reconsider be considered Doug Potarske. He courageously bat- Right to Try bill addresses what is made and laid upon the table. tled the disease and lost his fight as wrong. It is not a panacea, but it is a The PRESIDING OFFICER. Is there well. good first step. objection? I met Trickett Wendler on May 23, The last person I wish to speak about Mr. REID. Mr. President, I reserve 2014, when she came to Washington, is someone I consider a hero, someone my right to object. DC, with a group of other advocates for I consider as a whistleblower, a coura- The PRESIDING OFFICER. The ALS cures. Simply talking about my geous oncologist from Houston, TX, Democratic leader. meeting with the Goldwater Institute whose name is Dr. Ebrahim Mr. REID. Mr. President, I under- and the bill they were promoting Delpassand. Dr. Delpassand was part of stand the seriousness of my friend’s through the States—the Right to Try— a clinical trial treating neuroendocrine proposal. I understand the urgency and indicating to her my support for it, cancer with a therapeutic agent called that patients and their families feel tears began streaming down her LU–177 octreotate. He was, in his opin- who are desperate for new treatments. cheeks. She wanted that hope. ion, successfully treating these cancer I could go through a litany of people But along this path, as I have advo- patients. He was extending their lives, who have been in predicaments like cated for the Right to Try bill, I have but he butted up against a limit in this, like this young lady here where met other individuals—people like terms of a clinical trial of 150 patients. we see her picture. Matt Bellina, a former Navy pilot who So he requested from the FDA to ex- I remember Wendy Rockenfeller. I testified before our committee just pand that to include another 78 of his went to see her in Boulder City. She yesterday. He is a father of two, with patients who were terminal, who were was all dressed up, knowing that I was his wife expecting their third child. He dying from this aggressive form of can- coming, in bed. She, at a very young is also fighting ALS. He wants hope. cer. The FDA said no. age, was stricken with Lou Gehrig’s During our press conference, when I Now, fortunately, for that doctor and disease. She died 5 days after I saw her. introduced this piece of legislation, a those 78 patients, Texas had passed a She loved politics. She was involved in man from Pennsylvania, Frank Right to Try bill. The problem is the my campaigns. But this dread disease Mongiello, asked to say a few words. FDA has not weighed in. We don’t took her. Already pretty far advanced in his know whether the FDA will challenge Her husband was desperate. He took ALS, it was difficult to understand these Right to Try bills. I could not get her to for some treatment that Frank, but he quoted Abraham Lin- an answer from the FDA bureaucrats didn’t work, of course. But as my coln. Abraham Lincoln said: ‘‘If you as to whether or not they are going to friend from Wisconsin said, he was get shot, you die once. If you dream, challenge it. So Dr. Delpassand took it looking for hope. Her husband Uwe you die over and over again.’’ He made upon himself and, on behalf of his pa- Rockenfeller. the point that not having access to tients, courageously began treating Bob Forbuss was a young school some of these treatments for ALS is those additional 78 patients. They are teacher in Las Vegas, but he had a like dying over and over again. He alive today because of his courage, great knack for business. Without wants some hope to be able to stay with no help from the FDA. going through a lot of detail, he alive for his wife and six children. Thirty-two States now have enacted worked part time with an ambulance This bill isn’t only about ALS, their own individual Right to Try leg- company. He wound up owning that though. It is about other incurable dis- islation. In those States, 4,186 legisla- big, big ambulance company. He was eases. It is about other terminal pa- tors—both Democrat and Republican— very successful, made a lot of money, tients who have no further treatment have voted on those bills. Only 108 have but he was stricken with Lou Gehrig’s options—little boys like Jordan voted no, and 4,078 legislators—97.4 per- disease, and he died—not as fast as McLinn, who also testified before our cent of legislators in 32 States—have Wendy, but he died. I went to see him committee with his mother, Laura, a voted yes to Right to Try. There is the day before I saw Wendy. volunteer firefighter, and who is suf- nothing partisan about this. This is a So I understand the urgency of the fering from Duchenne muscular dys- completely bipartisan effort—again, patients, but also we have a situation trophy, a disease that is also terminal. trying to restore freedom, trying to re- here. There are ways to improve the This disease in particular indicates store hope. access process so it works better and the problem we have with the FDA. The latest State was California. Gov- faster for patients. My friend talks There were more than 50 patients and ernor Brown just signed that bill into about 40 or 42 cosponsors. Basically, advocates for an effective treatment, law. We had in front of our committee virtually every one of the Republicans something that is being proven to be last week State assembly majority are cosponsors but not Democrats. effective to extend the muscle function leader Ian Calderon—a Democrat, I Why? Because, there are major players of these little boys. The FDA had an might add—who is a sponsor of that in this bill that simply haven’t had an advisory committee meeting and lis- Right to Try bill. opportunity to tell us what is wrong tened to the testimony of over 50 So all I am asking—we have 42 co- with the bill. They have told me per- Americans begging the FDA to allow sponsors of this bill in the Senate. I sonally. and approve that treatment. The FDA have asked my other colleagues to join I believe we should do what we need advisory committee voted 7 to 3 and us as cosponsors. I realize that some of to do in order to have a good, respon- said no, we are not going to give you them don’t want to go that far. All I sible piece of legislation. I also want that right; we are not going to give you am asking is that no Senator stand up everyone to understand it is really dif- that hope. and object to providing a little bit of ficult to comprehend when we have had Now, fortunately, I was overjoyed a freedom, a little bit of hope to patients 7 weeks—we just finished a break here couple of Mondays ago when the FDA who simply have no other avenue. and we are going to take 10 more overruled that advisory committee and Now, to be respectful of people’s weeks. Why didn’t we take the time to actually approved those drugs and pro- time, let me move to my request. I see have a hearing on this? vided some hope. Senator BARRASSO is here, and if he I think we should have had a hearing If we want to understand how broken would also like to speak to this bill, I on Merrick Garland. Why haven’t we the process is, let me give a couple of would like to give him that oppor- had a hearing on Merrick Garland? The metrics. In the decade of the 1990s, it tunity. reason my Republican friends have not

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.015 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6175 had a hearing on Merrick Garland is are asking for is hope, when we know Thank you, Mr. President. that they know that if they had a hear- there is hope that is available and it Mr. JOHNSON. Mr. President, I ing on Merrick Garland, people would may provide help. thank the Senator from Wyoming for see who he is, and having seen or lis- The State of Wyoming passed the his leadership on this issue. I want to tened to this man, they would be hard- Right to Try law. The attorney general also point out how bad I feel and how pressed to vote against him. That is for the State of Wyoming is with us sad it truly is because some of those in- why they are not doing a hearing. today. He knows about this. He knows dividuals I spoke of—some of those pa- So, for all these reasons, that we it is bipartisan. There was nothing par- tients and families—were watching on haven’t had a vote on Merrick Garland, tisan about this, I would say to my col- C–SPAN today. They had their hopes we had absolutely no workout on this league from Wisconsin. There was over- up that the minority leader would not process. As desperate as the situation whelming bipartisan support by the play politics with this issue, would not is, and I understand it, I object. legislature. It was signed by our Gov- play politics with their lives. In the The PRESIDING OFFICER. The ob- ernor. Yet we see the minority leader last 15 minutes, those hopes have also jection is heard. come to the floor and object to a vote, been dashed. I care about that. The Senator from Wisconsin. which is something that would pass in- I note for the RECORD that in my Mr. JOHNSON. Mr. President, this is credibly. He did it because his rea- committee we have held two hearings beyond disappointing that the minor- soning was something about a nominee on this Right to Try bill so the minor- ity leader would refer to this as poten- of the President to be on the Supreme ity leader is simply incorrect when he tially a partisan bill. Let me reiterate. Court. says we have not held hearings. We In 32 States, where 4,186 State legisla- We are talking about people who are have fully vetted this piece of legisla- tors have voted on this, 4,078 have dying today, such as the woman whom tion. voted yes, Republicans and Democrats this legislation is named after with I once again point out how bipartisan alike—97.4 percent. This is a bipartisan amyotrophic lateral sclerosis—Lou this has been in the States—97.4 per- effort. It provides freedom, it provides Gehrig’s disease. People did the ice cent of State legislators who voted on hope, and it is beyond disappointing bucket challenge. We saw Bill Gates this have voted in support of it. that the minority leader would object. have somebody pour a bucket of cold I have another colleague, the Senator from Indiana, who has joined me in a I would ask my colleague Mr. BAR- ice water over his head in an effort to number of instances in writing to the RASSO, the Senator from Wyoming, who try to help someone with amyotrophic FDA to try and break the logjam on has been a real leader on the issue, for lateral sclerosis. The minority leader some of these treatments, making example, with Duchenne muscular dys- came and named a couple of people who them available to people, giving them trophy, what has he heard from pa- lost their lives. We all know people tients and his constituents in terms of hope. who lost their lives. The Senator from I would ask the Senator from Indiana the hope that this bill will provide Alaska had a relative who lost his life what stories he has to tell about his them? to amyotrophic lateral sclerosis. Every constituents who are asking for that The PRESIDING OFFICER. The Sen- time I go to mail a letter at the Post freedom, that right to try, that right ator from Wyoming. Office in Casper, WY, and drive down Mr. BARRASSO. Mr. President, peo- to hope? Randy Maxwell Boulevard, it is named Mr. COATS. I thank the Senator ple ask for hope. They want hope and after a postal worker who lost his life from Wisconsin, a great friend and need hope. As a young doctor in my to amyotrophic lateral sclerosis. He someone whose passion has been training, I worked at a children’s hos- would have loved the right to try. brought to the U.S. Senate. pital in the muscle disease clinic, and So I come to the floor in support of Based on issues where people are what I saw were families because mus- my colleagues, in support of this legis- hurting, I just can’t thank him enough cular dystrophy, specifically lation, and I am so sorry and sad to see for bringing to this body the kind of Duchenne’s, runs in families. the minority leader, the Senator from energy and the kind of passion that is Families come into the clinic, and Nevada, stand and object to an oppor- directly related to the pain people are you knew the day you were seeing that tunity to give the Senate the right to suffering with in his State—whether it young person it was going to be the try, to give patients the right to try, at is loss of a job, the death of a child or best day that person ever had because a time when we know there is actually something related to education or this is a progressive disease and they potential cures available and there are whether it is something related to just are looking for hope and they look to people who are looking for the hope every day, Senator RON JOHNSON has you as a physician for hope and they and looking for the help those poten- been on top of it. look to the researchers for hope. tial cures provide. This is a perfect example of the kind That is what this Right to Try legis- I would say to my friend and col- of passion he brings. He refuses to say: lation does. It provides hope. I believe league from Wisconsin, thank you for I can’t go any further. He refuses to it goes further than that. It is not just your leadership. Thank you for bring- take and accept the minority leader’s hope, it is also help because the re- ing to the floor the beautiful face of objection to this—along with my col- search we have seen with this drug for the patient from your home State who league from Wyoming and others—to muscular dystrophy, for Duchenne lost her life in the fight, who didn’t this bipartisan supported measure. muscular dystrophy—and when you have a chance to try. How can the minority leader come talk to the parents and talk with the Thank you for your leadership on the down and give an example of why every patients, and I have met with the par- Duchenne muscular dystrophy front parent deserves the right to try, to try ents and met with the patients, what and for all people who are suffering to save their children, to take advan- they are seeing is that day in the clinic around this country who need hope, tage of medicines and procedures that is not their best day with declining who need help, and we know there is might be that miracle cure, and then after that, they have actually seen a actually help available. Thank you for say: No, we are not going to take it up. reversal, which is miraculous. I am your caring and your work on this, and We are not going to give that to you talking about working in a muscle dis- I continue to stand with you and your because we know you are in a tight ease clinic when I was in my twenties. efforts, as do many Members of the race. Essentially, that is what he is We are talking a long time ago in my U.S. Senate and many, many Ameri- saying. We know you are in a tight professional career working with peo- cans. I thank you for your continued race so we are not going to do any- ple with muscle disease. This is the leadership and your determination. I thing. first thing I have actually seen that thank the Senator from Wisconsin for Put yourself in the shoes of a parent has actually reversed that declining his incredible efforts, and I say this who is trying to save the precious life trend that we see in young people with with profound disappointment in the of a child. How can you put an election Duchenne muscular dystrophy, where minority leader to see that he would in a State that is up for grabs—how can they go from being able to walk to come to the floor and object to people that trump the kind of sorrow and then walking more slowly, to then having a right to try to save their clinging to the last hope parents are graduating to a wheelchair. So all we lives. making?

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.017 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6176 CONGRESSIONAL RECORD — SENATE September 28, 2016 I commend the Senator. I have had resolution, we would simply be doing I would also thank Majority Leader the great privilege of serving together what majorities in both appropriations MCCONNELL for his commitment to en- with him since 2010, and we have be- committees have already agreed to. suring that Congress does not adjourn come friends. His passion, whether it is According to the Ex-Im Bank, it cur- this year without enacting WRDA leg- the national debt or whether it is any rently has a pipeline of more than 30 islation that contains the Senate ap- number of issues, but particularly on transactions, each of which exceeds $10 proved funding for fixing Flint’s water this, that goes right to the heart and million, valued at over $20 billion in pipes and addressing drinking water soul of every parent in this country total that are stalled because of the problems that communities across the who is doing everything they possibly quorum requirement. country face. can to save their child, and to be de- In other words, the Republican lead- While the absence of assistance for nied that opportunity because of a po- ership is blocking financing to U.S. Flint prevents me from supporting the litical situation just astounds me. companies that are ready to compete continuing resolution, I am very I commend Senator JOHNSON. I know for contracts to sell their products and pleased that it contains $1.1 billion to he will not give up. I know he will fight services overseas. They may not get combat the spread of the Zika virus. this to the end. We stand with him. the chance. More than 2,000 pregnant women in There is nothing partisan about this One would think, since Republicans the Nation and our territories have evi- issue, and there is no reason we can’t regularly insist that they are the party dence of being infected by Zika, more come down as a body and endorse and that cares more about American busi- than 20 babies have been born with pass by unanimous consent what Sen- ness, this would not be difficult. They Zika-related birth defects such as talk about wanting to help U.S. compa- ator JOHNSON is asking. There is no microcephaly, and at least six preg- reason whatsoever. I am with him to nies so they will not move offshore. nancies ended because of the virus. In the end. We are all with you to the end. They talk about standing up for Amer- Puerto Rico, the Surgeon General said I think we ought to just keep asking ican workers. They talk about a lot of that 25 percent of residents will be in- because I don’t believe a Senator here things. fected by Zika virus by the end of this But did they include it? No. There can understand why politics should year. In southern Florida, health offi- wasn’t even a debate. They just said no trump something like what you are cials are combating the mosquitoes dice because a tiny minority of their trying to do. spreading the virus there in the hopes members opposes it. of slowing the virus’s path. With fund- Mr. JOHNSON. I certainly thank the That is what has happened to the Senator from Indiana for his support ing to combat Zika now secured, the Congress. Because the Republican lead- hard work begins to end the threat on this issue. I will conclude by saying, ership either supports or is unwilling this is a sad day for the U.S. Senate; Zika presents to our families. to challenge obstructionists on their I am also grateful that the short- that the minority leader would turn fringe, nothing happens. There are term spending agreement contains the his back on terminal patients and their countless examples of it. Military Construction and Veterans Af- families, deny them that freedom, that I hope the American people are pay- fairs Appropriations bill, which pro- right to try, that right to hope, to ing attention. I hope businesses around vides funding to ensure that our mili- score a political point—it is a sad day the country that pay taxes and need tary facilities are mission ready and for the U.S. Senate. support from the Ex-Im Bank are pay- that Michigan’s 698,000 veterans can ac- I yield the floor. ing attention. Elections do matter, and cess the care and benefits they have Mr. LEAHY. Mr. President, people this is just one of many reasons. earned. talk about partisan gridlock and the Ms. STABENOW. Mr. President, I The fiscal year 2017 Military Con- do-nothing Congress. There is plenty of rise today to talk about the continuing struction and Veterans bill includes justification for it. Judge Merrick Gar- resolution that the Senate will soon be $11.3 billion more in mandatory fund- land, nominated to the Supreme Court voting on, which regretfully, I am un- ing and $2.6 billion more in discre- on March 16, has been waiting for a able to support. tionary funding than last year’s budg- hearing, not to mention a vote, for For the past year, I along with my et. Although discretionary funding for more than 6 months. None of the ap- colleague from Michigan, Senator the Department of Veterans Affairs is propriation bills to fund the govern- PETERS, worked to craft a bipartisan below the amount that was included in ment in 2017 will be enacted before the agreement with funding to help fix the the bill approved by the Senate earlier end of this fiscal year, just 2 days from city of Flint’s water system that ex- this year, the total amount in the CR now, even though every one of them posed 100,000 people to lead laced drink- still exceeds last year’s enacted level has been reported by the Appropria- ing water. And thanks to the leader- by $2.9 billion. I strongly support this tions Committee. We are once again ship of Environment and Public Works funding that provides for essential voting on a stopgap continuing resolu- Committee Chairman INHOFE and medical care, disability compensations, tion to keep the government running Ranking Member BOXER, the Senate a mental health services, long-term care, until December 9. few weeks ago voted 95–3 to approve veteran specific medical research, and As part of the continuing resolution, the Water Resources Development Act claims processing improvements. I proposed including a provision that with this desperately needed funding. The PRESIDING OFFICER. The Sen- would give American businesses a level Unfortunately, the CR before us ator from Arizona. playing field against their foreign com- today addresses disaster funding for Mr. FLAKE. Mr. President, I ask petitors. flooding in Louisiana and other com- unanimous consent to speak as in Right now, the Export-Import Bank munities, but asks the families of Flint morning business. cannot approve financing totaling to wait at the back of the line again. I The PRESIDING OFFICER. Without more than $10 million, because the Re- cannot support a CR that includes objection, it is so ordered. publicans have refused to vote on the funding for other communities but not THE NATIONAL DEBT President’s nominee for the third mem- Flint, whose residents have waited too Mr. FLAKE. Mr. President, a few ber of the Ex-Im Bank’s board of direc- long for much-needed aid. weeks ago, I was asked to act as emcee tors. Under current law, that means However, because of the stalwart sup- for the Arizona Distinguished Young the Bank lacks a quorum, and it is se- port of my colleagues—particularly Women’s Scholarship Program. During verely limited in what it can do. vice chairwoman of the Senate Appro- the self-expression portion of the My provision would have permitted priations Committee BARBARA MIKUL- evening, meant to showcase how quick- the current board members to approve SKI, Environment and Public Works ly these women could think on their financing over $10 million, for the pe- Committee Ranking Member BARBARA feet, the participants were asked the riod of the continuing resolution. BOXER, and Democratic leaders HARRY following question: If you could live a This was not a farfetched idea. In REID and NANCY PELOSI—Republicans day without rules and consequences fact, both House and Senate fiscal year in the House of Representatives have and do something truly outrageous, 2017 appropriations bills that are wait- agreed to a path forward for enacting what would it be? ing for a vote include a similar provi- legislation this year that contains as- Remember, these are high school sen- sion. By including it in the continuing sistance for the people of Flint. iors. As I stood on stage and called on

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.018 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6177 each of the young women to answer the will negatively impact the global econ- a rate of two or three times the na- question, Alexis, from Tempe, con- omy, and it will worsen our own fiscal tional averages and now roughly total fidently took the microphone and said: outlook. 125,000 statewide. Businesses owned by I would fly to Washington, DC, go to the How do we avoid this gloomy pic- Hispanic women are growing even fast- floor, and ask each ture? If we want to put ourselves on a er. Senator this question: ‘‘What do you plan to sustainable fiscal path, we can’t just In Arizona, Hispanic Heritage Month do about the national debt?’’ nibble around the edges. Discretionary is celebrated through historic lectures, The audience roared its approval, and spending has been largely held in check movie screenings, culinary and arts I was put on the spot. This is a topic over the past several years, but the re- festivals, gallery exhibitions, and mu- that has received scant attention in tirement of the baby boomer genera- sical celebrations. These are but a few this political season, this election sea- tion has led to huge increases in our items to highlight when noting the son, but it was put front and center at so-called entitlement programs. contributions of those of Hispanic her- a scholarship program. Discretionary spending represents an itage. We shouldn’t be surprised by this. ever-shrinking percentage of our total I am pleased to have a moment on For every day that we adults continue spending. Putting ourselves on a sus- the Senate floor to talk about National our obsession over emails and birth tainable fiscal path has to involve a Hispanic Heritage Month. certificates, these high school seniors grand bargain of sorts, such as the one With that, I yield back the remainder recognize that we are spending $1.4 bil- contemplated by the National Commis- of my time. lion more than we are taking in. This sion on Fiscal Responsibility and Re- The PRESIDING OFFICER (Mr. will result in nearly a $500 billion def- form, more commonly known as Simp- PERDUE). The Senator from Indiana. icit this year, which will be added to son-Bowles. Of course, this outline will WASTEFUL SPENDING our burgeoning $19 trillion debt. They need to be updated to take into ac- Mr. COATS. Mr. President, as we are know this and understand this because count the nearly $7 trillion of debt that temporarily winding down here, I am this is the debt they will be left with has accumulated just in the past 6 told we will be back in November, pass- long after our political careers are years, but it is a good place to start. ing a short-term continuing resolution over. It is tempting for both Republicans or funding for the government until we I have long believed that of the myr- and Democrats to say: Well, we will do return. Then, after the election, we iad problems we face in this country— deal with this debt problem if voters will deal with the longer term. I wish from terrorism to nuclear prolifera- give us control of both Chambers and to take advantage of this remaining tion, to infectious diseases, to climate the White House. Believe me when I time to once again, for the 52nd time in change, to aging infrastructure, to tell you that this will not happen. No this last 2 years, come to the Senate unaffordable health care—our looming one party, Republican or Democrat, floor to talk about the waste, fraud, debt and persistent deficit are our most will take the political risk that is in- and abuse that exists within the Fed- urgent challenge. If we don’t put our herent in dealing with our debt prob- eral Government and what its impact fiscal house in order and put ourselves lem—not my party, not the party on is on taxpayers’ hard-earned tax dol- on a sustainable fiscal path forward, we the other side of the aisle. Midterm lars. will not be able to address any of the elections are never more than 2 years I have talked about everything from problems and the challenges I just list- away. the very serious ways in which Med- ed. No, it will take buy-in from both par- icaid, , and Social Security If we continue in our current state of ties. Both parties have to be willing to have been violated and spent, wasting denial, one day in the not so distant fu- hold hands and jump together. billions of dollars through checks going ture, we will wake up and discover that With divided government over the to people who are dead, people who the financial markets have already de- past 6 years, we have had the condi- don’t qualify, and on and on. We have cided we are no longer a good bet. tions necessary for a long-term budget talked about some ridiculous examples When this happens, the low interest agreement, but we have lacked the po- of expenditure of Federal dollars. rates that have made our debt manage- litical courage to get it done. We can- Today, I was thinking: Well, this is able over the past couple of years will not afford to squander that oppor- kind of a small amount. We are only begin an upward march. For every tunity any longer. talking about $1 million here, and we quarter point that interest rates go up, If the results of the November elec- have been talking about billions. an additional $50 billion will be re- tions produce divided government once All of a sudden it hit me that $1 mil- quired annually just to service the debt again in January, here is hoping that lion is not a small thing. I think we for every quarter point the interest while we may publicly grumble, we will have lost perspective here in terms of rates go up. privately see it as an opportunity to these numbers. What do they mean to The Congressional Budget Office esti- redeem ourselves as stewards of this in- us? mates that if we don’t address our fis- stitution and put the country back on People say: Do you want to be a mil- cal imbalance and interest rates return a sustainable fiscal path. lionaire? Well, that would be unbeliev- to where they traditionally have been, NATIONAL HISPANIC HERITAGE MONTH able if I could be a millionaire. I mean, within a decade nearly all of our dis- Mr. President, I rise to recognize Na- of course I would want to be a million- cretionary budget will be swallowed up tional Hispanic Heritage Month, which aire. If you are a millionaire, you are with just one item—paying interest on is celebrated from September 15 to Oc- living in high cotton. the debt. tober 15. Originally signed into law in But we dismiss $1 million as change, Think about that for a minute. How 1968 to be just 1 week, it was expanded just a few pennies here and there when do we fight a war on terrorism without by President Ronald Reagan as a it is compared to billions of dollars, spending any money on national de- month-long recognition in 1988. hundreds of billions of dollars, and fense? That is part of our discretionary This month recognizes the social, even trillions of dollars. budget. How do we replace aging infra- economic, and cultural contributions In just the last 8 years under the structure when there is no money left of the more than 57 million Latinos liv- Obama administration, we have taken after we have paid our monthly install- ing in the United States. In my home our national debt—that is money we ment on our credit cards? Infectious State of Arizona, the Latino popu- borrow to pay for things we have ex- disease-carrying mosquitoes will not lation has nearly tripled in the past 25 pensed. We don’t have the revenue to stop at our borders out of concern for years, and now it stands at just over 2 cover it, so we have to borrow that our fiscal predicament. million people. This is nearly one-third money. As my colleague from Arizona Once national interest rates begin of the State’s population, and Hispanic was just discussing, interest has to be their inevitable rise, the control over children already make up more than paid. our fiscal situation will pass from this half of the K–8 public school students When we arrived at the beginning of body, from Congress, and from the ex- in Arizona. this administration, it was about $10 ecutive branch to our creditors. We From an economic view, Hispanic- trillion, and it has literally doubled— will then enter an austerity cycle that owned small businesses are growing at almost doubled. In just 8 years of time,

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.019 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6178 CONGRESSIONAL RECORD — SENATE September 28, 2016 230-some years since the beginning of hour of every day to try to describe the think it is also a major reason why the this country, we have doubled the debt volume of certified waste, fraud, and American people simply say: Look, you from $10 trillion to nearly $20 trillion. abuse we have collected in our office. had your shot. You said you knew how It is hard to grasp what a million is, As long I have the opportunity to be to run government. You said you knew let alone a billion, let alone a trillion. able to do that, I am going to keep how to grow the economy. You put So, yes, this is just ‘‘a million dollars,’’ doing it, pointing out how government these policies in place. Well, it hasn’t but every penny that is wasted is taken is mishandling the money that the tax- worked. from taxpayers or is money not applied payers are sending to Washington. When something doesn’t work, you to essential functions of the Federal THE ECONOMY don’t just keep perpetuating it—which government, such as our national de- Mr. President, in the time remaining is what I think the election is all fense, health care, or whatever. This is that I have, let me simply say that about, frankly—you turn to other poli- one of these ridiculous wastes of a mil- while the White House spin that the cies that worked successfully before. lion dollars. economic recovery from the Great Re- I want to name three things that I The Department of Education has cession is a huge success, to use their think should substantially improve the paid money for the creation of a video words, poll after poll—from The Econo- growth of the economy in the United game called ECO. The Department of mist to YouGov, to , to Ipsos, States. Education is trying to have classrooms to Rasmussen—shows that nearly two- Clearly, taxes are too complex, regu- use this game for students, literally for thirds of Americans think our economy lations are tying the hands of job cre- ideological purposes. Obviously, what is on the wrong track. ators, and the ever-growing Federal they were basing ECO on is what hap- The White House spin is one thing, debt is crowding out private sector in- pens in Washington, DC. They were but the facts clearly define the Obama vestment. All these are facts. creating a virtual government through administration’s record of low eco- So it is time to change this truth, a video game. The students could vote nomic growth numbers. So we hear the take a long-term look at why the by a majority vote as to whether to rhetoric coming out of the President’s Obama administration policies have add something to this government in spokesman and the President himself failed, and employ new policies. Let me terms of what their policies were or and some Members of the Senate that outline three new policies. take it away, but the game rules also things are working very well. Well, First, our broken Tax Code is pun- ruled that the group’s operator could let’s look at the facts. The truth lies in ishing job creators. act as a king, issuing all rules by him- the facts, not on what somebody wants We have the highest combined cor- self or herself. If the king didn’t like to tell you the truth is. porate tax rate in the developed what the students did by majority Fact: Under the Obama administra- world—all of our competitors have a vote, the king would simply say: Fine, tion, real growth continues to average much lower corporate tax rate than we that means nothing. I am going to im- only half the growth of an average re- do—and that puts us at a disadvantage. plement it anyway. cession recovery over the last half cen- Of course that is why we have an im- It sounds an awful lot like what we tury. We have had many recessions, balance in our trade accounts. Small have been through under this adminis- but the surge of economic activity post business owners face mind-numbing tration. The vote of the peoples’ rep- those recessions has been twice as complexity in rates as high as 44.3 per- resentatives in the House of Represent- much as what has happened over this cent due to Obama tax increases. atives and the Senate essentially has recession, which took place in late 2008 Reducing business tax rates, both been bypassed in many instances by and early 2009. It has been nearly 8 large and small, and simplifying the the President of the United States. years, and we have had half of the aver- 74,000 pages in the Internal Revenue Once again, through an ideological age growth of all other recessions over Code—the Tax law—will help American decision made by members of the ad- the past half century. companies retain their competitive ministration, we now are teaching stu- Fact: Productivity growth has edge in the face of globalization so that dents that this is really how it works. slumped under President Obama. we can expand and create new jobs. We If you want to make a difference, we Fact: Business dynamism has slowed have been talking about this for years. need to give that king all kinds of au- down significantly. It hasn’t happened. Tax reform is abso- thority. Fact: Today, a smaller number of lutely necessary to get our economy I define this as a waste. I define this Americans are working than before the growing again. as a waste of taxpayers’ money. recovery began. Secondly, policymakers in the ad- The function of government is not to Fact: For those Americans who have ministration need to streamline and re- brainwash students, through video been able to get jobs, a larger number duce burdensome regulations that are games, into a form of government that are working part time. holding our economy down. violates our Constitution, violates all While President Obama is touting re- The Obama administration continues precedents in terms of how we operate cent gains in household income, the to issue regulations at a record-setting around here. Yet time and again I have facts show that the median American pace. This flood of redtape wastes time stood on this floor, Members have household is still bringing home less and resources, stifles jobs and new stood on this floor, and simply said: money than it was before the recession business startups, and dampens eco- This is the function of the people’s rep- began almost 9 years ago. nomic growth. The businesses I visit in resentatives. This is a function of how Based on these facts, it is clear that Indiana have story after story saying: they vote, yea or nay. This is a func- the economic policies employed by the We are swamped with regulations. In- tion of how it works through the proc- Obama administration have not stead of producing or selling our prod- ess of defining a law, ultimately land- worked. uct, we are filling out paperwork and ing on the President’s desk. Yet we It is one thing to come down here and sending it to Washington, going have a President who simply says: The listen to the President or Members say: through months and months of waiting heck with all that stuff. I am just Look, these policies have worked, and for approval of this, that, or whatever. going to implement whatever I want to it is a great success; it is another thing Regulatory reform is absolutely es- do, and, by the way, let’s spend tax- to look at the reality of what has hap- sential if we are going to get our econ- payer dollars to teach children that pened and say: No, it is not a success. omy to grow. this is how government should work. I Too many Americans feel there is no Third and last of the three major think it is not just a shame, I think it end to this current cycling of medioc- issues: Growing Federal debt is crowd- is ridiculous. It is way over the top. rity. It has almost become the new nor- ing out the private sector. We are adding not a huge amount to mal that we are going to grow at 1, 1.5, Over the years, as I have said, Presi- the number, but through these 52 or 2 percent a year instead of normal dent Obama has nearly doubled our na- weeks we have accumulated $328 billion post-recession growth of 3.5 or 4 per- tional debt, racking up more debt in of waste, fraud, and abuse. It just keeps cent or even more. the 8 years of this administration than on going. I could come to the floor There is a reason why these policies, in all previous years of every President every day. I could come here every in my opinion, have not worked. I who preceded this 44th President.

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.021 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6179 Think about that. The amount of debt this number doesn’t include shipments to admit to anybody outside of our we have incurred under this President from the two largest drug wholesalers, family that we have a problem. My son exceeds all of the other debt since the so it is even higher than that. has a problem. My daughter has a prob- beginning of this country under 43 pre- Every day in our country, 51 Ameri- lem. My niece or my nephew, my mom vious Presidents. cans die from opioid abuse. People are or my dad, my uncle or my aunt has a When we put these three together, I dying as we speak. Here are the na- problem. We think we will keep that believe that is the direction in which tional drug abuse facts: in. We won’t talk about it. Well, we we need to go. Hopefully, as we are Drug overdose was the leading cause don’t talk about it, and it continues to closing out this administration, that is of injury and deaths in 2013. Among grow and grow. the direction we will be able to take to people 25 to 64 years old, drug overdose We have a lot of bills in the hopper get our people back to work, get our caused more deaths than motor vehicle right now. economy growing again, and make crashes. The LifeBOAT Act. If I hear 1 time a America great again. There were 41,982 drug overdose day, I hear 10 times a day: There is no Mr. President, I yield the floor. deaths in the United States in 2013. Of place to get treatment. I want my child I suggest the absence of a quorum. those, 22,767—or almost 52 percent— to get treatment. I want my parents to The PRESIDING OFFICER. The were related to prescription drugs. get treatment. There is no place to clerk will call the roll. Drug misuse and abuse caused about send them. The bill clerk proceeded to call the 2.5 million emergency department vis- I have said we need to do something roll. its in 2011. Of those, more than 1.4 mil- about that. We need to get a perma- Mr. MANCHIN. Mr. President, I ask lion were related to prescription drugs. nent funding stream. So I have intro- unanimous consent that the order for Among those emergency visits, 420,000 duced a bill that says that one penny the quorum call be rescinded. were related to opiate analgesics. for every milligram of opioids that is The PRESIDING OFFICER. Without Nearly 2 million Americans ages 12 or produced in the United States of Amer- objection, it is so ordered. older either abused or were dependent ica will go to a treatment plan. That PRESCRIPTION DRUG OVERDOSES on opiates in 2013, and on top of that, means every part of the country that Mr. MANCHIN. Mr. President, we they are recommending giving has been affected will be able to get have come to a crisis point in our coun- hydrocodone to children as young as 12 treatment. They will have a funding try, and I speak about this on a weekly years of age. mechanism. basis. It is drug overdose, legal pre- Of the 2.8 million people who used an Some people say: Well, that is a tax. scription drug overdose. When I talk illicit drug for the first time in 2013, 20 We don’t want to put a tax on it. about legal prescription drug overdose, percent began with the nonmedical use Well, I am sorry, we do it on ciga- these are well-noted, good pharma- of prescription drugs, including pain rettes and we do it on alcohol. We ceutical companies that make a lot of relievers, tranquilizers, and stimu- know this is killing people all over the products that save people’s lives and lants. country. No State is immune. Yet we help them immensely. It is done with The United States makes up only 4.6 are afraid to move forward. the approval of the Food and Drug Ad- percent of the world population. With I am hoping we can come together as ministration, and then it is adminis- over 7 billion people who live in the a body and find a pathway forward so tered and basically recommended by world, we have about 320, 330 million that we can treat addiction as the ill- the most trusted person next to your people, so that is a little less than 5 ness that it is and try to get people most trusted family members—your percent. Yet we consume 80 percent of back into productive lives and, most doctor. Then we look around and we the opiates. This Nation, which is less importantly, save their lives. This have a product on the market that ba- than 5 percent of the world’s popu- would be one way to do it and do it in sically is killing Americans every day. lation, consumes over 80 percent of all a way that we can all look at ourselves In West Virginia, drug overdose the opiates that are produced and con- and look at what we have done for our deaths have soared by more than 700 sumed in the world—how did we be- constituents and say: We helped you. percent since 1999. We lost 600 West come so addicted?—and 99 percent of The Promoting Responsible Opioid Virginians to opiates last year alone— the world’s hydrocodone, which is Prescription Act. This bill would de- more than any other form that has ter- Vicodin. Opiate abuse has jumped 287 couple hospital and physician pay- minated people’s lives in that State. Of percent in 11 years. We are not very ments. Right now, if an addict comes the 628 drug overdose deaths in the pain-tolerant anymore. in and they don’t get what they want, State in 2014, most were linked to pre- In 2012, health care providers wrote they will report you for bad service. scription drugs; 199 were OxyContin re- 259 million prescriptions for pain- They will report a doctor and they will lated, while 133 were attributed to killers—enough for every American to report a hospital or a clinic, and that hydrocodone. West Virginia had the have a bottle of pills. basically determines the type of reim- highest rate of prescription drug over- Misuse and abuse of prescription bursement they get from or dose deaths by any State last year—31 drugs cost the country an estimated Medicare. That is ridiculous. If addicts per every 100,000 citizens. The next $53.5 billion per year in lost produc- don’t get what they want, they are closest State was New Mexico, with 25 tivity, medical costs, and criminal jus- going to be mad at everybody. So we deaths per 100,000. tice costs. Ask any law enforcement— need to change that. In West Virginia, providers wrote 138 town, county, or State police—and The Changing the Culture of the FDA painkiller prescriptions for every 100 they will tell you that 80 to 90 percent Act. The FDA should not be putting people. I want to repeat that. The pro- of all the calls they go on are related products on the market that we know viders, our doctors, wrote 138 painkiller to some kind of drug use or abuse. are going to alter your life or alter the prescriptions for every 100 people. That Since 1999, we have lost almost community or destroy your life. They doesn’t even sound feasible. It doesn’t 200,000 Americans. If that is not an epi- are there to protect us. If they give a even sound right. It is the highest rate demic, I don’t know what is. And why stamp of approval, it should be done in the country. we are not up in arms—everybody in because it is a product that we know Between 2007 and 2012, drug whole- this country—fighting this epidemic is will not deteriorate or destroy our salers shipped more than 200 million beyond me. I have always said this is a lives. pain pills to West Virginia. My State silent killer. It doesn’t matter whether The FDA Accountability for Public has a population of a little less than you are Democratic or Republican. Safety Act will require the FDA to 1,850,000. So we have about 1,800,000 This is not a partisan killer. Whether seek advice. I will give a perfect exam- people and prescription drug whole- you are a liberal or a conservative, ple. They continue to put opioids on salers shipped more than 200 million whatever your religious beliefs, what- the market every day. There are people pain pills to my State. Think about ever your race is, this one has no home. who are applying to put more products that—200 million pain pills and we have This goes after everybody. But it is a on the market. We don’t need any more fewer than 2 million people. Unbeliev- silent killer because we keep our products. We have enough painkillers, able. That is 40 million per year. And mouths closed because we don’t want and we are consuming 80 percent of the

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.022 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6180 CONGRESSIONAL RECORD — SENATE September 28, 2016 world production now. How many more cousin of Josie Mountain, Scott Mountain, In all of the debate back and forth, do we need? They come out with tough- and Carley Scannell, all of Raynham. some people have forgotten or never re- er and stronger products. I can’t even Emmett was a National Honor Society stu- alized how massive this disaster was— dent who graduated from Bridgewater understand why they do it, but they Raynham Regional High School in May 2014. an unprecedented event. The National say it is needed for different purposes. Unfortunately he is not the first member of Weather Service deemed this as a once- And then what happens on top of that his class to die from Substance Use Disorder. in-a-thousand-years event. Twenty par- is that it is against the advice of their Emmett was a sophomore at Worcester State ishes have been declared disaster areas. own advisory committee. The experts University, where he was studying computer In the city of Denham Springs, 90 per- in their field are saying: Don’t put this science on a full academic scholarship. But cent of homes flooded, and in about product on the market, but they do it most recently he had, and died from, Sub- half of the structures flooded, it will anyway. We are saying: Stop that prac- stance Use Disorder. cost owners over 50 percent of the Emmett was a caring, funny, smart young tice. And they will not be able to do man with the potential for greatness. He value of the building to repair. Ninety that anymore if we pass this piece of loved his brother and sister, biking and percent of the housing stock in this legislation. snowmobiling and had a smile and charm town has been flooded. My good friend from Louisiana, who that could light up a room, but it won’t ever According to the estimates by the is a doctor, understands Jessie’s Law. again because he had and died from Sub- Advocate newspaper—the paper in the Jessie’s Law basically would say this: stance Use Disorder. Baton Rouge area—as many as 12,000 If you have a member of your family— You see, Substance Use Disorder is not Baton Rouge area businesses flooded. a child, and you are the guardian or something to be ashamed of or hidden. It is The National Flood Insurance Program a DISEASE that has to be brought out into the parent and you go to , the light and fought by everyone. It con- has found that when businesses floods, both the child who is trying to recover tinues to cut down our loved ones every day. as much as 40 percent of them never re- from an addiction and the parents sign Please do whatever you can to fight it so open. For a small business to reopen that this child has an addiction and that you never have to feel what every one of their doors, there is great cost, and this child is in recovery right now, so us who has lost a loved one is feeling right this can prove too great to rebuild. The be very careful what you administer. now. We all thank you for your condolences consequence of this is to the owner of Red flag that. Make sure—the same as and prayers and ask that you continue to the business, but it is perhaps felt more if they were allergic to penicillin—that pray for Emmett’s soul and our family. . . . greatly by the employees—and their Please come to the church where he and his everyone who handles their chart Dad attended their 12–Step Recovery Pro- families—who lose their jobs. knows. gram together and enjoyed the best years of This flooding caused $8.7 billion in A young girl named Jessie Grubb in their lives together. . . . Our family cannot damage. If you take out hurricanes, my State of West Virginia died because begin to express how much the outpouring of this has been the most expensive nat- the discharging physician was not love and support we have received means to ural disaster to happen in the United made aware of her condition and pre- us. Knowing our son was loved by so many States in the last 100 years. Let me re- scribed 50 oxycodone. She used 10 of simply means the world to us! peat that. Take out Sandy and Katrina, them, and she was dead at 1 o’clock in No parent should ever have to write and we have the most expensive nat- the morning, the same day she got dis- their child’s obituary, especially when ural disaster in the last 100 years—$8.7 charged. This can be prevented. This it was preventable. billion. piece of legislation should have been We have to come to grips with this as No one was prepared, and it is not passed, and I am hoping we can come a society. We are losing a generation. their fault. Less than a quarter of the to grips with that. We are losing a generation that could population had flood insurance because I am going to read one letter, if the be helping us economically, that could the flood occurred in areas more than Senator from Louisiana will indulge be helping us find new cures for dis- 50 feet above sea level. One fellow who me, my good friend and colleague from eases, that could be helping us in main- called me lives 7 miles from the river, Louisiana. I am going to read the obit- taining the superpower of the world and he got 4 feet of water. He did not uary of Emmett Scannell. This obit- and the world order. expect to have a flood and was not re- uary was written by Emmett I look at this, and every day people quired to have flood insurance. Why Scannell’s father. No father should are pleading for help. They need help. would you when you are 7 miles away ever have to write his own child’s obit- I ask all of you to pray for Emmett from the river? uary. and his family, but also, if you have a Thousands of families were com- I have spoken with Mr. Scannell. He problem in your family, speak out pletely caught off guard by a thousand- has given me permission to share his about it. Let’s get the help that is year flood and are now struggling to son’s story as part of his ongoing ef- needed. We have professionals who pick up the pieces. They need our help. forts to break down the stigma sur- want to help. As a body, let’s do the They are trying to make a decision rounding addiction. The first thing you right thing and find a funding source so whether to rebuild or just move on: We break down is the silence. Parents are that we can put the clinics and the can’t afford to repair our house. We willing to speak out now. They want treatment centers around the country owe more than it is worth. Let’s just help. They want us to recognize that that are needed. walk away from our mortgage, buy a they need help, and we need laws to In the State of West Virginia, my trailer, and hopefully be able to do help protect them. colleague Senator CAPITO knows very something different in the future. On April 20, 2016, our 20 year old son, Em- well that we have a challenge and we Here are a couple of examples of fam- mett J. Scannell, lost his battle to Sub- have a problem and we have a killer, ilies affected. This is a street. This is stance Use Disorder and died due to a heroin and we are going to stop it, rid it, and not a lake; this is a street. This is a overdose. Emmett had been in recovery and wipe it out. family being evacuated by volunteers. sober in Alcoholics Anonymous for 2 years I yield the floor. The water was too deep for them to get when he went off to college in late August The PRESIDING OFFICER. The Sen- out. You can imagine, if this is on the 2014. Within 6 weeks, heroin came into his ator from Louisiana. street, it is also in the house. And that and our lives, stole him from us, and Sub- stance Use Disorder killed him in only 18 Mr. CASSIDY. Mr. President, I have which most people keep—wedding months. spoken on the floor twice now to tell dresses, picture albums, toys, clothes— Adored brother of Zachary Scannell and the stories of the devastation caused is flooded too. When the water recedes Alice D’Arpino of Mansfield. Beloved son of by the great flood of 2016 and the depth and the water goes out of the house, Aimee Manzoni-D’Arpino (and her husband of need the families of Louisiana have. also what goes out are these heirlooms, John A. Manzoni-D’Arpino) of Mansfield and Since I last spoke, about 10,000 more picture albums, clothes, and piles of de- William E. Scannell (and his life partner, people have applied for individual as- bris on the side of the road. Brenda Rose) of Bridgewater; Nephew of sistance through FEMA, and now about Let me also remind you of Dorothy Paula Mountain and Brian Mountain of Raynham and Brian Scannell of Raynham; 150,000 folks in Louisiana have applied Brooks. She is 78 years old. In this pic- grandson of Peter and Patricia Campos for individual assistance. This is a seri- ture, she was being rescued out of 3 Manzoni of Easton and Paul Scannell and ous, immediate issue, and we need help feet of water. You can see the water Nora Scannell, both of Raynham; loving for those who are in great need. here next to the deputy’s leggings. This

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.024 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6181 is in Tangipahoa Parish, and this is That is why I have always, through the We are going to work together to make Sergeant Thomas Wheeler. Dorothy re- course of my legislative career, looked sure we can secure additional funding, lies on a wheelchair. As you might favorably to try and help particular if that is what our Governors—and I guess, she could not evacuate, nor areas of this country that need extra think both of our Governors have iden- could she prepare for the flooding. assistance. Senator CASSIDY has been tified additional problems. Dorothy is not the only person who is particularly effective here, and it has I thank the leader, Senator MCCON- handicapped or who is a senior citizen been my pleasure to work with him and NELL. I think this has been a week of who was affected. At their age, they others on this subject. pushes and pulls and ups and downs. I have been unable to evacuate but also I have already talked on this topic think he was very skillful by working unable to carry out the repairs once earlier in the week. We are close to with the Democratic leader and the the floodwaters recede. One example of having a vote on this legislation, and leaders over in the House, and we now this is Roy and Vera Rodney—both in hopefully it will pass so we can bring have a good pathway forward. I wish to their eighties—who had 4 inches of badly needed relief not only to Lou- express my appreciation to him for his water in their house. It was not a isiana, West Virginia, and other places leadership and his ability to, I think, whole lot, but 4 inches. The FEMA in- but to also have the funding that will find an answer to some very difficult spector told them their home was hab- carry us through December. questions. itable, so they were denied repairs and I am a member of the Appropriations I also thank our Appropriations rental assistance. Being in their Committee, and the Senator from Lou- chair, Senator COCHRAN, for his work eighties and having no family in town, isiana is a member as well. I think we on this bill. they couldn’t gut and repair their are both frustrated that we are at a I wish to speak about Flint, MI, for a home on their own. The water sat, and point where we have a continuing reso- few minutes. Nearly 7 months ago, I there was damage to the carpet. Their lution after passing our appropriations was one of the very first cosponsors of belongings sat. Mold came in, mold bill out of the Appropriations Com- the bipartisan legislation that Senator spread, and now their house is too mittee in a bipartisan way. I think we STABENOW introduced, along with unhealthy to live in. They have evacu- worked well together to provide the Chairman INHOFE and Ranking Member ated to family who live far away, and greatest impact and voice on indi- BOXER, that would direct resources to while there, they are not available to vidual bills, but unfortunately that address the serious water problem in let volunteers come in to gut their process broke down. We are where we Flint. I strongly supported the inclu- house. In the weeks that they have are, and in between the time of those sion of the Flint provisions in the been forced to wait, the house has re- appropriations bills, West Virginia suf- Water Resources Development Act, as mained ungutted and mold has contin- fered one of the worst floods we have did many of us, and the vote was 95 to ued to spread. Because they could not seen. 3, 2 weeks ago. get their aid in time, the cost of recov- A State like West Virginia has small I know the leadership is committed ery has grown. communities, such as Clendenin, to taking final action to help Flint The Rodney story is the story of the Rainelle, Richwood, and Clay. These later in the year, and I wholeheartedly whole region. Dollars to help that come are small towns much like every small support that. Unfortunately, West Vir- sooner will have a greater impact than town in America, and there are people ginia had a water crisis, too, and al- the same amount of money that comes who are still not able to get back into though the impact we had was different later. Again, if the Rodneys had been their homes and water systems that than what we saw in Flint, we know able to take out 4 inches of wet base- have not been running since June. how devastating it is for businesses and board, furniture, carpet, wood flooring, Banks of creeks and water systems are residents to not have clean drinking their home would have dried and they still in disrepair. water. This also has critical funding would have rebuilt. Because they could In order for folks to get their needed for our veterans and the opioid and not, mold spread, the damage in- assistance, we need to pass this con- heroin crisis we see sweeping across creased, and now the whole house has tinuing resolution. Our Governor has the country. to be remediated. The same amount of identified 310 million additional dollars I see my colleague from Maryland is money sooner has a greater impact through the Federal Community Devel- here. Her State has also had some than later. That is the story of us seek- opment Block Grant Program, and an flooding as well. We are right next door ing funding for Louisiana in the CR. overwhelming amount of this—90 per- to one another, and I thank the Sen- Helping each other is a fundamental cent of the homes that have now been ator for her leadership. American value. I ask all my col- impacted—was not covered by flood in- With that, I yield back the remainder leagues to support this continuing res- surance. The $310 million, which the of my time. olution with the money for disaster re- State has identified as a real need, was The PRESIDING OFFICER. The Sen- lief for families—not just in Louisiana supposed to go to putting folks back in ator from Maryland. but also in Louisiana—who have been their homes, new homes, and homes Ms. MIKULSKI. Mr. President, I rise faced with natural disasters, to help that any one of us would want to live in support of voting for the continuing families like these who have lost ev- in, but unfortunately they were not resolution. Over the last several days, erything put their lives back together. able to do that. there have been votes I have had to op- Let’s do what is right and pass this leg- More than 5,000 homes in the State of pose, but I think we have arrived at a islation so we can help relieve these West Virginia were identified as a loss. place where both sides of the aisle can flood victims. Twenty-three people lost their lives in support this continuing resolution. Is I yield the floor. the flood because it came so suddenly. it perfect? No. Is it acceptable? Yes. Is The PRESIDING OFFICER. The Sen- West Virginia has beautiful hills, but it necessary? Absolutely. ator from West Virginia. we also have some valleys as well. The first thing we need to do is make Mrs. CAPITO. Mr. President, I thank When the water rushes, it rushes fast sure we do not have a government my colleague from Louisiana for all and quickly fills those valleys, and un- shutdown or a government slamdown. the hard work he has done to try and fortunately some of the families had Those wonderful men and women who make sure those folks he talked about, very tragic circumstances. Many fami- work for the Federal Government, and those tragedies he has brought to lies, thousands of them, lost every- those who are keeping our Social Secu- light for all us, are getting the best as- thing. Small businesses are unsure if rity offices open, those who serve our sistance they deserve. they can rebuild and workers don’t veterans, and those who are working at I think every State, whether it is know if they still jobs. I know the town NIH right this minute on a cure for Louisiana, West Virginia, Georgia, or of Clendenin—19 miles from where I cancer or helping people with Alz- wherever we live, we are all subjected live in Charleston—has a very uncer- heimer’s need to know we are not going to a national emergency at some point. tain future, and that is why it is very to play partisan politics with last- It could be a flood, fire, large snow- important that we get this downpay- minute dramatic efforts to get one storm, windstorm, or tornado—any of ment of emergency relief for our State party or the other to stare each other these events could happen to any of us. and States like Louisiana and Texas. down.

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.026 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6182 CONGRESSIONAL RECORD — SENATE September 28, 2016 This continuing resolution, which other bills we are going to be dealing The clerk will call the roll. will be before our colleagues shortly, with, which will be very important, The bill clerk called the roll. meets three goals that we Democrats and I will have more to say about it. Mr. DURBIN. I announce that the have laid out. No. 1, it keeps the gov- What I am saying now, to my side of Senator from Virginia (Mr, KAINE) and ernment open through December 9 so the aisle, is that this is an acceptable the Senator from Vermont (Mr. SAND- we can finish the work on government compromise. It might not be the most ERS) are necessarily absent. spending and what they call an omni- desirable, and we could continue to de- I further announce that, if present bus bill, meaning all of the subcommit- bate and dispute that, but it is accept- and voting, the Senator from Virginia tees that would fund the U.S. Govern- able. (Mr. KAINE) would vote ‘‘yea’’. ment; No. 2, that we do it in a way that I urge my colleagues to vote for the The PRESIDING OFFICER. Are there abides by the balanced budget agree- bill, and I look forward to keeping our any other Senators in the Chamber de- ment of 2015; No. 3, ensure that it does government open and working on the siring to vote? not contain draconian poison pill rid- final product of an omnibus bill with The yeas and nays resulted—yeas 77, ers, which is true with one regrettable my chairman of the Appropriations nays 21, as follows: exception, the SEC political disclosure Committee, the Senator from Mis- [Rollcall Vote No. 149 Leg.] rider, which is where we tell corpora- sissippi, who again wants to achieve tions that if they give money to polit- compromise and do it in a way that is YEAS—77 ical parties, they need to disclose it. civil. Alexander Durbin Murphy The bill does do important things. I yield the floor. Ayotte Enzi Murray Baldwin Ernst Nelson First of all, it fights Zika with $1.1 bil- The PRESIDING OFFICER. The Sen- Barrasso Feinstein Portman lion worth of emergency funding with- ator from South Carolina. Bennet Fischer Reed out objectionable riders restricting Mr. GRAHAM. Mr. President, I sug- Blumenthal Flake Reid gest the absence of a quorum. Blunt Gardner Risch funding. It also contains funding for Boozman Gillibrand our veterans so they get the health The bill clerk proceeded to call the Roberts Boxer Grassley Rounds care they deserve and have earned so roll. Brown Hatch Rubio Burr Heinrich we can shrink the disability backlog Mr. MCCONNELL. Mr. President, I Schatz Cantwell Hirono Schumer and that we don’t leave the veterans ask unanimous consent that the order Capito Hoeven Shaheen stranded while waiting to see a doctor. for the quorum call be rescinded. Cardin Isakson Shelby The PRESIDING OFFICER (Mr. Carper Johnson I wish to compliment those who Sullivan worked on that particular funding. I BOOZMAN). Without objection, it is so Casey King Cassidy Kirk Tester also want to say it does contain dis- ordered. Coats Klobuchar Thune aster relief for flooded communities CLOTURE MOTION Cochran Leahy Tillis Toomey like Louisiana and West Virginia, but Mr. MCCONNELL. Mr. President, I Collins Manchin Coons McCain Udall the bill does not respond to the compel- move to proceed to the motion to re- Corker McCaskill Vitter ling needs in Flint, MI. However, we do consider the motion to invoke cloture Cornyn McConnell Warner have leadership on both sides of the on Senate amendment No. 5082 to H.R. Cotton Mikulski Whitehouse aisle and both sides of the dome pledg- Crapo Moran Wicker 5325. Donnelly Murkowski Wyden ing to get money to Flint during the The PRESIDING OFFICER. The lameduck session. question is on agreeing to the motion. NAYS—21 I commend Senators STABENOW and The motion was agreed to. Booker Inhofe Perdue PETERS for their advocacy—those of Mr. MCCONNELL. I move to recon- Cruz Lankford Peters Daines Lee Sasse the Senators from Michigan—for their sider the motion to invoke cloture on Franken Markey Scott constituents. There are still 100,000 Senate amendment No. 5082 to H.R. Graham Menendez Sessions people in Flint, MI, waiting for their 5325. Heitkamp Merkley Stabenow water pipes to be clean and safe. Small The PRESIDING OFFICER. The Heller Paul Warren business owners are trying to keep question is on agreeing to the motion. NOT VOTING—2 their doors open, and mothers are wor- The motion was agreed to. Kaine Sanders ried about whether their children will The PRESIDING OFFICER. Pursuant The PRESIDING OFFICER. On this suffer any cognitive damage as well as to rule XXII, the Chair lays before the vote, the yeas are 77, the nays are 21. slow growth and development in the fu- Senate the pending cloture motion, ture due to the lead in their water. which the clerk will state. Three-fifths of the Senators duly cho- When we were fighting for Flint, we The bill clerk read as follows: sen and sworn having voted in the af- firmative, the motion, upon consider- were fighting for the 100,000 people who CLOTURE MOTION ation, is agreed to. needed to be able to count on their gov- We, the undersigned Senators, in accord- ernment so we could get the lead out of ance with the provisions of rule XXII of the Cloture having been invoked, the mo- what we do and get the lead out of Standing Rules of the Senate, do hereby tion to commit falls. their waters. We were disappointed move to bring to a close debate on Senate The majority leader. about Flint, but we do know it con- amendment No. 5082 to H.R. 5325, an act AMENDMENTS NOS. 5083 AND 5085 WITHDRAWN making appropriations for the Legislative tains an approach that is acceptable to Mr. MCCONNELL. Mr. President, I the Senators and the Members from Branch for the fiscal year ending September 30, 2017, and for other purposes. ask unanimous consent to withdraw Michigan. Mitch McConnell, Mike Rounds, Thad amendments Nos. 5083 and 5085. This bill includes $1 billion for Zika Cochran, John Cornyn, Daniel Coats, The PRESIDING OFFICER. Is there funding that I talked about, and it also Roger F. Wicker, Thom Tillis, John objection? funds money for our veterans. I could Barrasso, Lamar Alexander, John Without objection, it is so ordered. elaborate on this more, but what I Hoeven, Pat Roberts, Orrin G. Hatch, Under the previous order, all Susan M. Collins, Lisa Murkowski, want to say is this. Through a con- postcloture time is expired. versation that was arrived at by talk- , Tom Cotton. ing across both sides of the aisle, we The PRESIDING OFFICER. By unan- VOTE ON AMENDMENT NO. 5082 were able to get through this legisla- imous consent, the mandatory quorum Mr. MCCONNELL. Mr. President, I tion. call has been waived. ask unanimous consent to vitiate the I thank the Republican leader, Sen- The question is, Is it the sense of the yeas and nays on the amendment. ator MCCONNELL, for his work and talk- Senate that debate on amendment No. The PRESIDING OFFICER. Is there ing with me as well as working with 5082, offered by the Senator from Ken- objection? our leadership to achieve a bill I think tucky, Mr. MCCONNELL, to H.R. 5325, Without objection, it is so ordered. we can support. We want to make sure shall be brought to a close, upon recon- The question is on agreeing to we finish the job today so we can keep sideration? amendment No. 5082. the government open and that we pass The yeas and nays are mandatory The amendment (No. 5082) was agreed the omnibus in December, among the under the rule. to.

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CLOTURE MOTION Reid Shaheen Udall NAYS—26 Risch Shelby Vitter Mr. MCCONNELL. Mr. President, I Booker Leahy Scott Roberts Sullivan Warner Corker Lee move to proceed to the motion to re- Rounds Tester Sessions Whitehouse Cruz Markey Rubio Thune Stabenow consider the motion to invoke cloture Wicker Flake Menendez Schatz Tillis Warren on H.R. 5325. Wyden Franken Merkley Schumer Toomey Whitehouse The PRESIDING OFFICER. The Graham Paul Wyden question is on agreeing to the motion. NAYS—21 Heitkamp Perdue Heller Peters Booker Inhofe Perdue The motion was agreed to. Inhofe Risch Cruz Lankford Peters Mr. MCCONNELL. Mr. President, I Lankford Sasse Daines Lee Sasse move to reconsider the motion to in- Franken Markey Scott NOT VOTING—2 voke cloture on H.R. 5325. Graham Menendez Sessions Kaine Sanders The PRESIDING OFFICER. The Heitkamp Merkley Stabenow question is on agreeing to the motion. Heller Paul Warren The bill (H.R. 5325), as amended, was The motion was agreed to. NOT VOTING—2 passed. The PRESIDING OFFICER. Pursuant Kaine Sanders The PRESIDING OFFICER. The Sen- ator from Alabama. to rule XXII, the Chair lays before the The PRESIDING OFFICER. On this Senate the pending cloture motion, vote, the yeas are 77, the nays are 21. f which the clerk will state. Three-fifths of the Senators duly cho- MORNING BUSINESS The bill clerk read as follows: sen and sworn having voted in the af- Mr. SHELBY. Mr. President, I ask CLOTURE MOTION firmative, the motion, upon reconsider- unanimous consent that the Senate be We, the undersigned Senators, in accord- ation, is agreed to. in a period of morning business, with ance with the provisions of rule XXII of the The majority leader. Senators permitted to speak therein Standing Rules of the Senate, do hereby Mr. MCCONNELL. Mr. President, I move to bring to a close debate on H.R. 5325, for up to 10 minutes each. know of no further debate on H.R. 5325. The PRESIDING OFFICER. Is there an act making appropriations for the Legis- The PRESIDING OFFICER. Is there lative Branch for the fiscal year ending Sep- objection? tember 30, 2017, and for other purposes. further debate on the measure? Without objection, it is so ordered. If not, the question is on the engross- Mitch McConnell, Mike Rounds, Thad f Cochran, John Cornyn, Daniel Coats, ment of the amendment and third read- Thom Tillis, Roger F. Wicker, John ing of the bill. UNANIMOUS CONSENT REQUEST— Barrasso, Lamar Alexander, John The amendment was ordered to be PRESIDENTIAL NOMINATION Hoeven, Pat Roberts, Orrin G. Hatch, engrossed, and the bill to be read a Mrs. MURRAY. Mr. President, I ask Susan M. Collins, Lisa Murkowski, third time. Steve Daines, Tom Cotton. unanimous consent that the Senate The bill was read the third time. proceed to executive session and the The PRESIDING OFFICER. By unan- The PRESIDING OFFICER. The bill Banking Committee be discharged imous consent, the mandatory quorum having been read the third time, the from further consideration of PN1053, call has been waived. question is, shall the bill pass? the nomination of John Mark The question is, Is it the sense of the Mr. MCCONNELL. I ask for the yeas McWatters, of Texas, to be a Member of Senate that debate on H.R. 5325, an act and nays. the Board of Directors of the Export- making appropriations for the Legisla- The PRESIDING OFFICER. Is there a Import Bank; that the Senate proceed tive Branch for the fiscal year ending sufficient second? to its consideration and vote without September 30, 2017, and for other pur- There appears to be a sufficient sec- intervening action or debate; that if poses, shall be brought to a close, upon ond. confirmed, the motion to reconsider be reconsideration? The clerk will call the roll. considered made and laid upon the The yeas and nays are mandatory The bill clerk called the roll. table with no intervening action or de- under the rule. Mr. DURBIN. I announce that the bate. The clerk will call the roll. Senator from Virginia (Mr. KAINE) and The PRESIDING OFFICER. Is there The senior assistant legislative clerk the Senator from Vermont (Mr. SAND- objection? called the roll. ERS) are necessarily absent. Mr. SHELBY. I object. Mr. DURBIN. I announce that the I further announce that, if present The PRESIDING OFFICER. Objec- Senator from Virginia (Mr. KAINE) and and voting, the Senator from Virginia tion is heard. the Senator from Vermont (Mr. SAND- (Mr. KAINE) would vote yea. The Senator from Oregon. ERS) are necessarily absent. The PRESIDING OFFICER (Mr. f I further announce that, if present TOOMEY). Are there any other Senators and voting, the Senator from Virginia in the Chamber desiring to vote? ONE-YEAR ANNIVERSARY OF UMP- (Mr. KAINE) would vote yea. The result was announced—yeas 72, QUA COMMUNITY COLLEGE The PRESIDING OFFICER. Are there nays 26, as follows: SHOOTING any other Senators in the Chamber de- [Rollcall Vote No. 151 Leg.] Mr. WYDEN. Mr. President, I want to siring to vote? YEAS—72 thank Senator MERKLEY and Senator The yeas and nays resulted—yeas 77, Alexander Daines Moran PETERS for their courtesy to speak for nays 21, as follows: Ayotte Donnelly Murkowski a few minutes. [Rollcall Vote No. 150 Leg.] Baldwin Durbin Murphy In a few days, it will be exactly 1 Barrasso Enzi Murray YEAS—77 Bennet Ernst Nelson year since the tragic shooting that Alexander Collins Hoeven Blumenthal Feinstein Portman took nine innocent lives and left nine Ayotte Coons Isakson Blunt Fischer Reed more injured at Umpqua Community Baldwin Corker Johnson Boozman Gardner Reid Barrasso Cornyn King Boxer Gillibrand Roberts College, outside of Roseburg, OR. Sen- Bennet Cotton Kirk Brown Grassley Rounds ator MERKLEY and I will be there in a Blumenthal Crapo Klobuchar Burr Hatch Rubio few days. We understand that for the Blunt Donnelly Leahy Cantwell Heinrich Schatz families and the friends of those lost or Boozman Durbin Manchin Capito Hirono Schumer Boxer Enzi McCain Cardin Hoeven Shaheen injured—the students, faculty, and Brown Ernst McCaskill Carper Isakson Shelby staff—this time is going to be a painful Burr Feinstein McConnell Casey Johnson Sullivan reminder of an extraordinarily difficult Cantwell Fischer Mikulski Cassidy King Tester Capito Flake Moran Coats Kirk Thune day. Cardin Gardner Murkowski Cochran Klobuchar Tillis Senator MERKLEY and I are so proud Carper Gillibrand Murphy Collins Manchin Toomey of that community. We call it ‘‘UCC Casey Grassley Murray Coons McCain Udall Strong.’’ Yet we want to remember Cassidy Hatch Nelson Cornyn McCaskill Vitter Coats Heinrich Portman Cotton McConnell Warner those individuals whose lives were Cochran Hirono Reed Crapo Mikulski Wicker ripped away that day and all in the

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Nine incred- begins.’’ She was ready for the adven- Oregonians everywhere have had these ible, innocent people were taken from ture of a life to come, but it was an ad- victims and their families in their us in the blink of an eye. venture that was cut short in a hail of thoughts, and those thoughts are going I want to take a moment to share the bullets. to be uppermost throughout Oregon in names of those nine victims and to say Though the persistence of time may the days ahead. a few words about each of them. force us to move forward, we must Senator MERKLEY and I have spent a There is 19-year-old Lucero Alcaraz, never forget these beautiful members lot of time in Roseburg over the last who was a freshman who had graduated of the community or forget the tragedy few months. Folks there will tell you from Roseburg High School. She want- that took their lives. Their families, they do all they can to go forward, but ed to become a pediatric nurse and to the Roseburg community, the Douglas the trauma doesn’t really disappear. help care for the most vulnerable of County community, and the entire Whether it is a walk past Snyder Hall our citizens. State of Oregon continues to mourn or the sight of a student running on Quinn Cooper was a member of the their loss. campus, the painful memories just Cow Creek Band of Indians who grad- There is an Irish saying which goes: keep rushing back. uated with Lucero from Roseburg High ‘‘Death leaves a heartache no one can As the school presses on, there are a School. That fateful October day was heal, love leaves a memory no one can lot of exciting developments on the only his fourth day of college. He loved steal.’’ Our hearts continue to ache for campus. There is a new college presi- dancing and voice acting. He loved these nine wonderful individuals who dent hard at work. The school just martial arts and was just a few days were taken from us far too soon. In the opened its doors to the new Bonnie J. away from taking his brown belt test. aftermath of this tragedy, the fabric of Ford Health, Nursing, and Science Cen- Lucas Eibel graduated from Roseburg the Roseburg community and greater ter, with state-of-the-art classrooms. High School. Lucas was studying chem- Douglas County community has only Extraordinary resilience is being seen istry. He loved soccer. He loved ani- grown stronger. The community has at UCC and Roseburg, but this is going mals. He spent his time out of school rallied together through the UCC to be a very difficult few days as we re- volunteering at the Wildlife Safari ani- Strong Fund to support the families of flect on this horrendous shooting. Of mal park, as well as at a local animal those who died, to give aid to those course, the sad reality is that the shelter. who survived, to make Umpqua Com- shooting takes place on a long list of There is 20-year-old Treven Anspach. munity College an even greater asset such shootings—horrible mass shoot- His parents called him the perfect son, to the community than it was a year ings targeting the innocent. Families who was, in their words, larger than ago, and to celebrate the lives of these and across the country scarred by the life and brought out the best in those nine men and women and ensure that shootings share a sorrowful bond. around him. He was a talented athlete their memories continue to live on. I know that Roseburg and the move- who also loved working with the Doug- This Saturday, another autumn Oc- ment we know as UCC Strong and the las County Fire District. tober 1, the community will come to- whole State of Oregon have come to- Kim Dietz loved the outdoors, her gether and walk together to mourn, re- gether over this last year to support husband Eric, their daughter Shannon, member, and support the families of the families, the victims, and those and their two Great Pyrenees dogs. She those lost, embrace and help heal those who were injured. Over the next few would carpool with Shannon every who were injured and those who were days, Senator MERKLEY and I are going morning and worked alongside her hus- traumatized, and continue to rebuild to dedicate and redouble our efforts to band for many years as a caretaker at the community. As they come together do all that we possibly can to reach out the Pyrenees Vineyards in Myrtle on Saturday morning, all of Oregon again to folks in Roseburg and be sup- Creek. will come together with them by hold- portive and do everything we can as Jason Johnson. Jason had been fac- ing them in our thoughts, our hearts, Senators, honored to represent Oregon ing substantial challenges, as so many our prayers, and mourning with them. in the U.S. Senate, to prevent more others have, but he was proud to have We will be remembering, supporting, shootings such as the horrible one that taken control and turned his life embracing them, and partnering with took place at UCC in Oregon. around. After completing a 6-month the amazing Umpqua Strong commu- I yield the floor to my colleague Sen- rehab program with the Salvation nity. ator MERKLEY. Army, Jason decided he wanted to go I thank the Presiding Officer. I very much appreciate the chance to back to school and continue his edu- I yield the floor. work with him and our delegation on cation. Jason’s mother said: ‘‘He fi- The PRESIDING OFFICER. The Sen- this. nally found his path. ator from Michigan. I yield the floor. Sarena Moore. Sarena came from my f The PRESIDING OFFICER. The Sen- hometown of Myrtle Creek. She was in ator from Oregon. her third semester at UCC studying FUNDING FOR FLINT, MICHIGAN Mr. MERKLEY. Mr. President, I join business. She was an active member of Mr. PETERS. Mr. President, I wish with my friend and colleague, Senator the Grants Pass Seventh-day Adventist to take a moment to thank my col- WYDEN, to recognize the somber anni- Church and the proud mother of two leagues for their ongoing support and versary of the tragedy that struck our adult sons. patience as we continue to fight to de- home State of Oregon a year ago. On Lawrence Levine was an English pro- liver Federal support for Flint fami- October 1, 2015, the town of Roseburg fessor at UCC who loved the blues, and lies. With an agreement earlier today was changed forever. he loved fly fishing. He was a quiet, to take up a bipartisan House amend- Roseburg is a quiet, beautiful, small laidback guy who loved teaching, but ment to the Water Resources Develop- town, like so many others across our his true passion lay in writing novels, ment Act, or WRDA, we have taken an- Nation. I spent part of my childhood in though tragically his life was cut short other step forward to finally put Flint Roseburg. I was there as a toddler, in before he could publish his work. on the road to recovery. kindergarten and first grade. That is Rebecka Ann Carnes. She was my Just a few days ago, we still had where I learned to swim, in the Ump- first cousin’s great-granddaughter. She some Members in Congress who were qua River. It is a place where I find it was an 18-year-old graduate of South refusing to allow even a vote to provide hard to imagine anything terrible hap- Umpqua High School. She was an avid any assistance to the families in Flint, pening. hunter and loved four-wheeling. but with this agreement, we now have Community members are so sup- Rebecka was a beautiful spirit. She a commitment from the House leader- portive of each other, but something was excited for college and excited to ship to move forward in helping Flint terrible did happen that beautiful au- get out and explore the world. In a pic- families. While I am pleased with this tumn day of October 1, when the lives ture she posted online, you can see development, I remain disappointed of 9 Oregonians—students and teach- that she had written on her high school that the passage of today’s continuing ers—at Umpqua Community College graduation cap, which she was holding resolution will not deliver Federal were tragically cut short by the ac- in front of her, ‘‘and so the adventure funding to Flint residents.

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.042 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6185 To be clear, I strongly support con- We should do right by the people of One of the major responsibilities of tinuing to fund the government, and I Flint as well as the victims of flooding, our jobs here in the Senate and the believe there are many good policies in Zika, and other national emergencies. House is to fund the Federal Govern- the CR. It contains resources to ad- Over the coming weeks, I will be ment, to take care of discretionary dress the spread of the Zika virus and working to ensure that we follow needs such as those heard today from disaster relief for flood victims, both of through on the promises that were Flint, MI, Louisiana, West Virginia, which I support a great deal. In fact, made to the people of Flint this week and Maryland. These are valid needs, we know the threat Zika poses to our in both Chambers of Congress. We must but every dime we spend in our discre- Nation’s public health, and it is crit- send a bill to the President that will tionary spending is borrowed. I will ical that we have finally passed fund- help the people of Flint continue to re- talk more about that a little later. We ing to accelerate vaccine development, place their damaged pipes so they can have some speakers today who are prevent Zika transmission, and boost turn their faucets on and have clean, going to talk about the results of not public health efforts to the impacted safe water flowing from their taps once having a budget process that works. communities. In addition to addressing again. I certainly hope and expect that This chart explains that over the last these emergencies, I also support the my colleagues in both Chambers will 42 years, since 1974, there were four inclusion of legislation to fully fund not let the people of Flint down in times that the 13 appropriations bills military construction and the VA for their desperate time of need. actually got passed and we funded the the coming year. I yield the floor. government the way we are supposed As a former lieutenant commander in The PRESIDING OFFICER. The Sen- to. the U.S. Navy Reserve, I support in- ator from Delaware. The blue lines are the actual appro- vestments in VA programs, military (The remarks of Mr. COONS and Mr. priations bills. Since 1998—somewhere personnel, and family housing for our BOOKER pertaining to the introduction in there—we went from 13 bills to 12 servicemembers. This critical funding of S. 3432 are printed in today’s RECORD bills that actually fund. These are ap- will also address disability claims proc- under ‘‘Statements on Introduced Bills propriations bills that fund the Federal essing, the health care needs of female and Joint Resolutions.’’) Government. They fund $1.1 trillion of veterans, and the urgent need to mod- Mr. BOOKER. Mr. President, I sug- a $3.9 trillion spend of the Federal Gov- ernize the VA’s information technology gest the absence of a quorum. ernment. systems. Inclusion of veterans funding The PRESIDING OFFICER. The This chart shows that over the life of and resources to fight Zika had broad clerk will call the roll. this law—these are the laws, the appro- bipartisan agreement, but I think it is The senior assistant legislative clerk priation bills that have been passed important to know the Senate also proceeded to call the roll. each year, and the average is the red Mr. PERDUE. Mr. President, I ask reached consensus on providing much line. The average over this period of unanimous consent that the order for needed relief to the victims in Flint by time is 2.6 bills of the 12 or 13 bills that passing a WRDA bill earlier with 95 the quorum call be rescinded. The PRESIDING OFFICER. Without have to be passed to fund the govern- votes, but these fully paid-for Flint re- objection, it is so ordered. ment. sources were put on hold while disaster Over the last 19 consecutive years, we relief for flood victims in Louisiana f have used 107 continuing resolutions to was included in the CR. I support help- OUR BUDGET PROCESS get past the fiscal year to make sure ing the people of Louisiana, but I also Mr. PERDUE. Mr. President, I rise we fund the government on the first strongly believe we should not be in a today and ask unanimous consent to day of the new fiscal year. position where we pick some States to engage in a colloquy with my Repub- This is how serious this is. Next Mon- help and not others. Everybody, no lican colleagues up through the next day is the first day of the next fiscal matter who they are or where they hour. year, fiscal year 2017. We sitting here live, if they are facing a crisis, if the The PRESIDING OFFICER. Without today are voting on the CR to get us U.S. Congress is going to help those in objection, it is so ordered. past this day so the government need, we need to help everyone regard- Mr. PERDUE. Mr. President, I be- doesn’t have to shut down next week— less of where they live. Americans are lieve what we are going to talk about those dreaded words of ‘‘irrespon- Americans regardless of the State in over the next hour is one of the most sibility’’ and ‘‘intransigence.’’ Quite which they reside; therefore, I could important issues facing our govern- frankly, this is part of the problem be- not support a government spending bill ment. cause what happens is what happened that will once again force the citizens We sat here today and listened to a last year. of Flint to wait for the help they so lot of very valid pleas for help from the The dysfunction in the system is cen- desperately need. Federal Government. The reality is, we tered around this: The budget is not a It is simply unacceptable that a bi- don’t have the money. There are four law, it is a resolution. That means that partisan, fully offset Flint aid package words I have not heard in the U.S. Sen- a majority, with 51 percent of the votes was left out of the CR. There is no ex- ate or Congress, actually, since I have in this body, can pass a political state- cuse whatsoever for leaving the people been here over the last year and a half, ment. That is exactly what happened of Flint behind. It has been a year and those words are ‘‘We cannot afford last year. since the first public health emergency it.’’ Let me say this before we go any fur- declaration was made in Flint and over The problem is that right now we ther: Everything you hear today is 8 months since a national emergency have a budget crisis. We have a debt nonpartisan. This should be about a was declared. Yet almost 100,000 resi- crisis. Let me say this: Fixing the nonpartisan exercise that we have in dents of Flint still do not have a reli- budget process will not solve the debt funding the government. Yes, we are able source of safe water. They are still crisis. Let’s be very clear about that. going to have debates based on our par- using bottled water to drink, cook, and But we will not solve the debt crisis tisanship and based on what our beliefs bathe. unless and until we address the dys- and principles are, but the basic proc- I deeply appreciate the progress we function in our budget process. ess should be a politically neutral plat- have made so far, but Flint families The problem is that in the last 42 form that allows us to argue our dif- should not have to wait any longer. years, since the Budget Act of 1974, the ferences in the budget process, get to a When a disaster strikes in this coun- budget process has only worked four budget, move to the appropriations, try, we pull together to help each other times. and fund the government by the end of out. We should do that for all commu- This chart explains this fact. We can the fiscal year, and we have only done nities. We shouldn’t tell people who see the yellow lines show that—and I that four times in the last 42 years. have waited so long—yet we are telling hope my colleagues can focus on this— The dysfunction is centered around them—to get to the back of the line. only four times in the last 42 years has this. If you look at this chart, every This is why I cannot support this bill this budget process that was enacted in year we just don’t have enough time, which prioritizes one State’s emer- 1974 actually functioned at all to fund basically. And it is not just time, it is gency over another. the Federal Government. the process. The budget is based on a

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.044 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6186 CONGRESSIONAL RECORD — SENATE September 28, 2016 resolution, and 51 percent can vote for We just had passage of a continuing I thank Senator PERDUE for bringing it. Last year, as an example, the major- resolution today for a few weeks be- up this very important subject. We ity—the Republican majority, by the cause we can’t come to terms on long- need to stay in front of this and recog- way—voted a political bill that took term spending measures. Over a dozen nize that doing our job is tackling this $7.5 trillion out of the President’s bills passed out of appropriations with budget crisis, tackling the uncertainty budget over the next 10 years without strong bipartisan support and within that we, by failing to do our jobs, are one Democratic vote. Then we got to the constraints of the bipartisan budg- placing on every hard-working Amer- the authorization process—and the au- et, and now we can’t get them passed. ican and business in this country. thorization process, by the way, is a Why is that a problem? Because when With that, I yield the floor. law and they have to have 60 votes. So you have the world’s largest and most Mr. PERDUE. I say to Senator guess what. The people on the other complex entity that has ever existed TILLIS, thank you for coming to the side of the aisle, my friends, said: Well, that can’t figure out how much money floor and talking about this issue. With you didn’t ask our opinion in the budg- it is going to spend or commit on more your experience in State government et process, why do you want our help than about a 12-month cycle—and in North Carolina, you know that 44 now? So they don’t let us get on the ap- sometimes only a few months—how on States have a balanced budget law. propriations. We have some $310 billion Earth can you save money and make Guess what States don’t have a finan- that we are funding today that is not long-term investments? cial situation, a financial problem. authorized, over 256 agencies and pro- We were in a committee hearing yes- I thank the Senator for speaking. grams. terday where we heard that right now I note that my colleague from Okla- The next thing is we go to appropria- it takes an average of 15 years from the homa, Senator LANKFORD, is on the tion. Again, the minority party can concept of a new satellite to the time floor. stop the process by not letting us get we are launching it into space. How on He has been a warrior on this budget on the bills. Earth can we make those long-term in- before when he was in the House and We have a situation right now—this vestments when we can’t even be clear now in the Senate for the last 2 years. is nonpartisan, but it is a reality. The on what we are going to be spending I welcome his comments to speak Defense appropriations bill which funds money on but for every 12 months? about this as well. our military was passed unanimously This is a threat to our national secu- Senator LANKFORD. in committee, the way it was supposed rity. This is a threat to our economic The PRESIDING OFFICER (Mr. to operate. Democrats and Republicans security. This is a threat to the secu- GARDNER). The Senator from Okla- got together, worked it out, made rity of every man and woman in the homa. amendments, and came up with a bill United States because they can’t rely Mr. LANKFORD. Mr. President, this that funded our Federal Government’s on the government to provide busi- is a long-term issue. This is not some- military. Yet we tried six times to get nesses or individuals with any kind of thing new. I am amazed at the number it to the floor. There are political rea- certainty whatsoever. of times I run into people in Oklahoma sons why it hasn’t gotten to the floor, It is tough to make budget decisions, who say: Why can’t we seem to get the but it shows the dysfunction we have in but they need to be made. I know a lit- budget done now? What has happened? this process. tle bit about this because I was speaker I have said: Let’s back up for just a Mr. President, the time has come for of the house in North Carolina in 2011. second. Since 1974 we have done a budg- us to address this process. I am so ex- We had a budget crisis. We had a $2.5 et and done it correctly four times cited to have various Members of the billion debt and 6 months to solve it. total. The Congressional Budget Act freshman class here. We have the chair- Unlike the Federal Government, where was created right after Watergate, in man of the Budget Committee coming you can run up a deficit every year—it 1974, to try to create this more trans- down. We have some other senior Mem- is now almost $20 trillion—most parent process. What they created was bers who have been working on this for States, with the exception of maybe a process so incredibly difficult to years. work with that it has worked four I notice my good friend from the one or two, have a constitutional obli- times since 1974. We have only had 2 State of North Carolina, Senator THOM gation to balance the budget, so we did years since 1974 when we haven’t had a TILLIS, is here, and I will ask him to it. single CR. That is a continuing resolu- give us his perspective. There is a big What was the result of providing that tion. This body just passed another military effort in their State, and Sen- long-term certainty? Living within our continuing resolution, meaning the ap- ator TILLIS has been a soldier in this, means and actually having a trans- propriations process won’t be done on not only in the Senate but in his time parent and decisive budget process. We time again this year. That was settled as speaker of the house in North Caro- had one of the greatest economic turn- lina. arounds in any State in the Nation in today. The PRESIDING OFFICER. The Sen- the last 5 years. The issues we face with budgeting are ator from North Carolina. Being decisive and making the tough not new. It has been 20 years since we Mr. TILLIS. Thank you, Mr. Presi- decisions accrues a benefit to the busi- had no CR at all. This constant issue of dent. ness community, accrues a benefit to putting the big budget issues off and I thank my colleague and friend from every man and woman who lives in the trying to figure out how we are going the great State of Georgia for taking a United States, and it actually settles to navigate through the Senate proce- leadership position to really cleanse the global economic condition more dures and get the budget done has to the dysfunction and the problems that than most people know. stop. At some point we have to have a are going on. At the end of the day, let’s start determination to say that we can’t just Mr. President, Senator PERDUE is doing our job. Let’s not just create a keep saying: Next year this will im- only a 2-year politician. His tenure in budget like we did, a bipartisan budget, prove; next year this will improve. the Senate is actually only 2 years. He set it on the shelf, and then pass sev- We are not going to get a better prod- has spent all of his time in business. He eral appropriations bills and kill them uct until we get a better process. We spent time in business, where you on the floor. That is what is going on have a very bad process right now, and didn’t keep your job if you couldn’t here, and I think my freshmen col- we need to admit it is a bad process. balance your budget. You didn’t keep leagues think it is time—there are a What I am proud of is that there are your job if you couldn’t make the dif- lot of people who put posters up here multiple Members of this body—from ficult decisions year to year—making saying ‘‘Do your job,’’ but they are the leadership of the Budget Com- payroll, making strategic investments, failing to do their jobs by preventing mittee through the freshmen who are and doing the kinds of things good us from doing one of the most impor- brandnew Senators—who are all fo- business leaders do. That is what he tant things we can do—make the cused on the same thing. Let’s solve has done all of his life. Now he finds tough, long-term fiscal decisions that how we do budgeting and actually get himself in the U.S. Senate, where that are necessary for this great Nation. to a better product by improving the is almost the exact opposite of what we I say to Senator PERDUE, thank you process. What do we have? We have al- do. for allowing me to speak. most $20 trillion in debt, and everyone

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.045 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6187 argues about what we are going to do again and say: No, we are planning this In step one, like an AA group, let’s at on a few things to try to do manage- year to do it, but we are really not, and least admit there is a problem. There is ment, but no one is really talking so we will to spend it on something a problem. about how we actually get us back to else. In step two, let’s get to work on fix- balance and paying off the debt. It just adds debt every year. We will ing it and actually resolve the process. It is a common conversation I have have billions of dollars of CHIMPS Then let’s actually get to work bal- with people in Oklahoma. built into our budget and claim that ancing this and paying off our debt. This is a conversation where people the deficit is even lower than it is. It is I appreciate the opportunity to be say: Can we ever get this resolved? Is it not. It is just this budget gimmick, and able to talk about this issue. too late? in real dollars it makes it even bigger. Mr. PERDUE. I say thank you to On the whole, Americans believe We have to deal with those budget gim- Senator LANKFORD. nothing will get better in Washington, micks in there and be able to take that I think my colleagues can see the DC, dealing with the budget, and their away so that when the appropriations passion and history he has had here question is this: When and how does it process is done you get real numbers. and a lot of great thoughts. get better? I wish I could give them a The hardest thing to get in DC is the I note that the chairman of our lot of hope on that. real number. So you have to deal with Budget Committee in the Senate, Sen- What I typically tell people is this: all these gimmicks out there to remove ator MIKE ENZI from Wyoming, is here Let’s just do a ‘‘for instance.’’ Right those. You get a longer time period to on the floor. I am going to turn it over now, let’s take the balanced budget be able to plan and create some cer- to him and ask him to give us his com- piece that we had and that we put out tainty, but one of the key things we ments. He has been fighting this for earlier this year. It actually took 10 have to have is an actual deadline. This years. As chairman of the Budget Com- years and chipped away at the deficit. town doesn’t function on anything mittee last year, he managed to get a In 10 years we chipped away at it and other than deadlines and pressure budget out of our committee that actu- got back to a balance where we had no points. When it is time that it actually ally took over $7 trillion out of the deficit that year. It was balanced. Then has to be resolved, we get it resolved. President’s budget at that point in let’s say the next year we actually had But if we don’t have to resolve it right time. a $50 billion surplus. It would be a pret- now, this town just says: Tomorrow. I say to Senator ENZI, thank you so ty good surplus. So we chip away and We will get it done next week. We will much for joining us. in 10 years get to balance. The next get it done next session. Mr. ENZI. Mr. President, I thank the year we have a $50 billion surplus. The focus is how do we actually cre- Senator for his comments. I don’t get Do you know how long it would take ate those pressure points? How about a invited many places to speak because I us to pay off our debt if we had a $50 simple idea that says that if we don’t talk about what the Senator has been billion surplus? If we had a $50 billion get the budget done on time—the ap- talking about. It depresses people, but surplus every year for 460 years in a propriations bills done on time—then it it is about time we got depressed over row, we would pay off our debt—460 goes to an automatic CR so we don’t the budget and made some changes. I years in a row of $50 billion surpluses have a government shutdown, because appreciate everybody on the com- and we can get on top of this. Everyone government shutdowns just waste mittee and those who are not on the says that is unreasonable. I would say money on the whole? It automatically committee who have been working to it is certainly unreasonable if we don’t kicks in to last year’s budget amount. solve this problem. I know that most of change the way we do our process. It But here is what changes. All of the you ran on getting a balanced budget, just continues to get worse. Members of Congress, our budget, our There are some basic things we can staff for how we function, our oper- getting to a balanced budget, balancing do. We can do budgeting every 2 years. ating expenses, all of our committees, it now if we could. I get real frustrated because I know People may say: Well, how does that and the Executive Office of the White solve anything? Well, that is predict- House—that is the three groups. From we are $20 trillion in debt and heading ability and planning. It creates greater both the House and the Senate and the to $29 trillion. Then I hear people say: oversight. White House, all of our budgets drop Yes, but we cut the deficit in half. Right now we do this every single immediately. Let’s say 4 percent, 5 per- That is not the debt. I don’t like the word ‘‘deficit.’’ I call year. In the speed of what has to be cent, 6 percent the first day and then it it overspending. That is what we are done, how it has to be done, there is does that for 30 days. Then, if you still very little oversight on our spending. don’t have the appropriations process, doing. We just got the report that we are We could actually put all the areas we it cuts again another big percentage. It going to be $590 billion overspent this have in spending—all accountable, puts the pressure where the pressure every year. needs to be. It is not the fault of the year. As Senator LANKFORD pointed Right now there is about 25 percent agencies or the American people that out, 70 percent of the budget is on to 30 percent of our budget with the ap- the job wasn’t done. It lies squarely in autopilot. So that 30 percent that we propriations process that we actually the House, the Senate, the White get to make a decision on is $1,070 bil- focus on every year. The rest of it is on House, and our negotiations for not lion. autopilot, and it is never touched. getting it done on time. We have to worry a little bit because Until we get everything in front of It is a simple mechanism to say: If interest rates might go up. But on $20 everybody every year to be able to look the task has not been done, put the trillion, if it is 1 percent, that is $200 at it for oversight, we are not going to pressure where the pressure needs to billion a year that we are throwing solve the big issues. We have to deal be—the cuts in the House, the Senate, into a rat hole. But if that goes to 5 with what are called budget gimmicks. and on the White House. Push all of us percent, which is the norm for the Fed- I have been at war with a budget to the table and get it resolved. eral Government, we are out $1,000 bil- gimmick called CHIMPS. It is my fa- The goal is to do appropriations in a lion a year in interest. vorite of the gimmicks. There are a lot transparent process so the American Let’s see. We get to make decisions of them out there. It stands for people can see how their money is on a $1,070 billion and $1,000 billion of ‘‘changes in mandatory programs,’’ or being spent and to be able to do it wise- that would go to interest. We better CHIMPS. The changes in mandatory ly and to be able to create a process solve this pretty quick. I think we programs is a budget gimmick out where you can actually solve the prob- could be at 5 percent within 3 years. there that says we were planning to lem. The defense is over $500 billion, and spend this much—when we really Currently, we don’t have a process that is not enough. weren’t, but on paper it said we were— that solves the problem. This magi- We definitely have a problem, as has and then instead we said: No, we are cally doesn’t balance the budget. It been pointed out by the chart. In the 40 not going to spend that much this year still takes hard decisions, but it at years since the Congressional Budget so we will spend it on something else. least creates a format where we could Act was passed, we have only com- But guess what. The next year they solve the problem. Right now, we don’t pleted all 13 bills four times. We have come back to the exact same dollars even have that. been holding hearings in the Budget

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.050 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6188 CONGRESSIONAL RECORD — SENATE September 28, 2016 Committee. This group of people have we get it done. There are already some frailties that Chairman ENZI has to been holding other meetings to see how laws on the books that say that we do deal with, the Senator has thrown him- it is done in the private sector, how it that, but we don’t. self into trying to deal with those is done by other countries, and how it I congratulate you for doing this. I issues, and I admire him for it. is done by the States. Nobody does it am so pleased that we have Senator I think the Senator from Georgia and like the Federal Government. PERDUE heading up this effort because, I both know this is going to take a When I was trying to figure out first as I mentioned, he has saved some busi- while because, in essence, we are talk- budgets, I found out the format we use nesses before. They took his advice and ing about a total reorder. We really is not the same as the one the Appro- reorganized. I think a lot of us have don’t have a budget process. To even priations Committee uses and defi- looked at this and said it could be call what we do a budget, for most nitely not the same format the Presi- done. It is going to be difficult because human beings’ understanding of what a dent uses. Then I found out that is in- we don’t even go back and look at old budget is, is obviously not realistic. So tentional. That is so you cannot follow programs—let alone reorganize. I thank my colleague for that. the dollars. I hope people will pay attention to I am an advocate for what Senator But there are a lot of problems be- this and see if they have some other PERDUE and Senator ENZI are trying to sides that in following the dollars. For ideas to throw in. But listen carefully do. We have to, in essence, get a proc- instance, we have 120 housing programs to what is being said here today be- ess in place that actually works. That administered by 20 different agencies. cause this has to be fixed. is impossible with the process we have That is not seven per agency or one I was hoping we could fix it before today, and today is the perfect example having more than the others. That the elections because we were getting of that, right? We passed a CR through means that the 120 programs are ad- cooperation from the other side of the December 9, and, by the way, we make ministered by all 20 of the agencies. aisle and a lot of good suggestions. One no policy changes. Nobody is in charge. There is no goal of the reasons we were able to partici- Now, think about an entity the size set. We don’t know if they completed pate in a very bipartisan way, I think, of our Federal Government, where we what they set out to do, and there is no is because none of us knew who was spend $4 trillion of the American peo- way to make a correction if they did. going to be in the majority in the Sen- ple’s money each year, and yet we I pointed out a lot of times how far ate, nor did we know who the President don’t do the authorization process behind we are on actually approving was going to be. I think that made all which lays out policies. If you can the things that we do. We don’t ever go of us a lot more reasonable. I hope imagine IBM or Apple or Google or any back and look at the old stuff. We are after the elections we can still be rea- company like that just continuing each paying for a program from 1983 that sonable and do something that will year to do things exactly the same way has expired, another one from 1987, and save this country. and thinking there is going to be a dif- a whole bunch of them from before I thank the Chair. ferent result, that is not possible. 2006. We have to get off this auto pilot Mr. PERDUE. Mr. President, I thank Worse than that, in spending the $4 and get to a new format. the chairman for his comments, but trillion we spend each year, we only I congratulate this group and par- more importantly I thank him for his have a budget over $1.2 trillion, $1.3 ticularly Senator PERDUE. The first heart in terms of running the Budget trillion, and the rest is on autopilot. It time we had a Budget Committee Committee and leading us into this ob- is the part that is on autopilot that is meeting I remember introducing him, servation and recognition. As this the greatest threat to our country’s na- and I said: Senator PERDUE knows how chart says, we have a dysfunctional tional security. to balance a budget. He has been work- system, and we don’t have an alter- So I actually think we need to do two ing in the private sector. native but to find a better plan. things at once. One is we need to con- He said: No, in the private sector you With that, I note my good friend and tinue working through the processes have to show a little bit of a profit. esteemed colleague from Tennessee that Senator PERDUE and Senator ENZI Well, we are going to have to show a Senator CORKER is here. He is chairman are working on. It will take a while to little bit of a profit around here if we of the Foreign Relations Committee, get that done. We are going to have a are ever going to get rid of the debt. but more importantly he lets me sit total reordering of how we do business. We better do that or our kids are really next to him on the Budget Committee. That affects Senate careers and staff, going to suffer. I want to say this about the Foreign and we understand how difficult that In fact, in the private sector we are Relations Committee. It is a very bi- is. We are dealing with human beings. having some pension problems, but we partisan committee. Under Bill Clin- We are dealing with people who have have been making the private sector ton, just 16 years ago, we spent about an investment in what they have been put money away for the pensions, in- $20 billion on the State Department doing for years, and it is going to take vest the money so they would be able and USAID. Currently, we are spending us a while to overcome the culture that to meet the promise that they made. about $54 billion. That is just one de- has been established here. The Federal Government doesn’t do partment. Those are constant dollars Simultaneously, as my good friend that. We just take it out of this budget. to show you how government has sort Senator Gregg from New Hampshire If we spend $1,000 billion on interest of exploded in the past 16 years—both had laid out, we also need to begin put- and there is only $1,070 billion, what do under Republican leadership and under ting in place policy changes that begin you think is going to happen to Fed- Democratic leadership. saving our Nation. eral employees who are expecting re- I am so glad Senator CORKER is here, One of the problems with the budget tirement? That could be in worse shape and I look forward to his comments. process is, we pass a budget that makes than the multiemployer plans. Mr. CORKER. Mr. President, I am assumptions, but those assumptions We are going to have to come up with thrilled to be here. I thank the Senator never become reality. So we say the some solutions, and I appreciate this for his leadership on this issue. I also budget balances over 10 years, but we approach where we are looking at what thank Senator ENZI for the way he con- never do the tough things it takes for the private sector does, what the ducts committee business, as the Sen- those policies to actually be put in States do, and what other countries ator just mentioned. place. So a forcing mechanism—I know do—and they have had success. We are on a committee where basi- several thoughts have been put forth— It is a little difficult because it cally the way it is set up, it binds both to force us to do that, to force us to do causes some reorganization in what we his arms and his legs behind his back, that and to keep government open and are doing. Maybe we can wind up with meaning that just the process we have functioning is something that has to one or five housing programs, and they in place makes it impossible for us to occur. would all be under one agency so we deal with our country’s fiscal issues. I am proudly a part of this effort as could have goals. With the Senator from Georgia joining a wingman. I appreciate all the meet- We are going to have a portfolio the committee, having been a person ings that are taking place. I hope we method of budgeting so that we know who has dealt with businesses through- are going to get to a result. I agree what we are trying to do and whether out the world, and quickly seeing these with Senator ENZI that it would have

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That kind happen. talk about things in trillions of dollars of practice doesn’t show us a good way Senator PERDUE is a young Senator or even in billions of dollars. So when forward. It forces us to make difficult here by tenure. These things take a you break it down, that debt load rep- choices about how we are spending tax- long time. I look forward to working resents about $60,000 per person in this payer money, and it certainly doesn’t with him to ensure we get the right great country. That is quite a number, give us the opportunity to cut wasteful outcome to save our Nation and to and one that all of us should be con- spending. We have to do better by our keep us from this moral depravity that cerned about. taxpayers. is taking place where, in essence, every The American people are concerned, I thank my friend from Georgia and day that goes by, we are involved in and they are frustrated with Wash- my other colleagues joining us today generational theft because we are not ington for a reason. Washington to help us start thinking about how we doing this. We are really laying a huge doesn’t seem to be serious about stop- solve this crisis and how we can do it burden on future generations. ping the reckless spending habits this in a creative way. I again thank Sen- I yield the floor, and I thank my col- town has. That is why I think this pro- ator PERDUE for leading this effort, league for his effort. posal is a very interesting one and one being at the tip of the spear, and hope- Mr. PERDUE. Mr. President, I thank that could provide opportunity as we fully we are moving toward a smarter Senator CORKER very much. move into the future. way of doing business in Washington. If Moral depravity is so prevalent here, As we stop and look at the reckless we don’t do better, I am afraid the fu- and it is no more present and no more spending habits—and most Americans ture of this great country will be a lot important than in the area of funding agree we have reckless spending habits dimmer. our military. here in Washington, DC. I tend to agree I thank the Senator and I appreciate I notice Senator ERNST from Iowa is with those Americans. I agree. Since the opportunity to be here. here, and I appreciate her leadership as coming to the Senate last year, I have Mr. PERDUE. Mr. President, I thank a fellow freshman in the Senate, but worked to cut down wasteful and dupli- Senator ERNST. I enjoy her leadership let me highlight one thing very quick- cative spending. Let me give just one in the Senate. ly. Senator CORKER just mentioned example of taxpayer money that has With that, I notice Senator ROUNDS that about one-third, 30 percent of been wasted. of South Dakota is here. He was a Gov- what we spend—35 percent over the last Earlier this year, I introduced a bill ernor who dealt with this budget issue 8 years—is borrowed, and it is pro- that would limit the perks that in an executive and legislative body in jected that over the next 10 years wealthy former Presidents receive. In South Dakota, and I am looking for- about 35 percent will be borrowed. 2015, taxpayers spent $2.4 million on ward to his comments. I thank him for About 30 percent of what we spend is travel, office space, communications, being here. discretionary. That means every dis- personnel, and other expenses for past cretionary dollar we spend as a Federal Presidents—I might add, wealthy past Mr. ROUNDS. Mr. President, first, I Government is borrowed. Let me say Presidents. At a time when they re- want to start by thanking my col- that again. Every dollar we spend in ceive well-compensated book deals, leagues here today, particularly Chair- our discretionary budget is borrowed. speaking engagements, and all kinds of man ENZI, who leads the Budget Com- That means our military, our Vet- activities, hard-working Americans mittee, as well as Senator PERDUE for erans’ Administration, our military shouldn’t foot those bills, and they not only being the only freshman who construction, our domestic programs, shouldn’t be expected to. serves on the Budget Committee but all the things we are talking about are We passed that bill in the Senate and for leading us on the floor in the dis- borrowed. That means we have to get in the House with bipartisan work on cussion of this very important topic of serious. that effort. Unfortunately, President our Federal broken budget system. We have disinvested in our military Obama decided to veto it. While we are Once again, today, Congress has just because of this budget crisis, and it is still working on a path forward, it met our deadline to fund the govern- just another reason to get at this budg- leaves me just as frustrated as all the ment past the end of the fiscal year. et process. other Iowans who know we can’t con- While many of us in the Chamber, as I can’t tell Senator ERNST how much tinue spending money we don’t have on well as the American people, are right- I appreciate her being here, and I look things that aren’t necessary. ly frustrated by this requirement for a forward to her comments. Washington can’t even do the basic last-minute reprieve, it is a reminder Mrs. ERNST. Mr. President, I would business of balancing our own budget. of our broken Federal budget process like to thank my colleague from Geor- Plain and simple, we should. Families and why we can no longer afford to gia for spearheading this very impor- in Iowa do it every day, and they ex- continue down this dangerous path. tant effort. We have heard discussions pect us in Washington, DC, to do the I spent a great deal of time holding about getting back to regular order. same. After all, it is their tax dollars different meetings across South Da- We have heard discussions about the that are being spent, and it deserves to kota during August, meeting with difference between the debt and the be spent wisely. Unfortunately, it folks all over the State. During that deficit and where do we go as America. might just take a complete overhaul of time, our soaring national debt and So I am glad my colleague is investing Washington’s ways to help us solve this runaway spending has continued to be his time in this effort, and we look for- problem. a concern to me. What I relayed to ward to walking through that process. Again, I thank my colleagues for them about our country’s fiscal future It is good to see so many of us here joining us in this effort. While some of and what I would relay to you now is today, engaged and very active in this my colleagues on the other side of the that it is just not very pretty. effort, and so I would like to thank all aisle have certainly made it very dif- I shared with them a report from the my colleagues. I know a number have ficult, if not impossible, to conduct Congressional Budget Office, which, in already spoken. business in any sort of regular manner, January of this year, released an in- Truly, our Nation faces some very se- the reality is excess spending in this depth analysis of our debt and our def- rious challenges and challenging budg- town seems too often to be bipartisan. icit. It found that, by 2026, annual defi- etary times and all of that coming at I know my colleague from Georgia cits will double the share of GDP to 4.9 us in the future. If we aren’t honest mentioned earlier our debt has percent—more than tripling in dollar about where we are right now and ballooned under both Republican and terms to $1.37 trillion, or $1,370 billion, where we are headed in the future and Democratic administrations. We are as the chairman of the Budget Com- fix it, our children and grandchildren far too often unable to take a good mittee likes to put it.

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.053 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6190 CONGRESSIONAL RECORD — SENATE September 28, 2016 It also found that in 2026, just 10 as to Social Security, which is such a on the other side of the aisle, they short years from now, 99 percent of rev- huge and important part of a lot of didn’t even attempt to pass a budget enue that comes into the Federal Gov- people’s lives in the United States, we for a number of years. They didn’t even ernment—income taxes, both personal are afraid to touch. It is not a matter try. and corporate, all the gas taxes, all the of cutting it. It is a matter of man- Think about that. You are back fees—will go back out in mandatory aging and making it more efficient and home, in a State government such as payments and net interest spending, delivering the services and actually Senator ROUNDS was talking about or leaving no room to pay for roads, keeping it up to date—revenues and ex- in a household or a business, and you bridges, health care, our Armed Forces, penses—so that the people a generation are not even going to try to pass a and other vital needs within our Na- from now can count on it being there. budget. That was what was going on in tion. That 99 percent number, as they It is irresponsible for us to sit back the Senate—remarkable. So what we projected in 10 years, is a crisis. I here and to say that we are going to are trying to do is to fix that. would suggest to my colleagues that balance our budgets this year and The first thing we did—and Senator crisis is not in 10 years. That crisis is make a commitment without looking ENZI was on the floor a little bit ago— now. at all of the programs that are out is we came here and we passed a budg- Earlier, we heard Senator CORKER ex- there because we simply can’t balance et. It hadn’t happened in years. We plain very, very eloquently the fact a budget. We can’t take care of those passed a budget resolution. That was an important start. Then we started to that it takes time to move things here. programs—Social Security, Medicare, pass appropriations bills. As a matter I suggest that time is of the essence, or Medicaid—unless we actively par- of fact, this year, to the majority lead- and we no longer have a 10-year cycle ticipate in managing them and in mak- er’s credit, we started working on ap- in which to make these changes. We ing good decisions. Again, the buy-in propriations bills at an earlier time have to begin the process of fixing this from the public is that what we are than at any time in decades. We got 12 broken system, and we need to begin trying to do is to make it better for appropriations bills passed out of the now. them long term and that we have their In 2026, our country turns 250 years Appropriations Committee. Then what best interests at heart. happened? We tried to start bringing old. Wouldn’t it be a marvelous goal if, With that, I say thank you. I think them to the floor to vote on them, to by that time, we not only had this this is a critically important thing for move them. The vast majority of those process fixed, but it was actually work- all of us. Last year, we did an omnibus bills—all of which were very bipar- ing once again? bill at the end of the year, and a group tisan—were filibustered by the minor- The CBO report concluded that the of us got together and said no more. In ity leader of the Senate. driver for this rising debt is largely our freshmen bear den, as we call it, we from growing mandatory payments, as Again, I am new here. I still don’t un- said: It is time we have a meeting with derstand why they did that. A lot of us we heard our colleagues say. That is our leadership. I cannot tell you how Medicare, Medicaid, and Social Secu- who came down to the floor were really pleased I was with the reception that upset when the minority leader of the rity, as well as interest on our debt. we received from our leadership, who Senate filibustered the Defense appro- Yet here in the Senate, when we work said: Look, we agree. You guys work priations bill—the bill that funds our through the appropriations process to together and put this through. I give troops—six times in the last year and a determine the best way to spend Amer- Senator PERDUE huge accolades for ac- half—six times. That is a disgrace, in icans’ hard-earned money, we don’t tually doing the hard work to get this my view. even vote on mandatory payments, done. This is important to our country, So what are we doing here? More which are mandatory payments on and this is one way in which we can delay. More delay. We just got through mandatory programs. Today, those begin to build credibility once again a continuing resolution, which is not mandatory payments account for near- with the citizens of our Nation. I thank how to run the government, and they ly three-quarters of all Federal spend- the Senator for the work he is doing, were looking at opportunities for more ing. That means the continuing resolu- and I certainly look forward to work- delay. For example, at the very end of tion we just did is based upon about 28 ing with our colleagues to fix a broken this discussion, there was the idea of percent of the total amount we will budget system—not only in the Senate maybe adding additional funds for spend next year. It is simply not ac- but in Congress—and to get on with ac- Flint, MI. Well, nobody cares about ceptable that we continue to look at tually sending back to the American clean water as much as I do. My State and try to balance yearly deficits of people on a regular basis a budget they has huge challenges with communities $500-plus billion every single year when believe in and they can count on. that not just have aging infrastruc- we only look at 28 percent of the total With that, I yield the floor. ture, like Flint, MI, but no infrastruc- spending that goes on. Mr. PERDUE. I thank Senator ture. I have over 30 communities in the Let me suggest this. In order to fix ROUNDS for his comments. I appreciate great State of Alaska that don’t have this, as my colleagues have said today, his leadership as an ex-Governor in this clean water and sewer and don’t have we have to begin a process with expec- body. flush toilets—Americans—if you can tations that the process actually works I note that Senator SULLIVAN from believe that. So I certainly wanted to once again and that there are timelines Alaska is here, and he has been very focus on that. That is what we did in established well in advance of the end outspoken about this since he got here the regular order through the EPW of the fiscal year. But even more than last year—another freshman Member. I Committee with the WRDA bill—for that, any process we use in the future look forward to Senator SULLIVAN’s Flint, MI, the State of Alaska, and also has to bring in accountability, au- comments. other communities that have chal- thorization, and appropriations to- Mr. SULLIVAN. Mr. President, I lenges with clean water. We are going gether. Why is it that when we talk thank Senator PERDUE for his leader- to address those through the regular about Social Security, Medicare, and ship on this important colloquy. order. Medicaid—well, we just don’t talk As some of us have seen down here, That is what Senator PERDUE is lead- about it. There is no place in which we as Senator ROUNDS mentioned, there ing on right now in the Senate—the can actually sit down in a committee are a lot of Members of the Senate who regular order and getting back to a assigned specifically for Social Secu- are very concerned. But what we are budget process that can handle the rity, a committee assigned specifically seeing here are a lot of the new Mem- enormous challenges that we have for Medicare, or one for Medicaid. Why bers—12 new Republican freshmen. It is heard about on the floor here—$20 tril- is it that, in States like South Dakota, good to see the Presiding Officer, who lion in debt and exploding deficit. That where we have the South Dakota Re- is one of them. We are very concerned is what we need to do, and I commend tirement System—a retirement system about this. We were concerned because Senator PERDUE for his leadership. which is one of the best funded and a lot of us ran for office—a lot of us for What he did is something that takes a best run in the entire United States, the first time—because we saw what lot of courage here—a whiteboard ap- and it has been there since the 1970s— was going on with this budget process. proach. We just need to look at every- it gets looked at every single year. Yet, With all due respect to my colleagues thing anew. With his leadership and his

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I encourage all of my colleagues—Re- We were all here last year at this We need action, we need account- publicans and Democrats—to join in same point in time—the last week of ability, and we need it now. this process, to bring their ideas to fix the fiscal year, the last week of Sep- In conclusion, I will say this. I have what is clearly, clearly a broken proc- tember—and we moved into this fiscal one distinction, perhaps; that is, I am ess that is not helping our Nation, that year without a budget. It is no wonder the only chemical engineer who serves is driving up the deficit, that is sad- that we are $20 trillion in debt when in the U.S. House or the U.S. Senate. dling the next generation with trillions you don’t have a budget. When you are trained as an engineer, of dollars of debt. We have the begin- There is an old saying in business: If you are trained to take a look at a ning of a way to start fixing this. you aim at something, you will hit it. problem and identify a solution. We Again, I thank Senator PERDUE and We do not have a budget here, and that have a solution with Senator PERDUE’s Senator DAINES for their hard work on has created $20 trillion in debt. leadership. You see, the freshmen this. I am certainly going to be part of When the Congressional Budget Of- Members of the Republican class of 2014 their important efforts as we look to fice issued its August 2016 report last came here not to accept the status quo put our country on a fiscal path of sus- month, it shared that this year’s pro- but to reject it and to change the way tainable economic growth and budgets, jected budget deficit now has increased this country operates; truly, to save which we are not on right now. from an already staggering $439 billion the future of our kids and our Mr. PERDUE. Mr. President, Senator in a January report. They have raised grandkids. SULLIVAN is a warrior. I am glad to be it now to $590 billion—an increase of 34 I look forward to working with my here with him. It gives me hope that percent. colleagues to reform the budget proc- we are going to persevere and get this If I were running a business, I could ess. Let’s get this country back on the done. not get away with this. I would be out right track. Now to help us close this out, we of business. Serving on a board of a I say to Senator PERDUE, it is an have our good friend from Montana, publicly traded company, we would be honor to serve with you. Thanks for Senator DAINES, who has real world ex- firing the CEO and we would be firing getting in front of this very important perience—both as a consultant but also the board with results like this. issue. starting and running a high-tech com- Here is something to think about. Mr. PERDUE. Mr. President, I say pany. He understands what profit is Deficit spending is nothing short of age thank you to Senator DAINES. His lead- about, but, more importantly, he un- discrimination because this excessive ership means the world here. With derstands what meeting needs is about. spending is at the cost of our children that, I have hope we are going to get I am so glad that he can help us close and grandchildren. That is what we are there. this out. I have a few remaining com- passing down. We are racking up the In light of the time and the hour and ments when he finishes, but I thank credit card debt, figuratively speaking, the other business that is before this Senator DAINES for being here. and passing it on to our kids. The Senate body tonight, I will abridge my Mr. DAINES. Mr. President, I thank American people are asking them- closing comments. I want to say this. Senator PERDUE for his leadership. selves: Why aren’t the people they have There is a four-letter word missing in What an honor it is to be down here elected able to ensure the future for Washington today—H-O-P-E. People on the Senate floor surrounded by our children? How can balancing the sent this class, 12 members of the Re- freshmen—the freshmen Republican budget be so difficult? publican caucus—that is almost 25 per- class. We have the Presiding Officer, Being here for 2 years in the Senate, cent of our caucus—are freshmen this Freshman CORY GARDNER from Colo- I have come to realize that the biggest year. We ran on this topic, as you rado; Lt. Col. DAN SULLIVAN, U.S. Ma- hurdles to balancing the budget are the heard several Members say, but we had rines, from Alaska; and DAVID PERDUE, very rules, the very process that guides the chairman of the Budget Committee who was the CEO of a company before this institution. They are broken. Un- here. We had the chairman of Foreign he came to the Senate. We have LTC less we fix the process with the leader- Relations here. from Iowa. I am proud to ship of Senator PERDUE, who is getting These people are very concerned serve with Joni here and thankful for out in front of this issue—unless we fix about this topic. We are not just com- her service to the country, both in the that—we will continue to repeat the plaining about the status quo. Again, military and now in the Senate. There growing deficits because this process is we are not complaining about the other are others. MIKE ROUNDS is a former yielding the results it was designed to side. There are no innocent parties Governor from South Dakota who had deliver. It is unacceptable. It must when it comes to this debt crisis. If you to balance his budget there or he would change. look at the last 75, 80 years, this coun- lose his job. We are now approaching $20 trillion, try has lived and benefited from the As Senator PERDUE mentioned, when which is 105 percent of GDP. The first greatest economic boom in the history I first came to Washington, I did come bill I introduced when I came to Con- of mankind. Yet here we are today, $20 equipped with a skill that was familiar gress—in fact, I walked down to the trillion of debt, over $100 trillion of fu- to Montanans, like hunting and fishing Chamber, laid the bill on the desk of ture commitments already made by are, and that is how to balance a budg- the clerk—was called the Balanced this Federal Government. It is basi- et. Before I came here, I spent 28 years Budget Accountability Act. It said sim- cally $1 million for every family in in the private sector, 13 years with ply this: If Members don’t balance the America. Proctor & Gamble and then 12 years budget, they shouldn’t get paid. We don’t need to talk about the need with a startup company, and in be- Let’s bring some real-world account- anymore. What we need to talk about tween that, 3 years in our family con- ability to this institution. Let’s put is what do we do. That is what we came struction business. I know what it the pain on the Members of Congress up here for. We need to focus on re- takes to make a payroll. I know what instead of the American people. I sults. This is what we are proposing. it takes to make a family’s household thought perhaps if our pay was on the We put it in language now. We are budget work. Yet balancing the budget line, it would force us to be held ac- moving to put it into a bill on the is a skill this body has not embraced countable to not only balance the floor. We have Democratic input. for nearly 20 years. As Senator PERDUE budget but get on track to long-term Again, let me say this. The goal is mentioned, four times out of 42 years responsible spending. not to solve the debt crisis. That is the has this process worked. That is bro- If we do nothing, we know what will need. The goal in this process is to cre- ken. happen. We will be right back here— ate a politically neutral platform Think about this. It is September 28. mark it on your calendars—the last where both sides—whether they are in On Saturday, it is October 1, the begin- week of September, and we will be here the majority or the minority—can

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.056 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6192 CONGRESSIONAL RECORD — SENATE September 28, 2016 make their points during a budget UNANIMOUS CONSENT REQUEST— financing but not much money on edu- process, move to an appropriations S. 2253 cation and even less on job placement process, and get the government funded Mr. BROWN. Mr. President, too often for their students. The closure of ITT every year without all this drama. this body talks about supporting our was not the fault of the veterans, for That is what the people of America veterans while doing far too little to sure, not the fault of the students, but want. pass critical legislation that would ac- now veterans are worried about being It will protect our military. It will tually help them. able to pay their rent and pursue their protect our national security. It will The Senate Committee on Veterans’ education, which is what this legisla- let us take care of the domestic needs Affairs, of which I am a member—and I tion is going to allow them to do. In we need, and it will let us invest in our am joined by my colleague on that my State of Ohio, 520 veterans have infrastructure to get this economy committee, Senator TILLIS, with whom been impacted by ITT’s closure. going again. Without this exercise, we I have worked on a number of issues in There are some questions of finding a will not start down the path that may our time together in the Senate. Chair- way to pay for this legislation, but I take 30 or 40 years to bring this debt man ISAKSON and Ranking Member believe finding a pay-for is a red her- under control. It is that large. BLUMENTHAL have had in this com- ring. We are simply giving the VA the Let me emphasize one more thing. If mittee perhaps the best cooperation of authority to provide relief to veterans. this debt is not addressed soon, the ris- any standing committee in the Senate. No one is running around trying to find ing interest rates that we all know are And we continue to work to address a pay-for for the Federal student loans coming—we are living in a false world challenges facing veterans and the Vet- that are going to be discharged. So we today of zero interest rates. If we just erans’ Administration. are saying we are just going to do the get back to our 30-year average of Through hearings and legislative discharge on the nonveteran students, about 5 percent, we will be paying $1 markups, we have listened and learned and we have to find a little legislative trillion in interest. That is not pos- from veterans. As a result, we have sleight-of-hand pay-for to take care of sible. It simply is not workable. All worked together across the aisle to the veterans. That just doesn’t make things come into the conversation. produce legislation that reflects the sense. Why should veterans be treated This is what is going to happen. We needs of those who served our country. differently or worse than nonveteran are going to start debating this on the It is a minimum we ought to be doing, students? All we are looking to do is to floor, hopefully soon. It may run into and I think we are generally doing that make sure veterans are treated like all next year. It may go to the following pretty well. other students who attended an insti- year. My commitment to my people at One result of our efforts has been the tution like ITT or Corinthian, another home is, we are not going to give up on bipartisan Veterans First Act. It is a scam institution that shut down. this fight until we get something done good bill that comprehensively ad- Veterans were promised GI benefits about this. We proposed a couple of dresses a host of issues facing veterans, when they signed up to serve our coun- things. including education benefits, homeless- try. ITT has cheated them out of the Three guiding principles were devel- ness, health care, and VA account- quality education they earned. If we oped by a small group of people, and it ability. As we see too often, even com- fail to act today before leaving town, has been welcomed by a growing num- monsense legislation like Vets First we abandon the responsibility to our ber of people in this body. No. 1, the can’t make its way to the floor. Our in- Nation’s heroes. budget needs to be a law. No. 2, every- ability to act on this doesn’t mean we Mr. President, I ask unanimous con- thing we spend—all $4 trillion of it— shouldn’t try to address specific issues sent that the Senate Veterans’ Affairs needs to go into the budget. They need that have bipartisan support. Committee be discharged from further One of those issues which I hope we to be debated and covered in the budget consideration of S. 2253 and the Senate can agree on is the need to provide re- by both sides. No. 3, if we don’t fund proceed to its immediate consider- lief to veterans who, through no fault the government by the end of the fiscal ation; that the bill be read a third time of their own, were—there is no other year, there has to be serious con- and passed and the motion to recon- way to say it—bilked by the for-profit sequences. sider be considered made and laid upon school ITT. Veterans and other stu- the table with no intervening action or You heard one proposal tonight by dents were betrayed and bilked, and debate. Senator LANKFORD. There may be oth- taxpayers were fleeced. Veterans who The PRESIDING OFFICER. Is there ers, but we are going to put on the Sen- were attending ITT at the time of its objection? ate and the House, for that matter, closure lost the GI bill or VA benefits The Senator from North Carolina. real consequences if we don’t get the used to pay for their education. Mean- Mr. TILLIS. Mr. President, reserving Federal Government budget done. while, all other students who were en- the right to object, my colleague from Again, this is an exercise that we hope rolled at ITT were eligible to have Ohio and I have worked on a number of will be bipartisan. We want no advan- their Federal student loans discharged. different measures on the Veterans’ Af- tage in this. We want a process that So if you are not a veteran and you had fairs Committee, and I hope to con- doesn’t advantage either party. It gives Federal student loans, you could get tinue to work with him. both equal standing in the budget proc- those loans discharged. If you are a I wish to talk a little bit about the ess, leading to a reasonable and effec- veteran under the GI bill or VA bene- process here. It may seem odd, on a bill tive funding of the Federal Govern- fits, you couldn’t. It wasn’t anybody’s on which I am one of the lead Repub- ment. A politically neutral platform, intent to do that, but that is what the lican sponsors, to come to the floor and that is our goal. law says. object to the UC, but let’s talk about I will close with this. If not now, I know Senator ISAKSON, the chair- structurally what is going on here. We when? If not us, who? I thank the for- man—and we are joined by Senator said that the only reason there is a bearance of the Presiding Officer to- CARPER on the floor as well—he is in- problem is there is no pay-for. In other night. Thank you for allowing us to do terested in this. I also know that Sen- words, we are trying to pass a policy this. ator TILLIS has cosponsored my bill to that we haven’t taken the time to I yield back my time. I see we have actually fix this. This is something we make a decision about how to pay for other speakers on the floor. need to do. We are not the only ones it. We can say that we are authorizing The PRESIDING OFFICER (Mr. LEE). who believe action needs to be taken. the VA to pay for it, but what are they The Senator from New Mexico. Governor Mike Pence, the Governor of going to do? We haven’t provided them (The remarks of Mr. HEINRICH and the State next door to mine, Indiana, with any funds to do it, so what poten- Ms. COLLINS pertaining to the introduc- who is the Republican nominee for Vice tially suffers as a result? That is one tion of S. 3458 are printed in today’s President, supports this. piece. RECORD under ‘‘Statements on Intro- The closure of ITT was the fault of We just heard a number of speeches duced Bills and Joint Resolutions.’’) the management of that school, who here with Republican freshmen and a The PRESIDING OFFICER. The Sen- spent a lot of money on marketing and couple of veteran Members on the floor ator from Ohio. a lot of money on helping students get talking about being responsible in the

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.057 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6193 budgeting process and actually living and Restoration Act, S. 2253, to support gressional delegation—Senator COONS, within our means and paying for veterans who were harmed by the clo- Congressman CARNEY, and I—will ei- things. Now I am in the uncomfortable sure of ITT Tech. ther send National Guard men and position of having to object, poten- ITT Tech’s predatory practices led to women off to deployments around the tially—reserving my right to object— its sudden closure early this month, world or we might welcome them to a measure that includes policy that leaving tens of thousands of students home. Whenever we welcome them I fundamentally support. What I don’t in the lurch. Many veterans using GI home, I say to the returning National want to do, though, is send something bill benefits at ITT Tech have been Guard men and women, the Army half-baked to the House and pretend particularly affected by this company’s Guard and Air Guard: Welcome home that somehow it is going to be taken practices and now its closure and bank- to the best GI bill benefits in the his- up before we get back from the recess. ruptcy. tory of the country. It won’t be. As a matter of fact, if we ITT Tech has for years been a major If they want to go to the University don’t do our job here, it will probably recipient of GI bill benefits. According of Delaware, tuition is paid for; at not move in the House. to a 2014 report by Senator TOM HAR- Delaware State University or Delaware So why not work with Senator ISAK- KIN’s HELP Committee, ITT Tech was Community College, tuition is paid for. SON, who has done a remarkable job of the third largest recipient in 2012–13, If they need books—they probably do— trying to work with the veterans serv- receiving $161 million in GI bill funds. they are paid for, and fees are paid for. ice organizations that have a concern When it closed earlier this month, an If they need tutoring, it is paid for, and with the direction we were going with estimated 7,000 veterans were enrolled they also receive roughly a $1,500-a- the pay-fors, to find a legitimate way at ITT Tech. month housing allowance. That is a to pay for this policy before we send it Not only have these veterans used up great benefit, and folks who go to those to the House and make it more likely part or in some cases all of their lim- schools generally get a very good edu- that before we get out at the end of the ited GI bill education benefits, some of cation, and they get a lot of help in job year, this bill will be passed? This is them relied on VA housing assistance placement after they have completed just about being responsible and doing to pay their rent and afford a place to their education. That is not always the case in some of our for-profit colleges both parts of our jobs—coming up with live for themselves and their families. and universities. Some of them do a good policy and then coming up with a Veterans can only receive this housing stipend if they are enrolled in a school good job; some of them don’t. way to pay for it. One of them that hasn’t done a good So for those reasons, I do object. that qualifies for GI bill benefits, so job is called ITT Tech. We heard it The PRESIDING OFFICER. Objec- the closure of ITT Tech has put them talked about this evening on the Sen- tion is heard. at risk of being unable to afford their ate floor. There were about 7,000 vet- The Senator from Ohio. current housing and further disrupting erans using the Post-9/11 GI bill bene- Mr. BROWN. Mr. President, I thank their lives. fits that ITT Tech took from them Senator TILLIS, and I understand his I support the bipartisan Veterans when the school suddenly collapsed view on this issue. I appreciate the po- Education Relief and Restoration Act, earlier this month. This provided sition of Senator TILLIS, my colleague or VERRA, introduced by Senators $22,000 a year in educational assistance on the Veterans’ Affairs Committee. I BLUMENTHAL and TILLIS, to reinstate to private nonprofit and private for- just fundamentally say that, first of GI bill education benefits in certain profit colleges. The Post-9/11 GI bill all, we shouldn’t leave town. We should cases and to give the Secretary of Vet- provides a housing allowance that our finish our work. We should confirm the erans Affairs the authority to tempo- veterans depend on to support their Supreme Court nominee or at least rarily extend housing benefits to vet- families while they attend class. have hearings. We should finish our erans, including those who attended When ITT Tech closed its doors, it work that we haven’t done this year. ITT Tech, who find their education in- also meant that this housing allowance We have been in session less this year terrupted by a sudden closure of a came to an abrupt halt. I urged the De- than any Senate in the last 60 years. I school. partment of Veterans Affairs to work know Senator MCCONNELL wants to The closure of ITT Tech makes the closely with the Department of Edu- send his Members home so they can need to pass VERRA an emergency for cation to ensure that ITT Tech student campaign for reelection and spend so many veterans across the country. veterans had the same resources and their Koch brothers money that they This is a commonsense bill—it’s bipar- guidance they need to transfer and con- have benefited from. tisan—and it’s time sensitive. tinue their education at high quality More than that, what I don’t get here I urge Republicans not to block this institutions of learning. But some vet- is—we are only giving the VA the au- effort to extend this modest and much- erans will not be able to transfer to an- thority to provide relief for these vet- needed relief to our veterans who have other school this month or next month. erans. We are treating veterans worse been put in this terrible position by We want them to make smart decisions than other students at ITT or Corin- ITT Tech. about their educational future. That is thian. So if you were at ITT and you The PRESIDING OFFICER. The Sen- why passing this bipartisan bill or found out 3 weeks ago that that school ator from Delaware. some similar bipartisan bill to restore was closing—2, 3 weeks ago, something Mr. CARPER. Mr. President, I stand lost educational benefits and tempo- like that—and you are a veteran and before my colleagues this evening as a rarily—underline temporarily—extend you have a friend who is a nonveteran, veteran of the Vietnam War who re- the housing allowance for students who the nonveteran gets their loans dis- turned to this country after a third attend schools like ITT Tech that sud- charged, and you as the veteran don’t tour in Southeast Asia. I moved from denly close is so critical to our Na- with your GI benefits, because they California to Delaware and enrolled tion’s veterans and their families. had Federal student loans and you had there at the University of Delaware in We want to make sure that the stu- GI benefits. It is just not fair to them. their business school, in their MBA dent veterans have enough time—not I don’t think we should ever leave program. I was fortunate enough, along an endless period, but enough time—to this place having treated a veteran with many other Vietnam-era vet- decide whether it is best to transfer to worse than a nonveteran in the exact erans, to receive a GI bill benefit; it another school, to discharge their stu- same situation. So I don’t really under- was about $250 a month. College tuition dent loans, or start over at another stand the opposition. I hope we can re- was a lot less in those days. I was school, such as a community college. engage and figure this out and take happy to have every penny of it. But This legislation is really about making care of these 500 or so Ohioans who today we offer a GI bill benefit that is sure the veterans continue to receive served their country well. far more robust and far more needed benefits they have earned in service to Mr. President, I yield the floor. than it was when I came back from our country. Mr. DURBIN. Mr. President, I sup- Southeast Asia. Our Nation’s veterans did not cause port Senator SHERROD BROWN’s unani- Today, veterans return often ITT Tech to collapse. Our Nation’s vet- mous consent request that the Senate throughout the course of the year in erans and our Nation’s taxpayers de- adopt the Veterans Education Relief Delaware. The Governor and our con- serve better than they have received at

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.062 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6194 CONGRESSIONAL RECORD — SENATE September 28, 2016 the hands of ITT Tech. The least we ment together and make the Depart- ers in rescue efforts. FEMA also set up can do is provide some very modest re- ment of Homeland Security more than Disaster Recovery Centers to assist lief during this tough period of transi- just the sum of its parts. residents seeking Federal aid to get tion. I think passing this bill or some- Last week, the 2016 Federal Em- back on their feet in the aftermath of thing similar to this legislation is the ployee Viewpoint survey was released the storms. least we can do. with some good news. The annual sur- One of the first FEMA employees on My hope is that after we return from vey is provided to hundreds of thou- the ground there more than a month the recess after the election we can sands of Federal employees every year ago was Justo Hernandez, and Justo’s start talking across the aisle about to gauge their satisfaction with their picture is right here. Justo goes by the more help to our student veterans and jobs and their engagement with their nickname Tito and is a Team Leader of folks on the Post-9/11 GI bill. It is iron- agency as a whole. After 6 years of de- the East II National Incident Manage- ic that folks who are not veterans but clining morale numbers, the tide has ment Assistance Team. With 28 years’ recipients of Federal aid for education begun to turn at the Department of experience with FEMA, Tito leads his are in a similar situation, and they es- Homeland Security. That is a good team in immediate response efforts to sentially would be made whole, but thing. Since last year, morale has in- natural and manmade disasters when- that is not the case with our veterans. creased throughout the Department by ever and wherever they occur. I am not comfortable with that situa- some 3 percent. I think that is prob- Ready at a moment’s notice, Tito tion, and I suspect a lot of my col- ably more than any other Department and his team are experts in disaster re- leagues are not either. in the Federal Government—over the sponse, specializing in operations, lo- I will close this part of my remarks. last year, a significant one-year im- gistics, planning, and recovery. They I think most of us ascribe to the Gold- provement and a better result than the put their experience to use by sup- en Rule—treat other people the way Federal Government average over the porting State and local officials as you want to be treated. I have been a same period. they work through the most trying of veteran myself. I got a great education, Like turning an aircraft carrier, im- situations. graduate school at the University of proving morale over a large Federal Members of Tito’s team say that he Delaware, but I know how I would want agency takes time. You can turn an is by far the best manager and super- to be treated if I were in the shoes of aircraft carrier’s course, but it takes a visor they have ever worked for. As a these thousands of veterans who have little while, and so does changing and leader, Tito leads by example, not been mistreated at the hands of ITT improving the morale of a department afraid to get his hands dirty and never Tech. We need to do something about with a quarter of a million people turning down a task, large or small. it, and I hope that when we return, we spread out all over the world. I believe With their team expected to be de- will. this latest survey shows that the hard ployed nearly 9 months out of the year, f work done by Secretary Johnson and Tito has a deep respect for his team Deputy Secretary Mayorkas and their members’ personal time. TRIBUTE TO FEDERAL team has begun to put this ship on a When Tito does get some time back EMPLOYEES better course for the future. at home, I know he enjoys spending JUSTO ‘‘TITO’’ HERNANDEZ AND MELISSA While more work needs to be done to every moment with his wife and three FORBES improve morale at the Department of children. His family is incredibly gen- Mr. CARPER. Mr. President, as some Homeland Security, this effort does not erous, and we are grateful to them for of my colleagues know, nearly every fall on Secretary Johnson alone. Each lending our Nation their husband and month for more than 1 year now, I have Member of Congress and every Amer- father so he may undertake this impor- come to the Senate floor regularly to ican can help support the Department tant work in many parts of America on highlight the diverse and difficult work and its employees by simply acknowl- behalf of all Americans. performed by the men and women at edging the good work that the employ- As a FEMA employee, Tito embodies the Department of Homeland Security. ees do there every day. Whether we the spirit of dedication and caring, I have been privileged to be at times in simply say thank you to a TSA agent shaking hands with each individual he recent years the chairman of the Sen- or TSO officer the next time we pass comes into contact with, asking them, ate Committee on Homeland Security through an airport or give an occa- ‘‘How are you doing?’’ As with most of and Governmental Affairs and today sional speech on the Senate floor as I the men and women at FEMA, Tito serve as the senior Democrat, the rank- am doing tonight and have done on doesn’t stop there. He does all he can ing member of that committee. other occasions, our support makes a do to help people. The Department of Homeland Secu- difference. Last month, I visited FEMA head- rity is part of the government that we Mr. President, each September, the quarters here in Washington, DC. I met have direct jurisdiction over, and it is Federal Emergency Management Agen- a number of the thousands of dedicated one that I have had a great privilege to cy, which we affectionately call FEMA, employees who work there. This is a work with and have had an opportunity marks National Preparedness Month. picture from FEMA. These are some of to oversee the operation of that De- Throughout the month, FEMA encour- the exceptional people who help us in partment. The Department of Home- ages all Americans to prepare for nat- some of our darkest hours. While many land Security has more than 230,000 ural disasters and emergencies. To con- of these men and women were not di- employees stationed around our coun- tinue highlighting National Prepared- rectly involved in the response effort in try at our ports of entry, major transit ness Month and to continue to high- Louisiana, they felt obligated to do all hubs, and in major cities and small light the important work done by they could for their colleagues who communities alike. Each day the De- FEMA and its people, I want to take a were on the ground in Louisiana or co- partment of Homeland Security per- moment tonight to thank just a few of ordinating from around the country. In forms some of the most challenging the employees of FEMA, one of the 22 fact, FEMA headquarters established a jobs in the Federal Government. From component agencies all told that make backup call center in their offices, and securing radiological material to pro- up the Department of Homeland Secu- dozens of FEMA employees volun- tecting our cyber networks to respond- rity. teered—during or after their regular ing to natural disasters such as floods, As my colleagues may know, just working hours—to man the phones and fires, and tornadoes, the Department of last month, historic flooding inundated talk to people through some of the Homeland Security employees work much of the State of Louisiana. What toughest situations imaginable. around-the-clock to stay ahead of some may not know is that even before One FEMA employee who asked how threats to our communities, our the floodwaters had peaked, FEMA em- she could help is Melissa Forbes. Me- homes, and our families. ployees and personnel were on the lissa has a Ph.D. in public policy and I commend Secretary Jeh Johnson, ground there. They were setting up In- serves as Director of Enterprise Re- Deputy Secretary Mayorkas, and their cident Support Bases to provide sup- source Planning in FEMA’s Office of entire leadership team for their contin- plies, coordinating with State and local Policy and Program Analysis. Melissa’s ued efforts to bring the entire depart- officials, and supporting first respond- day job is to ensure that FEMA has the

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.064 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6195 resources needed for the challenges it and all the hundreds of thousands of Plant Genetic Resources for Food and Agri- expects to face in the months and years people who work with them in Home- culture, adopted by the Food and Agri- ahead. land Security, thank you for being culture Organization of the For 27 hours over the course of 5 there for them. on November 3, 2001, and signed by the United States of America on November 1, days—that is more than five hours The PRESIDING OFFICER. The ma- 2002 (the ‘‘Treaty’’) (Treaty Doc. 110–19), sub- each day—Melissa put her regular work jority leader. ject to the understanding of section 2 and on hold and came to the call center. In f the declaration of section 3. those 27 hours, Melissa took countless EXECUTIVE SESSION SEC. 2. UNDERSTANDING. calls, answering questions and con- The advice and consent of the Senate necting people with her colleagues at under section 1 is subject to the following FEMA who could get them immediate TREATY ON PLANT GENETIC RE- understanding, which shall be included in help. SOURCES FOR FOOD AND AGRI- the United States instrument of ratification: The United States of America understands In the Navy, when someone does a CULTURE truly remarkable job, we say these that Article 12.3d shall not be construed in a words: ‘‘Bravo Zulu.’’ So, to Melissa manner that diminishes the availability or and to all who worked and volunteered exercise of intellectual property rights under THE CONVENTION ON THE LAW national laws. at FEMA headquarters, I would say a APPLICABLE TO CERTAIN SEC. 3. DECLARATION. great big ‘‘Bravo Zulu.’’ RIGHTS IN RESPECT OF SECURI- As I mentioned earlier, FEMA is The advice and consent of the Senate TIES HELD WITH AN INTER- under section 1 is subject to the following made up of thousands of men and MEDIARY declaration: The Treaty is not self-exe- women who ask every day: How are cuting. you? How are you doing? How can we Mr. MCCONNELL. Mr. President, I ask unanimous consent that the Sen- The PRESIDING OFFICER. On trea- help? While Tito, his team, and others ty document No. 112–6, Senators in from FEMA were on the ground in Lou- ate proceed to executive session to con- sider the following treaties on today’s favor of the resolution of ratification isiana, Melissa felt compelled to do all will rise and stand until counted. she could do to support them. Executive Calendar en bloc: Nos. 9 and 10; I further ask unanimous consent Those opposed will rise and stand More than a year ago, Secretary until counted. Johnson launched his Unity of Effort that the treaties be considered as hav- ing passed through their various par- On a division vote, two-thirds of the initiative to bring the Department of Senators present having voted in the Homeland Security employees closer liamentary stages up to and including the presentation of the resolutions of affirmative, the resolution of ratifica- together in their shared mission. Last tion is agreed to. month, Melissa and Tito were reunited ratification; that any committee con- The resolution of ratification is as from a thousand miles away in their ef- ditions, declarations, or reservations follows: forts to help the people of Louisiana. be agreed to as applicable; that any Every month I come to the Senate statements be printed in the RECORD; Resolved, (two-thirds of the Senators present floor and highlight the amazing dedica- further, that each treaty be voted on concurring therein), tion of two or three people, in some en bloc but considered voted on indi- SECTION 1. SENATE ADVICE AND CONSENT SUB- JECT TO A DECLARATION. cases entire teams of men and women vidually; that the motions to recon- The Senate advises and consents to the who are united in their shared goal of sider be laid upon the table; that the President be notified of the Senate’s ratification of the Convention on the Law keeping Americans safe. Applicable to Certain Rights in Respect of In closing, let me say that I don’t action; and that following the disposi- Securities Held with an Intermediary, done think the results from this year’s Fed- tion of the treaties, the Senate return at The Hague on July 5, 2006, and signed by eral Employee Viewpoint Survey are a to legislative session. the United States on that same day (the fluke. I believe the improvement in The PRESIDING OFFICER. Is there ‘‘Convention’’) (Treaty Doc. 112–6), subject to morale that has been reported by the objection? the declaration of section 2. thousands of employees at the Depart- Without objection, it is so ordered. SEC. 2. DECLARATION. ment of Homeland Security represents The treaties will be stated. The advice and consent of the Senate the growing unity within the Depart- The legislative clerk read as follows: under section 1 is subject to the following ment of Homeland Security, the young- Treaty document No. 110–19, Treaty on declaration: The Convention is self-exe- cuting. est and third largest Cabinet Depart- Plant Genetic Resources for Food and Agri- ment in the Federal Government. culture. I, for one, look forward to next year’s Treaty document No. 112–6, The Conven- f tion on the Law Applicable to Certain Rights viewpoint survey, as well as those in in Respect of Securities Held with an Inter- LEGISLATIVE SESSION the years to come, because I believe mediary. they will continue to put on display an Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The Sen- ever more united and effective depart- ask for a division vote on the resolu- ate will now resume legislative session. ment. So to Tito, to the East II team, tions of ratification en bloc. to Melissa and the volunteers at FEMA The PRESIDING OFFICER. A divi- f headquarters, as well as to everyone at sion vote has been requested. FEMA, we say a great big thank you. On treaty document No. 110–19, Sen- UNANIMOUS CONSENT Thank you for coming together, not ators in favor of the resolution of rati- AGREEMENT—H.R. 4511 only by asking ‘‘How are you doing?’’ fication will rise and stand until count- but by going to work to make things Mr. MCCONNELL. Mr. President, I ed. better for all of us. Keep up the great ask unanimous consent that at 5 p.m., Those opposed will rise and stand work that you are doing, and God bless on Tuesday, November 15, the Rules until counted. you. Committee be discharged from further On a division vote, two-thirds of the I have been joined on the floor by the consideration of H.R. 4511 and the Sen- Senators present having voted in the majority leader. ate proceed to its immediate consider- affirmative, the resolution of ratifica- Before I yield the floor, let me say to ation; I further ask that there then be tion is agreed to. another person who has joined us, my 30 minutes of debate equally divided in The resolution of ratification is as colleague from New Hampshire, who is the usual form, and that following the follows: the ranking member Democrat on the use or yielding back of time, the bill be Appropriations Subcommittee for Resolved, (two-thirds of the Senators present read a third time and the Senate vote Homeland Security that she and the concurring therein), on passage of the bill with no inter- SECTION 1. SENATE ADVICE AND CONSENT SUB- chairman, former Governor HOEVEN, vening action or debate. JECT TO AN UNDERSTANDING AND A Senator HOEVEN now, do a wonderful DECLARATION. The PRESIDING OFFICER. Is there job that is important to Homeland Se- The Senate advises and consents to the objection? curity. On behalf of Melissa and Tito ratification of the International Treaty on Without objection, it is so ordered.

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.065 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6196 CONGRESSIONAL RECORD — SENATE September 28, 2016 EXECUTIVE SESSION grade indicated while assigned to a position PN1778 ARMY nomination of Donna A. of importance and responsibility under title McDermott, which was received by the Sen- 10, U.S.C., section 601: ate and appeared in the Congressional EXECUTIVE CALENDAR To be general Record of September 22, 2016. IN THE FOREIGN SERVICE Mr. MCCONNELL. Mr. President, I Gen. John E. Hyten PN1642–2 FOREIGN SERVICE nominations ask unanimous consent that the Sen- IN THE NAVY (188) beginning Diana Isabel Acosta, and end- ate proceed to executive session for the The following named officer for appoint- ing Elisa Joelle Zogbi, which nominations consideration of Calendar Nos. 720 ment in the United States Navy to the grade were received by the Senate and appeared in through 727 and all nominations on the indicated while assigned to a position of im- the Congressional Record of July 13, 2016. Secretary’s desk; that the nominations portance and responsibility under title 10, PN1643–2 FOREIGN SERVICE nominations be confirmed en bloc; that the motions U.S.C., section 601: (4) beginning Jennisa Paredes, and ending to reconsider be considered made and To be vice admiral Jamoral Twine, which nominations were re- laid upon the table with no intervening Rear Adm. Christopher W. Grady ceived by the Senate and appeared in the [NEW REPORTS] Congressional Record of July 13, 2016. action or debate; that no further mo- PN1704–2 FOREIGN SERVICE nominations tions be in order; that any statements IN THE AIR FORCE (99) beginning Jorge A. Abudei, and ending related to the nominations be printed The following named officer for appoint- Deborah Kay Jones, which nominations were in the RECORD; and that the President ment in the United States Air Force to the received by the Senate and appeared in the be immediately notified of the Senate’s grade indicated while assigned to a position Congressional Record of September 6, 2016. action. of importance and responsibility under title PN1705 FOREIGN SERVICE nominations (161) beginning John Robert Adams, and end- The PRESIDING OFFICER. Is there 10, U.S.C., section 601: To be lieutenant general ing David M. Zwick, which nominations were objection? received by the Senate and appeared in the Lt. Gen. John F. Thompson Without objection, it is so ordered. Congressional Record of September 6, 2016. The following named officer for appoint- The nominations considered and con- IN THE NAVY ment in the United States Air Force to the firmed en bloc are as follows: PN1700 NAVY nomination of Thomas M. grade indicated while assigned to a position IN THE AIR FORCE Hearty, which was received by the Senate of importance and responsibility under title and appeared in the Congressional Record of The following named officer for appoint- 10, U.S.C., section 601: ment in the United States Air Force to the September 6, 2016. To be lieutenant general grade indicated under title 10, U.S.C., section PN1779 NAVY nominations (40) beginning 624: Maj. Gen. Robert D. McMurry, Jr. JORDAN M. ADLER, and ending RICHARD C. WONG, which nominations were received To be brigadier general IN THE ARMY by the Senate and appeared in the Congres- The following named Army National Guard The following named officer for appoint- sional Record of September 22, 2016. ment in the United States Air Force to the of the United States officer for appointment PN1780 NAVY nominations (59) beginning grade indicated under title 10, U.S.C., section in the Reserve of the Army to the grade indi- JOHN A. ALLEN, and ending TIMBERON C. 624: cated while assigned to a position of impor- VANZANT, which nominations were received Col. Kenneth P. Ekman tance and responsibility under title 10, by the Senate and appeared in the Congres- U.S.C., section 601: To be major general sional Record of September 22, 2016. To be lieutenant general PN1781 NAVY nominations (23) beginning Brig. Gen. Jon T. Thomas Maj. Gen. Reynold N. Hoover CHRISTOPHER D. AYALA, and ending AN- IN THE ARMY DREW S. WEST, which nominations were re- NOMINATIONS PLACED ON THE SECRETARY’S ceived by the Senate and appeared in the The following named officers for appoint- DESK ment to the grade indicated in the United Congressional Record of September 22, 2016. IN THE AIR FORCE States Army under title 10, U.S.C., section PN1782 NAVY nominations (13) beginning 624: PN1768 AIR FORCE nomination of Scott E. FRANCIS B. CARNABY, and ending RE- Williams, which was received by the Senate BECCA I. SUMMERS, which nominations To be brigadier general and appeared in the Congressional Record of were received by the Senate and appeared in Col. Alfred F. Abramson, III September 22, 2016. the Congressional Record of September 22, Col. Peter B. Andrysiak, Jr. PN1769 AIR FORCE nomination of John D. 2016. Col. Robert W. Bennett, Jr. Cinnamon, which was received by the Senate PN1783 NAVY nominations (14) beginning Col. Jonathan P. Braga and appeared in the Congressional Record of BENJAMIN R. ADDISON, and ending RUS- Col. John W. Brennan, Jr. September 22, 2016. SELL P. WOLFKIEL, which nominations Col. David E. Brigham PN1770 AIR FORCE nomination of Alfred were received by the Senate and appeared in Col. Miguel A. Correa G. Traylor, II, which was received by the the Congressional Record of September 22, Col. Clement S. Coward, Jr. Senate and appeared in the Congressional 2016. Col. Patrick J. Donahoe Record of September 22, 2016. PN1784 NAVY nominations (27) beginning Col. Christopher T. Donahue PN1771 AIR FORCE nomination of Mark C. JOSHUA C. ALCAZAR, and ending JUI I. Col. Robert L. Edmonson, II Anarumo, which was received by the Senate YANG, which nominations were received by Col. Scott L. Efflandt and appeared in the Congressional Record of the Senate and appeared in the Congres- Col. David J. Francis September 22, 2016. sional Record of September 22, 2016. Col. Paul H. Fredenburgh PN1772 AIR FORCE nomination of Steven PN1785 NAVY nominations (4) beginning Col. David M. Hamilton C. M. Hasstedt, which was received by the SILAS O. CARPENTER, and ending CHRIS- Col. Neil S. Hersey Senate and appeared in the Congressional TOPHER E. WELLS, which nominations Col. Lonnie G. Hibbard Record of September 22, 2016. were received by the Senate and appeared in the Congressional Record of September 22, Col. Johnnie L. Johnson, Jr. IN THE ARMY Col. Omar J. Jones, IV 2016. PN1773 ARMY nomination of Karl E. Nell, Col. Mark H. Landes PN1786 NAVY nominations (17) beginning which was received by the Senate and ap- Col. David A. Lesperance GALO A. CAVALCANTI, and ending AUDRA peared in the Congressional Record of Sep- Col. Stephen J. Maranian M. VANCE, which nominations were received tember 22, 2016. Col. Douglas M. McBride, Jr. by the Senate and appeared in the Congres- PN1774 ARMY nomination of Todd D. Col. Matthew W. McFarlane sional Record of September 22, 2016. Wolford, which was received by the Senate Col. Stephen L. Michael PN1787 NAVY nominations (902) beginning and appeared in the Congressional Record of Col. Christopher O. Mohan CHRISTOPHER T. ABPLANALP, and ending September 22, 2016. Col. Laura A. Potter RYAN E. ZYVITH, which nominations were PN1775 ARMY nomination of Lance L. Col. Anthony W. Potts received by the Senate and appeared in the Jelks, which was received by the Senate and Col. Robert A. Rasch, Jr. Congressional Record of September 22, 2016. appeared in the Congressional Record of Sep- Col. Kenneth T. Royar PN1788 NAVY nominations (42) beginning tember 22, 2016. Col. Douglas A Sims, II STEVEN M. ARBOGAST, and ending JO- PN1776 ARMY nomination of Matthew A. Col. Stephen G. Smith SEPH M. STARK, which nominations were Levine, which was received by the Senate Col. John C. Ulrich received by the Senate and appeared in the and appeared in the Congressional Record of Col. Robert F. Whittle, Jr. Congressional Record of September 22, 2016. September 22, 2016. PN1789 NAVY nominations (154) beginning Col. David Wilson PN1777 ARMY nomination of Daniel J. DORIAN R. ACKER, and ending JASON IN THE AIR FORCE Donovan, which was received by the Senate YORK, which nominations were received by The following named officer for appoint- and appeared in the Congressional Record of the Senate and appeared in the Congres- ment in the United States Air Force to the September 22, 2016. sional Record of September 22, 2016.

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.104 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6197 PN1790 NAVY nominations (65) beginning LEGISLATIVE SESSION ate now proceed to the en bloc consid- MICHAEL A. AMMENDOLA, and ending MI- eration of the following Senate resolu- CHAEL B. ZIMET, which nominations were The PRESIDING OFFICER. The Sen- ate will now resume legislative session. tions, which were submitted earlier received by the Senate and appeared in the today: S. Res. 585, S. Res. 586, S. Res. Congressional Record of September 22, 2016. f 587, and S. Res. 588. Mr. MCCONNELL. Mr. President, I MAKING A CORRECTION IN THE There being no objection, the Senate ask unanimous consent that the Sen- ENROLLMENT OF H.R. 5325 proceeded to consider the resolutions ate proceed to the en bloc consider- Mr. MCCONNELL. Mr. President, I en bloc. ation of Calendar Nos. 728 through 734. ask unanimous consent that the Sen- Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. Without ate proceed to the immediate consider- ask unanimous consent that the reso- objection, it is so ordered. ation of S. Con. Res. 53. lutions be agreed to, the preambles, The clerk will report the nomina- The PRESIDING OFFICER. The where applicable, be agreed to, and the tions en bloc. clerk will report the concurrent resolu- motions to reconsider be laid upon the The legislative clerk read the nomi- tion by title. table en bloc. The legislative clerk read as follows: nations of Rena Bitter, of Texas, a Ca- The PRESIDING OFFICER. Without reer Member of the Senior Foreign A concurrent resolution (S. Con. Res. 53) objection, it is so ordered. directing the Clerk of the House of Rep- The resolutions were agreed to. Service, Class of Minister-Counselor, to resentatives to make a correction in the en- The preambles where applicable, be Ambassador Extraordinary and rollment of H.R. 5325. were agreed to. Plenipotentiary of the United States of There being no objection, the Senate (The resolutions, with their pre- America to the Lao People’s Demo- proceeded to consider the concurrent ambles, where applicable, are printed cratic Republic; Sung Y. Kim, of Cali- resolution. in today’s RECORD under ‘‘Submitted fornia, a Career Member of the Senior Mr. MCCONNELL. Mr. President, I Resolutions.’’) Foreign Service, Class of Minister- ask unanimous consent that the con- The PRESIDING OFFICER. The Sen- Counselor, to be Ambassador Extraor- current resolution be agreed to and the ator from Florida. dinary and Plenipotentiary of the motion to reconsider be considered f United States of America to the Repub- made and laid upon the table with no lic of the Philippines; Andrew Robert intervening action or debate. ZIKA VIRUS FUNDING Young, of California, a Career Member The PRESIDING OFFICER. Without Mr. NELSON. Mr. President, I ex- of the Senior Foreign Service, Class of objection, it is so ordered. press my appreciation to the Senate Counselor, to be Ambassador Extraor- The concurrent resolution (S. Con. that in the funding bill it includes the dinary and Plenipotentiary of the Res. 53) was agreed to. money for Zika, $1.1 billion that has United States of America to Burkina (The concurrent resolution is printed been so desperately needed, not only Faso; W. Stuart Symington, of Mis- in today’s RECORD under ‘‘Submitted assisting local governments and State souri, a Career Member of the Senior Resolutions.’’) governments with things such as mos- Foreign Service, Class of Minister- f quito control but also starting the trial Counselor, to be Ambassador Extraor- EXPRESSING SUPPORT FOR DES- on the Zika vaccine. The first trial is dinary and Plenipotentiary of the necessary. There will be a second and United States of America to the Fed- IGNATION OF THE WEEK OF OC- TOBER 9, 2016, THROUGH OCTO- larger trial, and, hopefully, at the end eral Republic of Nigeria; Joseph R. of that, we will have a Zika vaccine. Donovan Jr., of Virginia, a Career BER 15, 2016, AS ‘‘EARTH SCIENCE WEEK’’ This has gotten to the level of being Member of the Senior Foreign Service, quite uncomfortable. Over 2,000 preg- Class of Minister-Counselor, to be Am- Mr. MCCONNELL. Mr. President, I nant women in the continental United bassador Extraordinary and Pleni- ask unanimous consent that the Com- States and our territories have the potentiary of the United States of merce, Science, and Transportation Zika virus. We know from the CDC America to the Republic of Indonesia; Committee be discharged from further that for up to 12 percent, it is likely Christopher Coons, of Delaware, to be consideration of and the Senate now there will be a birth defect. Representative of the United States of proceed to the consideration of S. Res. So I want the Senate to know how America to the Seventy-first Session of 562. much I appreciate this. In my own The PRESIDING OFFICER. Without the General Assembly of the United State of Florida, we have been so se- objection, it is so ordered. Nations; and Ronald H. Johnson, of verely hit now, with 91 of our fellow The clerk will report the resolution Wisconsin, to be Representative of the citizens who are pregnant and have the United States of America to the Sev- by title. The legislative clerk read as follows: virus. We say Godspeed to them and enty-first Session of the General As- hope they will not have babies with sembly of the United Nations. A resolution (S. Res. 562) expressing sup- port for designation of the week of October 9, birth defects. But now at least the cav- Thereupon, the Senate proceeded to 2016, through October 15, 2016, as ‘‘Earth alry has arrived and we have the consider the nominations en bloc. Science Week.’’ money to proceed with trying to stamp Mr. MCCONNELL. Mr. President, I There being no objection, the Senate out this Zika virus. ask unanimous consent that the Sen- proceeded to consider the resolution. I thank the Chair. ate vote on the nominations en bloc Mr. MCCONNELL. Mr. President, I I yield the floor. without intervening action or debate; ask unanimous consent that the reso- The PRESIDING OFFICER. The Sen- that, if confirmed, the motions to re- lution be agreed to, the preamble be ator from Iowa. consider be considered made and laid agreed to, and the motions to recon- f upon the table, the President be imme- sider be considered made and laid upon SURVIVORS’ BILL OF RIGHTS ACT diately notified of the Senate’s action, the table. OF 2016 and the Senate then resume legislative The PRESIDING OFFICER. Without session without any intervening action objection, it is so ordered. Mr. GRASSLEY. Mr. President, I or debate. The resolution (S. Res. 562) was come to the floor for the same reason Senator SHAHEEN of New Hampshire is The PRESIDING OFFICER (Mr. agreed to. here. I rise today to speak on the Sur- DAINES). Without objection, it is so or- The preamble was agreed to. vivors’ Bill of Rights. This is a non- dered. (The resolution, with its preamble, is printed in the RECORD of September 15, controversial and very bipartisan bill. The question is, Will the Senate ad- 2016, under ‘‘Submitted Resolutions.’’) It has already passed the Senate. vise and consent to the Bitter, Kim, f Amanda Nguyen is a rape victim and Young, Symington, Donovan, Coons, a survivor who has been the driving and Johnson nominations en bloc? RESOLUTIONS SUBMITTED TODAY force behind this legislation. She is The nominations were confirmed en Mr. MCCONNELL. Mr. President, I founder and president of an organiza- bloc. ask unanimous consent that the Sen- tion that goes by the acronym RISE, a

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A28SE6.057 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6198 CONGRESSIONAL RECORD — SENATE September 28, 2016 group which advocates on behalf of sur- with invaluable counsel from Amanda, around the country are recognizing vivors of sexual violence. Amanda has as well as dozens of nationally recog- this fact and extending their statute of worked hand in hand with both polit- nized experts and organizations, we limitations on sexual crimes. ical parties on this bill to establish produced the final bill that was intro- The rights in this legislation, hand in new rights for survivors of sexual vio- duced in February. hand with that process at the State lence. That is the way it should be be- I thank Senators BLUMENTHAL and level, ensure that even if a survivor cause regardless of political party, all LEAHY for their counsel throughout the only seeks a medical forensic exam or Members of Congress should be empow- process and for serving as original co- reports an assault anonymously, even ering survivors of sexual violence. sponsors. As I said earlier, I also thank if a survivor is not ready to imme- However, while Republicans were ready Senator GRASSLEY and Senator SCHU- diately move forward with the criminal to move forward on this bill last week, MER, who helped moved the bill process, the survivor will have enforce- Democratic leadership has been stall- through the Judiciary committee in able rights in our legal system and can ing Amanda’s diligent efforts. April. It passed the full Senate in May. be assured that evidence is preserved This bill ensures that all survivors of The same legislation, sponsored by for the future. sexual violence have equal access to all Representatives WASSERMAN SCHULTZ, I thank all my colleagues in both the available tools in their pursuit of jus- LAMAR SMITH, MIMI WALTERS, and ZOE Senate and the House who have come tice. This includes the proper collec- LOFGREN, was unanimously passed by together on a bipartisan basis to create tion and preservation of forensic evi- the House earlier this month. a reform process that ends the silence dence that is so vital in cases of sexual Following the introduction of the surrounding , that brings violence. This bill also guarantees bill, there was a groundswell of nation- it out of the shadows, and that gives these survivors a new package of wide support for the rights set forth in survivors a fair shot at justice. rights. this legislation, including more than When the President signs this bill As I said, this is a bipartisan bill, 90,000 people who signed a petition urg- into law in the days ahead, it will send very noncontroversial. It has already ing Congress to act. Clearly the bill a powerful message to survivors all passed this body 89 to 0. resonated with the American people, across the country: You do have rights. Each day, others like Amanda will especially survivors of sexual assault We do care about you. And if you fall victim to sexual violence. The Sen- because so many survivors feel intimi- choose to come forward, we are going ate should not wait one more day to dated by the legal process and they to ensure a justice system that treats help these people seek justice, so, after choose not to go forward. That is one you with dignity and fairness. Senator SHAHEEN speaks, I am here reason sexual assault is among the Again, I thank all my colleagues. I now to request unanimous consent to most underreported and unpunished know Senator GRASSLEY is going to be move this bill. My understanding is crimes nationwide. Nearly 70 percent of requesting unanimous consent that that it is now OK with the Democrats attacks go unreported. Many survivors this legislation go forward. Mr. Presi- to agree to the passage of this legisla- who initially file charges become frus- dent, I would like to be recorded as tion. trated by the legal obstacle course, and present and voting yes on that unani- Mr. President, I yield the floor, hope- they give up before their cases are re- mous consent request, and I am pleased fully for the purpose of Senator SHA- solved, or, for many of them, their to be able to join Senator GRASSLEY as HEEN stating her views on this bill. cases simply slip through the cracks. he makes this momentous request. The PRESIDING OFFICER. The Sen- The rights set forth in this new law I yield the floor. ator from New Hampshire. will apply only in Federal cases, but we The PRESIDING OFFICER. The Sen- Mrs. SHAHEEN. Mr. President, I am know from experience that when Con- ator from Iowa. pleased to join my colleague, the chair gress makes reforms to Federal stat- Mr. GRASSLEY. Mr. President, I of the Judiciary Committee, as he re- utes, it often serves as a model and cat- thank Senator SHAHEEN for her support quests a unanimous consent vote to alyst for States to improve their own and her detailed explanation of what pass the Sexual Assault Survivors’ laws. The goal is to create a standard- the legislation does and for everything Rights Act. Passage of this bill marks ized, transparent process that reas- she has done to help move this legisla- a momentous day for survivors of sex- sures survivors they will be supported tion along. ual assault, and it really is a testament and protected as they pursue justice. At this time, I ask unanimous con- to the important progress we can make The Sexual Assault Survivors’ Rights sent that the Committee on the Judici- in Congress when we work together on Act, as Senator GRASSLEY said, will es- ary be discharged from further consid- a bipartisan basis to address the needs tablish fair procedures with regard to eration of H.R. 5578 and the Senate pro- of the American people. rape forensic kits, including the right ceed to its immediate consideration. The Sexual Assault Survivors’ Rights not to be charged any fees related to The PRESIDING OFFICER. Without Act for the first time establishes a set the forensic medical examination; the objection, it is so ordered. of codified, court-enforceable rights to right to have sexual assault evidence The clerk will report the bill by title. address unique issues faced by sexual preserved for the entire statute of limi- The senior assistant legislative clerk assault survivors. It also ensures sur- tations period; the right to be informed read as follows: vivors the opportunity to enforce these of the results of medical exams; and A bill (H.R. 5578) to establish certain rights rights in Federal court. the right to written notice prior to de- for sexual assault survivors, and for other Last February, I introduced this leg- struction of a rape kit. These and other purposes. islation, but the real inspiration for rights are basic and essential protec- There being no objection, the Senate the bill came many months earlier tions that all survivors ought to have proceeded to consider the bill. when I first met with Amanda Nguyen, regardless of where they live. Mr. GRASSLEY. Mr. President, I ask a young sexual assault survivor who In drafting the legislation, we wanted unanimous consent that the bill be faced heartbreaking challenges after to make clear that by establishing considered read a third time. reporting her assault. As Senator these rights for survivors, without pre- The PRESIDING OFFICER. Without GRASSLEY said, she was really the mov- condition we ensure that survivors’ in- objection, it is so ordered. ing force behind this legislation. terests are legally protected, regardless The bill was ordered to a third read- Amanda told me about the repeated of how or if they choose to move for- ing and was read the third time. battles she fought to prevent her rape ward with an official report to police. Mr. GRASSLEY. Mr. President, I forensic kit from being destroyed, and We know that sometimes in the imme- know of no further debate on the meas- she recounted the grueling legal proc- diate aftermath of an attack, many ure. ess that she and other survivors have survivors are not prepared to face the The PRESIDING OFFICER. Is there endured in order to win justice. Well, I additional emotional challenges of con- further debate on the measure? was deeply moved by Amanda’s experi- fronting their attacker in the legal sys- If not, the bill having been read the ence, and soon after that initial meet- tem. We also know that after survivors third time, the question is, Shall the ing, I got to work with staff. We have a chance to heal, they are often bill pass? worked through multiple drafts, and more prepared to seek justice. States The bill (H.R. 5578) was passed.

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.106 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6199 Mr. GRASSLEY. Mr. President, I ask the other side of the aisle in letting tics at its very worst. It is the same unanimous consent that the motion to this survivors’ bill of rights pass. I do failed strategy American voters re- reconsider be considered made and laid have some comments on the procedures jected in 2014 when they gave Repub- upon the table. that have held this bill and other bills licans control of the Senate. Perhaps The PRESIDING OFFICER. Without up for too long a time. I usually don’t the Las Vegas Tribune had it right a objection, it is so ordered. feel the need to address the Democratic few months ago when they wrote that Mr. LEAHY. Mr. President, on H.R. leader’s remarks on the floor, but he for the Democratic leader, ‘‘[it’s] poli- 5578 we take an important step forward has decided to put partisan politics tics first, last and always.’’ for victims of crime by establishing above rape survivors for the last week Today I had an opportunity to cham- key protections for survivors of sexual at least, so I cannot stand on the side- pion for Amanda Nguyen and all sur- assault in our criminal justice system. lines and let those remarks go vivors of sexual assault across the I was proud to work with Senator unrebutted. country. I am delighted the Demo- SHAHEEN on this legislation when it The Democratic leader recently said cratic leader relented on this very im- passed in the Senate earlier this year. right here on the floor of the Senate portant piece of legislation and let this Her Sexual Assault Survivors’ Rights that ‘‘Congress is floundering because bill pass. I urge the Democratic leader Act addresses the unique challenges of Republican inaction.’’ This could not to allow these other bipartisan initia- faced by sexual assault survivors. This be further from the truth. If you want tives to pass as well. bipartisan bill received overwhelming to know what is really going on, it is f that the Democratic leader is using po- support in the Senate. The House has RESTRICTIONS ON UNCLASSIFIED litical gamesmanship to hold up non- acted on a companion bill, H.R. 5578, DOCUMENTS that is nearly identical to what Sen- controversial as well as bipartisan leg- Mr. GRASSLEY. Mr. President, ator SHAHEEN championed in the Sen- islation, mostly by Republican Mem- ate. Today we pass the House measure bers who are up for reelection this today I want to again discuss the un- and ensure that it will become law. year. necessary restrictions on unclassified In many jurisdictions across the Why isn’t the so-called objective documents from the FBI’s investiga- country, survivors of sexual assault media reporting on this? One need look tion of Secretary Clinton. By way of background, on September face a labyrinth of complex policies no further than earlier today when 12, I came to the floor and gave a that deter them from pursuing justice. Senator JOHNSON offered a non- speech about the FBI improperly re- We have seen that even when survivors controversial bill to fight ALS, a tragic stricting unclassified documents as if make the decision to come forward, disease, and the Democratic leader they were actually classified. Since sometimes evidence is not properly blocked it. Look no further than what that speech, the FBI Director has con- preserved or tested. This is not accept- happened last week to Senator tinued to talk about transparency, as TOOMEY’s bill, a noncontroversial bill able. Survivors of sexual assault should transparency should be talked about never feel abandoned by our criminal to prevent animals from cruelty and torture. The Democratic leader because the public’s business ought to justice system. be public, and when there is trans- blocked it. Look no further than what Senator SHAHEEN’s Sexual Assault parency, there is accountability in gov- happened earlier this week to Senator Survivors’ Rights Act treats survivors ernment. with the dignity and respect that they THUNE’s bill, the noncontroversial MO- Behind the scenes, the FBI won’t pro- deserve. It guarantees basic rights to BILE NOW Act. The Democratic leader vide documents to the Senate Judici- survivors and serves as a model for re- blocked it. Look no further than what ary Committee unless we agree to very form across our Nation. It strengthens happened earlier this summer to an- strict controls and strict secrecy. The notice requirements to ensure that sur- other noncontroversial bill backed by FBI doesn’t want the committee or the vivors understand their rights, and Senator JOHNSON that would improve committee staff talking about what is know the status of their cases. whistleblower protections. The Demo- in these documents to anyone, not even Senator SHAHEEN was an original co- cratic leader blocked it. Look no fur- privately with witnesses and their at- sponsor of the Leahy-Crapo Violence ther than what happened a few months torneys. Against Women Reauthorization Act, ago to Senator AYOTTE’s bill, a non- Today, I personally spoke with Direc- which was signed into law in 2013 and controversial bill to make anthrax vac- tor Comey about the terms his staff is significantly increased resources for cines available to first responders. The insisting on as a condition for pro- survivors of sexual assault. We are Democratic leader blocked it. That viding the Clinton investigation docu- building on that progress today by same day, just a week after five police ments. I want to be clear with the peo- passing the Sexual Assault Survivors’ officers were killed in Dallas, I tried to ple of Iowa and the American public Rights Act, but our work is not done. I pass my noncontroversial bill to assist about what I told him and what my po- urge the House to pass my bipartisan families of fallen police officers. The sition is as chairman of the Senate Ju- Justice for All Reauthorization Act, Democratic leader blocked that bill as diciary Committee, which is respon- which increases protections for victims well. sible for oversight of the FBI. of crime and provides resources to en- Each time Republicans tried to pass The committee did not agree to any sure key evidence is tested. The Senate noncontroversial, bipartisan legisla- conditions before the first document passed this bill in June by voice vote, tion, the Democratic leader blocked it. delivery last month. In fact, nobody at and I hope the House will act soon so He is the common denominator. I wish the FBI, Senate security, or Senate that it can become law. I could say that I am surprised by the leadership consulted with me as chair- Today, I stand with survivors of sex- obstruction that is being pushed by the man of that committee before accept- ual assault and with Senator SHAHEEN, Democratic leader. But how can I be? ing the documents addressed to the Ju- whose work to protect the rights of This is how the Senate operated under diciary Committee. Still, we honored victims is of great importance. his control. Under his tenure, even those limits in good faith anyway Mr. GRASSLEY. Mr. President, I ask Members of his own party weren’t al- while we tried to get the unclassified unanimous consent to speak for such lowed to offer amendments to his legis- material separated from the classified time as I may consume, and I would lation unless he allowed it. In fact, material. We honored the limits even say it would be in the neighborhood of there was at least one Member on the though we were not obligated by any about 10 or 12, maybe 15 minutes. other side who went a full 6-year term legal restriction or agreement. The PRESIDING OFFICER. Is there without ever being allowed to offer a The controls of these documents are objection? single amendment on the Senate floor overkill for this kind of unclassified Without objection, it is so ordered. for a vote. material. The access controls make it f The Democratic leader’s actions in unnecessarily difficult to use docu- recent weeks—blocking these other bi- ments and to follow up on the informa- THE DEMOCRATIC LEADER partisan and, let me emphasize, non- tion in those documents. Mr. GRASSLEY. Mr. President, I controversial bills—is pure, unfiltered The most objectionable restriction is very much appreciate the leadership on partisanship. It is election-year poli- that we cannot talk about the content

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.107 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6200 CONGRESSIONAL RECORD — SENATE September 28, 2016 of the documents with witnesses and are FEMA forces around the country service. The legislation is called the other third parties, such as their coun- staffed by volunteers—brave individ- National Urban Search and Rescue Re- sel, even if we do it in a nonpublic way, uals who are willing to go into danger, sponse System Act. It is something and that substantially interferes with who are willing to go into places like FEMA asked this Congress to do after the Senate’s ability to continue its the aftermath of 9/11, as they did, or 9/11. It took Congress a while to get constitutional oversight of the execu- Katrina, as they did. through it, but we finally put together tive branch. So the majority leader and We just had the 15th anniversary of legislation with FEMA over the last I each wrote to Director Comey asking the 9/11 attacks, and many of my col- year and a half. The legislation was for a separate set of unclassified docu- leagues came on the floor and talked worked on by Republicans and Demo- ments. Director Comey did not answer about how much they appreciate those crats alike. It has been totally non- that letter. Then the FBI released, first responders who responded for us. partisan. through the Freedom of Information They talked about their virtues and The coauthor of this legislation is Act, virtually all of the same unclassi- how they put their lives on the line to TOM CARPER, the ranking Democrat on fied material that it was asking the rescue victims. Those heroes included the Homeland Security Committee. Senate to treat as if it was classified. members of our urban search and res- The Homeland Security Committee Releasing as much as possible to the cue teams. passed this legislation not with a vote public is the right thing to do, and I As we all do, I remember where I was of Democrats and Republicans on each very much appreciate that Director on 9/11. I was here in Washington. My side but unanimously, with Democrats Comey is complying with his legal obli- wife was in for a rare visit. The morn- and Republicans working together. We gation for transparency under the ing 9/11 happened, I think she got the actually passed the legislation unani- Freedom of Information Act. But these last Enterprise rental car out of town mously back on May 25. document controls imposed before the and went straight home to be with our The legislation not only has the sup- public release make it look as if the three kids to let them know they port of Homeland Security & Govern- FBI is trying to muzzle Congress and would be safe. As she was driving back mental Affairs Chairman JOHNSON, keep us from working with the infor- to Ohio on a Pennsylvania highway, Ranking Member CARPER, Senator mation until after the FOIA process is she saw flashing lights coming the CORY BOOKER, Senator MIKE BENNET, completed. So what is Congress forced other way. It was Ohio Task Force One. Senator DIANNE FEINSTEIN, but it is to do? Congress has to wait in line be- She recognized the truck right away also just common sense. This is exactly hind FOIA requesters before we get ac- because we knew a lot of the members the kind of legislation we should be cess to information in a way that we of that task force. The lights were passing around here. can actually use it as followup for our flashing as they went into danger: It has the support of FEMA, strong investigation. The way this process is They were driving to 9/11. They were support. They are the ones who worked working sets a very dangerous prece- there for weeks. Some were there for with us to put this together because dent that could undermine trans- months. They put their lives on the they want to codify what current rules parency, and transparency is essential line for all of us. are and expand those rules and clarify for accountability in government. At every place around the country, them. Frankly, this whole process is an end these task forces are staffed by the It has the strong support of the Inter- run around our constitutional over- same brave individuals—not just brave national Association of Firefighters, sight responsibility. If an agency wants but highly skilled. We think about the and they are wondering why we can’t to slow-walk Freedom of Information bravery of people like Chief Jeff Payne get this done. requests and give unclassified informa- of Ohio Task Force One, who imme- It also has the support of Homeland tion to Congress with all kinds of diately left his family and went to the Security Secretary Jeh Johnson, with strings attached to prevent us from World Trade Center. We think of men whom I spoke yesterday in a public using it, it could easily thwart over- like Ray Downey, one of the architects hearing about this very bill. He said, sight and accountability for months or of FEMA’s Urban Search and Rescue ‘‘Let’s get it done.’’ He wants us to even years. Program. Ray gave his life that day, 9/ complete this project. He testified be- I cannot agree to document controls 11, so that others could live. I think fore us yesterday—what will probably that prevent the committee from doing about so many around the country who be his last testimony as Secretary be- its job, and the FBI should not ask me are not just brave but highly skilled fore the Homeland Security Com- to do that. and do extraordinary work. They bring mittee—and he said, ‘‘Let’s get this We actually offered not to publicly specialized skills that most first re- done.’’ disclose the contents of the documents sponders wouldn’t have, skills such as Despite this unusual and strong bi- and to treat them as confidential under heavy rigging or the ability to lift partisan support on a critical bill to Senate rules. Why is that not enough large and heavy objects like iron beams help these first responders, we can’t for the FBI to provide documents be- and concrete walls—tools that were seem to get it done. fore the Freedom of Information proc- needed at the World Trade Center. After getting out of committee on ess is complete so that we can use They are absolutely critical to the fu- May 25 with a unanimous vote, we then those very same documents in pri- ture of our emergency response. They took it to the floor. In fact, over the vately questioning witnesses? also went to Katrina to save lives last couple of weeks, we have had it as All 100 Senators need to consider the there. They are volunteers. They leave a hotline, meaning you ask your col- consequences of allowing the executive their families on a moment’s notice leagues whether they are OK with it branch to unilaterally impose restric- when they are needed for this vital sup- passing. Of course, there has been no tions on unclassified information like port. On 9/11, some lost their lives in concern at all about the substance of this. We must protect the independent service. the bill, so on our side of the aisle, no powers of the Senate from the execu- The families who were affected by concerns were raised. By the way, it tive branch overreach. that want to be sure that when those took 1 day to hotline it on our side, of Mr. President, I yield the floor. members deploy at the risk of their course, because there is no controversy The PRESIDING OFFICER. The Sen- health, employment, and personal li- about it. ator from Ohio. ability, that when they put it all on On the other side of the aisle, we f the line, we are there for them. That is have been asking every day. I have what this legislation does. been asking my colleagues, including UNANIMOUS CONSENT REQUEST— It doesn’t have to be the way it is TOM CARPER and CORY BOOKER, who S. 2971 now because we could put legislation in want to get this done, if they can help. Mr. PORTMAN. Mr. President, I rise place that would take a lot of those They said there seems to be a hold on today to talk about legislation that concerns away, give people more peace it. They say it is an anonymous hold. would support our first responders— of mind, and protect these first re- In other words, somebody is objecting specifically those who work on our sponders from lawsuits, medical ex- to it over there on the other side of the urban search and rescue teams. These penses, and job loss as a result of their aisle, but they won’t come forward and

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.109 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6201 say they are objecting to it. To me, Senator inquires as soon as Repub- supportive of firefighters and does not that is wrong. That is why a couple licans have a little common sense— object to the merits of the legislation, days ago I said I was going to come to they used that word—and schedule a so my hope is that we can get this the floor and ask unanimous consent to hearing and a vote on the nomination done. find out who could possibly be object- of Judge Garland. Mr. REID. Mr. President, I would ask ing to this. My colleagues asked me if I object. my friend before he leaves that the I could give them a couple days to The PRESIDING OFFICER. Objec- Senator modify his request: that fol- check it, so I have. So I didn’t do it the tion is heard. lowing a vote on confirmation of the day before yesterday when I planned Mr. REID addressed the Chair. nomination of Merrick Garland to be a to, and I didn’t do it yesterday because The PRESIDING OFFICER. The Sen- Justice of the United States Supreme they wanted more time to check on it. ator from Ohio has the floor. Court, the Senate proceed to the imme- They continue to tell me that there Mr. PORTMAN. Mr. President, this diate consideration of his matter. is a hold, and it is an anonymous hold. will probably be the last time I will The PRESIDING OFFICER. Will the I hope it is not for political purposes. have a chance to talk to the minority Senator modify his request? That would, of course, be an incredible leader across the floor. I have worked Mr. PORTMAN. No. On behalf of the disservice to these first responders. If with him on a number of things over majority leader, of course I object to they think these task force members the years, including when I was in the that. I am amazed that we are blocking should come home from saving lives Senate and before the Senate. I guess I legislation to help our urban search and have to pay for expensive injuries am going to plead with him this and rescue teams by bringing partisan or health problems acquired in their evening and say please don’t block politics into this discussion, and I ob- service, we should have a conversation this. This has nothing to do with Su- ject. about that. If they think they preme Court nominations. It has noth- The PRESIDING OFFICER. Objec- shouldn’t have a job waiting for them ing to do with the other rancor we have tion is heard. when they get back, we should have a seen here on the floor. This is a bill Mr. REID. Mr. President, I submit conversation about that. But frankly, that is totally bipartisan. In fact, it is that—my friend still has the floor, so I in my view, I don’t think that is the one that TOM CARPER, the ranking don’t want to interrupt. issue. I can’t imagine anybody objects member of the committee, is the co- Mr. PORTMAN. I would be happy to to this on the substance, so let’s get author of. It is one they have been ask- yield to the minority leader. this done. ing for from FEMA for 10 years, even f Mr. President, I ask unanimous con- going back to a previous administra- THE SENIOR SENATOR FROM IOWA sent that we get it done; that the Sen- tion. It is one that has been up here on ate proceed to the immediate consider- the floor for the last couple of weeks Mr. REID. Mr. President, I don’t ation of Calendar No. 578, S. 2971; fur- with no objections on the substance, know how anything could be more po- ther, that the committee-reported not a single one. litical, more repugnant to our system amendment be agreed to, the bill, as I know Senator REID knows well that of government than what has happened amended, be considered read a third he has a task force in Nevada too. It is with Merrick Garland. time and passed, and the motion to re- Nevada Task Force 1, located at the The senior Senator from Iowa came consider be considered made and laid Clark County Fire Station in Las here, and I waited for him—came to the upon the table. Vegas. I know he knows it well. They floor to talk for a long time and in the The PRESIDING OFFICER. Is there strongly support this legislation. Of process took credit for a bill that was objection? course they do. All of them do. The Senator SHAHEEN’s bill. It was her bill. The Democratic leader. He took it and put his name on it. That Mr. REID. Mr. President, my friend International Association of Fire- was interesting. In the same setting, he from Ohio talks about common sense. fighters strongly supports this legisla- complained that I had objected to some Common sense dictates to me that the tion. bills advanced by Republican Senators. Republicans who run the Senate have If I can ask unanimous consent to I have to say that the Senator from had months to turn their attention to put Senator REID’s name as the author Iowa has a lot of nerve to complain bills like this. They also have had rather than me, I would do that to- about our side blocking legislation. months to do something else. For al- night. Am I permitted to do that, Mr. The Republican Senate has written the most 200 days we have been waiting— President? waiting for the Republicans to have a Mr. REID. I object. book on obstruction, filibustering 644 hearing with Merrick Garland. The PRESIDING OFFICER. Objec- times in the time I was leader. That is The Supreme Court is at a standstill. tion is heard. a lot. It is so far out of the norm that Nothing is being done. A new term, and Mr. PORTMAN. Mr. President, I am it is not worth trying to be able to they basically are afraid to take cases willing to have this be a Reid bill. It state more than what I did yesterday. of controversy. Why? Because it is four would be a good bill here toward the Lyndon Johnson was the majority to four. So common sense dictates to end of the session for the Senator to leader for 6 years. There is some dis- me that we should address the vacancy do, which would help his firefighters. I pute over how many filibusters he had on the Supreme Court caused by the will withdraw my name from the bill. to overcome. We know it was one, and death of Justice Scalia. I ask unanimous consent to withdraw some say two. So two compared to 644 On March 16, 2016, he was nominated. my name from the bill and insert Sen- shows how outrageous is the conduct of We are approaching October. To date, ator REID’s name instead or anybody the Republicans. The Senator from the Senate has not held a vote or even else he chooses. Iowa has written the book on obstruc- a hearing. It is nice that a few have de- The PRESIDING OFFICER. Is there tion of nominations. He singlehandedly cided to break from the Republican objection? blocked Judge Garland’s nomination, leader and even met with the man. Mr. REID. Yes. and doing so is unprecedented. Never That was nice of them to do that. Why The PRESIDING OFFICER. Objec- has a Judiciary Committee acted in haven’t they held a hearing? Because tion is heard. this manner. they know they can’t hold a hearing. Mr. REID. I have objected. To use Senator GRASSLEY’s own Here is one of the most reasonable peo- The PRESIDING OFFICER. Objec- words, Senator GRASSLEY’s action is ple who could ever be selected for the tion is heard. ‘‘pure, unfiltered partisanship. It is Supreme Court. The former chair of Mr. PORTMAN. Mr. President, I election-year politics at its very the Judiciary Committee, ORRIN thank him for hearing me out tonight. worst.’’ That was a quote from my HATCH, said he should be put on the And to my colleagues, I hope this is friend, Senator GRASSLEY. If the senior bench. He would be a consensus nomi- legislation we can move forward on as Senator from Iowa is looking for pure, nation. But not in this Republican soon as we get into another session, I unfiltered partisanship, the next time world, no. guess the lameduck session. I hope to he combs his hair or shaves, he should So Democrats would be happy to con- go to work with my colleague from Ne- look in the mirror. sider bills like this about which the vada on that. I know he has been very I yield the floor.

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.110 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6202 CONGRESSIONAL RECORD — SENATE September 28, 2016 The PRESIDING OFFICER. The Sen- now 3,358 cases of Zika. In U.S. terri- I suggest the absence of a quorum. ator from Florida. tories, primarily the island of Puerto The PRESIDING OFFICER. The f Rico, there are now close to 20,000 clerk will call the roll. cases. In my home State of Florida, The senior assistant legislative clerk ZIKA VIRUS FUNDING there are now 904 cases—109 of them proceeded to call the roll. Mr. RUBIO. Mr. President, I want to were locally transmitted, meaning Mr. RUBIO. Mr. President, I ask come to the floor to say that after a lot they were not acquired abroad. They unanimous consent that the order for of work, the Senate has finally passed were acquired in the State. There are the quorum call be rescinded. funding to take on Zika—a cause I 91 pregnant women in the State of The PRESIDING OFFICER. Without have been talking about since April of Florida infected by Zika. objection, it is so ordered. this year. I want to say, in full credit While Congress did nothing and while f to the Senate, that this is actually a the President refused to fully spend the TAX AND HEALTH CARE POLICY very similar proposal that the Senate spending authority it had available to Mr. HATCH. Mr. President, we are proposed in May, and it is now the one him for weeks, this crisis continued to currently in the middle of an election before us. I am sad that it took so long grow. The health impact of it is well year. Like most Americans, I look for- to get to this point, but at least we are understood, but the economic impact ward to the end of the political cam- here now. has not been discussed nearly enough. paign season and the end of the rhet- As I said before, it is better late than We know for a fact that there are oric, spin, and constant battle to win never. To the people of my home State bookings that are down in Miami of Florida, to the people of the island the latest news cycle. Beach. That is not just an inconven- Don’t get me wrong, I am not saying of Puerto Rico, who have been dis- ience. My parents worked in the hotel this election is meaningless. In fact, proportionately impacted by the out- industry. That is how they raised our there is quite a bit at stake this com- break of Zika in the United States, I family—my father in particular. If ho- ing November. And the American peo- want to say that despite a long wait, tels are suffering because people are ple have some clear choices to make. help is finally on the way. Help is fi- canceling trips because they are afraid Unfortunately, some of the more nally on the way in the form of a $1.1 of Zika, it is the people that work at complex and consequential policy mat- billion anti-Zika package which is part those hotels who are most immediately ters are the ones that most frequently of this larger law—this larger bill that impacted. end up in the middle of the political passed today to keep the government We have seen restaurants and small echo chamber, surrounded by hyper- open beyond September 30. businesses associated with visitors re- bolic rhetoric, empty promises, and Included in the law that passed today port the same thing. Anecdotally, I overly simplistic answers to some very is $15 million that is specifically tar- have had people come up to me over difficult questions. geted for States with local trans- the last month and say: Is it safe to This includes, among many other missions. The only State so far that travel to Florida? Is it safe to go down areas, tax and health care policy, both has had local transmissions is my there? of which fall largely under the jurisdic- home State of Florida. Today, $15 mil- The answer is that it is. It is safe to tion of the Senate Finance Committee, lion is, hopefully, on its way to Florida come to Florida, but that doesn’t mean which I chair. if we can get this done in the House to we don’t have a Zika problem. It Let me be clear: I understand why help with the fight against Zika. doesn’t mean it doesn’t need to be ad- both tax and health care policy are fer- It also includes $60 million, specifi- dressed. Local communities in the tile grounds for political gamesman- cally for territories like Puerto Rico. State of Florida and the island of Puer- ship. Puerto Rico has the highest number of to Rico—the territory, the Common- When we are talking about the Tax infected American citizens with Zika. wealth—had to step forward and fund it Code or our health care system, we are Today is good news for Puerto Rico. on their own until now. taking about issues that impact the This took far too long, but I am glad While it is good news that we have fi- lives and livelihoods of individuals, we are finally here. This anti-Zika nally passed Zika funding in the Sen- families, and businesses throughout package rightfully prioritizes Ameri- ate, it now has to go to the House. I our country. As a result, people are cans in Florida and in Puerto Rico, and would urge my colleagues in the House particularly sensitive to the notion I am encouraged that after months of to pass this quickly—not just to keep that one party or candidate might working on this, my calls for action the government open but to finally raise their taxes or enact policies that have finally been answered and real as- fund the fight against Zika and to en- will increase—or decrease—their sistance from the Federal Government sure that the research that is going health care costs. is finally on its way. into the development of vaccine is not Politicians are usually more than I have to reiterate that it is shameful slowed down. willing to promise that, if elected, they that it took so long and that this pub- There are other things we can do to will make sure that the people in cat- lic health crisis was made worse by address this. For example, I have pro- egory X will ‘‘finally pay their fair people playing political games in posed opening up the Small Business share in taxes,’’ while simultaneously Washington, DC. Administration loan program that is promising that the intended audience If anyone is in doubt about whether available for businesses that suffer the will not see their taxes go up. that is partisan, I think the games effects of natural disasters to also be Similarly, politicians are quite fond have come from both side of the aisle. able so that businesses may avail of telling people that their policies will It took far too long for colleagues in themselves of these loans if they are bring down their health care costs—or my own party to understand the grav- suffering because of a health epidemic. even eliminate them altogether—while ity and severity of this outbreak, and, The SBA has indicated that they are promising that the people in category sad to say, the Democratic minority in open to that change, and I hope that is X will be the ones to pay for it. the Senate used this as a political tool something we look at when we return I suppose the factor that most often for much of the month of August and in November. separates these politicians from one even as late as yesterday. I am glad Suffice it to say that I want to close another is whom they include in cat- that these critical resources are now out here today by telling the people of egory X, whom they choose to slap moving forward so that we can help Florida that, after a wait that took far with an unfavorable label so that their thousands of Americans suffering from too long, after months of hard work audience has no problem raising their this virus and so that we can step up and focus and bipartisan cooperation, taxes or making them foot the cost of our mosquito eradication efforts and help is finally on the way. Help is fi- an expanded health care system. ultimately so that we can develop a nally on the way in the form of $1.1 bil- This type of rhetoric—defining en- vaccine that eradicates Zika for good. lion, including $15 million for Florida emies and promising to make them While the funding is on its way, the and $60 million for the territory of pay—may make for good politics, but problem still continues. In the main- Puerto Rico. it almost never results in favorable land of the United States, there are I yield the floor. conditions for meaningful reforms.

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.112 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6203 That is a big reason why, despite al- tails when she talks about her tax pro- premiums continue to skyrocket while most universal dissatisfaction with the posals. For the most part, her cam- the implementation of the President’s Tax Code, Members of Congress have paign sticks to the tried and true health law continues to be a disaster. for years now been unable to enact Democratic tactic of promising every- Enrollment numbers in the Obamacare meaningful reforms. thing from tax cuts to ‘‘free’’ college exchanges continue to fall well below It is also a major reason why, even tuition, to child care for middle and the projections made by both the ad- though the vast majority of Americans lower-income workers, while simulta- ministration and the Congressional do not believe our current health care neously claiming that all of it and Budget Office, and the result is a system works for them, many politi- more can be paid for simply by raising steady decrease in options for patients cians refuse to even acknowledge that taxes on the rich and closing corporate and consumers and increased burdens there is even a problem. tax ‘‘loopholes.’’ on businesses and hardworking tax- Put simply, we need to do better. Just last month, a top advisor to the payers. While I understand the importance of Democratic nominee said that she op- Even without the inherent systemic elections to our system, we should not poses any reduction of the U.S. cor- problems causing the downward spiral let election-year rhetoric paint us into porate tax rate, even though there is a of the entire Obamacare system, the a corner when it is time to draft and broad consensus among both parties implementation of the law has been re- enact policy. that our corporate tax rate is too high markably inept and unaccountable. For example, nearly two-thirds of the Case in point, for years now, the and needs to come down. Obama administration has been I suspect that Secretary Clinton’s ad- Obamacare CO-OPs have failed, costing taxpayers billions of dollars. ramping up its political rhetoric on visors share this belief behind closed In addition, the Government Ac- corporate inversions, fully aware that doors, as it is, for the most part, con- countability Office repeatedly reports the American people were rightly con- ventional wisdom among tax policy ex- that criminals and fraudsters are like- cerned about U.S. businesses moving perts; yet, as they have in countless ly able to navigate the Obamacare ex- their headquarters offshore. other situations, they have made a po- changes and even obtain tax subsidies After years of attacking American litical calculation that supporting a re- due to the lack of proper safeguards in businesses—and Republican politi- duction in corporate tax rates doesn’t the system. cians—for a supposed lack of ‘‘eco- play well with the Democratic base. Despite all of these failures, which nomic patriotism,’’ they finally had to Let’s set aside the fact that increas- highlight both the shortcomings of the translate their rhetoric into policy, ing the tax burden on American busi- law and the innate inability of govern- which resulted in the recently proposed nesses results in costs that are largely ment to regulate such a vast and com- debt-equity regulations that have passed along to consumers, including plex marketplace, the Democrats still drawn criticism from observers and lower and middle income earners. argue that more government is the an- businesses throughout our economy Let’s also set aside that their nomi- swer. and Members of Congress on both sides nee has expressed support for ideas like President Obama has repeatedly re- of the aisle for being too broad and too a that would also result in fused to acknowledge that the health blind to ways in which businesses le- higher costs of living for Americans law isn’t working, writing off unfavor- gitimately manage their finances. across the board, particularly on the able data points as being anecdotal or By all means, we should try to pre- middle class and lower-income work- irrelevant to the bigger picture. vent inversions and go after earnings ers. The Democrats’ nominee for Presi- stripping, which is a closely related And let’s also set aside the fact that dent takes it one step further, doubling problem. I think most reasonable peo- she has endorsed taxes on goods like down on the Obama administration’s ple want to do that. But the Obama ad- guns and soda, many of which would be position while promising even more ministration’s proposed regulations go predominantly imposed, not on the government control of the health care after many legitimate business trans- super wealthy, but the middle class and system. actions—transactions that are not at lower-income earners. She has outlined a number of ‘‘re- all motivated by tax avoidance. If you ignore those statements on her forms’’ she would like to add to the Put simply, these regulations will part and focus on her plan, her tax and ‘‘progress we’ve made’’ under impose substantial burdens on busi- spending proposals have little basis in Obamacare. And, each of her proposals nesses throughout the country and will reality. Modest increases in the indi- amounts to an expanded role for the likely hamper our still fragile eco- vidual tax rates for the highest earners Federal Government. nomic recovery. wouldn’t cover our current and pro- Most notably, of course, she has res- Despite the backlash that we have jected deficits, let alone pay for the urrected the so-called public option, by seen to the Treasury Department’s pro- massive spending increases she has pro- promising voters access to a govern- ment-run health care plan. posed regulations under section 385, posed. Similarly, there aren’t enough She is not alone. An expanded role they show no signs of backing down— corporate tax ‘‘loopholes’’ that could for the government in health care is and how could they? After years of de- reasonably be eliminated to cover the what most Democrats openly say that monizing American companies and Re- costs of her campaign promises. they want. publicans over inversions, how politi- We know this because we have gone I am not making that up or casting cally advantageous would it have been through it with the current occupant unfounded aspersions. This isn’t para- to sit down with Members of Congress of the White House. In every major noia on my part. My colleagues have to craft more narrowly focused, reason- budget dispute and many of the con- purposefully chosen to make the cre- able solutions that would not grab as flicts surrounding the statutory debt ation of a government-run health care many headlines? limit, President Obama has repeatedly plan a central tenet of their 2016 cam- Ultimately, the Obama administra- clamored for increased taxes on the so- paigns. Just a few weeks ago, the vast tion has determined that it is better— called rich, often claiming that doing majority of the Senate Democratic politically speaking—to, as the saying so would solve our budgetary problems. caucus signed onto a resolution calling goes, go big or go home on its anti-in- This is, of course, a facade that only for a government-run health insurance version policies and hope that anyone serves a political agenda and it has per- option. from the opposing party who speaks meated beyond the election season and It is almost as if the last 7 years out against them will be seen as soft on into discussions that are supposed to didn’t happen. corporate inversions. be about actually creating policy. It is almost as if my colleagues And, when it comes to tax policy, it As I mentioned earlier, this problem haven’t seen the failures of the existing appears that the pattern will not be persists outside of the tax space. We system and the overwhelming evidence changing if we are faced with another also see it in our debate over health of government ineptitude when it Democratic administration after No- care policy. comes to health care. vember. Here is the reality we are living in In their resolution, my colleagues are The Democrats’ nominee for Presi- when it comes to health care: Costs are telling the American people that ex- dent has been relatively short on de- going up across the board as insurance panding the government’s role in

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A28SE6.058 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6204 CONGRESSIONAL RECORD — SENATE September 28, 2016 health care will ‘‘lead to increased As chairman of the Finance Com- As President Obama explained in a competition and reduced premiums,’’ mittee, I am well aware that I am letter to me, ‘‘Enacting JASTA into and ‘‘ensure that consumers have the going to be tasked with translating law . . . would neither protect America affordable choices they deserve,’’ even election-year rhetoric into workable from terrorist attacks nor improve the though virtually everything about the policies. I am also aware that the poli- effectiveness of our response to such Obamacare experience contradicts that cies that fall within the Finance Com- attacks. . . . JASTA sweeps much conclusion. mittee’s jurisdiction are often those more broadly than 9/11 or Saudi Arabia, The inevitable result of the course where we hear some the most conten- and its far-reaching implications would my colleagues want to follow is a sin- tious rhetoric and unrealistic promises threaten to undermine important prin- gle-payer health care system, even if during each and every election cycle, ciples that protect the United States, many of them won’t admit that is their which makes the job of crafting policy including our U.S. Armed Forces and long-term goal. I have noted several that much harder. other officials overseas, without mak- times that, in a world where the gov- Don’t get me wrong, I don’t doubt my ing us any safer.’’ ernment dictates both the products on own ability to reach policy solutions In its current form, JASTA under- the health insurance market and the that can satisfy members of both par- mines the principle of sovereign immu- prices at which they are sold, the even- ties, and, as chairman and previously nity in U.S. courts, which could have tual result will be a market where the as ranking member, I have worked very significant reciprocal ramifications. If government is the only available pro- hard to do so. And, prior to that time, JASTA becomes law, other countries vider. I had a great deal of success working will likely follow suit and enact laws From the time Obamacare was draft- through difficult policy matters with that threaten U.S. interests and jeop- ed, I have argued that Democrats in- members in both parties to find the ardize the United States’ ability to op- tended to keep expanding the role of right answers to complex problems. erate internationally. As Secretary of the government in the health care sec- I believe strongly that we can be suc- Defense noted, ‘‘[JASTA] is tor until they could argue that, after a cessful in coming up with tax policies, likely to increase our country’s vulner- series of failures, the only option left is health care policies, or any other poli- ability to lawsuits overseas and to en- a nationalized, single-payer health care cies that serve the best interests of the courage foreign governments or their system. American people. I simply do not be- courts to exercise jurisdiction over the And my arguments have been called lieve that election-year rhetoric and United States or U.S. officials in situa- paranoid and inflammatory by pundits hyperbolic campaign promises are the tions in which we believe the United and politicians on the other side; yet, right starting points for these efforts. States is entitled of sovereign immu- looking at this current campaign sea- Allow me to boil it down a little fur- nity. U.S. Servicemembers stationed son, it is not remotely a stretch to say ther and get more specific. here and overseas, and especially those that my colleagues support and eventu- I believe wholeheartedly that we can supporting our counterterrorism ef- ally intend to impose a health care sys- reform our broken Tax Code on a bipar- forts, would be vulnerable to private tem run entirely by the government. tisan basis, I just don’t think we can do Whether we are talking about taxes individuals’ accusations that their ac- it by starting with the notion that tax or health care or anything else, the tivities contributed to acts alleged to reform should be about raising revenue problem with this type of rhetoric and violate a foreign state’s law.’’ all of these campaign promises isn’t for increased spending and punishing As the Senate Democratic leader, I that my colleagues are simply wrong disfavored income groups, unpopular feel an obligation to support my Presi- on the facts. The problem is that, when industries, or savvy investors. dent. Although I am voting to sustain the rubber meets the proverbial road, I also believe we can find a bipartisan the President’s veto, I would be sup- these kinds of promises don’t lead to way to fix our ailing health care sys- portive of follow-on efforts to modify good results for the American people. tem. But I simply don’t believe that it the JASTA bill in a way that would And, here is why: While some unfor- can be done if we are focusing on ex- allow victims to secure justice while tunately seem to live in a perpetual panding government in order to keep protecting core U.S. interests. election cycle, once the votes are all campaign promises to create a govern- f ment-run health plan. counted, we have an obligation to actu- CONTINUING RESOLUTION ally govern the country. I look forward to tackling these I know that fact is sometimes lost on issues with my colleagues and to reach- MR. DURBIN. Mr. President, I want a number of people in this town, but it ing across the aisle to find the right to take a few minutes to talk about the is the cold, honest truth. The purpose answers. In my view, that will be much continuing resolution passed by the of elections is to eventually enact poli- easier to accomplish if my friends on Senate earlier today. This bipartisan cies that are preferred by the voters. the other side of the aisle will eventu- agreement is the result of weeks of ne- Yet, in every election, candidates and ally be willing to set aside the rhetoric gotiations between Democrats and Re- Members of Congress spend months they have employed during the cam- publicans in both the House and Sen- taking unreasonable positions and paign to appease their base. ate. It funds the Federal Government making outlandish promises because I am willing to work with anyone to through December 9 at fiscal year 2016 they play well with the voters. But, address these and other issues. We’re levels and provides much-needed fund- once the election is over, all of that just going to have to find a way to cut ing to fight the ongoing Zika public rhetoric—the promises as well as the to through the politics and partisan- health emergency. We also now have an attacks—have to be translated into ac- ship that all too often slows us down. agreement on a path forward to finally tual policy. And, far too often, that f address the public health crisis in process of translation leads either to Flint, MI. JUSTICE AGAINST SPONSORS OF gridlock when elected officials refuse Funding the government through a TERRORISM BILL to move off of their unreasonable cam- stop-gap measure like this is not ideal, paign positions or to results that, in Mr. REID. Mr. President, today I re- but it provides Congress additional the eyes of many voters, appear wa- luctantly voted to sustain President time to negotiate a larger funding tered down in comparison to the prom- Obama’s veto of the Justice Against agreement to fund the Federal Govern- ises they heard in the middle of cam- Sponsors of Terrorism Act, JASTA. It ment through the end of the 2017 fiscal paign. is essential that we honor families of year. Is it any wonder, then, that the the 9/11 victims. I am supportive of Included in this agreement is $1.1 bil- American people are, by and large, their efforts to pursue justice and hold lion in emergency funding to help growing more distrustful of the govern- accountable foreign powers that sup- States and our Federal health agencies ment? port terrorism in the United States. properly respond to the Zika epidemic. Is it any wonder why the vast major- However, I am concerned that JASTA As of last week, there were more than ity of Americans across the ideological erodes longstanding international im- 23,000 reported cases of Zika in the spectrum have a negative view of Con- munity protections that are essential United States and its territories, in- gress? to the security of the United States. cluding more than 2,000 pregnant

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A28SE6.059 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6205 women who have been infected. This bring much-needed transparency to the out the State, including working to es- money will be used for vaccine develop- U.S. political process. Shareholders de- tablish the Police Training Institute at ment, mosquito control, and the deliv- serve to know when outside spending in the University of Illinois. The associa- ery of much needed health care. political campaigns comes from the tion makes sure that police chiefs have While I am glad Congress will finally coffers of a company they have in- the information and training they need provide these much-needed funds, Con- vested in. to engage in effective community po- gress should have provided this funding Unfortunately, last year, this provi- licing. From its headquarters on Fifth sooner. It has been 7 months since the sion limiting the SEC’s rulemaking au- Street in Springfield, the association’s President requested emergency funding thority was slipped into the omnibus influence has spread across the Nation to address Zika and 4 months after the appropriations bill, which we had to and the world, with seven members of Senate passed a bipartisan bill to pro- pass in order to fund the government the association having served as the vide Zika funding. for the 2016 fiscal year. And I am dis- president of the International Associa- But it has taken this long for Repub- appointed that under this continuing tion of Chiefs of Police. licans to finally agree to drop their resolution, this rider will continue to Throughout its history, the associa- outrageous demands to attach partisan strangle the SEC’s authority. I will tion has worked to earn and maintain poison pills to this vital public health work with my colleagues to strike this the respect of the people the associa- funding. The agreement does not in- problematic rider in future legislation. tion’s members serve. The association clude controversial policy riders to I am also disappointed that the con- has been guided by its values of com- overturn provisions of the Clean Water tinuing resolution fails to address on- passion, integrity, accountability, fair- Act, nor does it block money from going issues with the Export-Import ness, professionalism, innovation, con- going to Planned Parenthood health Bank. Last fall, a bipartisan majority tinuous improvement, diversity and in- centers that so many women rely on to of the House and Senate joined to- clusion. Not only has the association access health care. gether to end a 5-month shutdown of represented the voices of Illinois’ law We have also reached a bipartisan the Export-Import Bank. Despite the enforcement leaders as they work to agreement on providing funding to ad- end of the shutdown, the Bank remains protect the community, but the asso- dress the crisis in Flint, MI. The people unable to function because the board ciation also has given back to the com- of Flint have waited 1 year—far too lacks the quorum necessary to approve munity through its longstanding sup- long—for Congress to do our job and financing deals of more than $10 mil- port of the Special Olympics and other address the public health emergency lion. This not only harms large manu- charitable causes. that has poisoned 9,000 children and facturers and their employees, it also As the association comes together on left 100,000 residents without access to has a negative impact on thousands of October 1, 2016, to celebrate its 75th an- clean and safe water. Instead of turn- small businesses that are suppliers and niversary, I want to recognize and ing on the tap to make breakfast or subcontractors and the hard-working honor the Illinois Association of Chiefs take a shower, Flint residents start men and women they employ. The Of Police, its more than 1,200 members their day by waiting in long lines for President has nominated two qualified from nearly 500 agencies across Illinois, bottled water to feed and bathe their candidates, including a Republican, to its staff, and its board of officers: children, take showers, and stay serve on the board, but those nomina- President Chief Steven Casstevens of healthy. The House has moved to in- tions are being held hostage by the the Buffalo Grove Police Department, clude funding for Flint in their Water Chairman of the Senate Banking Com- First Vice President Chief James Resources and Development bill, and I mittee. That is why I have supported Kruger of the Oak Brook Police De- am hopeful that a final agreement on language to deem the existing board as partment, Second Vice President Chief assistance for Flint will be reached in having the quorum needed to do its Brian Fengel of the Bartonville Police the coming months. I also hope the work until these nominations can be Department, Third Vice President final agreement will include funding considered—a move that is not unprec- Chief Steven Stelter of the Westchester for other communities, like those in edented. It is my hope that we will con- Police Department, Fourth Vice Presi- my home State of Illinois, facing lead tinue to work together to restore the dent Chief James Black of the Crystal contaminated water issues. Bank’s operating board quorum so that Lake Police Department, Immediate While this continuing resolution is a we can prevent further disruption to Past President Chief Frank Kaminski promising, bipartisan step forward, I the economic security of American of the Park Ridge Police Department, am concerned about a provision that workers. and Parliamentarian Chief Russell limits the Security and Exchange Com- I am proud that bipartisan coopera- Laine of the Fox Lake Police Depart- mission’s ability to finalize, issue, or tion resulted in today’s continuing res- ment. implement a corporate political spend- olution to keep the federal government Our men and women in law enforce- ing disclosure rule. In 2010, the Su- open and operating through December ment put their lives on the line every preme Court issued a far-reaching deci- 9, but our work here in Congress is day to help protect and serve our com- sion in Citizens United v. Federal Elec- hardly done. I will continue to work munities. For the past 75 years, the Il- tion Commission. On a divided 5–4 vote, with colleagues over the months ahead linois Association of Chiefs of Police the Court struck down years of prece- to reach a bipartisan agreement on has been there to help support and dent and held that the First Amend- how we will fund the federal govern- guide Illinois’ police chiefs and their ment permitted corporations to spend ment for the year to come and finally departments every step of the way. I freely from their treasuries to influ- provide funding to address the public am grateful to the association for its ence elections. As a result of Citizens health crisis in Flint. steadfast service to our State, and I United and a series of decisions that f commend and honor the association on followed in its wake, special interests the occasion of its 75th anniversary. and wealthy, well-connected campaign 75TH ANNIVERSARY OF THE ILLI- f donors have so far poured more than $2 NOIS ASSOCIATION OF CHIEFS billion of outside spending into recent OF POLICE RECOGNIZING CREATING ENTRE- Federal elections, including 2016 races. Mr. DURBIN. Mr. President, this PRENEURIAL OPPORTUNITIES In the years since Citizens United, sev- year marks the 75th anniversary of the PROGRAM eral of my colleagues and I have called establishment of the Illinois Associa- Mr. DURBIN. Mr. President, today I for the SEC to initiate a rulemaking tion of Chiefs of Police, and I wish to wish to recognize the Creating Entre- requiring public companies to disclose commend the association for its seven- preneurial Opportunities, CEO, pro- their political spending to share- and-a-half decades of dedicated service gram, a yearlong class that creates a holders. More than 1.2 million securi- to the people of Illinois. real-world learning environment for ties experts, institutional and indi- Since its creation in 1941, the asso- high school students across Illinois. vidual investors, and members of the ciation has worked to elevate the The CEO program was started by au- public have asked the SEC for a disclo- training and professional development thor Jack Schultz, Craig Lindvahl, and sure rule. Such a rulemaking would of law enforcement leadership through- other community leaders to change the

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A28SE6.054 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6206 CONGRESSIONAL RECORD — SENATE September 28, 2016 way America’s youth approach prob- with friends and neighbors. At the cen- him for continuing the outstanding lems and give them more control over ter of this political three-ring circus is work started by Senator Paul Simon at their futures. The mission of the CEO the Des Moines Register, and for nine Southern Illinois University. I espe- program is ‘‘to prepare youths to be re- Presidential campaign cycles, that cially want to thank David’s wife, Dr. sponsible, enterprising individuals who meant David Yepsen. Mary Stuart, and daughter Elizabeth become entrepreneurs and contribute It should come as no surprise that for sharing so much of their husband to the economic development and sus- David has had a lifelong interest in pol- and father with the Paul Simon Public tainability of their community.’’ itics. In high school, he was elected Policy Institute at SIU. I wish him and Throughout this program, partici- student body president, governor of the his family all the best. pants visit 30 to 50 community busi- Iowa American Legion’s Boys’ State f nesses during the school year. They program, and U.S. senator in the NOMINATION OF JEFFREY learn how to start their own businesses group’s Boys Nation program. DELAURENTIS from actual CEOs of local, national, David Yepsen is ‘‘Mr. Iowa.’’ Born in and international companies. They also Jefferson, IA, David graduated from Mr. LEAHY. Mr. President, yester- develop important life skills: critical the University of Iowa, studied jour- day President Obama nominated Jef- thinking, problem solving, teamwork, nalism and mass communications at frey DeLaurentis to be U.S. Ambas- and communication. Through this pro- Iowa State University, and earned a sador to Cuba. If confirmed, Mr. gram, students gain a new sense of self- masters in public administration from DeLaurentis would be the first U.S. confidence to become future business Drake University in Des Moines. In Ambassador in Havana in more than leaders. 1977, David became a Statehouse re- half a century. The success of the CEO program porter for the Des Moines Register. I have known Jeff DeLaurentis since would not be possible without Craig And in 1983, he got his big break be- he became the U.S. chief of mission in Lindvahl, the executive director of the coming the Des Moines Register’s chief Havana, and he is the obvious choice to Midland Institute for Entrepreneurship political reporter. He was later named be ambassador. He is a career diplomat in Effingham, IL. Every day he works political editor and, in 2000, was pro- who is universally respected by his to empower students through the CEO moted to full-time political columnist. peers and by Democrats and Repub- In 1997, after retiring from the U.S. program. Craig, who is a nationally licans in Congress for his intellect, his Senate, Paul Simon established a pub- recognized teacher and filmmaker, has integrity, and his thoughtfulness. lic policy institute at Southern Illinois The decision to resume diplomatic spent the last 5 years teaching the CEO University. When it first opened, the relations with Cuba has been widely program and bringing together busi- institute was considered a think tank supported, and the number of Ameri- ness people, community leaders, and by many, but not by Paul Simon. He cans traveling to Cuba is increasing students from high schools across Illi- called it a ‘‘do tank.’’ In 2009, David dramatically. We need an ambassador nois. The program has also expanded Yepsen became director of the Paul who knows Cuba, who is respected by into Minnesota and Indiana. Simon Public Policy Institute, and the Cuban Government, and who will Under Craig’s leadership, the CEO under his leadership, it was exactly stand up for U.S. interests and values. program is helping build a strong foun- that. Throughout the years, he has or- Jeff DeLaurentis is that person. The dation for our students, which will ganized countless events—including a Cuban people have their ambassador in have a lasting effect on their futures. ‘‘pizza and politics’’ program—encour- Washington. The American people need Our Nation’s economy is evolving at a aging students on campus to get in- their ambassador in Havana. rapid rate, and in order to meet labor volved in politics and government. Not surprisingly, one Senator who demands and foster innovation, we David never lost sight of Paul Simon’s has opposed the resumption of diplo- need mentors like Craig and programs vision and always searched for ways matic relations with Cuba criticized like CEO to help prepare our students the institute could educate the public the nomination of Mr. DeLaurentis. with the necessary skills to be com- and even influence Washington, DC. He While he did not challenge Mr. petitive and successful. I had a chance was always looking for opportunities DeLaurentis’s qualifications for the to see this for myself when I visited the to take the institute to the next level. job, since he is obviously exceptionally Williamson and Jackson Counties CEO Although Senator Paul Simon never well qualified, the Senator instead said classes in May and watched students saw David Yepsen lead his institute, it ‘‘rewarding the Castro government present their final projects. was clear what he thought of him and with a U.S. ambassador is another last- It is with great pride that today I the job he would do. In 1988, when Sen- ditch legacy project for the president recognize the Creating Entrepreneurial ator Simon ran for the Democratic that needs to be stopped.’’ He said the Opportunities program for the trans- nomination to be President of the nomination ‘‘should go nowhere until formative education they are providing United States, he praised David’s ob- the Castro regime makes significant the next generation of entrepreneurs jectivity. He said: ‘‘Every four years and irreversible progress in the areas of and community leaders. the chief political reporter for the Des human rights and political freedom for f Moines Register becomes the most im- the Cuban people.’’ He was joined in his TRIBUTE TO DAVID YEPSEN portant reporter in the nation. It is a opposition to Mr. DeLaurentis’s nomi- position that could cause vanity and nation by another Senator. Mr. DURBIN. Mr. President, I want abuse. To his credit, David Yepsen han- Having been to Cuba many times to take a few moments to acknowledge dled this position with sensitivity and where I have met with Cuban Govern- David Yepsen, director of the Paul balance. And he worked hard.’’ That is ment officials, as well as with critics of Simon Public Policy Institute at high praise, but well deserved. the government, including some who Southern Illinois University, SIU. Ear- Some of the best advice I have re- have been persecuted and imprisoned, lier this year, David announced that he ceived is from Senator Paul Simon. He no one is a stronger defender of human would be retiring in late October. used to say that ‘‘when people disagree rights there than I am. Like President Prior to joining the Paul Simon Pub- with my vote I want them to say that Obama, we all want the Cuban people lic Policy Institute at SIU, David was a it’s because I’m ignorant or stupid, not to be able to express themselves freely political writer, editor, and columnist. because I’m greedy or making money.’’ and to choose their own leaders in a He spent over three decades at the Des With his credentials and years at the free and fair election. Moines Register. If you have a passion Des Moines Register, David had plenty For 50 years, we have tried the isola- for covering politics, like David Yepsen of opportunities to cash in on his suc- tionist approach advocated by a dwin- does, there is no better place to be. cess and make money, but instead, he dling minority of Members of Congress, Every 4 years, the political class de- chose to take a job as director of the and it has failed miserably. The Cas- scends on Iowa, and no one takes this Paul Simon Public Policy Institute at tros are still in power, and Cuba is still more seriously than Iowans. Iowans SIU in Carbondale, IL. Paul Simon a country where political dissent is not and politicos fill churches, community would have been proud. tolerated. centers, schools, libraries, and homes I want to congratulate David Yepsen No one who knows Cuba expected the on cold winter nights to talk politics on his distinguished career and thank resumption of diplomatic relations to

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.094 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6207 quickly result in an end to repression I understand that this is an emo- downsizing that spanned the adminis- or free elections. But I am confident tional issue for some Cuban-American trations of two U.S. Presidents. These that, in a lot less than 50 years, the families. But after 55 years, Cuban- transitional years saw unprecedented Cuban people will have a lot more free- Americans overwhelmingly support the reorganization within the Department, dom than they have had for the past 50 new policy of engagement. They want occurring amid ongoing, complex glob- years. the U.S. to have an ambassador in Ha- al peacekeeping operations. By con- Consider for a moment what it would vana. tinuing to prioritize the men and mean if we did what these Senators ad- There is a time for family politics, women he was tasked with leading, vocate. Not only would we have no am- and there is time for what is in the in- General Sullivan navigated this crit- bassador in Cuba, to be consistent, we terest of the nation as a whole. Ambas- ical era with a skill and tact that few would have no ambassador in , sadors serve the national interest, and can match. In 1995, he retired from the Vietnam, , South Sudan, Egypt, that is what Jeff DeLauentis would do, Army to begin a new chapter. Ethiopia, or in any number of other and he would do so as a career dip- In 1998, General Sullivan began his countries where human rights are rou- lomat with years of experience. tenure as president of the Association tinely violated, where political oppo- Finally, I want to quote from Alan of the United States Army, AUSA, the nents, journalists, and human rights Gross, who as we all know, spent 5 long Nation’s largest Army-oriented, non- defenders are imprisoned and tortured, years in a Cuban prison. This is what profit organization. As president of the where there is no such thing as a fair Mr. Gross said about Mr. DeLaurentis’s association, he was known for focusing trial, where civil society organizations nomination: ‘‘I advocate for the ap- efforts on improving conditions for sol- are threatened and harassed, and where pointment of a U.S. Ambassador to diers and their families. General Sul- dissent is severely punished. Cuba and I have a very high regard for livan served as head of AUSA while Is that what the Senators want, or Ambassador Jeff DeLaurentis. Had maintaining close ties to Norwich Uni- are they just concerned about human there been diplomatic relations be- versity, and that connection was fur- rights in Cuba? Their argument is as il- tween the U.S. and Cuba in December ther solidified in 2003 when he became logical as it is inconsistent. 2008, a U.S. Ambassador could have pre- chairman of the Norwich University The purpose of an ambassador is to vented the loss of five years of my life. Board of Trustees. As chairman of the board, he directed represent the interests of the U.S. Gov- Any one in Congress who opposes this and supervised countless improvements ernment and the American people. Ap- nomination goes against the best inter- to the university, while always adher- pointing a U.S. Ambassador is not a re- ests of the United States.’’ ing to Norwich’s core values. During ward to a foreign government, any We should listen to Alan Gross. He his 13 years leading the board, General more than their ambassadors are a re- suffered in Cuba, as do thousands of Sullivan assisted with the meticulous ward to our government. Do the Sen- Americans imprisoned overseas. They design of the school’s 2019 plan. His in- ators think that our ambassador in depend on our ambassadors to assist fluence helped bring about some of the Russia is a reward to President Putin, and advocate for them, just as we most significant improvements in Nor- or that having an ambassador in Mos- would if it were a member of our fami- wich’s history, including the expansion cow somehow conveys that we agree lies. of student housing, academic re- with President Putin’s corrupt, repres- I urge these Senators to put what is sources, and athletic facilities. Perhaps sive policies? Does anyone think that in the interests of the American people most notably, he played an integral Russia’s ambassador is somehow a re- over their personal interests and to not role in building the school’s reputation ward to the Obama administration? Or obstruct the confirmation of Jeff as an internationally known center for that our ambassador in Vietnam legiti- DeLaurentis, a superbly qualified education in cyber security. Like Nor- mizes the repressive policies of that nominee, from becoming ambassador wich’s founder, Captain Alden Par- government? Does anyone think that to Cuba. tridge, General Sullivan has contrib- the Cuban Government regards its am- f uted to Vermont and our Nation’s aca- bassador here as a reward to us? demic prosperity in so many ways. Let’s be sensible. The United States TRIBUTE TO GENERAL GORDON SULLIVAN I would like to recognize GEN Gor- has interests in every country, even if don Sullivan for his contributions to it is just to stand up for the rights of Mr. LEAHY. Mr. President, earlier Norwich University, the Army, and the Americans who travel, study, or work this summer, GEN Gordon Sullivan, a Nation as a whole. It gives me great overseas. But there are many other man who has dedicated his life to car- pride to know that General Sullivan reasons like promoting trade and in- ing for and developing world-class lead- benefited so strongly from a Vermont- vestment, protecting national security ers, retired from his role as chairman based education, and I know that our and public health, and supporting edu- of the Norwich University Board of State has benefited from a longtime re- cational and cultural exchange. Trustees, a position he held for 13 lationship with him. I am confident We could do as these Senators urge years. At the same time, he retired that General Sullivan’s contributions and downgrade our diplomatic presence from his role as president of the Asso- will continue, and I wish him well as he and withdraw our ambassadors from ciation of the United States Army, a further expands his already proud and every country where there is a repres- post he held for 18 years. accomplished legacy. sive government. That, of course, General Sullivan’s lifetime of service f would mean that our lower-ranking began in 1959, when he earned his de- diplomats would be relegated to meet- gree in political science from Norwich CONTINUING RESOLUTION ing with foreign officials of lesser rank University and assumed a commission Mr. KIRK. Mr. President, today we than ambassador. in the Army as a second lieutenant of have made great progress in protecting And, of course, those governments, armor. Like so many from this pres- whistleblowers and veterans at Vet- like Cuba, they would still have their tigious Vermont institution, he went erans Affairs hospitals across the coun- ambassadors in Washington, with ac- on to excel among his peers. He com- ty by passing the fiscal year 2017 Mili- cess to officials of comparable rank in pleted two distinguished tours in Viet- tary Construction—Veterans Affairs our government. Would that help us nam, earning the Purple Heart. Gen- Appropriations Conference Agreement, advocate for U.S. interests, for U.S. eral Sullivan could have justifiably which includes S. 2291, VA Patient Pro- values, for the American people? concluded his military service then, tection Act. This bill provides protec- We either believe in diplomacy or we and his contributions to that point tion for the protectors of our veterans, don’t. We either empower our dip- would have been impressive, but he the whistleblowers, who are shedding lomats or we don’t. The Cubans, after a continued to serve, and in clear rec- light on the egregious acts of some em- year of difficult negotiations, agreed to ognition of his tireless devotion to sol- ployees at VA hospitals across the reopen embassies. Now, with their am- diers, he was eventually appointed as country. Unfortunately, one of those bassador here conducting business, we the Army’s top officer. hospitals is the Edwards Hines Jr. Vet- are somehow better off without an am- As the 32nd Army Chief of Staff, Gen- erans Affairs Medical Center in my bassador there? Of course not. eral Sullivan directed a post- State of Illinois.

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.072 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6208 CONGRESSIONAL RECORD — SENATE September 28, 2016 Today I sent a letter to Veterans Af- a month. The graphic details of what hap- These whistleblowers, who wish to remain fairs Secretary Robert McDonald re- pens to these remains without timely post anonymous for fear of retaliation and losing garding the most recent injustice un- mortem care is sickening and shameful. their jobs, brought forward information iden- covered by whistleblowers at the Hines Your support to uncover the truth and pro- tifying Mr. Wirtjes, Chief, Patient Adminis- tection for the employees who came forward trative Services (PAS), as the person respon- VA. on behalf of veterans is imperative. sible for this unacceptable situation. Mr. Whistleblowers brought to my atten- The Veterans Health Administration Hand- Wirtjes, according to whistleblowers, fails to tion that the remains of indigent vet- book 1601B.04 states that ‘‘if a Veteran dies do his duty of ensuring timely and respectful erans and those without next of kin are . . . at a VA facility under authorized admis- burials for our indigent veterans, and vet- often left in the Hines VA morgue for sion . . . and the Veteran’s remains are un- erans without next of kin. Emails provided over a month, sometimes longer, with- claimed, the facility Director will request fu- to my office show efforts by VA staff to get neral and burial services to be procured proper and timely approval of paperwork out proper postmortem care. The whis- through a contract.’’ tleblowers, who wish to remain anony- failed, despite available funds and an inter- I am asking, on behalf of all veterans at nal operating procedure to procure payment mous for fear of retaliation and losing Hines VA, if a service contract with an es- that is known and should be in place. The their jobs, brought forward informa- tablished funeral home or two would allow whistleblowers also state Mr. Wirtjes does tion identifying Mr. Christopher for the timely transport of unclaimed or in- not have a contract with an established fu- Wirtjes, chief, patient administrative digent veterans’ remains to be prepared for neral home to transport the unclaimed re- services at Hines VA, as the person re- burial and laid to rest. Whistleblowers also mains to be prepared for burial, per normal suggest the service relationships between operating procedure. sponsible for this blatant disregard of a Hines VA and some local funeral homes no veteran’s right for a timely and dig- I find this behavior unacceptable and an- longer exist because of the health risk posed other exhausting example of a culture of nified burial. I have asked the Sec- by the extreme decomposition of remains malfeasance and corruption at Hines. retary to fire Mr. Wirtjes for failure to after being stored for so long without post This is not the first time Mr. Wirtjes has perform his duties. In addition to this mortem care. failed to perform his duties. The Office of latest trespass against veterans at Finally, I would like information on the Special Counsel’s letter to the President federal funds made available by the annual Hines VA, Mr. Wirtjes was the only from February 25, 2016 specifically named Military Construction and Veterans Affairs him as the manager who directed staff to manager identified in the VA’s own in- appropriations bill for the seamless transfer spector general investigation as the manipulate patient appointments, directed of unclaimed or indigent veterans’ remains staff to zero out patient wait times and di- to local funeral homes. Ignoring the law or mastermind behind directing staff to rected the use of a separate Excel spread- misusing funds is a clear disregard to the manipulate wait times for appoint- sheet to track appointments. This resulted VA’s standard operation procedure and pos- ments at Hines VA. in a false appearance of acceptable wait Whistleblowers provide an important sibly illegal. Every hero who serves in our U.S. Armed times and masked significant delays in vet- service of reporting waste, fraud, and Forces deserves a dignified final farewell erans’ access to care. Specifically, the Office of Special Counsel abuse of veterans care. In fact, whistle- from a grateful nation. To learn these vet- Analysis titled OSC File No. DI–14–2762 blower disclosures play a pivotal role erans remains have been sitting in the (Hines VA Hospital, Chicago, Illinois) re- in promoting accountability and better morgue for over a month, sometimes longer, garding the VA’s Office of Inspector General without proper post mortem care, is unac- health care for veterans at the VA. (OIG) investigations on manipulated wait ceptable and unjustifiable. However, whistleblowers at Hines VA times raised by whistleblowers states that tell me retaliation continues despite Just as no servicemember is ever left be- hind on the battlefield, no veteran should the VA ‘‘OIG found only one manager, pa- the whistleblower protections in place. ever be left behind in morgue. tient administrative services (PAS) chief This is why I am pleased the con- Therefore I ask for your immediate atten- Christopher Wirtjes, responsible for imple- tinuing resolution that passed the Sen- tion to correct this disgrace, demand that menting these improper practices.’’ ate today overwhelmingly includes my the two veterans who are currently in the As a result, Mr. Wirtjes was merely given morgue promptly receive a proper and re- a 14-day administrative leave for his role in bipartisan VA Patient Protection Act, the scheduling manipulations. To add insult which increases penalties for those who spectful burial, and take appropriate dis- ciplinary action against the person or per- to injury, whistleblowers have informed my retaliate against whistleblowers, cre- sons responsible for letting this happen. I office that Mr. Wirtjes responded to this pun- ates a formal process for whistle- also ask that you launch a review of VA hos- ishment by taking an additional 2-week va- blowers to file claims at the VA, and pitals across the country to ensure that this cation and upon his return continuously establishes a central whistleblower of- mistreatment of our heroes’ remains is not bragged about his VA commissioned ‘‘vaca- fice to investigate all whistleblower happening elsewhere. tion.’’ Thank you for your immediate attention The OSC analysis also stated that the OIG claims. investigation confirmed that a senior man- Just as no servicemember is left be- to this matter. I look forward to hearing from you. ager instructed schedulers to manipulate hind on the battlefield, no veteran Sincerely, scheduling data to hide the actual wait should ever be left in a morgue or MARK KIRK, times experienced by veterans, however it placed on a secret wait list for health U.S. Senator. provided no information on how the manipu- care appointments. I thank the brave lations impacted veterans, and failed to pro- whistleblowers who come forward to U.S. SENATE, vide corrective action. Is Mr. Wirtjes con- protect our veterans. I also reiterate to Washington, DC, September 28, 2016. tinuing to direct schedulers to manipulate Secretary McDonald, do the right thing Hon. ROBERT A. MCDONALD, wait times for care at Hines VA? Department of Veterans Affairs, While manipulating the wait time for sev- and fire Mr. Wirtjes now. Washington, DC. eral departments according to the VA’s own Mr. President, I ask unanimous con- DEAR SECRETARY MCDONALD: As follow up OIG investigation is unspeakable, continuing sent to have my letters dated Sep- to our phone conversation last week, I write to leave in place a corrupt and inept chain of tember 1, 2016, and September 28, 2016, to reiterate that you should use your ability command to continue to harm our veterans, printed in the RECORD. as the Secretary of Veterans Affairs to ter- like leaving our unclaimed and indigent vet- There being no objection, the mate- minate Mr. Christopher Wirtjes from his post erans in the morgue, is unforgivable. I find it rial was ordered to be printed in the at Edward Hines Jr. VA Hospital in Hines, Il- irresponsible that the VA has left the one linois. manager finger pointed as the mastermind of RECORD, as follows: As I wrote to you on September 1, 2016, the manipulated scheduling practices in a U.S. SENATE, whistleblowers came to me last month re- position to continue overseeing scheduling, Washington, DC, September 1, 2016. porting that the remains of indigent vet- patient administration, health information Hon. ROBERT A. MCDONALD, erans, or those without next of kin, were left management and decedent affairs. Department of Veterans Affairs, in the Hines VA morgue for inappropriate Mr. Wirtjes must be held accountable now. Washington, DC. amounts of time following their death. At Otherwise the corrupt culture of the VA will DEAR SECRETARY MCDONALD: It has been times, the remains of these veterans were be justified and encouraged. brought to my attention by a whistleblower left to badly decompose in the Hines morgue You have the ability to fire VA employees that the Edward Hines, Jr. Veterans Affairs for upwards of 30 plus days before being prop- for misconduct. Congress gave you that Hospital has failed to treat the remains of erly released to a local funeral home for a power in Public Law 113–146. If manipulating unclaimed and indigent veterans with dig- dignified burial or cremation. At the time of scheduling wait times putting veterans’ nity and ensured burial within a reasonable my letter, the remains of two veterans had health at risk and failing to allow the burial amount of time. Specifically, whistleblowers sat in the Hines VA morgue without any post of unclaimed veterans’ remains is not mis- report there are currently two veterans who mortem care for over 45 days. This is unac- conduct, then I ask you what is. If you can- have been left in the Hines morgue for over ceptable. not make this happen within the next 30

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A28SE6.066 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6209 days then I would like an explanation to vorably on the Advancing Hope Act in New Hampshire, hiking is one of the Congress and 700,000 Illinois veterans. April 2016. Thanks to an agreement we State’s most popular recreational ac- America was built on the sacrifices of our reached here in the Senate on Sep- tivities. New Hampshire is also among service members. And as a grateful nation, tember 21, we were able to pass S. 1878 the 14 States through which the Appa- we are indebted to our veterans who unself- lachian Trail runs. Stretching from ishly served to fight for the freedoms we with an extension of the program enjoy. No veteran who has served should be through the end of this year, which in- Georgia to Maine, the Appalachian left for weeks without a proper and dignified cluded important policy changes to the Trail spans nearly 2,190 miles, and is burial. program. I would like to thank my col- hiked annually by 2 to 3 million people. Sincerely, leagues for working with me on this While our attention in the Northeast MARK KIRK, agreement. I hope that we will be able usually turns to the dangers of ticks in U.S. Senate. to come to further agreement later this the spring and summer months, adult f year for a longer extension to the pro- blacklegged ticks, also known as deer ticks, are still active in the fall. Ap- THE ADVANCING HOPE ACT gram. The pediatric priority review pro- proximately half of these deer ticks Mr. CASEY. Mr. President, today I gram is important for families, and a carry Lyme disease, and they have wish to speak about S. 1878, the Ad- longer extension is warranted. If this played a leading role in our Nation’s vancing Hope Act. This is a bill I intro- program is allowed to lapse, Congress dramatic rise in tick-borne diseases. duced with the support of my Repub- will have broken faith with these chil- While approximately 30,000 cases of lican cosponsor, Senator JOHNNY ISAK- dren with rare diseases. Lyme disease are reported annually by SON. This is a bipartisan bill that Last year, I went to the Children’s State health departments, according to brings hope to some of our most vul- Hospital of Pittsburgh and met with the Centers for Disease Control and nerable citizens: children living with the Rinaldi family. I met Jennie Prevention CDC, the actual number of cases each year is about 300,000, mak- rare diseases. Rinaldi and her daughter Adelyn, who ing Lyme disease the most commonly Despite significant unmet medical was receiving treatment at the hos- reported vector-borne illness in the need, private companies seldom pursue pital. Adelyn was born with congenital country. Underscoring that Lyme is no new therapies for rare diseases because hypophosphatasia, an extremely rare longer simply a regional problem, the it requires making an investment in bone disorder. There are only a handful CDC reports that the species of ticks products that will likely not recoup of children in the world with this dis- the high costs associated with their re- that spread Lyme disease now live in 46 ease. percent of the Nation’s counties. search, development, marketing, and At the time, Adelyn was receiving an distribution. Developing products for That is why I am continuing to urge experimental therapy for her condi- my colleagues to join me in supporting children is particularly challenging be- tion. That drug, Strensiq, was later ap- cause of the difficulties associated with the bipartisan Lyme and Tick-Borne proved by the FDA in October 2015, and Disease Prevention, Education, and Re- conducting clinical trials in this popu- the drug sponsor received a priority re- lation. search Act, S. 1503. Working with Sen- view voucher. Strensiq is the first drug ator Blumenthal, I coauthored and in- So, several years ago, former Senator to treat hypophosphatasia. There are Brownback authored the Creating Hope troduced this legislation which is de- no other options. It is now available signed to better coordinate the Federal Act with Senator SHERROD BROWN. In commercially, and Adelyn continues to 2011, I became the Senate leader on this Government’s response to Lyme and receive treatment. other tick-borne diseases by creating bill, which provided an incentive for Just imagine for a moment the un- drug developers to pursue therapies for an advisory committee within the De- certainty that families like the partment of Health and Human Serv- rare pediatric diseases. The goal was to Rinaldis live with every day. We owe it bring hope to the millions of American ices HHS. The committee established to these families to give them the under our bill would be tasked with children living with a rare disease. peace of mind in knowing that this im- identifying best practices to combat Provisions based on the Creating portant incentive for drug development tick-borne diseases and would be com- Hope Act were included in the Food will continue. We cannot let this pro- prised of patients, advocates, research- and Drug Administration Safety and gram expire. I am pleased that the ers, medical professionals, and govern- Innovation Act, which became law in House passed S. 1878 yesterday, and I ment officials. Our legislation would 2012. The new FDA program established hope that we can continue to work in also require the HHS Secretary to co- three ‘‘priority review vouchers’’ that good faith on a longer-term extension ordinate efforts to strengthen disease would be awarded to companies who de- before the end of the year. surveillance and reporting, develop velop a new drug for a rare pediatric We need to provide certainty for drug better diagnostic tools and tests, cre- disease. A company that earns a vouch- developers so that they can count on ate a physician education program, es- er can then sell it to another company, this incentive when deciding to invest tablish epidemiological research objec- which can use the voucher to speed up the time and money into drugs for rare tives for Lyme and other tick-borne ill- the FDA’s review time for one of its pediatric diseases. We need to provide nesses, and report to Congress on the own new drugs. Companies that earn hope for the other children like progress of efforts to combat these dev- and then sell their vouchers can use Adelyn. On behalf of these children, we astating diseases. that money to fund additional drug de- must incentivize companies to take on The significant increase in cases of velopment to treat rare pediatric dis- the challenges of developing new treat- Lyme and other tick-borne diseases eases. So far, seven vouchers have been ments for rare pediatric diseases. over the past decade is extremely trou- awarded, including on the 19th of this f bling, and it demands a strong and co- month. ordinated effort at the Federal level. LYME AND TICK-BORNE DISEASE However, the pediatric priority re- This critical legislation has been en- PREVENTION, EDUCATION, AND view program is due to expire on Sep- dorsed by nearly 100 Lyme and tick- RESEARCH ACT OF 2015 tember 30, just days away. In fact, it borne disease patient groups, along would have expired in March of this Ms. AYOTTE. Mr. President, today I with the Appalachian Trail Conser- year, but Congress passed an extension wish to speak on the importance of vancy. through the end of fiscal year 2016 as passing legislation to address a serious Despite the staggering statistics, the the House and Senate worked on legis- issue that impacts New Hampshire, voices of those who are living and lation to extend and improve the pro- New England, and the rest of the coun- struggling with Lyme and other tick- gram. In July of 2015, I introduced S. try each year, the issue of Lyme and borne diseases have not adequately 1878, the Advancing Hope Act, with other tick-borne diseases. been heard. Senator Blumenthal and I Senator ISAKSON, to extend the pedi- This fall, as the leaves begin to turn have put forth a commonsense, bipar- atric priority review program. We had and temperatures start to drop, mil- tisan legislative proposal that will extensive consideration of the bill in lions of Americans will head outdoors bring greater attention to Lyme dis- the Committee on Health, Education, to hike and otherwise experience the ease and give patients and their fami- Labor, and Pensions, which voted fa- beauty of nature. In my home State of lies a greater say in their care.

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A28SE6.068 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6210 CONGRESSIONAL RECORD — SENATE September 28, 2016 I ask my colleagues to cosponsor the Mrs. GILLIBRAND. Mr. President, I also tick season and a time of in- Lyme and Tick-Borne Disease Preven- rise today to speak in support of legis- creased risk of Lyme disease. tion, Education, and Research Act, and lation to address a serious public Each year, 30,000 cases of Lyme dis- I urge the Senate to follow the lead of health concern: the spread of Lyme dis- ease are reported to the Centers of Dis- the House by passing legislation that ease and other tick-borne diseases in ease Control and Prevention. The most will help more effectively prevent, di- the United States. recent CDC data noted that 96 percent agnosis, and treat Lyme disease. In my home State of New York, there of those cases were concentrated in Mr. BLUMENTHAL. Mr. President, were 37,977 reported cases of Lyme dis- just 14 States in the Upper Midwest as leaves begin to turn and tempera- ease between 2005 and 2014, one of the and Northeast. Maine has one of the tures begin to drop, millions of Ameri- most heavily affected populations in highest and fastest growing incident cans will head outdoors this fall to the country. This disease affects hun- rates of the disease, with cases increas- hike. In Connecticut, hikers will flock dreds of thousands of people around the ing from 225 in 2004 to 1,169 cases in to trails in the State’s 107 parks and 32 Nation and is the most commonly re- 2014. State forests, which together account ported vector-borne illness in the Fall is a time of heightened risk be- for more than 200,000 acres. United States, with an estimated cause the immature ticks, or nymphs, While ticks are often thought of as 300,000 people becoming infected each that fed heavily during the late spring spring and summer pests, ticks that year. The species of ticks that spread and early summer have now molted carry the disease are still active in the Lyme disease now live in 46 percent of into adults and must feed again. Al- fall. According to the Centers for Dis- the Nation’s counties. though larger and easier to spot than ease Control and Prevention, CDC, If caught early, Lyme disease can be the tiny nymphs, they are numerous Lyme disease is the most commonly re- treated with antibiotics. Unfortu- and active. ported vector-borne illness in the coun- nately, the disease can be difficult to Lyme disease was long thought to be try, with more than 300,000 people be- diagnose because its symptoms mimic a form of juvenile arthritis and was not coming infected each year. The CDC the symptoms of other serious diseases identified as being spread by ticks also reports that the species of ticks and because existing diagnostic tests until 1976. It is still considered an that spread Lyme disease now live in 46 still have many limitations. As a re- emerging disease and knowledge gaps percent of the Nation’s counties. The sult, Lyme disease often goes unde- remain. For example, diagnostic meth- spread of Lyme disease, paired with a tected or misdiagnosed, making effec- ods for tick-borne illnesses have not lack of action at the Federal level, has tive treatment of patients more dif- advanced as much as they should have. led tens of thousands of Americans to ficult. Untreated Lyme disease can be Consequently, the validity and accu- become infected, disrupting patients’ racy of information regarding the inci- lives and placing major emotional and debilitating and result in severe pain dence and geographic spread of the dis- financial burden on families. and suffering. With this in mind, I urge my col- To help address this epidemic, I urge ease may be lacking. Now, another leagues to join me in supporting the bi- my Senate colleagues to help pass the tick-borne disease called anaplasmosis partisan Lyme and Tick Borne Disease Lyme and Tick-Borne Disease Preven- is emerging, carried by the same Prevention, Education, and Research tion, Education, and Research Act, S. blacklegged tick as Lyme disease and Act, S. 1503. The legislation is designed 1503. The House of Representatives ap- with symptoms that are similar in na- to better coordinate the Federal Gov- proved this legislation over a year ago, ture but often more severe. The rapid spread of these diseases is ernment’s response to tick-borne dis- and we must now come together to eases by creating an advisory com- pass this bill in the Senate as soon as alarming and makes it essential that mittee within the Department of possible. Federal, State, and local health agen- Health and Human Services, HHS, that The Lyme and Tick-Borne Disease cies, public health organizations, and would be tasked with identifying best Prevention, Education, and Research the scientific community work to- practices to combat tick-borne dis- Act, would coordinate Federal efforts gether to improve prevention and de- eases. The group would be comprised of to address Lyme and other trick-borne tection efforts, as well as to accelerate patients, advocates, researchers, med- diseases. It would create an advisory research to address this crucial public- ical professionals, and government offi- committee within the U.S. Department health challenge. This is the reason cials. The bill would also require the of Health and Human Services, HHS, why I have cosponsored the Lyme and HHS Secretary to coordinate efforts to made up of patients, advocates, re- Tick-Borne Disease Prevention, Edu- strengthen disease surveillance and re- searchers, health care providers, and cation, and Research Act introduced by porting, develop better diagnostic tools government officials tasked with iden- Senators BLUMENTHAL and AYOTTE, and tests, create a physician-education tifying best practices for combatting which would help ensure that nec- program, establish epidemiological re- tick-borne diseases. It would also di- essary resources are dedicated to fight- search objectives for Lyme and other rect the U.S. Secretary of Health and ing tick-borne diseases. tick-borne illnesses, and prepare reg- Human Services to carry out activities Prevention and treatment are crucial ular reports to Congress on the coordinated across agencies to improve because there are currently no vaccines progress of efforts to combat these dev- data collection, develop better diag- for Lyme disease, Rocky Mountain astating diseases. nostic tests, enhance prevention and Spotted Fever, anaplasmosis, or other The rapid rise in active Lyme and public awareness activities, and sup- tick-borne diseases. In order to mount other tick-borne disease cases over the port clinical research into treatments. a strong national prevention and treat- past decade demands a strong and co- The prevalence of Lyme and other ment effort, the legislation would cre- ordinated effort at the Federal level to tick-borne disease cases in this country ate a tick-borne diseases committee address the public health threat to our demands a strong and coordinated ef- that would consist of physicians, sci- Nation. This critical legislation has fort at the Federal level. The Lyme and entists, public health leaders, health been endorsed by hundreds of Lyme Tick-Borne Disease Prevention, Edu- agency officials, patients, and patient and tick-borne disease patient groups, cation, and Research Act is a critical advocates. This national advisory body along with the Appalachian Trail Con- step toward ending this epidemic. would help bring needed focus to im- servancy, ATC. According to a 2014 Ap- I strongly encourage my colleagues prove reporting methods, better diag- palachian Trail hiker survey, 9 percent in the Senate to cosponsor and help nostic tools, and more coordinated ef- of respondents reported that they had pass this legislation to improve our forts from local to Federal levels. been diagnosed with Lyme disease. Federal response to tackling Lyme and With individual precautions, we all Our colleagues in the U.S. House of other tick-borne diseases. Thank you. can reduce our risk of Lyme disease Representatives have already passed Ms. COLLINS. Mr. President, today I and other tick-borne illnesses and con- this critical legislation, and now it is wish to speak about the issue of Lyme tinue to enjoy the outdoors. With a na- our turn. I urge our Senate colleagues and tick-borne diseases. Fall is a beau- tional effort, we can stop the spread of to join as cosponsors, and help pass tiful time of year, especially in Maine, these devastating diseases and protect this critical measure expeditiously. as it is the season for hiking, hunting, the health of all. I encourage my col- Thank you. and leaf-peeping. Unfortunately, fall is leagues to support this legislation.

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A28SE6.062 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6211 REMEMBERING SHIMON PERES and the peace process itself. Now, I I fully support MOP28’s aims of Ms. MIKULSKI. Mr. President, today have been a longtime friend and sup- reaching an agreement that is high on I wish to honor the life and legacy of a porter of Israel, and I also have had the ambition and expeditious in its dear friend, a great leader, a pioneer in great honor in my years in the Senate timeline. There is no time to lose if we, his own right, someone I admire, and to be on the committee that provided as a global community, are to act suc- someone many of us have cheered on, billions in foreign assistance and mis- cessfully to stem the causes of the President Shimon Peres. President sile defense to Israel and ensured Israel Earth’s rapidly changing climate sys- Peres helped build Israel through hard had the resources it needed while en- tem. work and tough diplomacy aimed at re- forcing current and potential future Prior to the Montreal Protocol’s im- starting peace talks, and championed sanctions against Iran. So I have been plementation, the Earth’s ozone, O3, Israel’s security and prosperity until a close observer of Israel and seen the thin layer of concentrated O3 in our atmosphere responsible for regulating his last breath. A giant among states- Peres up close and personal. the intensity of the Sun’s penetrating men and inspiration to so many, his What I can say about him is that, in ultraviolet, UV, light, had developed passing marks an end of an era and is our conversations, I told him my sup- massive holes near the Earth’s poles a great loss to Israel, the region, and port for Israel is unabashed and unwav- and had worn dangerously thin around the world; but his legacy lives on in his ering and that I will continue to be a most of the world. A diminished ozone unwavering commitment to regional voice for Israel and a vote for Israel in layer poses serious threats to human peace and in the future of the Jewish the U.S. Senate. I said the United health by proliferating skin diseases people where generations upon genera- States will always stand by Israel since from overexposure to UV light, seri- tions will build a better, safer, and we are bound together by our common ously harms global crop yields and ag- more peaceful future. values, by history, and by our shared Last night, we got the very sad news national interests. I said that support ricultural production, and hastens the that President Peres passed away after for Israel must be unflinching and un- useful life of a variety of plastic mate- suffering a stroke 2 weeks ago, and I flagging and that the United States rials utilized in a variety of outdoor want to come to the floor to speak will continue to make sure that Israel applications. The Montreal Protocol’s incremental about him. maintains its qualitative edge—the approach to phasing out harmful ozone We all know the biography. Born in ability to counter and defeat any mili- depleting substances, ODSs, is a testa- , he grew up in Tel Aviv and tary threat. We have had good con- ment to how inclusive and transparent spent some time studying in the United versations over the years, so I could approaches to multilateral environ- States, including at Harvard Univer- not be more emphatic when I say that mental agreements that incorporate sity and New School for Social Re- his legacy, along with his status as the constructive inputs from affected in- search in New York. Since the mid-20th last surviving member of Israel’s dustries and the scientific community century, President Peres committed founding generation which we cannot his life to advancing peace and rec- can achieve positive environmental re- ignore, puts him in his own category sults. Starting with the phase out of onciliation in the Middle East and ad- among Israel’s most iconic political dressing security issues that faced the chlorofluorocarbons, CFCs, the worst- figures. of-the-worst ozone depleting sub- region. He became the Director General Israel has had to endure many wars stances, followed by the phase out of of Israel’s Ministry of Defense at the and live in constant readiness for bat- hydrochlorofluorocarbons, HCFCs, age of 29 and had an impressive polit- tle under the constant threat of ter- ical career that spanned seven decades, these agreements have the Earth’s rorism; yet the people of Israel have re- ozone on track to be fully recovered by which included two terms as Prime mained strong and resolute, a testa- 2065. Minister and one as President. He won ment to the legacy of Shimon Peres. Hydrofluorocarbons, HFCs, are the the Nobel Peace Prize in 1994 for his Today we honor the life and legacy of chemical refrigerant alternative that role in negotiating the Oslo accords, our friend Shimon Peres, and all replaced HCFCs and CFCs. Unfortu- along with Israeli Prime Minister friends of Peres and Israel should re- nately, HFCs are extreme greenhouse Yitzhak Rabin and Palestinian leader commit ourselves to ensuring the sur- gases. Some HFCs are 4,000 times more Yasser Arafat. President Obama award- vivability and viability of the State of potent greenhouse gases than carbon ed him the Presidential Medal of Free- Israel, now and forever. I will miss my dioxide. The fairly recent expansion of dom in 2012. A further testament to his dear friend, but look forward to a fu- mass production and worldwide use of hard work, commitment to his coun- ture of peace, prosperity, and friend- HFCs, post-HCFC and CFC elimination, try, and legacy, he continued to engage ship that will live on. are believed to have significantly con- on matters of importance to Israel f tributed to the recent worsening of the after leaving public office in 2014. global climate crisis. I have known and observed President MONTREAL PROTOCOL 28TH MEETING OF PARTIES While the Montreal Protocol is de- Peres for a long time, in particular, signed to address ODSs, not climate during my almost 40 years in Congress, Mr. CARDIN. Mr. President, today I change, the decision was made at the and I can say that we have much to wish to express my support for a suc- Montreal Protocol’s 27th meeting of celebrate in him, starting with one of cessful 28th meeting of parties to the parties in Dubai that the Montreal the greatest achievements of the 20th 1989 Montreal Protocol on substances Protocol provides an effective mecha- century—the founding of the modern that deplete the ozone layer, scheduled nism to address this family of chemi- State of Israel, which followed the to take place next month in Kigali, cals effectively. most incomprehensible and evil event Rwanda. The 28th meeting of parties, According to the U.S. Environmental of the 20th century, when the Nazis, commonly referred to as MOP28, is un- Protection Agency, EPA, ‘‘HFC use and with the complicity of so many others, dertaking the incredibly important emissions are rapidly increasing as a sought to exterminate a people. Peres, task of reaching an agreement on an result of the phase out of ozone-deplet- along with survivors of the Holocaust, amendment to the Montreal Protocol ing substances (ODS) and growing glob- helped to build modern Israel, and as a to phase down the worldwide produc- al demand for air conditioning and re- result, never again will the Jewish peo- tion and application of frigeration. The continued emissions of ple be dependent on anyone else for hydrofluorocarbons, HFCs, which are HFCs—primarily as alternatives to their security. incredibly potent, short-lived, green- ODS and as byproduct emissions of I met with then-President Peres on house gases most commonly used as re- HFC–23—are having an immediate and my last trip to Israel in 2012, and, as frigerants in air conditioners and for significant effect on the Earth’s cli- with every engagement we have had, I cold storage. Phasing down HFCs is a mate system. Without further controls, was reminded of his strong commit- critically important step towards real- HFC emissions could largely negate the ment to regional peace that I believe izing the enhanced ambition goals of climate benefits achieved under the changed the course of Israel’s history the Paris Agreement to limit the rise Montreal Protocol.’’ in so many areas—defense, the occupa- in global average temperature to 1.5 de- The United States has demonstrated tion of the West Bank, the economy, grees Celsius. exceptional leadership with respect to

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A28SE6.070 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6212 CONGRESSIONAL RECORD — SENATE September 28, 2016 phasing down HFCs on all fronts. U.S. students’ families and friends. I also take all necessary steps to make oper- chemical producers and the refrigera- rise to speak to the endemic challenges ational a special follow-up mechanism tion manufacturing sector have led the posed by cases of missing and dis- for the investigation the IACHR estab- world in developing safe, effective, and appeared persons across Mexico and to lished in July. This follow-up mecha- commercially viable refrigeration appeal to President Pena Nieto and nism will include two IACHR-appointed chemical alternatives, namely Mexico’s political leaders to be more advisors responsible for working with hydrofluoroolefin, HFO, and hydro- responsive and transparent on this Mexican authorities and monitoring critical issue. carbon, HC; refrigerants, that neither further action on the group of experts’ pose significant threats to the ozone On the evening of September 26, 2014, recommendations. nor the climate crisis. In addition to in a series of events that the New York making these technological advances, Times has characterized as a ‘‘night of Continued progress on this case is the industry has helped bring countries terror,’’ local police from the town of critical. My staff has met directly with to the table and fully supports adopt- Iguala turned their weapons on the ci- the families of the 43 students, and we ing an ambitious HFC amendment to vilian population and colluded with the cannot let their call for justice end in the Montreal Protocol in Kigali. criminal organization known as the impunity. So whether it includes pur- The U.S. is taking bold domestic po- Guerreros Unidos to target and ter- suing new leads, discarding flawed litical action to promote a significant rorize students from the Escuela Nor- theories, granting broader access to reduction in the use of HFCs in the mal Rural Raul Isidro Burgos, which is case files, or removing officials who a teachers’ college. By the end of that marketplace by promulgating some of have obstructed the investigation, I ap- the world’s most ambitious domestic night, 6 people were killed, 25 were in- jured, and 43 students were forcibly peal to President Pena Nieto and his HFC abatement policies. This action administration to ensure that the in- provides the U.S.’s delegation to the ‘‘disappeared’’ in a tragic story that has echoed around the globe. vestigation has the full political back- Montreal Protocol with a strong foot- ing and sufficient resources to achieve ing to lead by example when it comes As links between the U.S. and Mexico the needed results. to advancing an ambitious agreement abound and given the more than 33 mil- to phase down HFCs globally as quick- lion Mexican-Americans and Mexicans I also want to speak to how the case ly as possible. residing in the United States, the dis- of the 43 students is representative of The United States and our North appearance of the 43 students has been the endemic challenge of missing and American neighbors Mexico and Can- felt deeply throughout our country. disappeared peoples across Mexico. Ac- Whether it is in California, Texas, ada have put forward one of the most cording to its own statistics, since 2007, Arizona, Illinois, New York or Mary- ambitious HFC amendment proposals land, almost all of our States are home the Mexican Government has docu- for consideration at MOP28. Moreover, to large, dynamic Mexican-American mented more than 28,000 cases of miss- our amendment has broad support from communities that remain in contact ing and disappeared people. In fact, in developing and developed countries on with friends and families throughout the months after the students’ dis- every continent. According to the Mexico. Many of our constituents have appearance, as investigators and fami- State Department, more than 120 par- direct and personal ties to the tragedy lies of disappeared persons fanned out ties to the Montreal Protocol have ex- that took place in Iguala and the across Guerrero state, they encoun- pressed support for the policy concepts broader crisis of unresolved disappear- tered numerous mass graves of victims in the North American amendment ances in Mexico. of unknown crimes and carnage. So the proposal. In the 2 years since the disappear- resolution of this case is particularly I want to congratulate the hard- ance of the 43 students, it is important symbolic as it would give hope to the working diplomats, negotiators, and to recognize that there have been crit- policy experts at the U.S. State De- thousands of Mexican families who ical advances in the investigations. have relatives who have disappeared. partment, the Commerce Department, Moreover, I want to recognize the Gov- and the EPA who have masterfully de- ernment of Mexico’s decision to work I want to recognize President Pena veloped and rallied support for an am- with the Inter-American Commission Nieto’s decision to submit draft legis- bitious proposal. While I am confident on Human Rights, IACHR, to create an lation last December for a general law a deal on a new and effective HFC Interdisciplinary Group of Independent to prevent and punish the crime of dis- amendment to the Montreal Protocol Experts, GIEI—by its initials in Span- appearances, which would establish ob- is within reach, there is certainly still ish—which has provided invaluable ligations for federal, state, and local some diplomacy necessary with some technical assistance for the investiga- authorities and improve coordination very important parties to the Montreal tion, as well as key recommendations across jurisdictions. I appeal to mem- Protocol, and I encourage our delega- to strengthen ongoing investigative ef- bers of the Mexican Senate and Cham- tion to continue working with these forts. ber of Deputies to pass this important parties in Kigali. It is imperative to note, however, legislation. By prioritizing this issue Phasing down the global presence of that the GIEI faced repeated obstacles and providing increased budgetary, fo- HFCs is the low-hanging fruit in the such as restricted access to key docu- rensic, and technological resources, global effort to combat . ments and individuals and found sig- Mexican authorities can ensure justice If we are going to be successful in nificant inconsistencies in the Mexican achieving the goals of the Paris Agree- Government’s investigation, including for the tens of thousands of Mexican ment, we need to do the easy things incidents of mishandled evidence. families who have suffered the dis- first. So let’s act fast and effectively to It is also important to note that the appearance of a friend or loved one. get potent HFC greenhouse gas reduc- experts found evidence which indicates Finally, I want to call upon the State tions as soon as possible. These are that members of the federal and state Department and our Embassy in Mex- noncontroversial steps we can take to police may have joined the local police ico City to use their diplomatic discus- abate climate change that should abso- in colluding with the criminal organi- sions with the Mexican Government to lutely have bipartisan support from zations involved in the disappearance offer all relevant assistance and to un- Congress. of the students. In addition, members derscore the importance of learning the Thank you. of the Mexican Army’s 27th Battalion truth about the disappearance of the 43 were discovered to have been at the f students and the broader issue of miss- scene of the crime and closely involved ENSURING JUSTICE FOR DIS- in the fatal events of that night. And ing and disappeared people. We must APPEARED PEOPLES IN MEXICO we cannot overlook the fact that 2 full stand ready to support our Mexican Mr. CARDIN. Mr. President, today I years after the students’ disappear- partners as they pursue justice in these wish to observe the second anniversary ance, there has not been a single crimi- critical cases, which have touched the of the forced disappearance of 43 stu- nal conviction in the case. lives of too many Mexicans and, in dents in the Mexican state of Guerrero, For these reasons, I urge President turn, our constituents here in the a tragedy that continues to haunt the Pena Nieto and his administration to United States.

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A28SE6.069 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6213 100TH ANNIVERSARY OF THE 38TH in World War II to Washington, DC, so of CAPT R. Andrew Murray on the oc- INFANTRY DIVISION they could visit the World War II me- casion of his retirement from the U.S. Mr. DONNELLY. Mr. President, morial. Now, the Honor Flight wel- Coast Guard. I commend Captain today, I wish to recognize the 100th an- comes veterans from across the coun- Murray’s Coast Guard career and offer niversary of the 38th Infantry Division, try to fly to Washington, DC, free of my thanks for his 35 years of faithful ID, and honor the soldiers of the 38th charge, to visit the memorials of the service to our country. Although he ID for their service to our Nation. wars in which these heroic veterans has gone ashore for the last time as a The division was first activated in fought. No words are sufficient to show coastguardsman, his commitment to August of 1917 as a National Guard di- the gratitude and respect we all have public service continues in North Caro- vision composed of units from Indiana, for the courageous men and women lina. As a civilian, Captain Murray has , and West Virginia. The divi- who have protected our Nation. These acted as the elected district attorney sion was originally conducting initial veterans have preserved our rights to of Mecklenburg County since 2011. training at Camp Shelby, MS, when a life, liberty, and the pursuit of happi- Captain Murray enlisted in the Coast tornado touched down, prompting MG ness. Guard in 1980, serving 6 years of Active Of the 123 veterans on the most re- Robert L. Howze to give the 38th ID the Duty as an aviation electronic techni- cent honor flight, 20 served in World nickname the ‘‘Cyclone Division.’’ The cian and helicopter flight crewman. He War II, 34 served in Korea, and 69 Cyclone Division would later deploy to then became a Reservist and received a served in Vietnam. commission as an officer through the Europe during World War I and lost 301 Please join me in honoring Fredric soldiers. Reserve Officer Candidate Indoctrina- Arnold, Gene Bennett, C.H. Clark, Lil- tion School, ROCI. The division returned to service in lian Crosley, Raymond Dickey, Darwin January 1941 in response to the attack Meanwhile, Captain Murray grad- Dixon, James Edmisten, Jimmie uated from the University of North on Pearl Harbor and the start of World Godsey, Louis Hamman, Delbert War II. The 38th Infantry Division took Carolina at Charlotte in 1992 with a Haynes, John Hess, Robert Horton, Do- bachelor of arts in political science. He part in the New Guinea, Southern Phil- lores Kochheiser, Harry Maroncelli, ippines, and Luzon campaigns where received a juris doctorate from the Elmer McGinty, Frank Occhiuto, Rob- University of North Carolina School of they would earn their second nick- ert Schueneman, Raymond Valadez, name, ‘‘the Avengers of Bataan,’’ be- Law, and he is a member of the North William VanBeber, William Way, Rich- Carolina Bar. stowed on them by GEN Douglas Mac- ard Bernhardt, Harold Bohm, Lee Throughout his career as an attorney Arthur. Boylan, George Brandt, Casper Brixius, and eventually as district attorney of The Cyclone Division also served in James Comer Jr., Russell Daniels, Mecklenburg County, Captain Murray the Vietnam war where the Company D Ralph Darrough, Ross DeBey, Garold also served in a number of roles as a Rangers, 151st Infantry of the 38th ID Fox, S. Gilbert Garcia, Ronald Gillam, Reserve officer. He acted as the senior were among a few National Guard units William Harrison, Virgil Hecker, Allan Reserve officer of Group Charleston, to serve and became one of the coun- Hedberg, Dennis Lance, Gordon Leben, SC; a senior analyst for the Coast try’s most highly decorated units. Albert Lowe, Jimmy Martin, Francis Guard Counter Terrorism and Defense Since September 11, 2001, the 38th ID McKenna Jr., Ernest Medialdea, James Operations Unit; and the senior Re- has sent soldiers to serve in a wide Montgomery, Delmer Moss, James serve officer of Sector Charleston, SC. range of missions, including Operation Petrie, William Pool, Carroll Quick, As a Reservist, Captain Murray has Joint Forge in Bosnia, Operation Joint Robert Ray, Kennedy Roode, Al Schott, also been called to Active Duty. In Guardian in Kosovo, Operation Iraqi William Sherman, James Shuey, Don- 2013, he received the call to serve as the Freedom, and Operation Enduring ald Trettenero, Herbert Wenger, Eu- legal adviser for the Gulf Coast Inci- Freedom in Afghanistan. gene Ziehm, Roy Armstrong, Wilbur dent Management Team in New Orle- The 38th ID also answered a different Boegli, Cary Bott, Thurman Bradley, ans, LA, where he contributed to Oper- kind of call when it assumed command Claude Buehrle, Robert Bullard, John ation Deepwater Horizon, the Federal of all National Guard elements de- Carpenter, Terrence Carroll, Robert cleanup effort for the massive oil spill ployed in Mississippi in response to Cofone, Larry Coldren, Paul Conley, of 2010. Hurricane Katrina. The 38th Infantry Byron Daniels, Robert Davis, Mark Division continues to deploy soldiers DeDecker, Michael Doherty, Gary Dor- Captain Murray most recently served worldwide in support of our national sey, Mark Drake, Dale Eggleston, as the Western Rivers and Coastal Re- defense. Jerry Eldred, Gary Ellerman, Daniel gion senior Reserve officer for the I am proud to honor 38th Infantry Di- Ferguson, William Fisher, Roy Friesen, Eighth Coast Guard District. He was vision soldiers past and present on this Glenn Fulcher, Glenn Gaines, Jerry responsible for monitoring the readi- special anniversary. Thank you to the Graham, Paul Graves, Dwight Gutsche, ness of 870 Reservists assigned to the men and women of the Cyclone Divi- Percy Hamilton II, Christopher Harris, Coast Guard’s Eighth District, which sion for their steadfast defense of our Robert Hawkey, William Hellyer, comprises of seven sectors, spans 26 Nation and their service to their home Thomas James, Normann Kegerreis, States, and covers more than 12,000 States, including Indiana. I wish the Michael Krier, LeRoy Lawson, Harold miles of river and coastline. His out- 38th Infantry Division another 100 Lif, Peter Lister, Jimmy Lofink, Wil- standing leadership assured the avail- years of setting an exemplary standard liam Margheim, Dallas Maurer, Kevin ability of a robust reserve capacity to for our total force. McGrath, Richard Miller Jr., David respond to all subsequent contin- f Naylor, Wesley Nelson, Richard Norris, gencies, including a 30,000-gallon fuel Larry Perkins, Robert Randall, Danny spill and extreme Midwest regional 17TH HONOR FLIGHT OF HONOR Robinett, Robert Rutz, Robert Schra- flooding. At his recent retirement cere- FLIGHT NORTHERN der, Billy Schwindt, Jackie Scott, mony, Captain Murray was honored Mr. GARDNER. Mr. President, today David Sellers, David Shigley, Tommy with the Coast Guard Meritorious I wish to honor the veterans of the Silva, Kenneth Skoglund, Darrell Service Medal for his leadership in this Honor Flight Northern Colorado and Smith, John Smith, Farrell Spencer, post. the organization’s 17th trip to Wash- Edward Stephens, Stanley Suichta, Captain Murray’s other decorations ington, DC. More than 120 veterans Martin Treml, Kerry Tyler, Linda include three Coast Guard Commenda- have traveled to our Nation’s Capital Tyler, Daryl Vande Hoef, Thomas tion Medals, the Coast Guard Achieve- to visit the memorials that stand in White, Terry Willert, and John Young. ment Medal, and the Coast Guard 9/11 Service Medal. their honor. This group includes vet- f erans from various wars and genera- I offer Captain Murray my warmest tions, but all are linked by their serv- TRIBUTE TO CAPTAIN R. ANDREW congratulations and appreciation for ice to our country. MURRAY the many years he has spent protecting Ten years ago, the Honor Flight was Mr. TILLIS. Mr. President, I rise this Nation, saving lives, and per- created to fly veterans that had served today to recognize the military service forming his faithful duty as a U.S.

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.093 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6214 CONGRESSIONAL RECORD — SENATE September 28, 2016 Coastguardsman. I ask my fellow Sen- community service award, which is issues. He was brave enough to take on ators to join me in saluting Captain given to a Rhode Islander ‘‘whose car- the stereotypes and misconceptions Murray for his service. ing, courage and humor light the way that divide Milwaukee and do it in a f for those who follow,’’ and he was in- way that earned the respect of even his ducted into the Rhode Island Heritage strongest detractors. And in a city REMEMBERING HENRY SHELTON Hall of Fame in 2015. Despite his many where inflammatory talk radio is prev- Mr. REED. Mr. President, today I accomplishments, Henry was excep- alent, his was a voice of reason in the wish to recognize and honor the life tionally humble, never seeking praise debate over inequality and injustice. and significant accomplishments of or recognition for his work to help oth- He was known for speaking the truth Henry Shelton, a tireless advocate for ers. about Milwaukee’s racial divide and Rhode Island’s poorest citizens, who I ask that my colleagues join me in using his platform as a vehicle for posi- passed away on September 21, 2016. Our remembering Henry Shelton, who was tive change. Just last month, I had the world is a better place because Henry kind, caring, courageous, and pas- honor of speaking with Eric about the was in it, and he will be sorely missed. sionate about helping and empowering recent unrest in Milwaukee’s Sherman Born and raised in Central Falls, RI, those who were less fortunate. I offer Park neighborhood that was tied to Henry served as a priest in Providence, my heartfelt condolences to Mr. lack of job opportunities in the central where he began his lifelong fight for Shelton’s wife, Carol; his sisters Rose- city. We discussed how we could work those in need. After leaving the priest- marie and Catherine; his five children, together to bring healing to the city, hood, he led the Coalition for Con- Joseph, James, Patrick, Eamon, and and we promised to speak again soon to sumer Justice and founded the Paw- Caitlin; and grandchildren, Benjamin, find solutions that will build a stronger Milwaukee community. tucket-based George Wiley Center, Mathew, Henry, Emmett, Frederic, and where he served as director for over 30 Eric Von was the loving husband of Felicity. I know that Henry’s constant Faithe Colas; father of Erica Broadley, years. Henry empowered low-income example of good will and selflessness Rhode Islanders to push for social Bria Culp, and Paige Colas; and grand- will continue to sustain and inspire his father to Domonic Patten and Erielle change and policies to alleviate pov- family and all of us. erty and provide access to basic needs. Taylor. He leaves behind a host of fam- f ily and friends that truly loved him He truly put the word ‘‘active’’ into ac- and will miss him dearly. tivism. From protesting in the street REMEMBERING ERIC VON BROADLEY As we honor the life of Eric Von to arguing in the courtroom, Henry Broadley, I join with mourners across made a difference in the causes he Ms. BALDWIN. Mr. President, today the Milwaukee community in pledging championed, including securing bus I wish to honor the life and legacy of to continue Eric’s fight for equal op- passes for the elderly, working to pro- Eric Von Broadley, known throughout portunity and to honor his legacy of vide free school breakfast and summer the country as Eric Von, whose un- action. meals for low-income children, and timely passing at the age of 58 has left f promoting access to unemployment the Milwaukee community without one services, to name a few. of its most thoughtful African-Amer- TRIBUTE TO DAVID AND LIANE Henry Shelton’s legacy is perhaps ican leaders. Over the last three dec- PHILLIPS most felt in his work to lower utility ades, Eric Von has been a bridge build- Mr. PORTMAN. Mr. President, today costs and to help low-income families er, a healer, and an important voice in I wish to recognize cofounders David with their energy bills so that their Milwaukee’s African-American com- and Liane Phillips on the 20th anniver- heat or electricity was not turned off. munity. sary of Cincinnati Works. New England winters can be particu- Eric was a 25-year veteran of the Cincinnati Works began with the larly brutal. Henry understood that radio industry, starting his career as a dream of founders Dave and Liane Phil- paying utility bills is a real struggle disc jockey and then moving into news lips to eliminate poverty in the com- for those who are trying to make ends as a reporter and anchor. He served as munity. As a result of significant re- meet. His mission was to make sure the business manager for Radio One in search and review of best practices in that no one was left out in the cold. He Washington, DC. Then, when his career workforce development programs was a vocal supporter of the Low In- took him from Washington, DC, to Mil- across the Nation, a program model come Home Energy Assistance Pro- waukee, he became the director of op- was developed which focused on job re- gram, LIHEAP, which I too have long erations for the former 1290 WMCS tention and advancement rather than championed, to provide vital assistance radio. simply job placement. to help low-income households, seniors, It did not take long before local news Since its opening in 1996, Cincinnati and veterans pay their energy bills. Ac- programs sought out his gravitas as a Works and the Phillipses have helped cessing this assistance is not auto- commentator. Eric became a regular to provide hope and encouragement for matic and each year individuals have panelist on Wisconsin Public Tele- thousands of people living in poverty, to prove their eligibility. That takes a vision’s Interchange and the cohost of assisting in advancing self-sufficiency lot of work by dedicated individuals on ‘‘Black Nouveau.’’ Milwaukee ABC net- through employment. the ground who help people enroll and work affiliate, WISN Channel 12, Cincinnati Works offers a com- get the assistance they need. Henry turned to Eric’s influence in the com- prehensive approach to eliminating was unrelenting in working for each munity to motivate people to vote in poverty in the Tri-State area through a and every person who needed help. local and national elections. Eric be- network of job services and employer Henry played this essential role by came a special assignment reporter and partnerships. The contributions and bringing LIHEAP funds and protec- cohost of ‘‘It’s Your Vote,’’ a weekly dedication the organization has shown tions across the finish line. He worked political affairs show which featured is commendable and continues to be a to make sure families understood their candidate forums, debates, and voter vital asset in the community. I applaud the outstanding commit- rights, could navigate the utility as- education information. ment of David and Liane and all who sistance process, and were able to ac- Beyond broadcast journalism, Eric were involved in reaching this mile- cess payment forgiveness plans when was the managing partner of the public stone. I congratulate and thank them needed. Indeed, Henry was such an ef- relations firm he founded, Von Commu- for making the first 20 years of Cin- fective advocate that when Rhode Is- nications. In addition, Eric Von and his cinnati Works a success. land State lawmakers passed a bill al- wife, Faithe Colas, cofounded an online lowing for a utility payment-forgive- health magazine committed to improv- f ness program for low-income, disabled, ing the health of African-American ADDITIONAL STATEMENTS and elderly Rhode Islanders, they men, known as Brain, Brawn & Body. named it the Henry Shelton Act. Eric was a fearless opinion leader. As Henry received a number of awards a broadcast journalist, he spoke frank- TRIBUTE TO JOHN G. CENTANNI for his work, including the Providence ly and from the heart on the day’s ∑ Mr. BOOKER. Mr. President, today I Newspaper Guild’s John F. Kiffney most controversial social and political wish to recognize John Centanni, a

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.073 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6215 firefighter, lifelong Newarker, and respect of his or her peers for lifetime Stanley as ‘‘Land Use & Zoning Lawyer friend who is retiring from the Newark accomplishments. I doubt there is any of the Year’’ for 2011 through 2014 and Fire Department after 30 years of dedi- other individual as deserving as Stan- as one of Maryland’s top land use and cated service. A true public servant, ley, a native Baltimorean, to receive zoning attorneys in the 2007 through John has guided the Department since this recognition. 2017 editions. And he has made the list 2010, providing steady leadership dur- My wife, Myrna, and I have known as one of ‘‘Maryland’s Super Lawyers’’ ing a critical time. Stanley since we were all in junior in the 2007 through 2013 and 2015 John G. Centanni was born to John high school. One of the most important through 2016 editions of Baltimore and Pamela Centanni on July 25, 1965, things to know about Stanley is that Magazine. Stanley received his B.A. in Newark, NJ, where he was raised he is always ready to offer a helping from Johns Hopkins University in 1965 with his younger sisters, Marlene, An- hand. I doubt any of us know just how and his J.D. from the University Of gela, and Cassandra, in the city’s North many people Stanley has helped over Maryland School of Law in 1969. Ward. In 1986, at the age of 20, John ful- the years; because of his inherent mod- In addition to being a superb lawyer, filled a childhood dream when he be- esty, he never seeks acknowledgment Stanley is an exceptional athlete. came a Newark firefighter. Over the or recognition or accolades. In 1982, While he was a freshman at Johns Hop- three decades that followed, John ad- Stanley’s wife, Bailey—a dedicated and kins, he played in the first game of vanced through the ranks, serving as accomplished public servant—ran my Baltimore’s box lacrosse league, tele- captain, batallion chief, deputy chief, reelection campaign to the Maryland vised live in 1962, and scored a game- chief of staff to the battalion director, House of Delegates and then served as high four goals for his club team, and finally, fire chief. my campaign aide during my first con- which won the game. At the university, Assigned to Engine 6—one of our Na- gressional race in 1986; as my district he was the backbone of a tenacious tion’s busiest—John quickly became director for 20 years; and, finally, as midfield for the Blue Jays varsity la- known for his exceptional work ethic my State director during my first term crosse team and joined the Phi Sigma and commitment to safety. As a fire- in the Senate before she retired at the Delta fraternity. fighter, he earned numerous com- end of 2012. Stanley and Bailey will be I think Stanley’s colleague Benjamin mendations for courage, valor, and her- celebrating their 45th wedding anniver- Rosenberg, the founder and chairman oism, including two Individual Life- sary on November 28. They have two of Rosenberg Martin Greenberg, saving Awards from the Newark Fire- lovely adult children, Michael and summed it up best, saying: fighters Union. In 1992, he was inducted Laura, and three grandchildren. Mi- . . . this award is long overdue recognition into the Police and Firemen’s Insur- chael and his wife, Whitney, have two of the major role Stanley has played in the ance Association Heroes Hall of Fame, daughters, Riley and Blakely; Laura life of our City. Over the past several decades and her husband, Ben Liebman, have a there have been very few significant real es- in recognition of his lifesaving work. tate developments in Baltimore that Stanley In 2010, John’s substantial experi- son, Eli. has not had an important hand in. He has ence, impressive record of leadership Stanley is a partner in the law firm also been a behind the scenes confidante and and service, and great reputation of Rosenberg Martin Greenberg, LLP. sounding board for virtually every public of- among his fellow firefighters made it He has been representing developers ficial at the State and local level. They rely easy for me to select him as Newark’s and businessowners in high-profile Bal- on Stanley for practical, discreet advice and fire chief. During his tenure at the timore city land use and zoning mat- counsel. Take a walk over to City Hall or a helm of New Jersey’s largest municipal ters for 35 years. The city’s skyline and trip to the State House with Stanley and you’ll see what I mean. While some people fire department, John was instru- neighborhoods, from office buildings to shopping centers and local businesses, may think of Stanley as Bailey’s sidekick or mental in securing Federal funding for Michael and Laura’s dad or one of the great- equipment upgrades and maintaining from industrial buildings and office est left-handed shooters who ever played la- crucial relationships and mutual aid parks to neighborhood restaurants, re- crosse, wherever you look at bright spots in agreements with sister fire depart- flect Stanley’s tremendous impact on Baltimore, chances are you’ll see something ments. These accomplishments made Baltimore. Over the years, Stanley has that Stanley has helped bring about. Newark and our State safer, saving cultivated long-term relationships The epitaph in St. Paul’s Cathedral countless lives. with developers, engineers, architects, for Sir Christopher Wren reads, in part, John will retire from the city of New- attorneys, planners, city and State of- ‘‘si monumentum requiris, ark on October 21, 2016. His career of ficials, preservationists, conservation- circumspice,’’ which means ‘‘if you three decades, spent exclusively with ists, and others engaged in real estate seek his monument, look around you.’’ the Newark Fire Department, has been development. These relationships, cou- What is true for Christopher Wren in marked by incredible heroism and serv- pled with Stanley’s legal acumen and London is true for my friend Stanley ice. It is a true honor to formally rec- personal commitment to the city of Fine in Baltimore. I ask my fellow Sen- ognize Fire Chief John G. Centanni for Baltimore, have helped him to bring ators to join my wife, Myrna, and me the contributions that he has made to prominent and challenging commer- and Stanley’s colleagues, peers, family the citizens of Newark throughout his cial, industrial, and residential members, and his legions of friends and career, thank him for his tremendous projects to realization. Stanley is a admirers in congratulating him on re- service, and wish him happiness in a consensus-seeker and always finds cre- ceiving such a richly deserved Lifetime well-deserved retirement.∑ ative solutions for each project—solu- Achievement Award from ULI Balti- f tions that serve the interests of his cli- more.∑ ents, the government agencies in- f TRIBUTE TO STANLEY S. FINE volved, the community, and other ∑ Mr. CARDIN. Mr. President, it gives stakeholders. As ULI Baltimore Dis- REMEMBERING CHARLES CAWLEY me great joy to congratulate a dear trict Council coordinator Lisa Norris ∑ Mr. CARPER. Mr. President, on be- friend, Stanley S. Fine, who is being stated, ‘‘Throughout Stanley’s career half of Senator CHRIS COONS and Con- rightfully honored next month by the his priority has been to make the City gressman JOHN CARNEY of Delaware, I Baltimore District Council of the of Baltimore a better place in which to would like to set aside a few minutes Urban Land Institute, ULI, with its live and work.’’ today to reflect on the life and work of 2016 Lifetime Achievement Award. The Stanley is a cofounder of the Balti- the late Charles ‘‘Charlie’’ Cawley. He Lifetime Achievement Award is given more Development Workgroup and pre- was a Delawarean who created a divi- to an individual who has been a recog- viously served as the director of the sion called Support Services to employ nized leader in the development com- Maryland State Lottery Agency and hundreds of people with intellectual or munity; who has touched all aspects of chairman of the Maryland State Lot- developmental disabilities and enhance development including acquisition, de- tery Commission. He is a former mem- their quality of life as employees of sign, finance, and implementation; who ber of the Baltimore City Planning MBNA Corporation, the succesful cred- has volunteered his or her time and/or Commission and president of a commu- it card business he founded which was resources to help advance the industry; nity association. Best Lawyers in later acquired by Bank of America in and who commands the admiration and America magazine has recognized 2006.

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.092 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6216 CONGRESSIONAL RECORD — SENATE September 28, 2016 Charlie made it his mission to give portunity to make a meaningful con- first LGBT couple in West Hollywood back to the communities in which he tribution every workday of their lives. to apply for a marriage license. More and his employees lived. Over the Support Services has survived mergers than a decade later, America has course of more than two decades, his and acquisitions because the potential caught up to George, and marriage company and its employees gave more value that Charlie once envisioned over equality is the law of the land. than $50 million to organizations and dinner with his friends many years ago George has demonstrated a lifelong innumerable worthy causes. One major has been enthusiastically embraced by commitment to stand up for people way that Charlie and the people of a new generation. Sadly, Charlie passed who don’t always have a voice. And MBNA helped transform those commu- away in 2015, but his legacy of giving this award is as much a recognition of nities was through a division of MBNA lives on through this program and its the work he will continue to do as called Support Services. Now a division employees who together comprise the much as for what he has already done. within Bank of America, it currently Charles M. Cawley Support Services Congratulations, George, on a well- employs more than 300 associates with team. Long may they serve.∑ deserved honor.∑ intellectual or developmental disabil- f f ities at Bank of America offices in Delaware, Maine, and Texas. These em- TRIBUTE TO GEORGE TAKEI RECOGNIZING BARRY CONCRETE, INC. ployees handle a variety of tasks, some ∑ Ms. HIRONO. Mr. President, ‘‘Oh ∑ of which include manual package as- Myyy!’’ My friend George Takei is Mr. VITTER. Mr. President, family- sembly, performing quality control on being honored with the National Asian owned small businesses have a strong automated teller machines, printing t- Pacific American Bar Association’s, tradition in Louisiana and are the shirts, letter folding, and mailing and NAPABA, Inspire Award. In addition to backbone of the business community. processing detailed, confidential docu- his many contributions to the arts, This week I would like to recognize ments. Employees receive a competi- George has been on the forefront for Barry Concrete, Inc., of Lafayette, LA, tive salary, full benefits, and the op- decades, fighting for those who don’t as Small Business of the Week, which portunity to grow professionally and have a voice. has been family-owned for three gen- build relationships with mentors at the When he was just 4 years old, the tra- erations. Barry Concrete was founded in 1947 bank. jectory of George’s life changed for- by Charles Weldon Barry, Sr., better It all began when Charlie was out to ever. His family and nearly 120,000 known as ‘‘Tex.’’ After working as an dinner with friends who felt their dis- other Japanese Americans were de- electrician in the New Orleans Higgins abled son had little opportunity for clared enemy aliens and were forcibly employment and independence, so Boat factory during World War II, Tex removed from their homes for the dura- Charlie hired their son—and three oth- returned to his native Lafayette and tion of World War II. George’s family ers—and not long after, Support Serv- established Barry Concrete. He success- packed up their entire lives into one ices was born. Charlie knew there was fully ran the company until his retire- suitcase and endured harsh living con- value to this division, and with an ment in the late 1970s, when his son ditions in ramshackle internment abiding commitment to supporting in- Charles Weldon Barry, Jr., better camps. dividuals with disabilities, he grew the known as ‘‘Buzzy,’’ took the reins. The internment of Japanese Ameri- division to more than 200 employees. Upon Buzzy’s untimely death in 1991, cans remains one of our country’s When Bank of America acquired his wife, Bonny, continued to run the darkest moments, and George has MNBA, the division could have been business, persevering in the face of made it his life’s work to educate a downsized or even eliminated; however, great difficulties in order to help her new generation of Americans about the Bank of America’s vice chairwoman sons attend college. After all three importance of protecting fundamental Anne Finucane saw an opportunity to Barry sons—Mitch, Patrick, and involve Support Services in more as- rights. Brady—graduated, they each joined the George’s most ambitious endeavor, pects of the bank’s businesses, not less, family business and today oversee day- ‘‘Allegiance,’’ a musical on the intern- so the program was expanded even fur- to-day operations as CEO, VP of oper- ment, exposed a new audience to the ther. ations, and quality control manager re- Contributing significantly to the suc- shock, humiliation, anger, and resolve spectively. cess of Support Services is that its em- of one family, the Kimuras, who were With four locations in Breaux Bridge, ployees are treated the same as other interned in Heart Mountain, WY. As Lafayette, New Iberia, and Opelousas, employees of the bank. Managers look for others, the Kimura’s internment Barry Concrete is well-positioned to at the team as a whole, determine what harm didn’t end when the war did. provide concrete for a range of jobs in skills each member possesses, and then There was irreparable damage to the the Acadiana region. Barry Concrete is provide the conditions needed to foster family’s unity, hopes, and dreams. a nimble operation that can pour con- success. Doing so has helped to ensure In a TED Talk, George recounted the crete on any scale, from residential that the efforts of Support Services heroism of Japanese Americans who driveways and wheelchair ramps to employees, which require near perfect volunteered to serve in the military de- bridges, and even helped build the Uni- accuracy and high efficiency rates, are spite being declared enemy aliens. versity of Louisiana-Lafayette’s met with success. In the early years of Their segregated units—the 442nd Regi- Cajundome. the division, many clients of Support mental Combat Team, the 100th Bat- Congratulations, again, to the Barry Services were skeptical that people talion, and the Military Intelligence family and the employees of Barry with disabilities would be able to com- Service—remain some of the most Concrete, Inc., for being selected as plete the very meticulous and time- decorated units in the Army. Small Business of the Week and for sensitive tasks in which this division ‘‘They gave me a legacy, and with carrying on Louisiana’s tradition of specializes; however, those high expec- that legacy comes a responsibility, and family-owned small businesses.∑ I am dedicated to making my country tations are always met and very often f exceeded. an even better America, to making our Support Services is a quiet gem that government an even truer democracy, RECOGNIZING BRAIN FREEZE has given hundreds of employees the and because of the heroes that I have SNOWBALLS opportunity to build confidence and and the struggles that we’ve gone ∑ Mr. VITTER. Mr. President, Lou- independence. It is a blessing in their through, I can stand before you as a isianians are constantly looking for a lives. From recognizing project accom- gay Japanese-American, but even more way to cool off from the summer heat, plishments, milestones, and pro- than that, I am a proud American.’’ and one of the most popular ways to do motions, to celebrating weddings and George is also a tireless advocate for so is by enjoying an ice-cold snowball. the birth of children, there is no short- and leader in the LGBT community. In This week, I would like to recognize age of success stories to come out of 2005, George bravely stood up to con- Brain Freeze Snowballs of Broussard, such a positive and impactful area. servative attacks on marriage equality LA, as the Small Business of the Week. Support Services is more than a divi- by publicly coming out as gay. In 2008, A stay-at-home mom, Kristi sion of the bank; it represents an op- he and his husband, Brad, became the Broussard found herself with a lot of

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.069 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6217 extra time once her daughter was old floods. Although no State or Federal sets, Central Crude has been able to enough to go to school. With the neigh- contract was in place in advance, Mr. grow their business considerably, cre- borhood snowball stand recently va- O’Connor gave Patrick the green light ating even more Louisiana jobs. The cated, Kristi and her husband, Colby, when a phone call came through from company now participates in the mar- decided to buy the stand in 2014 and the Office of Emergency Preparedness keting and transportation of natural share their family’s 50-year-old snow- at 3:05 a.m. August 14 to do whatever gas along with crude. Under the leader- ball recipes with the local community, was necessary to help the increasing ship of CEO Steve Jordan, this small including the popular Cheesecake number of victims seeking shelter. De- business’s consistent growth and ex- Stuffed Snowball. Kristi and Colby spite no time to prepare, CMC opened pansion has made the company the bought a bright orange trailer and all its facilities and the buses of evac- largest privately owned crude oil pur- parked it on West Main Street and, uees began to arrive at 5 a.m. Not only chaser in Louisiana. since its opening, has attracted a loyal did Celtic take in over 4,000 evacuees at In addition to the excellent services clientele that grows each year. high water mark the first day and shel- they provide to the oil industry, I Today Brain Freeze Snowballs is in tered over 2,500 at night, they also wel- would also like to recognize Central the process of expanding to a new port- comed all pets due to their long- Crude for their commitment to the able building, which will allow cus- standing pet-friendly policy. Although highest level of customer service tomers to try their snowballs without at first a struggle to provide anything through their honesty, integrity, and waiting in line on the side of a major but a roof and water, the operation ul- reliability and for their consideration road. The new building will com- timately expanded to include countless to all aspects of the community in plement the original bright orange generous individuals and other compa- which they serve. Congratulations trailer that is still used for local fairs nies throughout the area. Guests were again to Central Crude for being se- and festivals. able to enjoy a wide range of free des- lected as Small Business of the Week, Congratulations again to Brain serts, gourmet coffee, moon bounces and I look forward to your continued growth and success.∑ Freeze Snowballs for being selected as for the kids, live music, and even a spe- Small Business of the Week, and I look cial visit from the LSU football team. f forward to your continued growth and In addition, CMC was not only willing RECOGNIZING CLEGG’S NURSERY success.∑ to host these thousands of victims and AND NAYLOR’S HARDWARE AND f families, but the last evacuees did not GARDEN CENTER RECOGNIZING CELTIC MEDIA leave until 12 days later. During one of ∑ Mr. VITTER. Mr. President, in the CENTRE the most trying times in Louisiana his- ongoing fight to rebuild much of south tory, Celtic Media Centre not only ∑ Louisiana after the devastating losses Mr. VITTER. Mr. President, the peo- showed its resolute dedication to the ple and businesses of Louisiana have we experienced from widespread flood- Louisiana community but did so for ing, I am proud of the perseverance, re- continued to display remarkable nearly 2 weeks straight. CMC is a re- strength, perseverance, and selfless silience, and spirit of service clearly markable example of true community present amidst the efforts to restore service throughout the ongoing flood- spirit and selfless service. ing and fallout in the State. Celtic and rejuvenate our great State. As I would like to extend my humble such, I would like to recognize Clegg’s Media Centre is certainly no exception gratitude to Celtic Media Centre for its to this outpouring of help and deter- Nursery and Naylor’s Hardware and tremendous efforts in service to the Garden Center of Baton Rouge, LA, as mination in its efforts to aid the com- Louisiana families and communities Small Business of the Week. munity, and for this reason, I would affected by the horrific flooding. Ac- Following the deadly, unprecedented like to recognize this fine company as tions like theirs truly embodies the flooding in south Louisiana this Au- Small Business of the Week. Without American spirit of unity and service gust, Clegg’s Nursery has permanently its willingness to accommodate any that is required in such times of need. merged businesses with Naylor’s Hard- and all victims at a moment’s notice, I wish them the best in their ongoing ware and Garden Center, whose facility over 2,000 people would have been left recovery efforts and continued growth was severely damaged. Their joint de- to weather the catastrophe alone and and success in the business world.∑ termination and commitment to help- with no roof over their heads. f ing other local businesses has inspired Celtic Media Centre, CMC, was found- the Baton Rouge community to main- ed by Brendan O’Connor in 2005 and has RECOGNIZING CENTRAL CRUDE OF LAKE CHARLES, LOUISIANA tain a positive and selfless attitude and become the largest film and television continue to lend helping hands to production studio in the State of Lou- ∑ Mr. VITTER. Mr. President, Lou- friends and neighbors during this time isiana. A Baton Rouge-based company, isiana plays a major role in keeping of loss and recovery. CMC originally catered exclusively to our Nation powered up and running, In 1955, Sam and Effie Clegg founded the smaller independent film industry. and our natural resources industry pro- Clegg’s Nursery in Baton Rouge, LA. However, after continued success and vides many crucial jobs to residents of They began by selling just a few plants expansion, the company now boasts an the Bayou State. This week, I would from an empty lot on Florida Boule- impressive resume, including major like to recognize Central Crude of Lake vard, but this quickly led to the open- productions such as ‘‘True Blood’’ and Charles, LA, as Small Business of the ing of a small garden center on North ‘‘Twilight Saga: Breaking Dawn Parts Week. Donmoor in Baton Rouge’s Lobdell- 1 and 2.’’ Brendan’s son Michael took Central Crude was founded in 1974 Woodale neighborhood. In 1981, Sam over as president and CEO after his fa- with the goal of safely transporting Clegg sold the business to his son Mar- ther’s unfortunate passing in 2009, and crude oil while minimizing the envi- shall, who then expanded the family Patrick Mulhearn was brought on as ronmental impact. Over the next two business to two other locations in the executive director of studio oper- decades, Central Crude added numerous Baton Rouge. In 1999, Clegg’s was again ations. Under their leadership, the stu- oil pipelines and terminals in order to sold to current managers, Scott Ricca dio has blossomed into what it is expand their transportation capabili- and Tom Fennell, who dedicated them- today. ties and customer base in southwest selves and the company to the same The recent flooding in Louisiana is Louisiana. In 2000, Central Crude ex- values, mission, and passion for gar- not the first time that Michael and panded again by adding a state-of-the- dening that both Sam and Effie Clegg Patrick teamed up to help the commu- art gas gathering system, which al- envisioned over 40 years before. What nity. In 2012, after signing an agree- lowed them to provide full service ca- started out as a plant stand in an ment to aid the Red Cross during disas- pabilities to the natural gas market for empty lot has now developed into a ters, CMC provided shelter to over 500 the first time. wholesale growing operation with sev- Red Cross volunteers in the aftermath Today, Central Crude operates 7 pipe- eral locations throughout the Baton of Hurricane Isaac. This experience be- lines, a 260,000-barrel tank farm, a rail Rouge area. came vital for the much bigger task and barge terminal, and a trucking di- Today Clegg’s owns over 40,000 square they had to face during the recent vision. With the addition of these as- feet of commercial greenhouse space,

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.076 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6218 CONGRESSIONAL RECORD — SENATE September 28, 2016 with a dedicated staff committed to northwest Louisiana culture at events RECOGNIZING HAYES providing customers with the best lo- around the county. In late 2013, Great MANUFACTURING cally grown plants in Baton Rouge. Raft Brewing Co. opened their tasting ∑ Mr. VITTER. Mr. President, for over Amidst the devastating thousand-year room, originally serving their three 60 years, one small business based out flood disaster that has plagued our flagship brews before expanding to of Pineville, LA, has played a major offer a number of limited release and State in recent weeks, Clegg’s has led role in building central Louisiana and seasonal beers. In a span of 3 years, by example and embodied the true spir- creating hundreds of jobs along the Great Raft Brewing Co. has been able it of service, specifically through its way. This week, I would like to recog- to expand to a level that allows them aid to Naylor’s Hardware and Garden nize Hayes Manufacturing as Small Center, another local hardware and to distribute their beer all around the State of Louisiana, as well as gar- Business of the Week. garden store in the area. Following the In the early 1950s, James Hayes, Sr., storm, Naylor’s was left completely nering regional and national success, including being recognized as one of worked in a local fabrication shop and and irreparably destroyed. Clegg’s of- quickly realized that he could produce fered immediate help to its fellow com- the South’s Best Breweries by South- ern Living Magazine, a Best American a better product on his own. Working pany by giving jobs to several of out of his garage with a welding ma- Naylor’s employees, including its Lager by Food & Wine Magazine, a Best Coffee Beers in the World by chine mounted on a Model-T Ford, owner, Johnny Naylor, and now is Hayes, Sr., established his namesake merging with the successful Naylor es- Men’s Journal, and numerous other recognitions in State, local, and na- manufacturing small business in 1954. tablishment to continue to supply the Over the next two decades, Hayes, Sr., Baton Rouge community with the tional publications. Congratulations to Great Raft Brew- acquired a small machine shop and suc- same great products and customer ing for being named this week’s Small cessfully provided steel manufacturing service all under one roof. Despite the Business of the Week. I have no doubt products for central Louisiana. In 1972, tragic circumstances, Naylor’s has that this local brewery will continue to his son James Hayes, Jr., joined the found new life through Clegg’s, which thrive and provide great beer for the family business, and was shortly fol- is a prime example of service, unity, people of Louisiana in the years to lowed by his brother Cliff. Under their and true community support. come.∑ combined leadership and vision, Hayes I would like to extend my deepest f Manufacturing has grown to become condolences to the friends and families one of the highest regarded steel fab- of Naylor’s for the loss of their busi- RECOGNIZING HAIR FACTORY rication shops in the south. ness, while expressing profound admi- ∑ Mr. VITTER. Mr. President, in Lou- Today Hayes Manufacturing is one of ration toward Clegg’s for its remark- isiana, football is a way of life, with three divisions under the Hayes Com- able display of true Louisiana strength the players often competing to be seen panies, which is operated out of a 13- and helping others in the community as role models to the young folks in acre property in Pineville. Hayes Man- during this time of need. I am honored our community. The Louisiana State ufacturing regularly partners with the to name Clegg’s Nursery and Naylor’s University Fighting Tigers, arguably local community to give back. Fol- Hardware and Garden Center as Small one of the best college football teams lowing the deadly, historic flooding in Business of the Week. I wish them all in the country, is a prime example of south Louisiana this August, Hayes the best during this time of recovery this and boasts many outstanding play- Manufacturing organized volunteers to and look forward to seeing their new ers that influence and inspire their help Baton Rouge families repair their growth and success as they embark on community, State, and Nation. This flooded homes. Hayes Manufacturing ∑ a new business venture together. week, I would like to recognize the has also worked with the State and f ventures of one such student athlete as local governments in public-private RECOGNIZING GREAT RAFT Small Business of the Week. For his partnerships that build Louisiana’s in- BREWING CO. commitment to serving the Baton frastructure and grow hundreds of di- Rouge community and inspiring entre- ∑ Mr. VITTER. Mr. President, over the rect and indirect jobs. In 2011, as the preneurship among young folks across CEO of the Hayes Companies, James past several years, small locally owned Louisiana, I am very proud to honor breweries have exploded in popularity Hayes, Jr., was awarded Small Busi- Lewis Neal and Hair Factory of Baton ness Person of the Year by the Central across the country, and Louisiana is no Rouge, LA, as the Senate Small Busi- exception to this trend and is home to Louisiana Chamber of Commerce. ness of the Week. Congratulations to the entire team a number of small breweries that have North Carolina native Lewis Neal gained regional and national success. at Hayes Manufacturing for being se- isn’t your typical entrepreneur. A sen- lected as Small Business of the Week, As such, I would like to recognize ior at LSU this year, Neal began his Great Raft Brewing Co. of Shreveport, and I look forward to your continued entrepreneurial endeavors in high growth and success.∑ LA, as this week’s Small Business of school when he participated in day the Week. trading on the Foreign Exchange mar- f In 2013, Andrew and Lindsay Nations ket, something he continues to do. RECOGNIZING HOOK & BOIL opened Great Raft Brewing in Shreve- Neal’s entrepreneurial talent led to port’s historic Highland neighborhood him and a friend creating a smartphone ∑ Mr. VITTER. Mr. President, with the with the mission of creating fresh craft app, and his love for the city of Baton recovery of the south Louisiana com- beer that complemented the lifestyle Rouge inspired him to recently become munity underway, I would like to rec- and cultures of northwest Louisiana. co-owner of Hair Factory, joining Joan ognize Hook & Boil of Broussard, LA, Having fallen in love with craft beer Campbell, whose family opened the as Senate Small Business of the Week. while living in Washington, DC, the local salon in 1986. After the police The folks at Hook & Boil played a sig- Nations set out to share their passion shooting in July rocked the Baton nificant role in serving its neighbors with their native northern Louisiana. Rouge community, Neal and Campbell during the recent devastating floods In October 2013, Great Raft Brewing Co. showed their commitment to their and its selfless action in the midst of made history by selling the first lo- community by offering free Hair Fac- such widespread devastation is a shin- cally made beer in Shreveport since tory haircuts to local members of the ing example of the commitment to Prohibition and quickly cemented military, along with first responders community and service among all Lou- themselves as a new pillar of their and their families. isianians. community. Congratulations to Lewis Neal, Joan Mark Alleman, a third-generation Named for the ‘‘Great Raft’’ logjam Campbell, and the entire Hair Factory crawfish famer and chef, began his cul- that once prevented travel along the team for being selected as the Small inary career by starting his own cater- Red River, Great Raft Brewing remains Business of the Week, and I thank ing company, Cravin’ Cajun Seafood. committed to their community, them for their commitment to the His skillful combination of Cajun flair hosting numerous charity and festival Baton Rouge community and providing with a wide range of local ingredients events each year and representing for those who serve us daily.∑ caught on quickly, and its tremendous

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.078 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6219 success led Mark to expand his oper- work and maintaining strong family ite, which led to the 1967 opening of ations into Hook & Boil, the full-scale values. I once again would like to con- Lasyone’s Meat Pie Restaurant in his- restaurant and catering business we gratulate Kelly Plumbing, Inc., for toric downtown Natchitoches. A few know today. The new Hook & Boil their perseverance and am proud to years later, the editor of House Beau- strives to provide the ultimate Cajun honor them as Small Business of the tiful Magazine dropped in, and experience. This experience, however, Week. I look forward to seeing their Lasyone’s Meat Pie Restaurant soon would be incomplete without a strong continued growth and success.∑ began receiving national recognition. bond and commitment to the greater f Today Lasyone’s original recipe is a Broussard community. well-kept secret, but Chefs Angela RECOGNIZING LAMULLE This commitment was on full display Lasyone and Tina Lasyone Smith con- CONSTRUCTION, LLC during the recent fallout from the trag- tinue to share meat pies with the com- ic flooding of southern Louisiana. De- ∑ Mr. VITTER. Mr. President, the suc- munity, along with several other sta- spite waters rising to over an inch in cess and stability of the Bayou State’s ples of Southern cuisine, including his own house, Alleman and his team economy works largely in conjunction crawfish pie, red beans and sausage, at Hook & Boil served over 2,000 meals with the abundance of natural re- dirty rice, southern fried catfish, bread to those in need. With a crew of three sources at our fingertips. Considering pudding with rum sauce, and chicken Hook & Boil employees and a few locals the variety of industries that work in and dumplings. In their nearly 50 years with high vehicles, the team delivered and around Louisiana’s vast coastline, of operation, Lasyone’s Meat Pie Res- food to affected neighborhoods it is important to have a solid water taurant has been praised in national throughout the community. Although infrastructure system in place. A vet- newspapers, including the Chicago the Hook & Boil team was small, its eran-owned small business based in Sli- Tribune and , impact was wide-ranging and felt dell, LA, has been building that water major television shows On the Road throughout the entire city. infrastructure for the citizens of south with Charles Kuralt and Good Morning This generosity and service is deserv- Louisiana for nearly 70 years. I would America, and even in international ing of the deepest gratitude and re- like to recognize Lamulle Construc- publications from , , and spect, and I would again like to give tion, LLC, as Small Business of the . my sincerest thanks to Hook & Boil for Week. Congratulations again to the its remarkable service and action dur- It was during World War II when E.J. Lasyone’s Meat Pie Restaurant for ing such a tragedy. This showcase of Lamulle served in the U.S. Army and being selected as Small Business of the service has not only bolstered commu- learned the skill of pile driving. Week. I look forward to my next visit nity pride but shines as a light and tre- Lamulle’s regiment was responsible for to Natchitoches to have another one of mendous example of unity, compassion, building docks off islands in the Pacific your delicious meat pies and wish the and human spirit. I look forward to Ocean so Allied ships could drop off entire team at Lasyone’s continued your continued growth and success.∑ supplies. After the war, Lamulle re- growth and success.∑ f turned to Louisiana in 1947 to find his home devastated by a hurricane. When f RECOGNIZING KELLY PLUMBING rebuilding his home, Lamulle used his ∑ Mr. VITTER. Mr. President, family- RECOGNIZING MAGGIO GROCERY pile driving skills to protect it from fu- AND DELI owned small businesses are essential to ture storms, and when his neighbors keeping our homes and businesses run- took notice of his work, Lamulle inad- ∑ Mr. VITTER. Mr. President, small ning and providing much needed jobs in vertently started his namesake con- businesses in Louisiana play a major our local communities. The skill set struction company. role in their local communities and and level of service from these small Over the next several decades, economy, and far more often than not, businesses drive our communities to Lamulle Construction grew to spe- they support and showcase the values succeed and are the backbone for our cialize in constructing residential and and livelihood of the people around economic success. This week, I would commercial waterfront projects, in- them. In that spirit, I would to recog- like to recognize Kelly Plumbing, Inc., cluding bulkheads, docks, piers, and nize Maggio Grocery and Deli of Bos- of Monroe, LA, as Small Business of bridges. Today, E.J. Lamulle’s son sier City, LA, as Small Business of the the Week for their commitment to cus- David manages the family-owned small Week. tomers and exceptional service in business, which has grown to employ 25 In 1923, Sam and Mary Maggio opened northeast Louisiana. crewmembers and 8 administrators who Maggio Grocery along the Red River in Kelly Plumbing was founded in 1928 maintain the high level of service and Bossier City, LA. An Italian immigrant by Ernest and Vivian Kelly in their attention to detail that the company and World War I veteran, Sam built the hometown of Monroe. Since 1928, the has become known for. grocery store with the goal of pro- company’s focus on customer satisfac- Congratulations to the great team at viding his Bossier City neighbors with tion not only makes them a premier Lamulle Construction for being se- the highest quality groceries, meats, plumbing service but has allowed them lected as this week’s Small Business of seafood, and service-with-a-smile one to survive the economic downturns and the Week, and I look forward to your could find in the community. Even recessions that our Nation has faced continued growth and success.∑ with a friendly rival grocery store since the Great Depression. After 88 f across the street, Sam found success years, the Kelly family continues to with Maggio Grocery and eventually provide exceptional plumbing and RECOGNIZING LASYONE’S MEAT passed the business along to his two home repair services to members of PIE RESTAURANT sons, Joe and Charlie. These days their community, building a successful ∑ Mr. VITTER. Mr. President, down in Maggio Grocery is run by Charlie’s son, business that offers its expertise to the Bayou State, our generations-old Vince, and his wife, Sharon, who work countless costumers in the Monroe and recipes are well regarded and in high to make sure the family’s namesake West Monroe communities. This suc- demand. This week I would like to rec- grocery store maintains the same tra- cess has allowed the owners to pass ognize Lasyone’s Meat Pie Restaurant ditions that have lasted three genera- down their business for three genera- of Natchitoches, LA, as Small Business tions. Even with the prolific growth of tions and is now currently operated by of the Week, for their commitment to supermarkets, 93 years later, Maggio Bobby Kelly, Jr. supporting the local economy and Grocery continues to thrive in north- Kelly Plumbing’s focus on customer keeping the tradition of southern cook- west Louisiana and remains in its and quality service has not gone unno- ing alive and well. original location on Thompson Street. ticed, as they were awarded DeltaStyle In the 1950s, James Lasyone was the I would like to congratulate Maggio Magazine’s ‘‘Best Plumbing Company’’ butcher for the Live Oak Grocery and Grocery and Deli for being recognized of 2016. This is further proof of the began experimenting with a meat pie as Small Business of the Week, and I strength and success a small business recipe. In the years that followed, look forward to their continued growth can have in conjunction with hard Lasyone’s recipe became a local favor- and success.∑

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.082 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6220 CONGRESSIONAL RECORD — SENATE September 28, 2016 RECOGNIZING METALCRAFT phone apps. The experience of these became a nationally recognized com- MANUFACTURING talented professionals helped shape the petitor. At the time, Morris & Dickson ∑ Mr. VITTER. Mr. President, as this first major animation studio in Lou- Co. was working out of the same build- body continues to honor the impor- isiana. ing it had first moved into in 1905. Today Moonbot has grown into an tance and contributions of the small Nearly eight decades later, they were award-winning team of 50 employees business community across America, I still transporting goods in a manual ranging from animators, illustrators, would like to specifically recognize freight elevator and used a dumbwaiter and a large film and marketing team MetalCraft Manufacturing of Shreve- or rope bucket to send orders upstairs. creating beautiful stories that capture port, LA, as Small Business of the Claudius’s son Markham Allen Dickson the imaginations of folks both in Lou- Week. recognized that major changes had to isiana and around the world. Currently, After years of experience as an engi- be made and, much like his prede- the studio is working with Amazon cessors, had an immense respect for neer and businessman, Todd Leleux ac- Studios in creating and producing a quired MetalCraft Manufacturing in technology’s growing influence. M. Al- new animated children’s show to be len’s foresight and ingenuity allowed 2008. Building upon his extensive back- streamed on the popular Amazon ground in the oil and gas industry and the family-owned business to grow to Prime Web site. Additionally, the become the region’s leading wholesale MetalCraft’s history of providing top of group boasts a number of prestigious the line metal manufacturing and cus- drug distributor. He moved the com- awards including a handful of Emmy pany out of downtown Shreveport, uti- tomer service, Leleux quickly grew the Awards and an Oscar for best animated company’s manufacturing in a few lized the early use of computers, and short film with their original produc- under his leadership, Morris & Dickson short years. With an increasing client tion ‘‘The Fantastic Flying Books of base, Leleux sought to expand to La- Co. exploded on the national wholesale Mr. Morris Lessmore.’’ pharmaceutical scene. By 2013, Morris fayette, LA, in 2011. During this proc- Congratulations again to Moonbot ess, he included Garland Champagne & Dickson Co. was the fourth largest Studios for being selected as Small pharmaceutical distributor in the Na- and Jeff Prejean as co-owners who Business of the Week. Thank you for tion. brought over 70 combined years of ex- your commitment to inspiring our next Still driven by the 175-year old ambi- perience in down hole oil tools. generation of Louisiana artists and tion to elevate the standard of patient Over the years, MetalCraft has storytellers. I look forward to seeing care for their neighbors and commu- helped provide high-quality products to your continued growth and success.∑ nity, today Morris & Dickson Co. is run industry leaders such as General Elec- f tric, GE, and the Halliburton Company, by M. Allen’s son, Paul Dickson. Mor- while also delivering their signature RECOGNIZING MORRIS & DICKSON ris & Dickson Co. has a well-earned level of service to all clients, regard- CO. LLC reputation for persevering through less of size. Today MetalCraft con- ∑ Mr. VITTER. Mr. President, often- many hardships by embracing innova- tinues to serve Louisiana with the times the truest test of a small tion in order to harness the power of an highest level of expertise and crafts- business’s strength is its longevity. In ever-changing economy and increas- manship to industry, ranging from ag- Louisiana, our small businesses have ingly technology-driven world. riculture to petroleum. MetalCraft has worked through countless challenges Today Morris & Dickson Co. provides and will continue to offer quality em- and survived for generations to im- operational and logistic innovation ployment opportunities to Louisian- prove the lives of their neighbors and support for independent pharmacies. ians for many years to come. make substantial contributions to the This includes everything from on-time Congratulations again to MetalCraft economy. In honor of their 175th anni- delivery of pharmaceutical inventory Manufacturing for being selected as versary, I would like to present Morris to inventory management software. this week’s Small Business of the & Dickson Co. LLC of Shreveport, LA, With Morris & Dickson Co.’s help, inde- Week, and I look forward to your con- with the Senate Small Business Legacy pendent pharmacies in 14 States can tinued growth and success.∑ Award for the important achievements focus on supporting and improving the of this Louisiana-based small business health of their local communities, f success story. while also remaining financially sol- RECOGNIZING MOONBOT STUDIOS In 1841, John Worthington Morris vent. opened J. W. Morris & Co., an inde- This Shreveport-based family-run ∑ Mr. VITTER. Mr. President, small pendent pharmacy in downtown business is a great example of the businesses have the unique ability to Shreveport, LA. Working out of a sin- American dream in action, and compa- connect with and inspire members in gle riverfront warehouse, J.W. first re- nies like Morris & Dickson certainly their communities. It is especially ceived goods by steamboat from New serve as role models for the next gen- noteworthy when these businesses are Orleans and with the help of his broth- eration of entrepreneurs. I congratu- able to inspire their neighbors through er, Thomas Henry, ran his namesake late the hard-working folks at Morris a creative use of the arts. This week I small business until his death 12 years & Dickson Co. LLC on 175 years in busi- am proud to honor Moonbot Studios of later. A second generation of the Mor- ness and for the well-deserved honor of Shreveport, LA, as Small Business of ris family continued J.W.’s legacy until the Senate Small Business Legacy the Week, for their commitment to Claudius Dickson bought the business Award.∑ captivating the imaginations of folks in 1899, renaming it to be Morris & of all ages through beautiful animation Dickson Co. Claudius worked with f and superb storytelling. members of the Morris family to grow In 2009, three visionary artists—Bill their wholesale pharmaceutical busi- Joyce, Brandon Oldenburg, and RECOGNIZING PARADISE ness. As technology improved, with OUTFITTERS, LLC Lampton Enochs—hatched a revolu- new railway lines and gasoline-powered tionary idea: open a full-service design trucks, Morris & Dickson Co. embraced ∑ Mr. VITTER. Mr. President, as I con- and production studio in Louisiana’s the revolutionary improvements to dis- tinue to honor the success and con- budding entertainment hub, Shreve- tribute their pharmaceuticals in Lou- tributions of the small business com- port, LA. The trio aimed for creating isiana and the surrounding States. munity in the United States, I would and producing visually stunning and In order to survive the Civil War, the like to honor the work of Paradise Out- intricately told stories for folks of all Great Depression, as well as the day- fitters, LLC, located in Venice, LA, as ages. Helmed by Joyce, a former illus- to-day struggles of running a success- this week’s Small Business of the trator for Disney/Pixar, and Oldenburg ful business, the leaders of Morris & Week. and Enochs, two successful entertain- Dickson Co. took advantage of each Paradise Outfitters, LLC, has become ment-industry professionals, the group technological improvement to ensure a premier deep sea charter fishing com- began producing top-notch and award- the company would stay afloat. pany, not only in Louisiana but winning animated short films and It wasn’t until the 1980s that Morris throughout the entire gulf region. Cap- digitally animated books and cell & Dickson Co. grew exponentially and tain Hunter Caballero opened his doors

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.087 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6221 almost a decade ago, following the dev- the Year by Louisiana Economic Devel- like to recognize Toce Energy, LLC, of astation of Hurricane Katrina. An ac- opment in 2015. Lafayette, LA, as Small Business of complished angler who holds the Lou- In recognition of their years of dedi- the Week, for their commitment to isiana State record for big eye tuna, cation to growing jobs and contrib- spurring economic growth through the Captain Caballero’s work has been fea- uting to southern Louisiana’s eco- State’s distressed oil and gas industry. tured in Saltwater Sportsman, Lou- nomic development, I congratulate In 1997, after many successful years isiana Sportsman, the Waterman’s Renaissance Publishing, LLC, for being in the oil and gas industry, Victor and Journal, among others. Captain Cabal- selected as Small Business of the Paul Toce teamed up to found their lero started with only one boat and a Week.∑ namesake Toce Energy, LLC, in en- small crew but now has a fleet of 4 f ergy-rich southwest Louisiana. Ini- boats, employs 4 captains, and a crew tially offering services in acquisitions RECOGNIZING THREE BROTHERS of roughly 10 to 20 individuals, depend- of oil and gas properties, Toce Energy FARM ing on the fishing season. Paradise quickly expanded their reach into Outfitters delivers essential services in ∑ Mr. VITTER. Mr. President, the op- neighboring parishes, spurring growth fishery management while contrib- portunity to buy from local businesses in the local communities in which they uting to the commercial and economic affords consumers fresher and higher operate. development essential to keeping Lou- quality products, but it also gives them Today Toce Energy boasts operations isiana competitive. the chance to support the communities in 18 parishes across the southern re- I am proud to support Louisiana’s in which they operate. In that spirit, I gion of the State. Contracting over 500 reputation as the ‘‘Sportsman’s Para- am proud to recognize Three Brothers vendors to support their operations in dise,’’ and companies like Paradise Farm of Youngsville, LA, as Small geology, geophysics, land, drilling, pro- Outfitters, LLC, provide unparalleled Business of the Week for their commit- duction, accounting, and legal services, services that help Louisiana uphold ment to bringing high-quality locally the group provides scores of good-pay- that moniker. In the wake of Hurricane grown products to restaurants and con- ing jobs both in Louisiana’s struggling Katrina in 2005 and even during the BP sumers all around the State of Lou- oil and natural gas industry and across oilspill in 2010, Captain Caballero and isiana. various industries which serve the sec- his crew continued providing a signifi- Three Brothers Farm in Lafayette tor. cant boost to our State’s irreplaceable Parish got its start in 1944 when it Congratulations again to Toce En- tourism industry and have allowed us began producing fresh, all natural fig ergy for being selected as Small Busi- to showcase the unique and wonderful preservatives. They traveled to farm- ness of the Week. Thank you for your fishing opportunities that only Lou- er’s markets all across the State to commitment to Louisiana’s energy sec- isiana can provide. bring their quality products to the tor and providing jobs for citizens of I would like to congratulate Paradise masses. For years they enjoyed growth Louisiana. I look forward to seeing Outfitters, LLC, once more and thank and success in the fig industry; how- your continued growth and success.∑ their team for the services they have ever, in 2005, when Hurricane Rita f provided throughout our State’s most came ashore bringing 22 consecutive RECOGNIZING TRIPLE N OYSTER challenging times. I look forward to hours of salty gulf rain with it, Three FARM seeing their continued success and ap- Brothers Farm faced an unprecedented plaud them for giving people the challenge. The result of such extended ∑ Mr. VITTER. Mr. President, Lou- unique experiences one can only find in rain was devastating to the fig tree isiana is known for serving some of the Louisiana.∑ population on the farm and dramati- best seafood in the world, and that in- f cally decreased Three Brothers Farm’s cludes our locally grown and raised ability to produce enough figs to sup- oysters. We are especially lucky in RECOGNIZING RENAISSANCE ply the demand. that many Louisianians are putting PUBLISHING, LLC Instead of giving up, the owners pen to paper in order to hammer out ∑ Mr. VITTER. Mr. President, in my turned their efforts to a new endeavor real solutions that will preserve, pro- role as chairman of the Senate Com- and began to develop the sugar aspect tect, and rebuild our vulnerable coastal mittee on Small Business and Entre- of the business. Under this new direc- habitats that also give a boost to some preneurship, I am fortunate to come tion, the farm added an FDA-approved of our richest industries. One such Lou- across entrepreneurs across the United kitchen to be used to scrub raw sugar isiana-based business is this Small States who have dedicated so much and thus be able to provide it to area Business of the Week Triple N Oyster time and effort to creating jobs and restaurants and co-ops. Their venture Farm. boosting our Nation’s economy. This paid off tremendously as they now have Biology professors at Louisiana State week, I would like to recognize Renais- 29 acres of naturally produced sugar- University in Baton Rouge, Dr. Steve sance Publishing, LLC, located in my cane and Celeste figs, which allows Pollock and Dr. Ginger Brininstool hometown of Metairie, LA, as Small them to service some of the best res- took the entrepreneurial leap in 2015 Business of the Week. taurants in Louisiana including the when the Grand Isle community sought Renaissance Publishing first opened Besh Restaurant Group, Herbsaint, new ways to farm oysters in the pop- its doors in Jefferson Parish in 2006. In Cochon, and Le Petite Grocery, ular coastal community. The husband the last 9 years, Todd Matherne has amongst many more. and wife team worked together to de- consistently provided folks across Lou- Congratulations again to Three velop an innovative new way to farm isiana with exceptional printing and Brothers Farm of Youngsville, LA, this and harvest oysters with minimal dam- publishing services and today employs week’s Small Business of the Week, for age to Louisiana’s vulnerable coastal over 50 people. With a guiding directive their dedication to providing Louisiana habitats. By suspending their oyster to ‘‘celebrate life’’ in each of Mr. with ‘‘Certified Cajun’’ products and I habitats off the sea floor, Dr. Pollock Matherne’s publishing ventures, Ren- look forward to your continued growth and Dr. Brininstool experiment with aissance Publishing has grown from and sweet success.∑ alternative farming techniques that producing custom publishing titles for f allow oysters to mature more quickly local organizations to also owning and and cleanly than in traditional farming managing a handful of local magazines RECOGNIZING TOCE ENERGY, LLC methods. and periodicals, including ∑ Mr. VITTER. Mr. President, with the Recently, Triple N Oyster Farm was MyNewOrleans.com, New Orleans Mag- right tools, small businesses have the selected to join a competitive impact azine, and Louisiana Life. As such, unique opportunity to drive economic accelerator program at Propeller, a Renaissance Publishing has the latest growth and opportunity across the popular New Orleans, LA, nonprofit or- information on what to do and what is country, providing good-paying jobs in ganization whose aim is to help start going on in New Orleans. For his many their communities. In energy-rich Lou- and grow entrepreneurial ventures in achievements, Mr. Matherne was des- isiana, small oil and gas companies are the greater New Orleans area. In this ignated as Small Business Person of no exception to this. This week I would program, Dr. Pollock and Dr.

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.090 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6222 CONGRESSIONAL RECORD — SENATE September 28, 2016 Brininstool will join a small team of rity screening personnel of the Transpor- consideration in determining eligibility for, local startups to develop additional in- tation Security Administration of such Ad- or the amount of, Federal public benefits. novative and entrepreneurial options ministration’s guidelines regarding permit- S. 1878. An act to extend the pediatric pri- to improve Louisiana’s coastal water ting baby formula, breast milk, purified de- ority review voucher program. ionized water, and juice on airplanes, and for S. 2683. An act to include disabled veteran management. other purposes. leave in the personnel management system Congratulations again to Triple N H.R. 5391. An act to amend the Homeland of the Federal Aviation Administration. Oyster Farm for being selected as Security Act of 2002 to enhance certain du- H.R. 2494. An act to support global anti- Small Business of the Week. Thank ties of the Domestic Nuclear Detection Of- poaching efforts, strengthen the capacity of you for your commitment to inno- fice, and for other purposes. partner countries to counter wildlife traf- vating Louisiana’s rich seafood indus- The message further announced that ficking, designate major wildlife trafficking try while preserving our vulnerable pursuant to section 703 of the Social countries, and for other purposes. coast, and I look forward to your con- Security Act (42 U.S.C. 903), and the f ∑ tinued growth and success. order of the House of January 6, 2015, MEASURES REFERRED the Speaker appoints the following in- f dividual on the part of the House of The following bills were read the first MESSAGES FROM THE PRESIDENT Representatives to the Social Security and the second times by unanimous consent, and referred as indicated: Messages from the President of the Advisory Board for a term of 6 years, United States were communicated to effective October 9, 2016: Ms. Kim H.R. 5065. An act to direct the Adminis- Hildred of Alexandria, Virginia. trator of the Transportation Security Ad- the Senate by Mr. Pate, one of his sec- ministration to notify air carriers and secu- retaries. The message also announced that pursuant to section 114(b) of the John rity screening personnel of the Transpor- f tation Security Administration of such Ad- C. Stennis Center for Public Service ministration’s guidelines regarding permit- EXECUTIVE MESSAGES REFERRED Training and Development Act (2 ting baby formula, breast milk, purified de- U.S.C. 1103), and the order of the House As in executive session the Presiding ionized water, and juice on airplanes, and for of January 6, 2015, the Speaker ap- other purposes; to the Committee on Com- Officer laid before the Senate messages points the following individual on the merce, Science, and Transportation. from the President of the United part of the House of Representatives to H.R. 5391. An act to amend the Homeland States submitting sundry nominations the Board of Trustees for John C. Sten- Security Act of 2002 to enhance certain du- which were referred to the appropriate nis Center for Public Service Training ties of the Domestic Nuclear Detection Of- committees. fice, and for other purposes; to the Com- and Development for a term of 6 years: mittee on Homeland Security and Govern- (The messages received today are Mr. Gregg Harper of Pearl, Mississippi. printed at the end of the Senate pro- mental Affairs. ENROLLED BILL SIGNED f ceedings.) At 12:52 p.m., a message from the f House of Representatives, delivered by MEASURES READ THE FIRST TIME Mr. Novotny, one of its reading clerks, MESSAGES FROM THE HOUSE The following bill was read the first announced that the Speaker has signed time: At 12:21 p.m., a message from the the following enrolled bill: House of Representative, delivered by H.R. 954. An act to amend the Internal H.R. 1475. An act to authorize a Wall of Re- Revenue Code of 1986 to exempt from the in- Mr. Novotny, one of its reading clerks, membrance as part of the Korean War Vet- dividual mandate certain individuals who announced that the House has passed erans Memorial and to allow certain private had coverage under a terminated qualified the following bill, with an amendment contributions to fund that Wall of Remem- health plan funded through the Consumer and an amendment to the title, in brance. Operated and Oriented Plan (CO–OP) pro- which it requests the concurrence of The enrolled bill was subsequently gram. the Senate: signed by the President pro tempore f S. 253. An act to amend the Communica- (Mr. HATCH). tions Act of 1934 to consolidate the reporting EXECUTIVE AND OTHER obligations of the Federal Communications At 5:18 p.m., a message from the COMMUNICATIONS Commission in order to improve congres- House of Representatives, delivered by The following communications were sional oversight and reduce reporting bur- Mr. Novotny, one of its reading clerks, laid before the Senate, together with dens. announced that the House has passed accompanying papers, reports, and doc- The message further announced that the following bill, without amendment: uments, and were referred as indicated: S. 3283. An act to designate the commu- the House has passed the following EC–7000. A communication from the Sec- nity-based outpatient clinic of the Depart- bills, without amendment: retary of the Commodity Futures Trading ment of Veterans Affairs in Pueblo, Colo- S. 1004. An act to amend title 36, United Commission, transmitting, pursuant to law, rado, as the ‘‘PFC James Dunn VA Clinic’’. States Code, to encourage the nationwide ob- the report of a rule entitled ‘‘System Safe- servance of two minutes of silence each Vet- The message also announced that the guards Testing Requirements for Derivatives erans Day. House of Representatives having pro- Clearing Organizations’’ (RIN3038–AE29) re- S. 1698. An act to exclude payments from ceeded to reconsider the bill (S. 2040) to ceived in the Office of the President of the State eugenics compensation programs from deter terrorism, provide justice for vic- Senate on September 21, 2016; to the Com- consideration in determining eligibility for, tims, and for other purposes, returned mittee on Agriculture, Nutrition, and For- or the amount of, Federal public benefits. by the President of the United States estry. S. 1878. An act to extend the pediatric pri- with his objections, to the Senate, in EC–7001. A communication from the Ad- ority review voucher program. ministrator of the Specialty Crops Program, S. 2683. An act to include disabled veteran which it originated, and passed by the Agricultural Marketing Service, Department leave in the personnel management system Senate on reconsideration of the same, of Agriculture, transmitting, pursuant to of the Federal Aviation Administration. it was resolved, that the said bill do law, the report of a rule entitled ‘‘Softwood The message also announced that the pass, two-thirds of the House of Rep- Lumber Research, Promotion, Consumer House has passed the following bills, in resentatives agreeing to pass the same. Education and Industry Information Order; Revision of Time Frame for Continuance which it requests the concurrence of ENROLLED BILLS SIGNED At 6:37 p.m., a message from the Referenda’’ (Docket No. AMS–SC–16–0054) re- the Senate: ceived in the Office of the President of the H.R. 954. An act to amend the Internal House of Representatives, delivered by Senate on September 21, 2016; to the Com- Revenue Code of 1986 to exempt from the in- Mrs. Cole, one of its reading clerks, an- mittee on Agriculture, Nutrition, and For- dividual mandate certain individuals who nounced that the Speaker has signed estry. had coverage under a terminated qualified the following enrolled bills: EC–7002. A communication from the Direc- health plan funded through the Consumer S. 1004. An act to amend title 36, United tor of the Regulatory Management Division, Operated and Oriented Plan (CO-OP) pro- States Code, to encourage the nationwide ob- Environmental Protection Agency, transmit- gram. servance of two minutes of silence each Vet- ting, pursuant to law, the report of a rule en- H.R. 5065. An act to direct the Adminis- erans Day. titled ‘‘Pyridaben; Pesticide Tolerances’’ trator of the Transportation Security Ad- S. 1698. An act to exclude payments from (FRL No. 9951–92) received in the Office of ministration to notify air carriers and secu- State eugenics compensation programs from the President of the Senate on September 20,

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.101 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6223 2016; to the Committee on Agriculture, Nu- EC–7011. A communication from the Alter- EC–7021. A communication from the Assist- trition, and Forestry. nate Federal Register Liaison Officer, Office ant Secretary, Energy Efficiency and Renew- EC–7003. A communication from the Ad- of the Secretary, Department of Defense, able Energy, Department of Energy, trans- ministrator of the Specialty Crops Program, transmitting, pursuant to law, the report of mitting, pursuant to law, the semi-annual Agricultural Marketing Service, Department a rule entitled ‘‘TRICARE; Mental Health Implementation Report on Energy Conserva- of Agriculture, transmitting, pursuant to and Substance Use Disorder Treatment’’ tion Standards Activities of the Department law, the report of a rule entitled ‘‘Tart Cher- (RIN0720–AB65) received in the Office of the of Energy; to the Committee on Energy and ries Grown in the States of Michigan, et al.; President of the Senate on September 21, Natural Resources. Revision of Optimum Supply Requirements 2016; to the Committee on Armed Services. EC–7022. A communication from the Sec- and Establishment of Inventory Release Pro- EC–7012. A communication from the Alter- retary of Energy, transmitting, pursuant to cedures’’ (Docket No. AMS–FV–15–0047) re- nate Federal Register Liaison Officer, Office law, a report entitled ‘‘Department of En- ceived in the Office of the President of the of the Secretary, Department of Defense, ergy Activities Relating to the Defense Nu- Senate on September 22, 2016; to the Com- transmitting, pursuant to law, the report of clear Facilities Safety Board, Fiscal Year mittee on Agriculture, Nutrition, and For- a rule entitled ‘‘Qualification Standards for 2015’’; to the Committee on Energy and Nat- estry. Enlistment, Appointment, and Induction’’ ural Resources. EC–7004. A communication from the Ad- (RIN0790–AI78) received in the Office of the EC–7023. A communication from the Direc- ministrator of the Specialty Crops Program, President of the Senate on September 15, tor of the Regulatory Management Division, Agricultural Marketing Service, Department 2016; to the Committee on Armed Services. Environmental Protection Agency, transmit- of Agriculture, transmitting, pursuant to EC–7013. A communication from the Alter- ting, pursuant to law, the report of a rule en- law, the report of a rule entitled ‘‘Pistachios nate Federal Register Liaison Officer, Office titled ‘‘Treatment of Indian Tribes in a Grown in California, Arizona, and New Mex- of the Secretary, Department of Defense, Similar Manner as States for Purposes of ico; Decreased Assessment Rate’’ (Docket transmitting, pursuant to law, the report of Section 303(d) of the Clean Water Act’’ (FRL No. AMS–SC–16–0076) received in the Office of a rule entitled ‘‘Sexual Assault Prevention No. 9952–61–OW) received in the Office of the the President of the Senate on September 22, and Response (SAPR) Program Procedures’’ President of the Senate on September 20, 2016; to the Committee on Agriculture, Nu- (RIN0790–AI36) received in the Office of the 2016; to the Committee on Environment and trition, and Forestry. President of the Senate on September 19, Public Works. EC–7005. A communication from the Ad- 2016; to the Committee on Armed Services. EC–7024. A communication from the Direc- ministrator of the Livestock, Poultry, and EC–7014. A communication from the Sec- tor of the Regulatory Management Division, Seed Program, Agricultural Marketing Serv- retary of Defense, transmitting a report on Environmental Protection Agency, transmit- ice, Department of Agriculture, transmit- the approved retirement of Vice Admiral Ted ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- N. Branch, United States Navy, and his ad- titled ‘‘Promulgation of Air Quality Imple- titled ‘‘Amendment to the Definition of ’Con- vancement to the grade of vice admiral on mentation Plans; State of Arkansas; Re- dition’ and Prerequisite Requirement for the retired list; to the Committee on Armed gional Haze and Interstate Visibility Trans- Shell Eggs Eligible for Grading and Certifi- Services. port Federal Implementation Plan’’ (FRL cation Stated in the Regulations Governing EC–7015. A communication from the Sec- No. 9952–03–Region 6) received in the Office of the Voluntary Grading of Shell Eggs’’ (Dock- retary of the Treasury, transmitting, pursu- the President of the Senate on September 20, et No. AMS–LPS–15–0044) received in the Of- ant to law, a six-month periodic report on 2016; to the Committee on Environment and fice of the President of the Senate on Sep- the national emergency with respect to Iran Public Works. tember 22, 2016; to the Committee on Agri- as declared in Executive Order 12957 of March EC–7025. A communication from the Direc- culture, Nutrition, and Forestry. 15, 1995; to the Committee on Banking, Hous- tor of the Regulatory Management Division, EC–7006. A communication from the Pro- ing, and Urban Affairs. Environmental Protection Agency, transmit- gram Specialist of the Legislative and Regu- EC–7016. A communication from the Sec- ting, pursuant to law, the report of a rule en- latory Activities Division, Office of the retary of the Treasury, transmitting, pursu- titled ‘‘Partial Approval and Partial Dis- Comptroller of the Currency, Department of ant to law, a six-month periodic report on approval of Implementation Plans; State of the Treasury, transmitting, pursuant to law, the national emergency with respect to Iowa; Infrastructure SIP Requirements for the report of a rule entitled ‘‘Margin and that was originally declared in Ex- 2008 Ozone National Ambient Air Quality Capital Requirements for Covered Swap En- ecutive Order 13660 of March 6, 2014; to the Standard (NAAQS)’’ (FRL No. 9952–55–Region tities’’ (RIN1557–AD00) received during ad- Committee on Banking, Housing, and Urban 7) received in the Office of the President of journment of the Senate in the Office of the Affairs. the Senate on September 20, 2016; to the President of the Senate on September 16, EC–7017. A communication from the Sec- Committee on Environment and Public 2016; to the Committee on Agriculture, Nu- retary of the Treasury, transmitting, pursu- Works. trition, and Forestry. ant to law, a six-month periodic report on EC–7026. A communication from the Direc- EC–7007. A communication from the Board the national emergency with respect to per- tor of the Regulatory Management Division, Chairman and Chief Executive Officer, Farm sons undermining democratic processes or Environmental Protection Agency, transmit- Credit Administration, transmitting, pursu- institutions in Zimbabwe that was declared ting, pursuant to law, the report of a rule en- ant to law, the report of a rule entitled ‘‘Re- in Executive Order 13288 of March 6, 2003; to titled ‘‘Air Plan Approval; Georgia; Prong 4– leasing Information; Availability of Records the Committee on Banking, Housing, and 2008 Ozone, 2010 NO2, SO2, and 2012 PM2.5’’ of the Farm Credit Administration; FOIA Urban Affairs. (FRL No. 9952–72–Region 4) received in the Fees’’ (RIN3052–AD18) received in the Office EC–7018. A communication from the Sec- Office of the President of the Senate on Sep- of the President pro tempore of the Senate; retary of the Treasury, transmitting, pursu- tember 20, 2016; to the Committee on Envi- to the Committee on Agriculture, Nutrition, ant to law, a six-month periodic report on ronment and Public Works. and Forestry. the national emergency with respect to Ven- EC–7027. A communication from the Direc- EC–7008. A communication from the Sec- ezuela that was originally declared in Execu- tor of the Regulatory Management Division, retary of the Commodity Futures Trading tive Order 13692 of March 8, 2015; to the Com- Environmental Protection Agency, transmit- Commission, transmitting, pursuant to law, mittee on Banking, Housing, and Urban Af- ting, pursuant to law, the report of a rule en- the report of a rule entitled ‘‘System Safe- fairs. titled ‘‘Air Plan Approval; Alabama and guards Testing Requirements’’ (RIN3038– EC–7019. A communication from the Presi- North Carolina; Interstate Transport—2010 AE30) received in the Office of the President dent of the United States, transmitting, pur- NO2 Standards’’ (FRL No. 9952–74–Region 4) of the Senate on September 21, 2016; to the suant to law, a report on the continuation of received in the Office of the President of the Committee on Agriculture, Nutrition, and the national emergency with respect to per- Senate on September 20, 2016; to the Com- Forestry. sons who commit, threaten to commit, or mittee on Environment and Public Works. EC–7009. A communication from the Assist- support terrorism that was established in EC–7028. A communication from the Dep- ant Secretary for Legislation, Department of Executive Order 13224 on September 23, 2001; uty Assistant Administrator for Regulatory Health and Human Services, transmitting, to the Committee on Banking, Housing, and Programs, Office of Sustainable Fisheries, pursuant to law, a report entitled ‘‘Federal Urban Affairs. Department of Commerce, transmitting, pur- Agency Drug-Free Workplace Program’’ and EC–7020. A communication from the Asso- suant to law, the report of a rule entitled certification relative to the provisions and ciate General Counsel for Regulations and ‘‘Endangered and Threatened Species; Identi- requirements of section 503(c) of P.L. 100–71; Legislation, Office of Fair Housing and Equal fication of 14 Distinct Population Segments to the Committees on Appropriations; and Opportunity, Department of Housing and of the Humpback Whale (Megaptera Finance. Urban Development, transmitting, pursuant novaeangliae) and Revision of Species-Wide EC–7010. A communication from the Ad- to law, the report of a rule entitled ‘‘Quid Listing’’ (RIN0648–XC751) received in the Of- ministrator of the Environmental Protection Pro Quo and Hostile Environment Harass- fice of the President of the Senate on Sep- Agency, transmitting, pursuant to law, the ment and Liability for Discriminatory Hous- tember 21, 2016; to the Committee on Envi- report of an alleged violation of the ing Practices Under the Fair Housing Act’’ ronment and Public Works. Antideficiency Act that occurred on Sep- (RIN2529–AA94) received in the Office of the EC–7029. A communication from the Assist- tember 29, 2014, and April 7, 2015, in the Envi- President of the Senate on September 21, ant Secretary of the Army (Civil Works), ronmental Programs and Management ac- 2016; to the Committee on Banking, Housing, transmitting, pursuant to law, a report rel- count; to the Committee on Appropriations. and Urban Affairs. ative to the West Shore Lake Pontchartrain,

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A28SE6.016 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6224 CONGRESSIONAL RECORD — SENATE September 28, 2016 Louisiana Hurricane and Storm Damage EC–7038. A communication from the Chief suant to law, a report entitled, ‘‘Administra- Risk Reduction project; to the Committee on of the Publications and Regulations Branch, tive Justice in the District of Columbia: Rec- Environment and Public Works. Internal Revenue Service, Department of the ommendations to Improve DC’s Office of Ad- EC–7030. A communication from the Board Treasury, transmitting, pursuant to law, the ministrative Hearings’’; to the Committee on Members, Railroad Retirement Board, trans- report of a rule entitled ‘‘Credit for Carbon Homeland Security and Governmental Af- mitting, pursuant to law, a report relative to Dioxide Sequestration; 2016 Section 45Q In- fairs. the Board’s budget request for fiscal year flation Adjustment Factor’’ (Notice 2016–53) EC–7048. A communication from the Acting 2018; to the Committee on Health, Education, received in the Office of the President of the Director, Planning and Policy Analysis, Of- Labor, and Pensions. Senate on September 20, 2016; to the Com- fice of Personnel Management, transmitting, EC–7031. A communication from the Regu- mittee on Finance. pursuant to law, the report of a rule entitled lations Coordinator, National Institutes of EC–7039. A communication from the Chief ‘‘Special Rights for Transferred Employees Health, Department of Health and Human of the Publications and Regulations Branch, under the Dodd-Frank Act Regarding Fed- Services, transmitting, pursuant to law, the Internal Revenue Service, Department of the eral Employees’ Group Life Insurance’’ report of a rule entitled ‘‘Clinical Trials Reg- Treasury, transmitting, pursuant to law, the (RIN3206–AM81) received in the Office of the istration and Results Information Submis- report of a rule entitled ‘‘Update of Address President of the Senate on September 16, sion’’ (RIN0925–AA55) received during ad- for Qualified Vehicle Submissions’’ (Notice 2016; to the Committee on Homeland Secu- journment of the Senate in the Office of the 2016–51) received in the Office of the Presi- rity and Governmental Affairs. President of the Senate on September 16, dent of the Senate on September 20, 2016; to EC–7049. A communication from the Archi- 2016; to the Committee on Health, Education, the Committee on Finance. vist of the United States, National Archives Labor, and Pensions. EC–7040. A communication from the Chief and Records Administration, transmitting, EC–7032. A communication from the Regu- of the Publications and Regulations Branch, pursuant to law, a report relative to the Ad- lations Coordinator, Health Resources and Internal Revenue Service, Department of the ministration’s fiscal year 2016 Commercial Services Administration, Department of Treasury, transmitting, pursuant to law, the Activities Inventory and Inherently Govern- Health and Human Services, transmitting, report of a rule entitled ‘‘Foreign Tax Credit mental Activities Inventory and the Uniform pursuant to law, the report of a rule entitled Guidance Under Section 909 Related to For- Resource Locator (URL) for the report; to ‘‘Removing Outmoded Regulations Regard- eign-Initiated Adjustments’’ (Notice 2016–52) the Committee on Homeland Security and ing the Smallpox Vaccine Injury Compensa- received in the Office of the President of the Governmental Affairs. tion Program’’ (RIN0906–AA84) received dur- Senate on September 20, 2016; to the Com- EC–7050. A communication from the Direc- ing adjournment of the Senate in the Office mittee on Finance. tor, Administrative Office of the United of the President of the Senate on September EC–7041. A communication from the Chief States Courts, transmitting, pursuant to 16, 2016; to the Committee on Health, Edu- of the Publications and Regulations Branch, law, a report relative to applications for de- cation, Labor, and Pensions. Internal Revenue Service, Department of the layed-notice search warrants and extensions EC–7033. A communication from the Direc- Treasury, transmitting, pursuant to law, the during fiscal year 2015; to the Committee on tor of Regulations and Policy Management report of a rule entitled ‘‘applicable Federal the Judiciary. Staff, Food and Drug Administration, De- Rates—October 2016’’ (Rev. Rul. 2016–25) re- EC–7051. A communication from the Fed- partment of Health and Human Services, ceived in the Office of the President of the eral Liaison Officer, Patent and Trademark transmitting, pursuant to law, the report of Senate on September 20, 2016; to the Com- Office, Department of Commerce, transmit- a rule entitled ‘‘Safety and Effectiveness of mittee on Finance. ting, pursuant to law, the report of a rule en- EC–7042. A communication from the Chief Consumer Antiseptics; Topical Anti- titled ‘‘Changes to Patent Term Adjustment of the Publications and Regulations Branch, microbial Drug Products for Over-the- in view of the Federal Circuit Decision in Internal Revenue Service, Department of the Counter Human Use’’ ((RIN0910–AF69) (Dock- Novartis v. Lee’’ (RIN0651–AC96) received Treasury, transmitting, pursuant to law, the et No. FDA–1975–N–0012)) received in the Of- during adjournment of the Senate in the Of- report of a rule entitled ‘‘Facilitating Com- fice of the President of the Senate on Sep- fice of the President of the Senate on Sep- pliance with Qualified Plan Document Re- tember 19, 2016; to the Committee on Health, tember 23, 2016; to the Committee on the Ju- quirements’’ (Announcement 2016–32) re- Education, Labor, and Pensions. ceived in the Office of the President of the diciary. EC–7034. A communication from the Senior EC–7052. A communication from the Office Senate on September 20, 2016; to the Com- Advisor to the Secretary Delegated the Du- Program Manager, Office of Regulation Pol- mittee on Finance. ties of Assistant Secretary for Elementary EC–7043. A communication from the Chief icy and Management, Department of Vet- and Secondary Education, Office of the Gen- of the Publications and Regulations Branch, erans Affairs, transmitting, pursuant to law, eral Counsel, Department of Education, Internal Revenue Service, Department of the the report of a rule entitled ‘‘Authority to transmitting, pursuant to law, the report of Treasury, transmitting, pursuant to law, the Solicit Gifts and Donations’’ (RIN2900–AP75) a rule entitled ‘‘Final Priorities—Enhanced report of a rule entitled ‘‘Modifications to received in the Office of the President of the Assessment Instruments’’ ((CFDA No. Minimum Present Value Requirements for Senate on September 22, 2016; to the Com- 84.368A.) (Docket No. ED–2016–OESE–0004)) Partial Annuity Distribution Options under mittee on Veterans’ Affairs. received in the Office of the President pro Defined Benefit Pension Plans’’ ((RIN1545– EC–7053. A communication from the Office tempore of the Senate; to the Committee on BJ55) (TD 9783)) received in the Office of the Program Manager, Office of Regulation Pol- Health, Education, Labor, and Pensions. President of the Senate on September 22, icy and Management, Department of Vet- EC–7035. A communication from the Direc- 2016; to the Committee on Finance. erans Affairs, transmitting, pursuant to law, tor, Office of Regulations and Reports Clear- EC–7044. A communication from the Chief the report of a rule entitled ‘‘Authority to ance, Social Security Administration, trans- of the Publications and Regulations Branch, Solicit Gifts and Donations’’ (RIN2900–AP74) mitting, pursuant to law, the report of a rule Internal Revenue Service, Department of the received in the Office of the President of the entitled ‘‘Evidence from Excluded Medical Treasury, transmitting, pursuant to law, the Senate on September 22, 2016; to the Com- Sources of Evidence’’ (RIN0960–AH92) re- report of a rule entitled ‘‘Treatment of mittee on Veterans’ Affairs. ceived in the Office of the President of the Amounts Paid to Section 170(c) Organiza- EC–7054. A communication from the Chief Senate on September 21, 2016; to the Com- tions Under Employer Leave-Based Donation of Staff, Media Bureau, Federal Communica- mittee on Finance. Programs to Aid Victims of Severe Storms tions Commission, transmitting, pursuant to EC–7036. A communication from the Chief and Flooding in Louisiana that Began on Au- law, the report of a rule entitled ‘‘Amend- of the Publications and Regulations Branch, gust 11, 2016’’ (Notice 2016–55) received in the ment of Section 73.3555(e) of the Commis- Internal Revenue Service, Department of the Office of the President of the Senate on Sep- sion’s Rules, National Television Multiple Treasury, transmitting, pursuant to law, the tember 22, 2016; to the Committee on Fi- Ownership Rule’’ ((MB Docket No. 13–236) report of a rule entitled ‘‘Announcement of nance. (FCC 16–116)) received in the Office of the the Results of the Phase III Allocation EC–7045. A communication from the Direc- President of the Senate on September 21, Round of the Qualifying Gasification Project tor, Office of Regulations and Reports Clear- 2016; to the Committee on Commerce, Program’’ (Announcement 2016–34) received ance, Social Security Administration, trans- Science, and Transportation. in the Office of the President of the Senate mitting, pursuant to law, the report of a rule EC–7055. A communication from the Dep- on September 20, 2016; to the Committee on entitled ‘‘Revised Medical Criteria for Evalu- uty Assistant Administrator for Regulatory Finance. ating Mental Disorders’’ (RIN0960–AF69) re- Programs, Office of Sustainable Fisheries, EC–7037. A communication from the Chief ceived in the Office of the President of the Department of Commerce, transmitting, pur- of the Publications and Regulations Branch, Senate on September 19, 2016; to the Com- suant to law, the report of a rule entitled Internal Revenue Service, Department of the mittee on Finance. ‘‘Approach Regulations for Humpback Treasury, transmitting, pursuant to law, the EC–7046. A communication from the Acting Whales in Waters Surrounding the Islands of report of a rule entitled ‘‘Announcement of Director, Office of Personnel Management, Hawaii Under the Marine Mammal Protec- Certification Resulting from the 2012–2013 transmitting proposed legislation increasing tion Act’’ (RIN0648–BF98) received in the Of- Phase III Allocation Round of the Qualifying the death gratuity for a Federal civilian em- fice of the President of the Senate on Sep- Advanced Coal Project Program’’ (An- ployee killed in the line of duty; to the Com- tember 21, 2016; to the Committee on Com- nouncement 2016–33) received in the Office of mittee on Finance. merce, Science, and Transportation. the President of the Senate on September 20, EC–7047. A communication from the Dis- EC–7056. A communication from the Dep- 2016; to the Committee on Finance. trict of Columbia Auditor, transmitting, pur- uty Assistant Administrator for Regulatory

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A28SE6.018 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6225 Programs, Office of Sustainable Fisheries, Committee on Commerce, Science, and providers carry liability insurance; to the Department of Commerce, transmitting, pur- Transportation. Committee on Health, Education, Labor, and suant to law, the report of a rule entitled EC–7064. A communication from the Assist- Pensions. ‘‘Technical Amendments and Recodification ant Legal Adviser for Treaty Affairs, Depart- By Mr. KIRK (for himself, Mr. ISAKSON, of Alaska Humpback Whale Approach Regu- ment of State, transmitting, pursuant to the and Mr. CORNYN): lations’’ (RIN0648–BF31) received in the Of- Case-Zablocki Act, 1 U.S.C. 112b, as amended, S. 3407. A bill to amend the Public Health fice of the President of the Senate on Sep- the report of the texts and background state- Service Act to facilitate assignment of mili- tember 21, 2016; to the Committee on Com- ments of international agreements, other tary trauma care providers to civilian trau- merce, Science, and Transportation. than treaties (List 2016–0117—2016–0122); to ma centers in order to maintain military EC–7057. A communication from the Senior the Committee on Foreign Relations. trauma readiness and to support such cen- Attorney, U.S. Coast Guard, Department of EC–7065. A communication from the Assist- ters, and for other purposes; to the Com- Homeland Security, transmitting, pursuant ant Secretary, Legislative Affairs, Depart- mittee on Health, Education, Labor, and to law, the report of a rule entitled ‘‘Con- ment of State, transmitting, pursuant to Pensions. sumer Price Index Adjustments of Oil Pollu- law, a report relative to section 36(c) of the By Mrs. GILLIBRAND (for herself and tion Act of 1990 Limits of Liability—Vessels, Arms Export Control Act (DDTC 16–065); to Mrs. CAPITO): Deepwater Ports, and Onshore Facilities’’ the Committee on Foreign Relations. S. 3408. A bill to amend the Rural Elec- ((RIN1625–AC14) (Docket No. USCG–2013– EC–7066. A communication from the Assist- trification Act of 1936 to provide grants for 1006)) received in the Office of the President ant Secretary, Legislative Affairs, Depart- access to broadband telecommunications of the Senate on September 21, 2016; to the ment of State, transmitting, pursuant to services in rural areas, and for other pur- Committee on Commerce, Science, and law, a report relative to section 36(c) of the poses; to the Committee on Agriculture, Nu- Transportation. Arms Export Control Act (DDTC 16–077); to trition, and Forestry. EC–7058. A communication from the Chief the Committee on Foreign Relations. By Mr. CASEY (for himself and Mr. of the Mobility Division, Wireless Tele- EC–7067. A communication from the Assist- CARDIN): communications Bureau, Federal Commu- ant Secretary, Legislative Affairs, Depart- S. 3409. A bill to amend the Internal Rev- nications Commission, transmitting, pursu- ment of State, transmitting, pursuant to enue Code of 1986 to include foster care tran- ant to law, the report of a rule entitled law, a report relative to section 36(c) of the sition youth as members of a targeted group ‘‘Amendment of the Commission’s Rules Re- Arms Export Control Act (DDTC 16–059); to for purposes of the work opportunity credit; garding Maritime Radio Equipment and Re- the Committee on Foreign Relations. to the Committee on Finance. lated Matters’’ ((WT Docket No. 14–36) (FCC By Mr. MCCAIN: 16–119)) received during adjournment of the f S. 3410. A bill to direct the Secretary of Senate in the Office of the President of the PETITIONS AND MEMORIALS Veterans Affairs to conduct an independent Senate on September 23, 2016; to the Com- review of the deaths of certain veterans by mittee on Commerce, Science, and Transpor- The following petitions and memo- suicide, and for other purposes; to the Com- tation. rials were laid before the Senate and mittee on Veterans’ Affairs. EC–7059. A communication from the Chief were referred or ordered to lie on the By Mr. NELSON: of Staff, Media Bureau, Federal Communica- table as indicated: S. 3411. A bill to prohibit the Adminis- tions Commission, transmitting, pursuant to POM–206. A petition from a citizen of the trator of the Federal Emergency Manage- law, the report of a rule entitled ‘‘Amend- State of Texas relative to currency; to the ment Agency from taking administrative ac- ment of Section 73.202(b), FM Table of Allot- Committee on Banking, Housing, and Urban tion to recover certain payments for disaster ments, FM Broadcast Stations (Eagle Butte, Affairs. or emergency assistance, and for other pur- South Dakota)’’ ((MB Docket No. 16–182 ) POM–207. A petition from a citizen of the poses; to the Committee on Homeland Secu- (DA 16–1007)) received during adjournment of State of Texas relative to constitutional rity and Governmental Affairs. the Senate in the Office of the President of conventions; to the Committee on the Judi- By Mr. MARKEY: S. 3412. A bill to ban the use of bisphenol A the Senate on September 23, 2016; to the ciary. Committee on Commerce, Science, and in food containers, and for other purposes; to Transportation. f the Committee on Health, Education, Labor, EC–7060. A communication from the Chief EXECUTIVE REPORTS OF and Pensions. of the International Bureau, Federal Com- By Mr. HATCH: munications Commission, transmitting, pur- COMMITTEE S. 3413. A bill to authorize the extension of suant to law, the report of a rule entitled ‘‘In The following executive reports of nondiscriminatory treatment (normal trade the Matter of Amendment of the Commis- nominations were submitted: relations treatment) to the products of sion’s Space Station Licensing Rules and Kazakhstan; to the Committee on Finance. By Mr. ROBERTS for the Committee on Policies’’ ((IB Docket No. 02–34) (FCC 16–108)) By Mr. GRAHAM (for himself, Mr. Agriculture, Nutrition, and Forestry. received during adjournment of the Senate COATS, Mr. BLUNT, Mr. RUBIO, Mr. * Christopher James Brummer, of the Dis- in the Office of the President of the Senate KIRK, Mr. COTTON, Mr. BOOZMAN, Mr. trict of Columbia, to be a Commissioner of on September 23, 2016; to the Committee on CRUZ, and Mr. SCOTT): the Commodity Futures Trading Commission Commerce, Science, and Transportation. S. 3414. A bill to condition assistance to for the remainder of the term expiring June EC–7061. A communication from the Dep- the West Bank and Gaza on steps by the Pal- 19, 2016. uty Assistant Administrator for Regulatory estinian Authority to end violence and ter- * Christopher James Brummer, of the Dis- Programs, Office of Sustainable Fisheries, rorism against Israeli citizens; to the Com- trict of Columbia, to be a Commissioner of Department of Commerce, transmitting, pur- mittee on Foreign Relations. the Commodity Futures Trading Commission suant to law, the report of a rule entitled By Mr. PERDUE: ‘‘Magnuson-Stevens Act Provisions; General for a term expiring June 19, 2021. S. 3415. A bill to require Federal agencies Provisions for Domestic Fisheries; Paralytic * Brian D. Quintenz, of the District of Co- to issue appropriate identification for the Shellfish Poisoning Closed Areas Expiring’’ lumbia, to be a Commissioner of the Com- carrying of concealed firearms by qualified (RIN0648–XD604) received in the Office of the modity Futures Trading Commission for a law enforcement officers and qualified re- President of the Senate on January 7, 2015; term expiring April 13, 2020. tired law enforcement officers; to the Com- to the Committee on Commerce, Science, * Nomination was reported with rec- mittee on the Judiciary. and Transportation. ommendation that it be confirmed sub- By Mr. BROWN (for himself and Mr. EC–7062. A communication from the Attor- ject to the nominee’s commitment to PERDUE): ney-Advisor, U.S. Coast Guard, Department respond to requests to appear and tes- S. 3416. A bill to amend the Internal Rev- of Homeland Security, transmitting, pursu- tify before any duly constituted com- enue Code of 1986 to modify certain rules ap- ant to law, the report of a rule entitled plicable to qualified small issue manufac- ‘‘Safety Zone; Ironman 70.3 Miami; Miami, mittee of the Senate. turing bonds; to the Committee on Finance. FL’’ ((RIN1625–AA00) (Docket No. USCG– f By Mr. BROWN (for himself and Mr. 2015–0483)) received in the Office of the Presi- ENZI): dent of the Senate on September 21, 2016; to INTRODUCTION OF BILLS AND S. 3417. A bill to amend the Employee Re- the Committee on Commerce, Science, and JOINT RESOLUTIONS tirement and Income Security Act of 1974 Transportation. The following bills and joint resolu- and the Internal Revenue Code of 1986 to pro- EC–7063. A communication from the Attor- tions were introduced, read the first vide for the electronic delivery of pension ney-Advisor, U.S. Coast Guard, Department plan information; to the Committee on of Homeland Security, transmitting, pursu- and second times by unanimous con- Health, Education, Labor, and Pensions. ant to law, the report of a rule entitled sent, and referred as indicated: By Mr. NELSON (for himself and Mr. ‘‘Safety Zone; Shore (Belt) Parkway Bridge By Mr. ISAKSON: RUBIO): Construction, Mill Basin; Brooklyn, NY’’ S. 3406. A bill to amend the Child Care and S. 3418. A bill to provide for the restoration ((RIN1625–AA00) (Docket No. USCG–2014– Development Block Grant Act of 1990 to re- of legal rights for claimants under holo- 1044)) received in the Office of the President quire child care providers to provide to par- caust-era insurance policies; to the Com- of the Senate on September 21, 2016; to the ents information regarding whether such mittee on the Judiciary.

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A28SE6.020 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6226 CONGRESSIONAL RECORD — SENATE September 28, 2016 By Mr. BLUMENTHAL (for himself and Administrative, Professional, Outside Sales tain arrests of victims of human trafficking; Mr. MORAN): and Computer Employees’’ for a period of 2 to the Committee on the Judiciary. S. 3419. A bill to amend the Veterans’ Oral years in States in which the President has By Mr. BLUMENTHAL: History Project Act to allow the collection declared that a major disaster exists; to the S. 3442. A bill to amend the Terrorism Risk of video and audio recordings of biographical Committee on Health, Education, Labor, and Insurance Act of 2002 to provide for the re- histories by immediate family members of Pensions. lease of certain blocked assets, and for other members of the Armed Forces who died as a By Mr. HEINRICH (for himself, Mr. purposes; to the Committee on Banking, result of their service during a period of war, WYDEN, and Mr. UDALL): Housing, and Urban Affairs. and for other purposes; to the Committee on S. 3430. A bill to establish the Bureau of By Mr. PERDUE: Rules and Administration. Land Management Foundation to encourage, S. 3443. A bill to prohibit the United States By Ms. STABENOW: obtain, and use gifts, devises, and bequests Government from making cash payments to S. 3420. A bill to promote urban agricul- for projects for the benefit of, or in connec- state sponsors of terrorism, and for other tural production, and for other purposes; to tion with, activities and services of the Bu- purposes; to the Committee on Foreign Rela- the Committee on Agriculture, Nutrition, reau of Land Management, and for other pur- tions. and Forestry. poses; to the Committee on Energy and Nat- By Mr. KIRK: By Mr. BLUMENTHAL (for himself, ural Resources. S. 3444. A bill to clarify the hours of serv- Mr. MARKEY, Mrs. SHAHEEN, Mr. By Mrs. GILLIBRAND (for herself and ice requirements for education support pro- BROWN, and Ms. CANTWELL): Mr. SCHUMER): fessionals; to the Committee on Health, Edu- S. 3421. A bill to require air carriers to pro- S. 3431. A bill to coordinate and advance fi- cation, Labor, and Pensions. vide all flight attendants with scheduled rest brosis research activities at the National In- By Mr. BLUMENTHAL (for himself, periods of at least 10 consecutive hours be- stitutes of Health, and for other purposes; to Mrs. MURRAY, Mr. DURBIN, and Ms. tween duty periods and to comply with fa- the Committee on Health, Education, Labor, BALDWIN): tigue management plans for flight attend- and Pensions. S. 3445. A bill to amend title 38, United ants that have been approved by the Federal By Mr. DURBIN (for himself, Mr. States Code, to improve the enforcement of Aviation Administration; to the Committee COONS, Mr. LEAHY, Mr. BOOKER, and employment and reemployment rights of on Commerce, Science, and Transportation. Mr. FRANKEN): members of the uniformed services with re- By Mr. CARDIN: S. 3432. A bill to reform the use of solitary spect to States and private employers, and S. 3422. A bill to require non-Federal pris- confinement and other forms of restrictive for other purposes; to the Committee on Vet- on, correctional, and detention facilities housing in the Bureau of Prisons, and for erans’ Affairs. holding Federal prisoners or detainees under other purposes; to the Committee on the Ju- By Mr. FLAKE (for himself and Mr. a contract with the Federal Government to diciary. WICKER): make the same information available to the By Mrs. MURRAY: S. 3446. A bill to amend the Americans with Disabilities Act of 1990 regarding rem- public that Federal prisons and correctional S. 3433. A bill to coordinate, manage, and edies and procedures, and for other purposes; facilities are required to make available; to implement the Department of Labor’s eval- to the Committee on the Judiciary. the Committee on the Judiciary. uation and research programs, and for other By Mr. SULLIVAN (for himself and Ms. By Mr. BLUMENTHAL (for himself and purposes; to the Committee on Health, Edu- cation, Labor, and Pensions. BALDWIN): RNST): Mrs. E S. 3447. A bill to direct the Secretary of the S. 3423. A bill to provide for the issuance of By Mrs. SHAHEEN: Army to place in Arlington National Ceme- a ‘‘Gold Star Families Forever Stamp’’ to S. 3434. A bill to require the Secretary of tery a memorial honoring the helicopter pi- honor the sacrifices of families who have lost Veterans Affairs to improve the provision of services and benefits from the Department of lots and crew members of the Vietnam era, a loved one who was a member of the Armed Veterans Affairs for veterans who experience and for other purposes; to the Committee on Forces in combat; to the Committee on domestic violence or sexual assault, and for Veterans’ Affairs. Homeland Security and Governmental Af- other purposes; to the Committee on Vet- By Ms. AYOTTE: fairs. erans’ Affairs. S. 3448. A bill to provide for the creation of By Mr. WARNER: the Missing Armed Forces Personnel Records S. 3424. A bill to amend the Internal Rev- By Mr. ROBERTS (for himself, Mr. FRANKEN, Mr. BARRASSO, and Ms. Collection at the National Archives, to re- enue Code of 1986 to prevent the avoidance of quire the expeditious public transmission to tax by insurance companies through reinsur- HEITKAMP): S. 3435. A bill to amend title XVIII of the the Archivist and the public disclosure of ance with non-taxed affiliates; to the Com- Social Security Act to protect and preserve Missing Armed Forces Personnel records, mittee on Finance. access of Medicare beneficiaries in rural and for other purposes; to the Committee on By Mr. INHOFE: areas to health care providers under the Homeland Security and Governmental Af- S. 3425. A bill to amend the Internal Rev- Medicare program, and for other purposes; to fairs. enue Code of 1986 to permanently extend the the Committee on Finance. By Mr. KIRK (for himself, Mr. TILLIS, depreciation rules for property used pre- By Mr. RUBIO (for himself, Mr. FLAKE, Mr. CASSIDY, Mr. SESSIONS, Ms. dominantly within an Indian reservation, and Mr. MORAN): AYOTTE, and Mr. GRASSLEY): and for other purposes; to the Committee on S. 3436. A bill to prevent proposed regula- S. 3449. A bill to require the Secretary of Finance. tions relating to restrictions on liquidation Homeland Security to develop a program for By Mr. BOOKER (for himself and Mr. of an interest with respect to estate, gift, labeling cultural property of or le- MENENDEZ): and generation-skipping transfer taxes from gally entering the United States; to the S. 3426. A bill to provide nonprofit organi- taking effect; to the Committee on Finance. Committee on Finance. zations and local governments with the op- By Mr. HOEVEN (for himself and Ms. By Mr. BROWN: portunity to match a bid with respect to the HEITKAMP): S. 3450. A bill to amend the Internal Rev- sale of certain non-performing loans by the S. 3437. A bill to establish a procedure for enue Code of 1986 to include electric charging Government-sponsored enterprises and the the conveyance of certain Federal property of certain vehicle as a qualified transpor- Federal Housing Administration, and for around the Dickinson Reservoir in the State tation fringe benefit excluded from gross in- other purposes; to the Committee on Bank- of North Dakota; to the Committee on En- come; to the Committee on Finance. ing, Housing, and Urban Affairs. ergy and Natural Resources. By Mr. BROWN: By Mrs. BOXER (for herself and Mr. By Mr. HELLER: S. 3451. A bill to amend the Internal Rev- TESTER): S. 3438. A bill to authorize the Secretary of enue Code of 1986 to provide a refundable and S. 3427. A bill to amend the Toxic Sub- Veterans Affairs to carry out a major med- advanceable tax credit for individuals with stances Control Act to require the Adminis- ical facility project in Reno, Nevada; to the young children; to the Committee on Fi- trator of the Environmental Protection Committee on Veterans’ Affairs. nance. Agency to take action to eliminate human By Mr. PAUL: By Mrs. MCCASKILL (for herself and exposure to asbestos, and for other purposes; S. 3439. A bill to streamline the application Mr. MORAN): to the Committee on Environment and Pub- process for H–2A employers and for other S. 3452. A bill to authorize the United lic Works. purposes; to the Committee on the Judici- States Postal Service to carry out emer- By Mr. CORNYN: ary. gency suspensions of post offices in accord- S. 3428. A bill to amend the Internal Rev- By Mr. PORTMAN (for himself and Mr. ance with certain procedures, and for other enue Code of 1986 to ensure that new wind BENNET): purposes; to the Committee on Homeland Se- turbines located near certain military in- S. 3440. A bill to amend the Internal Rev- curity and Governmental Affairs. stallations are ineligible for the renewable enue Code of 1986 to provide uniform stand- By Mr. DAINES: electricity production credit and the energy ards for the use of electronic signatures for S. 3453. A bill to amend provisions in the credit; to the Committee on Finance. third-party disclosure authorizations; to the securities laws relating to regulation By Mr. VITTER: Committee on Finance. crowdfunding to raise the dollar amount S. 3429. A bill to delay the implementation By Mrs. GILLIBRAND (for herself and limit and to clarify certain requirements and of the overtime rule submitted by the De- Mr. PORTMAN): exclusions for funding portals established by partment of Labor entitled ‘‘Defining and S. 3441. A bill to provide for the vacating of such Act; to the Committee on Banking, Delimiting the Exemptions for Executive, certain convictions and expungement of cer- Housing, and Urban Affairs.

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A28SE6.024 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6227 By Mr. CARPER (for himself and Mr. Mr. DURBIN, Mrs. FEINSTEIN, Mr. as cosponsors of S. 386, a bill to limit ROBERTS): COCHRAN, and Mr. BOOZMAN): the authority of States to tax certain S. 3454. A bill to improve medication ad- S. Res. 588. A resolution recognizing the income of employees for employment herence; to the Committee on Finance. month of October 2016 as ‘‘National Prin- duties performed in other States. By Ms. KLOBUCHAR (for herself and cipals Month’’ ; considered and agreed to. Mr. LEE): By Mr. WICKER (for himself, Mr. COCH- S. 488 S. 3455. A bill to allow for the expedited ap- RAN, and Mr. GRAHAM): At the request of Mr. SCHUMER, the proval of generic prescription drugs and tem- S. Res. 589. A resolution honoring the 50th name of the Senator from Montana porary importation of prescription drugs in anniversary of Reformed Theological Semi- (Mr. TESTER) was added as a cosponsor the case of noncompetitive drug markets and nary; to the Committee on the Judiciary. of S. 488, a bill to amend title XVIII of drug shortages; to the Committee on Health, By Mrs. FEINSTEIN (for herself and the Social Security Act to allow physi- Education, Labor, and Pensions. Mrs. BOXER): By Mr. BOOKER (for himself, Mr. MUR- S. Con. Res. 52. A concurrent resolution cian assistants, nurse practitioners, PHY, and Mr. SCHATZ): honoring Vincent Edward ‘‘Vin’’ Scully, the and clinical nurse specialists to super- S. 3456. A bill to establish the Office for United States baseball broadcaster who has vise cardiac, intensive cardiac, and pul- Partnerships Against Violent Extremism of magnificently served as the play-by-play an- monary rehabilitation programs. the Department of Homeland Security, and nouncer for the Brooklyn and Los Angeles S. 609 for other purposes; to the Committee on Dodgers for 67 Major League Baseball sea- At the request of Mr. SCHUMER, the Homeland Security and Governmental Af- sons since 1950; to the Committee on the Ju- fairs. diciary. name of the Senator from Delaware By Mr. GARDNER (for himself and Mr. By Mr. COCHRAN: (Mr. COONS) was added as a cosponsor COONS): S. Con. Res. 53. A concurrent resolution di- of S. 609, a bill to amend the Internal S. 3457. A bill to establish Centers for recting the Clerk of the House of Representa- Revenue Code of 1986 to extend and in- Medicare & Medicaid Services SBIR or STTR tives to make a correction in the enrollment crease the exclusion for benefits pro- program grants which shall be known as of H.R. 5325; considered and agreed to. vided to volunteer firefighters and Medicare commercialization grants; to the By Mr. KIRK (for himself and Mr. emergency medical responders. Committee on Finance. BLUMENTHAL): By Mr. HEINRICH (for himself and Ms. S. Con. Res. 54. A concurrent resolution ex- S. 681 COLLINS): pressing the sense of Congress and reaffirm- At the request of Mrs. GILLIBRAND, S. 3458. A bill to establish programs to im- ing longstanding United States policy in sup- the name of the Senator from Nevada prove family economic security by breaking port of a direct bilaterally negotiated settle- (Mr. HELLER) was added as a cosponsor the cycle of multigenerational poverty, and ment of the Israeli-Palestinian conflict and of S. 681, a bill to amend title 38, for other purposes; to the Committee on opposition to United Nations Security Coun- Health, Education, Labor, and Pensions. United States Code, to clarify presump- cil resolutions imposing a solution to the tions relating to the exposure of cer- By Mr. HOEVEN (for himself, Mr. conflict; to the Committee on Foreign DAINES, Mr. WICKER, and Mr. MCCON- Relations. tain veterans who served in the vicin- NELL): ity of the Republic of Vietnam, and for f S. 3459. A bill to amend the Internal Rev- other purposes. enue Code of 1986 to enhance the require- ADDITIONAL COSPONSORS S. 746 ments for secure geological storage of carbon dioxide for purposes of the carbon dioxide se- S. 50 At the request of Mr. GRASSLEY, the questration credit; to the Committee on Fi- At the request of Mr. VITTER, the name of the Senator from New Mexico nance. name of the Senator from North Caro- (Mr. UDALL) was added as a cosponsor f lina (Mr. TILLIS) was added as a co- of S. 746, a bill to provide for the estab- sponsor of S. 50, a bill to amend the lishment of a Commission to Accel- SUBMISSION OF CONCURRENT AND Public Health Service Act to prohibit erate the End of Breast Cancer. SENATE RESOLUTIONS certain -related discrimination S. 1214 The following concurrent resolutions in governmental activities. At the request of Mr. MENENDEZ, the and Senate resolutions were read, and S. 71 name of the Senator from Illinois (Mr. referred (or acted upon), as indicated: At the request of Mr. VITTER, the DURBIN) was added as a cosponsor of S. By Mr. UDALL: name of the Senator from Texas (Mr. 1214, a bill to prevent human health S. Res. 583. A resolution amending the CRUZ) was added as a cosponsor of S. 71, threats posed by the consumption of Standing Rules of the Senate to ensure that a bill to preserve open competition and equines raised in the United States. the Senate votes on whether to confirm judi- cial nominees; to the Committee on Rules Federal Government neutrality to- S. 1400 and Administration. wards the labor relations of Federal At the request of Mr. DURBIN, the By Mr. CRUZ (for himself, Mr. RUBIO, Government contractors on Federal name of the Senator from Wisconsin and Mr. MENENDEZ): and federally funded construction (Ms. BALDWIN) was added as a cospon- S. Res. 584. A resolution acknowledging the projects. sor of S. 1400, a bill to amend the Small peaceful hunger strike of Guillermo ‘‘El S. 241 Business Act to direct the task force of Coco’’ Farinas, a political dissident in Cuba, applauding his bravery and commitment to At the request of Mr. TESTER, the the Office of Veterans Business Devel- human rights, and expressing solidarity with name of the Senator from Hawaii (Mr. opment to provide access to and man- him and his cause; to the Committee on For- SCHATZ) was added as a cosponsor of S. age the distribution of excess or sur- eign Relations. 241, a bill to amend title 38, United plus property to veteran-owned small By Mr. HOEVEN (for himself, Mr. ROB- States Code, to provide for the pay- businesses. ERTS, Ms. HEITKAMP, Mr. PETERS, and ment of temporary compensation to a S. 1677 Mr. TESTER): surviving spouse of a veteran upon the S. Res. 585. A resolution designating Octo- At the request of Mr. WHITEHOUSE, ber 26, 2016, as ‘‘Day of the Deployed’’ ; con- death of the veteran, and for other pur- his name was added as a cosponsor of sidered and agreed to. poses. S. 1677, a bill to amend the Internal By Ms. KLOBUCHAR (for herself and S. 370 Revenue Code of 1986 to reinstate es- Mr. FRANKEN): At the request of Mrs. FEINSTEIN, the tate and generation-skipping taxes, S. Res. 586. A resolution honoring the life name of the Senator from Michigan and for other purposes. of Jacob Wetterling and recognizing the ef- (Mr. PETERS) was added as a cosponsor forts of Jacob Wetterling’s family to find ab- S. 1714 ducted children and support the families of of S. 370, a bill to require breast den- At the request of Mr. MANCHIN, the those children; considered and agreed to. sity reporting to physicians and pa- name of the Senator from Alaska (Ms. By Mr. ISAKSON (for himself and Mr. tients by facilities that perform mam- MURKOWSKI) was added as a cosponsor BLUMENTHAL): mograms, and for other purposes. of S. 1714, a bill to amend the Surface S. Res. 587. A resolution permitting the S. 386 Mining Control and Reclamation Act of collection of clothing, toys, food, and At the request of Mr. THUNE, the 1977 to transfer certain funds to the housewares during the holiday season for charitable purposes in Senate buildings; con- names of the Senator from Hawaii (Ms. Multiemployer Health Benefit Plan sidered and agreed to. HIRONO), the Senator from Connecticut and the 1974 United Mine Workers of By Mr. FRANKEN (for himself, Mr. (Mr. BLUMENTHAL) and the Senator America Pension Plan, and for other CARPER, Mr. WYDEN, Mr. HEINRICH, from Nevada (Mr. HELLER) were added purposes.

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A28SE6.027 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6228 CONGRESSIONAL RECORD — SENATE September 28, 2016 S. 2031 GRASSLEY), the Senator from Mis- SCHATZ) was added as a cosponsor of S. At the request of Mr. BARRASSO, the sissippi (Mr. WICKER), the Senator from 3039, a bill to support programs for name of the Senator from Georgia (Mr. Colorado (Mr. BENNET) and the Senator mosquito-borne and other vector-borne ISAKSON) was added as a cosponsor of S. from North Dakota (Ms. HEITKAMP) disease surveillance and control. 2031, a bill to reduce temporarily the were added as cosponsors of S. 2680, a S. 3043 royalty required to be paid for sodium bill to amend the Public Health Serv- At the request of Ms. KLOBUCHAR, the produced on Federal lands, and for ice Act to provide comprehensive men- name of the Senator from Nevada (Mr. other purposes. tal health reform, and for other pur- HELLER) was added as a cosponsor of S. S. 2040 poses. 3043, a bill to direct the Secretary of At the request of Mr. SCHUMER, the At the request of Mrs. MURRAY, the Veterans Affairs to carry out a pilot name of the Senator from New Jersey name of the Senator from Wisconsin program establishing a patient self- (Mr. BOOKER) was added as a cosponsor (Ms. BALDWIN) was added as a cospon- scheduling appointment system, and of S. 2040, a bill to deter terrorism, pro- sor of S. 2680, supra. for other purposes. S. 2750 vide justice for victims, and for other S. 3095 At the request of Mr. THUNE, the purposes. At the request of Mr. BOOKER, the name of the Senator from New Hamp- S. 2176 names of the Senator from Ohio (Mr. At the request of Mr. DURBIN, the shire (Mrs. SHAHEEN) was added as a co- sponsor of S. 2750, a bill to amend the PORTMAN) and the Senator from Oregon name of the Senator from Rhode Island (Mr. MERKLEY) were added as cospon- (Mr. REED) was added as a cosponsor of Internal Revenue Code to extend and modify certain charitable tax provi- sors of S. 3095, a bill to prohibit sale of S. 2176, a bill to expand the use of open shark fins and for other purposes. textbooks in order to achieve savings sions. S. 3106 for students. S. 2851 At the request of Mr. THUNE, the At the request of Mr. REID, the name S. 2253 of the Senator from Hawaii (Ms. At the request of Mr. BLUMENTHAL, name of the Senator from Michigan (Mr. PETERS) was added as a cosponsor HIRONO) was added as a cosponsor of S. the names of the Senator from Nevada 3106, a bill to provide a coordinated re- (Mr. HELLER) and the Senator from of S. 2851, a bill to amend title 38, United States Code, to provide for an- gional response to effectively manage New York (Mr. SCHUMER) were added as the endemic violence and humani- cosponsors of S. 2253, a bill to amend nual cost-of-living adjustments to be made automatically by law each year tarian crisis in El Salvador, Guate- title 38, United States Code, to provide mala, and Honduras. veterans affected by closures of edu- in the rates of disability compensation cational institutions certain relief and for veterans with service-connected S. 3127 restoration of educational benefits, and disabilities and the rates of dependency At the request of Mr. HEINRICH, the for other purposes. and indemnity compensation for sur- name of the Senator from Colorado vivors of certain service-connected dis- (Mr. BENNET) was added as a cosponsor S. 2484 abled veterans, and for other purposes. of S. 3127, a bill to amend title 18, At the request of Mr. SCHATZ, the S. 2957 United States Code, to enhance protec- names of the Senator from Illinois (Mr. At the request of Mr. NELSON, the tions of Native American cultural ob- KIRK), the Senator from New York name of the Senator from Tennessee jects, and for other purposes. (Mrs. GILLIBRAND), the Senator from (Mr. ALEXANDER) was added as a co- Montana (Mr. DAINES) and the Senator S. 3142 sponsor of S. 2957, a bill to require the from Montana (Mr. TESTER) were added At the request of Ms. BALDWIN, the Secretary of the Treasury to mint com- as cosponsors of S. 2484, a bill to amend names of the Senator from Utah (Mr. memorative coins in recognition of the titles XVIII and XI of the Social Secu- HATCH), the Senator from Connecticut 50th anniversary of the first manned (Mr. BLUMENTHAL), the Senator from rity Act to promote cost savings and landing on the Moon. quality care under the Medicare pro- Massachusetts (Ms. WARREN), the Sen- S. 2962 gram through the use of telehealth and ator from Arizona (Mr. MCCAIN), the At the request of Ms. CANTWELL, the remote patient monitoring services, Senator from New York (Mr. SCHUMER) names of the Senator from Ohio (Mr. and for other purposes. and the Senator from Illinois (Mr. PORTMAN) and the Senator from S. 2506 KIRK) were added as cosponsors of S. Vermont (Mr. LEAHY) were added as co- 3142, a bill to require reporting on acts At the request of Mr. LEAHY, the sponsors of S. 2962, a bill to amend the name of the Senator from New Jersey of certain foreign countries on Holo- Internal Revenue Code of 1986 to re- caust era assets and related issues. (Mr. BOOKER) was added as a cosponsor form the low-income housing credit, S. 3164 of S. 2506, a bill to restore statutory and for other purposes. At the request of Mrs. SHAHEEN, the rights to the people of the United S. 2989 name of the Senator from New Jersey States from forced arbitration. At the request of Ms. MURKOWSKI, the (Mr. BOOKER) was added as a cosponsor S. 2595 name of the Senator from Maine (Ms. of S. 3164, a bill to provide protection At the request of Mr. CRAPO, the COLLINS) was added as a cosponsor of S. for survivors of domestic violence or name of the Senator from Ohio (Mr. 2989, a bill to award a Congressional sexual assault under the Fair Housing BROWN) was added as a cosponsor of S. Gold Medal, collectively, to the United 2595, a bill to amend the Internal Rev- States merchant mariners of World Act. enue Code of 1986 to permanently ex- War II, in recognition of their dedi- S. 3177 tend the railroad track maintenance cated and vital service during World At the request of Mr. HELLER, the credit. War II. names of the Senator from Georgia S. 2645 S. 3034 (Mr. PERDUE) and the Senator from At the request of Mrs. SHAHEEN, the At the request of Mr. CRUZ, the Colorado (Mr. BENNET) were added as names of the Senator from Ohio (Mr. names of the Senator from Kansas (Mr. cosponsors of S. 3177, a bill to amend PORTMAN) and the Senator from New MORAN) and the Senator from Georgia the Internal Revenue Code of 1986 to Jersey (Mr. BOOKER) were added as co- (Mr. ISAKSON) were added as cosponsors provide for the tax-exempt financing of sponsors of S. 2645, a bill to impose of S. 3034, a bill to prohibit the Na- certain government-owned buildings. sanctions with respect to foreign per- tional Telecommunications and Infor- S. 3179 sons responsible for gross violations of mation Administration from allowing At the request of Ms. HEITKAMP, the internationally recognized human the Internet Assigned Numbers Au- names of the Senator from Minnesota rights against lesbian, gay, bisexual, thority functions contract to lapse un- (Mr. FRANKEN) and the Senator from and transgender individuals, and for less specifically authorized to do so by Ohio (Mr. BROWN) were added as co- other purposes. an Act of Congress. sponsors of S. 3179, a bill to amend the S. 2680 S. 3039 Internal Revenue Code of 1986 to im- At the request of Mr. ALEXANDER, the At the request of Mr. KING, the name prove and extend the credit for carbon names of the Senator from Iowa (Mr. of the Senator from Hawaii (Mr. dioxide sequestration.

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A28SE6.029 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6229 S. 3183 cosponsors of S. 3288, a bill to amend 3392, a bill to amend title XVIII of the At the request of Mr. MORAN, the the Food Security Act of 1985 to ex- Social Security Act in order to im- name of the Senator from Virginia (Mr. empt certain recipients of Department prove the process whereby Medicare WARNER) was added as a cosponsor of S. of Agriculture conservation assistance Administrative Contractors issue local 3183, a bill to prohibit the circumven- from certain reporting requirements, coverage determinations under the tion of control measures used by Inter- and for other purposes. Medicare Program, and for other pur- net ticket sellers to ensure equitable S. 3292 poses. consumer access to tickets for any At the request of Mr. PORTMAN, the S. 3405 given event, and for other purposes. names of the Senator from Florida (Mr. At the request of Mr. DAINES, the S. 3198 RUBIO) and the Senator from Georgia names of the Senator from Iowa (Mr. At the request of Mr. HATCH, the (Mr. ISAKSON) were added as cosponsors GRASSLEY), the Senator from Nebraska names of the Senator from Nevada (Mr. of S. 3292, a bill to amend the Tariff (Mrs. FISCHER), the Senator from Alas- ka (Ms. MURKOWSKI), the Senator from HELLER), the Senator from Vermont Act of 1930 to make the Postmaster Utah (Mr. HATCH), the Senator from (Mr. SANDERS) and the Senator from General the importer of record for the Kansas (Mr. MORAN), the Senator from Vermont (Mr. LEAHY) were added as co- non-letter class mail and to require the Arkansas (Mr. COTTON) and the Senator sponsors of S. 3198, a bill to amend title provision of advance electronic infor- from Georgia (Mr. ISAKSON) were added 38, United States Code, to improve the mation about shipments of non-letter as cosponsors of S. 3405, a bill to trans- provision of adult day health care serv- class mail to U.S. Customs and Border fer certain items from the United ices for veterans. Protection, and for other purposes. States Munitions List to the Com- S. 3227 S. 3304 merce Control List. At the request of Mr. ISAKSON, the At the request of Mr. THUNE, the S. CON. RES. 51 name of the Senator from Delaware names of the Senator from Utah (Mr. At the request of Mr. GRASSLEY, the (Mr. COONS) was added as a cosponsor HATCH), the Senator from Wisconsin name of the Senator from Montana of S. 3227, a bill to direct the President (Mr. JOHNSON), the Senator from Texas (Mr. TESTER) was added as a cosponsor to establish an interagency mechanism (Mr. CORNYN) and the Senator from of S. Con. Res. 51, a concurrent resolu- to coordinate United States develop- Michigan (Mr. PETERS) were added as tion expressing the sense of Congress ment programs and private sector in- cosponsors of S. 3304, a bill to direct that those who served in the bays, har- vestment activities, and for other pur- the Secretary of Veterans Affairs to bors, and territorial seas of the Repub- poses. improve the Veterans Crisis Line. lic of Vietnam during the period begin- S. 3256 S. 3308 ning on January 9, 1962, and ending on At the request of Mr. DURBIN, the At the request of Mrs. CAPITO, the May 7, 1975, should be presumed to name of the Senator from Minnesota name of the Senator from North Da- have been exposed to the toxin Agent (Ms. KLOBUCHAR) was added as a co- kota (Ms. HEITKAMP) was added as a co- Orange and should be eligible for all re- sponsor of S. 3256, a bill to amend the sponsor of S. 3308, a bill to amend title lated Federal benefits that come with Foreign Assistance Act of 1961 to pro- XVIII of the Social Security Act to such presumption under the Agent Or- vide assistance for developing coun- prohibit prescription drug plan spon- ange Act of 1991. tries to promote quality basic edu- sors and MA–PD organizations under S. RES. 536 cation and to establish the goal of all the Medicare program from retro- At the request of Mr. CARPER, the children in school and learning as an actively reducing payment on clean name of the Senator from Delaware objective of the United States foreign claims submitted by pharmacies. (Mr. COONS) was added as a cosponsor of S. Res. 536, a resolution proclaiming assistance policy, and for other pur- S. 3311 poses. the week of October 30 through Novem- At the request of Mr. SASSE, the ber 5, 2016, as ‘‘National Obesity Care S. 3269 name of the Senator from Wyoming Week’’. At the request of Mrs. FEINSTEIN, the (Mr. BARRASSO) was added as a cospon- S. RES. 570 name of the Senator from Iowa (Mrs. sor of S. 3311, a bill to amend the Inter- At the request of Mr. MURPHY, the ERNST) was added as a cosponsor of S. nal Revenue Code of 1986 to exempt in- name of the Senator from Minnesota 3269, a bill to require the Attorney dividuals whose health plans under the (Mr. FRANKEN) was added as a cospon- General to make a determination as to Consumer Operated and Oriented Plan sor of S. Res. 570, a resolution recog- whether cannabidiol should be a con- program have been terminated from nizing the importance of substance trolled substance and listed in a sched- the individual mandate penalty. abuse disorder treatment and recovery ule under the Controlled Substances S. 3355 in the United States. Act and to expand research on the po- At the request of Mr. COTTON, the S. RES. 581 tential medical benefits of cannabidiol name of the Senator from Louisiana At the request of Mr. BLUMENTHAL, and other marijuana components. (Mr. VITTER) was added as a cosponsor the name of the Senator from Florida S. 3281 of S. 3355, a bill to prohibit funding for (Mr. NELSON) was added as a cosponsor At the request of Mr. REID, the name the Preparatory Commission for the of S. Res. 581, a resolution prohibiting of the Senator from Michigan (Mr. Comprehensive Nuclear-Test-Ban Trea- the Senate from adjourning, recessing, PETERS) was added as a cosponsor of S. ty Organization in the event the or convening in a pro forma session un- 3281, a bill to extend the Iran Sanctions United Nations Security Council less the Senate has provided a hearing Act of 1996. adopts a resolution that obligates the and a vote on the pending nomination S. 3284 United States or affirms a purported to the position of justice of the Su- At the request of Mr. CRUZ, the name obligation of the United States to re- preme Court of the United States. of the Senator from Florida (Mr. frain from actions that would run f counter to the object and purpose of RUBIO) was added as a cosponsor of S. STATEMENTS ON INTRODUCED the Comprehensive Nuclear-Test-Ban 3284, a bill to oppose loans at inter- BILLS AND JOINT RESOLUTIONS national financial institutions for the Treaty. By Mr. CORNYN: Government of Nicaragua unless the S. 3391 S. 3428. A bill to amend the Internal Government of Nicaragua is taking ef- At the request of Mr. REED, the name Revenue Code of 1986 to ensure that fective steps to hold free, fair, and of the Senator from Michigan (Mr. new wind turbines located near certain transparent elections, and for other PETERS) was added as a cosponsor of S. military installations are ineligible for purposes. 3391, a bill to reauthorize the Museum the renewable electricity production S. 3288 and Library Services Act. credit and the energy credit; to the At the request of Ms. KLOBUCHAR, the S. 3392 Committee on Finance. names of the Senator from Colorado At the request of Mr. ISAKSON, the Mr. CORNYN. Mr. President, I ask (Mr. BENNET) and the Senator from name of the Senator from Illinois (Mr. unanimous consent that the text of the Colorado (Mr. GARDNER) were added as KIRK) was added as a cosponsor of S. bill be printed in the RECORD.

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A28SE6.031 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6230 CONGRESSIONAL RECORD — SENATE September 28, 2016 There being no objection, the mate- If prolonged isolation is—as research and nity policing, crime prevention, and rial was ordered to be printed in the experience have confirmed for decades—so drug treatment. RECORD, as follows: objectively horrifying, so intrinsically cruel, We also discussed the significant pub- how did we end up with a prison system that S. 3428 lic safety consequences of widespread may subject more of our own citizens to it solitary confinement. Some people Be it enacted by the Senate and House of Rep- than any other country in history has? resentatives of the United States of America in might ask, ‘‘What happens in our pris- Congress assembled, At the time, I was serving as Chair- ons doesn’t affect me, so why should I SECTION 1. SHORT TITLE. man of the Senate Judiciary Sub- care?’’ But consider this—the vast ma- This Act may be cited as the ‘‘Protection committee on the Constitution, Civil jority of inmates held in segregation of Military Airfields from Wind Turbine En- Rights, and Human Rights, and I de- will be released into our communities croachment Act’’. cided to hold a hearing on solitary con- someday. So if solitary confinement SEC. 2. NEW WIND TURBINES LOCATED NEAR finement—the first-ever congressional CERTAIN MILITARY INSTALLATIONS. destabilizes prisoners and makes them (a) IN GENERAL.—Paragraph (1) of section hearing on the topic. It turned out to more likely to engage in violence or 45(d) of the Internal Revenue Code of 1986 is be a hearing that I will never forget. other criminal conduct, then that af- amended by striking ‘‘Such term’’ and all One of our witnesses at the hearing fects all of us. that follows through the period and inserting was Anthony Graves. I will never for- Two years after my first hearing, I the following: ‘‘Such term shall not in- get Mr. Graves’ testimony. He spent 18 held a follow-up hearing. At that hear- clude— years in prison, including 16 years in ing, we heard from Damon Thibodeaux, ‘‘(A) any facility with respect to which any solitary confinement. In 2010, he be- qualified small wind energy property expend- who spent 15 years in solitary confine- iture (as defined in subsection (d)(4) of sec- came the 12th death row inmate to be ment at the Louisiana State Peniten- tion 25D) is taken into account in deter- exonerated in Texas. Think about tiary before he was exonerated in 2012. mining the credit under such section, or that—Mr. Graves spent 16 years in soli- Mr. Thibodeaux testified: ‘‘(B) any facility which is originally placed tary for a crime he didn’t commit. At I do not condone what those who have in service after the date of the enactment of the hearing, Mr. Graves testified about killed and committed other serious offenses the Protection of Military Airfields from his experience, and here is what he have done. But I also don’t condone what we Wind Turbine Encroachment Act and is lo- said: do to them, when we put them in solitary for cated within a 30-mile radius of— I lived under some of the worst conditions years on end and treat them as sub-human. ‘‘(i) an airfield or airbase under the juris- We are better than that. As a civilized soci- diction of a military department which is in imaginable with the filth, the food, the total disrespect of human dignity. I lived under ety, we should be better than that. active use, or Mr. Thibodeaux was right. We should ‘‘(ii) an air traffic control radar site, the rules of a system that is literally driving weather radar site, or aircraft navigation aid men out of their minds. be better than that. Thankfully, our which is— He went on to say: society is beginning to recognize that ‘‘(I) owned or operated by the Department Solitary confinement does one thing, it the widespread use of solitary confine- of Defense, and breaks a man’s will to live and he ends up de- ment in our prison system must ‘‘(II) a permanent land-based structure at a teriorating. He’s never the same person change. fixed location.’’. again. . . . I have been free for almost two In 2014, Supreme Court Justice An- (b) QUALIFIED SMALL WIND ENERGY PROP- years and I still cry at night, because no one thony Kennedy testified to Congress ERTY.—Paragraph (4) of section 48(c) of the out here can relate to what I have gone Internal Revenue Code of 1986 is amended— that, quote, ‘‘solitary confinement lit- through. I battle with feelings of loneliness. erally drives men mad.’’ Last year, (1) by redesignating subparagraph (C) as I’ve tried therapy but it didn’t work. The subparagraph (D), and Justice Kennedy again brought up the therapist was crying more than me. She issue in a powerful concurring opinion. (2) by inserting after subparagraph (B) the couldn’t believe that our system was putting following: men through this sort of inhumane treat- He wrote, quote, ‘‘research still con- ‘‘(C) EXCEPTION.—The term ‘qualifying ment. firms what this Court suggested over a small wind energy property’ shall not in- I think that sentiment echoed century ago: Years on end of near-total clude any property which is originally placed isolation exacts a terrible price.’’ He in service after the date of the enactment of through the minds of everyone in the went on to note that, quote, ‘‘the judi- the Protection of Military Airfields from hearing room as Mr. Graves gave his Wind Turbine Encroachment Act and is lo- testimony. We couldn’t believe that ciary may be required . . . to deter- cated within a 30-mile radius of any property our system was putting inmates mine whether workable alternative described in clause (i) or (ii) of section through this sort of inhumane treat- systems for long-term confinement 45(d)(1)(B).’’. ment. exist, and, if so, whether a correctional (c) EFFECTIVE DATE.—The amendments system should be required to adopt made by this section shall apply to property Mr. Graves’ story shed light on the damaging impact of holding tens of them.’’ placed in service after the date of the enact- Pope Francis has also criticized soli- ment of this Act. thousands of men, women, and children tary confinement. In a 2014 speech at in small windowless cells 23 hours a the Vatican, he referred to the practice By Mr. DURBIN (for himself, Mr. day—for weeks, months, years—with of extreme isolation as ‘‘torture’’ and COONS, Mr. LEAHY, Mr. BOOKER, very little, if any, contact with the ‘‘a genuine surplus of pain added to the and Mr. FRANKEN): outside world. Clearly, such extreme actual suffering of imprisonment.’’ He S. 3432. A bill to reform the use of isolation can have serious psycho- solitary confinement and other forms went on to say: logical effects on inmates. of restrictive housing in the Bureau of The lack of sensory stimuli, the total im- At the hearing, we also examined the Prisons, and for other purposes; to the possibility of communication and the lack of serious fiscal impact of solitary con- Committee on the Judiciary. contact with other human beings induce Mr. DURBIN. Mr. President, I come finement. We learned that in a federal mental and physical suffering such as para- to the floor today to introduce the Sol- high security facility, the cost of hous- noia, anxiety, depression, weight loss, and itary Confinement Reform Act, a bill ing an inmate in segregation is about significantly increase the suicidal tendency. that would make significant reforms to 1.3 times the cost of housing an inmate I still don’t fully understand how our the use of solitary confinement in fed- in a general population unit. At the society reached a point at which the eral prisons and encourage states to Federal supermax prison in Florence, overuse of solitary confinement be- implement similar reforms. Before I CO, the cost of housing an inmate in came acceptable, or normal. But I discuss what this legislation would do, segregation is more than 2.5 times the know that we need to do something let me explain why I am introducing it. cost of housing an inmate in the gen- about it. Several years ago, I read an article in eral population. Is this a wise use of In light of the mounting evidence of magazine entitled taxpayer dollars when the money we the harmful, even dangerous, impacts ‘‘Hellhole.’’ This article was written by spend on our Federal prisons already of solitary confinement, states around Dr. Atul Gawande, a medical doctor consumes one quarter of the Depart- the country have led the way in reas- who examined the human impact of ment of Justice’s budget every year? sessing the practice. Take Colorado, for long-term solitary confinement in So every dollar that we spend holding a example, which has implemented a American prisons. In this article, Dr. prisoner in solitary confinement is a number of critical reforms. Colorado Gawande asked: dollar that we don’t spend on commu- no longer releases offenders directly

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A28SE6.033 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6231 from solitary to the community and no Our bill also improves the conditions SECTION 1. SHORT TITLE. longer places inmates with serious of confinement for prisoners in solitary This Act may be cited as the ‘‘Solitary mental illness in solitary. Have these and establishes firm time limits on Confinement Reform Act’’. reforms made Colorado’s prisons less segregation, in order to combat long- SEC. 2. SOLITARY CONFINEMENT REFORMS. (a) AMENDMENT.—Chapter 303 of title 18, safe? No, in fact since Colorado term isolation. However, we recognize United States Code, is amended by adding at changed its solitary confinement prac- that some extremely dangerous in- the end the following: tices, inmate-on-staff assaults are at mates require long-term separation ‘‘§ 4050. Solitary confinement their lowest levels since 2006, incidents from the general population. That’s ‘‘(a) DEFINITIONS.—In this section: of self-harm have decreased, and most why our bill ensures that BOP can con- ‘‘(1) ADMINISTRATIVE MAXIMUM FACILITY.— inmates released from solitary are not tinue to separate those inmates who The term ‘administrative maximum facility’ returning. pose the greatest risk to other in- means a maximum-security facility, includ- Progress has been made at the Fed- mates, staff, and the general public. ing the Administrative Maximum facility in eral level as well. After my 2014 hear- Among the most important provi- Florence, Colorado, designed to house in- mates who present an ongoing significant ing I called for an end to solitary con- sions in our bill are the strict limits on the use of solitary confinement for in- and serious threat to other inmates, staff, finement for juveniles, pregnant and the public. women, and inmates with serious men- mates nearing their release date, in- ‘‘(2) ADMINISTRATIVE SEGREGATION.—The tal illness in our federal prisons. I also mates in protective custody, LGBT in- term ‘administrative segregation’ means a asked the Federal Bureau of Prisons to mates, and inmates who are minors, non-punitive form of solitary confinement submit for the first time to an outside have a serious mental illness, have an that removes an individual from the general independent assessment of its solitary intellectual or physical disability, or population of a correctional facility for— confinement practices. The assess- are pregnant or in the first eight weeks ‘‘(A) investigative, protective, or preventa- tive reasons resulting in a substantial and ment, released last year, noted that of postpartum recovery after birth. For inmates who are placed in seg- immediate threat; or some improvements have been made ‘‘(B) transitional reasons, including a pend- since the hearing, most importantly in regated housing, our bill improves ac- ing transfer, pending classification, or other the declining number of inmates in sol- cess to mental health care and ensures temporary administrative matter. itary confinement. The assessment also that a robust review process is in place. ‘‘(3) APPROPRIATE LEVEL OF CARE.—The made a number of recommendations Additionally, our bill increases trans- term ‘appropriate level of care’ means the for additional reforms, such as improv- parency and accountability by requir- appropriate treatment setting for mental ing the Attorney General to establish a health care that an inmate with mental ill- ing mental health care for inmates in ness requires, which may include outpatient segregation and establishing alter- Civil Rights Ombudsman within the Bureau of Prisons to review inmate care, emergency or crisis services, day treat- natives to segregation for inmates in ment, supported residential housing, infir- protective custody. BOP began taking complaints, and directing BOP to sub- mary care, or inpatient psychiatric hos- steps to address these issues following mit an annual assessment to Congress pitalization services. the release of the assessment. detailing their solitary confinement ‘‘(4) DIRECTOR.—The term ‘Director’ means Last year, building upon this inde- policies, regulations, and data. Finally, the Director of the Bureau of Prisons. pendent assessment, the Department of our bill establishes a National Re- ‘‘(5) DISCIPLINARY HEARING OFFICER.—The source Center on Solitary Confinement term ‘disciplinary hearing officer’ means an Justice undertook a review of the Bu- employee of the Bureau of Prisons who is re- reau of Prisons’ use of solitary confine- Reform that would provide vital re- sources to state and local jurisdictions sponsible for conducting disciplinary hear- ment. This January, President Obama ings for which solitary confinement may be announced that he had accepted a num- as corrections systems around the a sanction, as described in section 541.8 of ber of DOJ’s recommendations to re- country pursue reductions in solitary title 28, Code of Federal Regulations, or any form and reduce the practice of soli- confinement. successor thereto. I want to thank Senator COONS for tary confinement in the Federal prison ‘‘(6) DISCIPLINARY SEGREGATION.—The term working with me on this legislation, ‘disciplinary segregation’ means a punitive system—including implementing the and Senators BOOKER, LEAHY, and form of solitary confinement imposed only ban on juvenile solitary confinement FRANKEN for joining as original cospon- by a Disciplinary Hearing Officer as a sanc- that I called for in 2014. sors of the bill. tion for committing a significant and serious I welcome the reforms that the Presi- I also want to thank the ACLU, The disciplinary infraction. ‘‘(7) INTELLECTUAL DISABILITY.—The term dent announced, and I am glad to see Leadership Conference on Civil and that the Bureau of Prisons is making ‘intellectual disability’ means a significant Human Rights, Human Rights Watch, mental impairment characterized by signifi- some progress in implementing these Just Detention International, Cam- reforms. However, our Federal prison cant limitations in both intellectual func- paign for Youth Justice, Center for tioning and in adaptive behavior. system is still housing more than 10,000 Children’s Law and Policy, Human ‘‘(8) MULTIDISCIPLINARY STAFF COM- inmates in segregation as I speak. The Rights Campaign, National Alliance on MITTEE.—The term ‘multidisciplinary staff number of inmates in solitary confine- Mental Illness, National Religious committee’ means a committee— ment since my first hearing has de- Campaign Against Torture, Bend the ‘‘(A) made up of staff at the facility where creased from about 13,600 to about an inmate resides who are responsible for re- Arc Jewish Action, Interfaith Action viewing the initial placement of the inmate 10,400. But the number of total Federal for Human Rights, T’ruah: The Rab- prisoners has also dropped significantly in solitary confinement and any extensions binic Call for Human Rights, and Wash- of time in solitary confinement; and since 2012. So the percentage of Federal ington Lawyers’ Committee for Civil ‘‘(B) which shall include— prisoners in solitary has only gone Rights and Urban Affairs for endorsing ‘‘(i) not less than 1 licensed mental health down from 7.8 percent to 6.7 percent. the Solitary Confinement Reform Act. professional; Clearly, there is much more work to be This legislation is one of many steps ‘‘(ii) not less than 1 medical professional; done. we should take to reform our criminal and That is why Senator COONS and I are justice system and make our country ‘‘(iii) not less than 1 member of the leader- ship of the facility. joining together to introduce the Soli- safer, more just, and more fiscally re- tary Confinement Reform Act. This ‘‘(9) ONGOING SIGNIFICANT AND SERIOUS sponsible. I urge my colleagues to sup- THREAT.—The term ‘ongoing significant and legislation will build on the Justice De- port the Solitary Confinement Reform serious threat’ means an ongoing set of cir- partment’s recommendations to fur- Act. cumstances that require the highest level of ther reform and reduce the use of soli- Mr. President, I ask unanimous con- security and staff supervision for an inmate tary confinement in Federal prisons. sent that the text of the bill be printed who, by the behavior of the inmate— Our bill ensures that inmates are in the RECORD. ‘‘(A) has been identified as assaultive, only placed in solitary confinement There being no objection, the text of predacious, riotous, or a serious escape risk; and when absolutely necessary—such as to the bill was ordered to be printed in control a substantial and immediate ‘‘(B) poses a great risk to other inmates, the RECORD, as follows: staff, and the public. threat to the safety of other inmates or S. 3432 ‘‘(10) PROTECTION CASE.—The term ‘protec- corrections staff, or to punish an in- Be it enacted by the Senate and House of Rep- tion case’ means an inmate who, by the re- mate for a significant and serious dis- resentatives of the United States of America in quest of the inmate or through a staff deter- ciplinary violation. Congress assembled, mination, requires protection, as described

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.039 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6232 CONGRESSIONAL RECORD — SENATE September 28, 2016 by section 541.23(c)(3) of title 28, Code of Fed- immediate action in order to combat a cilities as close to their homes as prac- eral Regulations, or any successor thereto. threat to the safety of an inmate, other in- ticable; and ‘‘(11) SERIOUS MENTAL ILLNESS.—The term mates, staff, or the public. ‘‘(D) may not place an inmate who is con- ‘serious mental illness’ means a substantial ‘‘(b) USE OF SOLITARY CONFINEMENT.— sidered to be a protection case in solitary disorder of thought or mood that signifi- ‘‘(1) IN GENERAL.—The placement of a Fed- confinement due to the status of the inmate cantly impairs judgment, behavior, capacity eral inmate in solitary confinement within as a protection case unless— to recognize reality, or ability to cope with the Bureau of Prisons or any facility that ‘‘(i) the inmate requests to be placed in sol- the ordinary demands of life. contracts with the Bureau of Prisons to pro- itary confinement, in which case, at the re- ‘‘(12) SIGNIFICANT AND SERIOUS DISCIPLINARY vide housing for inmates in Federal custody quest of the inmate the inmate shall be INFRACTION.—The term ‘significant and seri- shall be limited to situations in which such transferred to a general population protec- ous disciplinary infraction’ means— confinement— tive custody unit or, if appropriate, a dif- ‘‘(A) an act of violence that either— ‘‘(A) is limited to the briefest term and the ferent general population unit; or ‘‘(i) resulted in or was likely to result in least restrictive conditions practicable, in- ‘‘(ii) such confinement is limited to— serious injury or death to another; or cluding not less than 4 hours of out-of-cell ‘‘(I) not more than 5 days of administrative time every day, unless the inmate poses a ‘‘(ii) occurred in connection with any act segregation; and substantial and immediate threat; of non-consensual sex; or ‘‘(II) is necessary to protect the inmate ‘‘(B) is consistent with the rationale for ‘‘(B) an escape, attempted escape, or con- during preparation for transfer to a general placement and with the progress achieved by spiracy to escape from within a security pe- population protective custody unit or a dif- rimeter or custody, or both; or the inmate; ferent general population unit. ‘‘(C) possession of weapons, possession of ‘‘(C) allows the inmate to participate in ‘‘(4) VULNERABLE POPULATIONS.—The Bu- illegal narcotics with intent to distribute, or meaningful programming opportunities and reau of Prisons or any facility that contracts other similar, severe threats to the safety of privileges as consistent with those available with the Bureau of Prisons shall not place an the inmate, other inmates, staff, or the pub- in the general population as practicable, ei- inmate in solitary confinement if— lic. ther individually or in a classroom setting; ‘‘(A) the inmate is younger than 18 years of ‘‘(13) SOLITARY CONFINEMENT.—The term ‘‘(D) allows the inmate to have as much ‘solitary confinement’ means confinement meaningful interaction with others, such as age, unless— characterized by substantial isolation in a other inmates, visitors, clergy, or licensed ‘‘(i) such confinement is a temporary re- cell, alone or with other inmates, including mental health professionals, as practicable; sponse to the behavior of the inmate, which administrative segregation, disciplinary seg- and poses a substantial and immediate threat; regation, and confinement in any facility ‘‘(E) complies with the provisions of this ‘‘(ii) all other options to de-escalate the designated by the Bureau of Prisons as a spe- section. situation have been exhausted, including less cial housing unit, special management unit, ‘‘(2) TRANSITIONAL PROCESS FOR INMATES IN restrictive techniques such as— or administrative maximum facility. SOLITARY CONFINEMENT.— ‘‘(I) penalizing the inmate through loss of ‘‘(14) SPECIAL ADMINISTRATIVE MEASURES.— ‘‘(A) INMATES WITH UPCOMING RELEASE privileges; The term ‘special administrative measures’ DATES.—The Director shall establish— ‘‘(II) speaking with the inmate in an at- means reasonably necessary measures used ‘‘(i) policies to ensure that an inmate with tempt to de-escalate the situation; and to— an anticipated release date of 180 days or less ‘‘(III) a licensed mental health professional ‘‘(A) prevent disclosure of classified infor- is not housed in solitary confinement, un- providing an appropriate level of care; mation upon written certification to the At- less— ‘‘(iii) such confinement is limited to— torney General by the head of an element of ‘‘(I) such confinement is limited to not ‘‘(I) 3 hours after the inmate is placed in the intelligence community (as specified or more than 5 days of administrative segrega- solitary confinement, if the inmate poses a designated under section 3(4) of the National tion relating to the upcoming release of the substantial and immediate threat to others; Security act of 1947 (50 U.S.C. 3003(4))) that inmate; or or the unauthorized disclosure of such informa- ‘‘(II) the inmate poses a substantial and ‘‘(II) 30 minutes after the inmate is placed tion would pose a threat to the national se- immediate threat; and in solitary confinement, if the inmate poses curity and that there is a danger that the in- ‘‘(ii) a transitional process for each inmate a substantial and immediate threat only to mate will disclose such information, as de- with an anticipated release date of 180 days himself or herself; and scribed by section 501.2 of title 28, Code of or less who is held in solitary confinement ‘‘(iv) if, after the applicable maximum pe- Federal Regulations, or any successor there- under clause (i)(II), which shall include— riod of confinement under subclause (I) or to; or ‘‘(I) substantial re-socialization program- (II) of clause (iii) has expired, the inmate ‘‘(B) protect persons against the risk of ming in a group setting; continues to pose a substantial and imme- death or serious bodily injury, upon written ‘‘(II) regular mental health counseling to diate threat described in that subclause— notification to the Director by the Attorney assist with the transition; and ‘‘(I) the inmate shall be transferred to an- General or, at the Attorney General’s direc- ‘‘(III) re-entry planning services offered to other facility or internal location where tion, by the head of a Federal law enforce- inmates in a general population setting. services can be provided to the inmate with- ment agency, or the head of an element of ‘‘(B) INMATES IN LONG-TERM SOLITARY CON- out relying on solitary confinement; or the intelligence community (as specified or FINEMENT.—The Director shall establish a ‘‘(II) if a qualified mental health profes- designated under section 3(4) of the National transitional process for each inmate who has sional believes the level of crisis service Security act of 1947 (50 U.S.C. 3003(4))), that been held in solitary confinement for more needed is not currently available, a staff there is a substantial risk that the commu- than 30 days and who will transition into a member of the facility shall initiate a refer- nications of an inmate or contacts by the in- general population unit, which shall in- ral to a location that can meet the needs of mate with other persons could result in clude— the inmate; death or serious bodily injury to persons, or ‘‘(i) substantial re-socialization program- ‘‘(B) the inmate has a serious mental ill- substantial damage to property that would ming in a group setting; and ness, has an intellectual disability, has a entail the risk of death or serious bodily in- ‘‘(ii) regular mental health counseling to physical disability that a licensed medical jury to persons, as described by section 501.3 assist with the transition. professional finds is likely to be exacerbated of title 28, Code of Federal Regulations, or ‘‘(3) PROTECTIVE CUSTODY UNITS.—The Di- by placement in solitary confinement, is any successor thereto. rector— pregnant or in the first 8 weeks of the post- ‘‘(15) SPECIAL HOUSING UNIT.—The term ‘‘(A) shall establish within the Federal partum recovery period after giving birth, or ‘special housing unit’ means a housing unit prison system additional general population has been determined by a licensed mental in an institution of the Bureau of Prisons in protective custody units that provide shel- health professional to likely be significantly which inmates are securely separated from tered general population housing to protect adversely affected by placement in solitary the general inmate population for discipli- inmates from harm that they may otherwise confinement, unless— nary or administrative reasons, as described be exposed to in a typical general population ‘‘(i) the inmate poses a substantial and im- in section 541.21 of title 28, Code of Federal housing unit; mediate threat; Regulations, or any successor thereto. ‘‘(B) shall establish policies to ensure that ‘‘(ii) all other options to de-escalate the ‘‘(16) SPECIAL MANAGEMENT UNIT.—The an inmate who is considered a protection situation have been exhausted, including less term ‘special management unit’ means a case shall, upon request of the inmate, be restrictive techniques such as— non-punitive housing program with multiple, placed in a general population protective ‘‘(I) penalizing the inmate through loss of step-down phases for inmates whose history, custody unit; privileges; behavior, or situation requires enhanced ‘‘(C) shall create an adequate number of ‘‘(II) speaking with the inmate in an at- management approaches in order to ensure general population protective custody units tempt to de-escalate the situation; and the safety of other inmates, the staff, and to— ‘‘(III) a licensed mental health professional the public. ‘‘(i) accommodate the requests of inmates providing an appropriate level of care; ‘‘(17) SUBSTANTIAL AND IMMEDIATE who are considered to be protection cases; ‘‘(iii) such confinement is limited to the THREAT.—The term ‘substantial and imme- and briefest term and the least restrictive condi- diate threat’ means any set of temporary ‘‘(ii) ensure that inmates who are consid- tions practicable, including access to med- and unforeseen circumstances that require ered to be protection cases are placed in fa- ical and mental health treatment;

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A28SE6.035 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6233 ‘‘(iv) such confinement is reviewed by a ‘‘(E) ensure that an inmate may be re- ‘‘(III) whether any exception under para- multidisciplinary staff committee for appro- leased from disciplinary segregation for good graph (2)(A), (3)(D), (4)(A), (4)(B), (4)(C), priateness every 24 hours; and behavior before completing the term of the (5)(A), or (5)(B) used to justify placement in ‘‘(v) as soon as practicable, but not later inmate, unless the inmate poses a substan- solitary confinement or under paragraph (1) than 5 days after such confinement begins, tial and immediate threat to the safety of used to justify increased restrictive condi- the inmate is diverted, upon release from other inmates, staff, or the public. tions in solitary confinement was and re- solitary confinement, to— ‘‘(6) SPECIAL MANAGEMENT UNITS.—The Di- mains warranted; ‘‘(I) a general population unit; rector shall— ‘‘(C) a process to appeal the initial place- ‘‘(II) a protective custody unit described in ‘‘(A) limit segregation in a special manage- ment or continued placement of the inmate paragraph (3); or ment unit to situations in which such seg- in solitary confinement; ‘‘(III) a mental health treatment program regation is necessary to temporarily house ‘‘(D) prompt and timely written notice of as described in subsection (c)(2); or an inmate whose history, behavior, or cir- the appeal procedures; and ‘‘(C) the inmate is lesbian, gay, bisexual, cumstances require enhanced management ‘‘(E) copies of all documents, files, and transgender (as defined in section 115.5 of approaches that cannot be addressed through records relating to the inmate’s placement title 28, Code of Federal Regulations, or any alternative housing; in solitary confinement, unless such docu- successor thereto), intersex (as defined in ‘‘(B) evaluate whether further reductions ments contain contraband, classified infor- section 115.5 of title 28, Code of Federal Reg- to the minimum and maximum number of mation, or sensitive security-related infor- ulations, or any successor thereto), or gender months an inmate may spend in a special mation. ‘‘(c) MENTAL HEALTH CARE FOR INMATES IN nonconforming (as defined in section 115.5 of management unit are appropriate on an an- SOLITARY CONFINEMENT.— title 28, Code of Federal Regulations, or any nual basis; ‘‘(1) MENTAL HEALTH SCREENING.—Not later successor thereto), when such placement is ‘‘(C) ensure that each inmate understands than 6 hours after an inmate in the custody solely on the basis of such identification or the status of the inmate in the special man- of the Bureau of Prisons or any facility that status. agement unit program and how the inmate contracts with the Bureau of Prisons to pro- ‘‘(5) SPECIAL HOUSING UNITS.—The Director may progress through the program; and vide housing for inmates in Federal custody shall— ‘‘(D) further reduce the minimum and max- is placed in solitary confinement, the inmate ‘‘(A) limit administrative segregation— imum number of months an inmate may shall receive a comprehensive, face-to-face ‘‘(i) to situations in which such segrega- spend in a special management unit if the mental health evaluation by a licensed men- tion is necessary to— Director determines such reductions are ap- tal health professional in a confidential set- ‘‘(I) control a substantial and immediate propriate after evaluations are performed ting. threat that cannot be addressed through al- under subparagraph (B). ‘‘(2) MENTAL HEALTH TREATMENT PRO- ternative housing; or ‘‘(7) ADMINISTRATIVE MAXIMUM FACILITIES.— GRAM.—An inmate diagnosed with a serious ‘‘(II) temporarily house an inmate pending The Director shall— mental illness after an evaluation required transfer, pending classification, or pending ‘‘(A) limit segregation in an administra- under paragraph (1)— resolution of another temporary administra- tive maximum facility to situations in which ‘‘(A) shall not be placed in solitary confine- tive matter; and such segregation is necessary to— ment in accordance with subsection (b)(4); ‘‘(ii) to a duration of not more than 15 con- ‘‘(i) implement special administrative and secutive days, and not more than 20 days in measures, as directed by the Attorney Gen- ‘‘(B) may be diverted to a mental health a 60-day period, unless— eral; or treatment program within the Bureau of ‘‘(I) the inmate requests to remain in ad- ‘‘(ii) house an inmate who poses an ongoing Prisons that provides an appropriate level of ministrative segregation under paragraph significant and serious threat to the safety care to address the inmate’s mental health (3)(D)(i); or of other inmates, staff, or the public that needs. ‘‘(II) in order to address the continued ex- cannot be addressed through alternative ‘‘(3) CONTINUING EVALUATIONS.—After each istence of a substantial and immediate housing; and 14-calendar-day period an inmate is held in threat, a multidisciplinary staff committee ‘‘(B) issue final approval of referral of any continuous placement in solitary confine- approves a temporary extension, which— inmate who poses an ongoing significant and ment— ‘‘(aa) may not be longer than 15 days; and serious threat for placement in an Adminis- ‘‘(A) a licensed mental health professional ‘‘(bb) shall be reviewed by the multidisci- trative Maximum facility, including the shall conduct a comprehensive, face-to-face, plinary staff committee every 3 days during United States Penitentiary Administrative out-of-cell mental health evaluation of the the period of the extension, in order to con- Maximum in Florence, Colorado. inmate in a confidential setting; and firm the continued existence of the substan- ‘‘(8) RIGHT TO REVIEW PLACEMENT IN SOLI- ‘‘(B) the Director shall adjust the place- tial and immediate threat; TARY CONFINEMENT.—The Director shall en- ment of the inmate in accordance with this ‘‘(B) limit disciplinary segregation— sure that each inmate placed in solitary con- subsection. ‘‘(i) to situations in which such segrega- finement has access to— ‘‘(4) REQUIREMENT.—The Director shall op- tion is necessary to punish an inmate who ‘‘(A) written notice thoroughly detailing erate mental health treatment programs in has been found to have committed a signifi- the basis for placement or continued place- order to ensure that inmates of all security cant and serious disciplinary infraction by a ment in solitary confinement not later than levels with serious mental illness have ac- Disciplinary Hearing Officer and alternative 6 hours after the beginning of such place- cess to an appropriate level of care. sanctions would not adequately regulate the ment, including— ‘‘(d) TRAINING FOR BUREAU OF PRISONS behavior of the inmate; and ‘‘(i) thorough documentation explaining STAFF.— ‘‘(ii) to a duration of not more than 30 con- why such confinement is permissible and ‘‘(1) TRAINING.—All employees of the Bu- secutive days, and not more than 40 days in necessary under paragraph (1); and reau of Prisons or any facility that contracts a 60-day period, unless a multidisciplinary ‘‘(ii) if an exception under paragraph (2)(A), with the Bureau of Prisons to provide hous- staff committee, in consultation with the (3)(D), (4)(A), (4)(B), (4)(C), (5)(A), or (5)(B) is ing for inmates in Federal custody who Disciplinary Hearing Officer who presided used to justify placement in solitary confine- interact with inmates on a regular basis over the inmate’s disciplinary hearing, de- ment or under paragraph (1) to justify in- shall be required to complete training in— termines that the significant and serious dis- creased restrictive conditions in solitary ‘‘(A) the recognition of symptoms of men- ciplinary infraction of which the inmate was confinement, thorough documentation ex- tal illness; found guilty is of such an egregious and vio- plaining why such an exception applied; ‘‘(B) the potential risks and side effects of lent nature that a longer sanction is appro- ‘‘(B) a timely, thorough, and continuous psychiatric medications; priate and approves a longer sanction, review process that— ‘‘(C) de-escalation techniques for safely which— ‘‘(i) occurs within not less than 3 days of managing individuals with mental illness; ‘‘(I) may be not more than 60 days in a spe- placement in solitary confinement, and ‘‘(D) consequences of untreated mental ill- cial housing unit if the inmate has never be- thereafter at least— ness; fore been found guilty of a similar signifi- ‘‘(I) on a weekly basis for inmates in spe- ‘‘(E) the long- and short-term psycho- cant and serious disciplinary infraction; or cial housing units; logical effects of solitary confinement; and ‘‘(II) may be not more than 90 days in a ‘‘(II) on a monthly basis for inmates in spe- ‘‘(F) de-escalation and communication special housing unit if the inmate has pre- cial management units; and techniques to divert inmates from situations viously been found guilty of a similar signifi- ‘‘(III) on a monthly basis for inmates at an that may lead to the inmate being placed in cant and serious disciplinary infraction; administrative maximum facility; solitary confinement. ‘‘(C) ensure that any time spent in admin- ‘‘(ii) includes private, face-to-face inter- ‘‘(2) NOTIFICATION TO MEDICAL STAFF.—An istrative segregation during an investigation views with a multidisciplinary staff com- employee of the Bureau of Prisons shall im- into an alleged offense is credited as time mittee; and mediately notify a member of the medical or served for a disciplinary segregation sen- ‘‘(iii) examines whether— mental health staff if the employee— tence; ‘‘(I) placement in solitary confinement was ‘‘(A) observes an inmate with signs of men- ‘‘(D) ensure that concurrent sentences are and remains necessary; tal illness, unless such employee has knowl- imposed for disciplinary violations arising ‘‘(II) the conditions of confinement comply edge that the inmate’s signs of mental ill- from the same episode; and with this section; and ness have previously been reported; or

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A28SE6.035 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6234 CONGRESSIONAL RECORD — SENATE September 28, 2016 ‘‘(B) observes an inmate with signs of men- submit to the Committee on the Judiciary of SEC. 3. REASSESSMENT OF INMATE MENTAL tal health crisis. the Senate and the Committee on the Judici- HEALTH. ‘‘(e) CIVIL RIGHTS OMBUDSMAN.— ary of the House of Representatives a report Not later than 180 days after the date of ‘‘(1) IN GENERAL.—Within the Bureau of on the activities of the Office of the Ombuds- enactment of this Act, the Director of the Prisons, there shall be a position of the Civil man for the fiscal year ending in such cal- Bureau of Prisons shall— Rights Ombudsman (referred to in this sub- endar year. (1) assemble a team of licensed mental section as the ‘Ombudsman’) and an Office of ‘‘(B) CONTENTS.—Each report submitted health professionals, which may include li- the Civil Rights Ombudsman. under subparagraph (A)— censed mental health professionals who are ‘‘(2) APPOINTMENT.—The Ombudsman shall ‘‘(i) contain full and substantive analysis, not employed by the Bureau of Prisons, to be appointed by the Attorney General and in addition to statistical information; conduct a comprehensive mental health re- shall report directly to the Director. The ‘‘(ii) identify the recommendations the Of- evaluation for each inmate held in solitary Ombudsman shall have a background in cor- fice of the Ombudsman has made on address- confinement for more than 30 days as of the rections and civil rights and shall have ex- ing reported civil rights violations and viola- date of enactment of this Act, including a pertise on the effects of prolonged solitary tions of this section and reducing the use confidential, face-to-face, out-of-cell inter- confinement. and improving the practices of solitary con- view by a licensed mental health profes- ‘‘(3) REPORTING.—The Director shall ensure finement in the Bureau of Prisons; sional; and that each Bureau of Prisons facility or any ‘‘(iii) contain a summary of problems re- (2) adjust the placement of each inmate in facility that contracts with the Bureau of lating to reported civil rights violations and accordance with section 4050(c) of title 18, Prisons provides multiple internal ways for violations of this section, including a de- United States Code, as added by section 2. inmates and others to promptly report civil tailed description of the nature of such prob- SEC. 4. DIRECTOR OF BUREAU OF PRISONS. rights violations and violations of this sec- lems and a breakdown of where the problems Section 4041 of title 18, United States Code, tion to the Ombudsman, including— occur among Bureau of Prisons facilities and is amended— ‘‘(A) not less than 2 procedures for inmates facilities that contract with the Bureau of (1) by inserting ‘‘(a) IN GENERAL.—’’ before and others to report civil rights violations Prisons; the ‘‘The Bureau of Prisons shall be’’; and and violations of this section to an entity or ‘‘(iv) contain an inventory of the items de- (2) by adding at the end the following: ‘‘(b) OMBUDSMAN.—The Director of the Bu- office that is not part of the facility, and scribed in clauses (ii) and (iii) for which ac- reau of Prisons shall— that is able to receive and immediately for- tion has been taken and the result of such ‘‘(1) meet regularly with the Ombudsman ward inmate reports to the Ombudsman, al- action; appointed under section 4050(e) to identify lowing the inmate to remain anonymous ‘‘(v) contain an inventory of the items de- upon request; and how the Bureau of Prisons can address re- scribed in clauses (ii) and (iii) for which ac- ‘‘(B) not less than 2 procedures for inmates ported civil rights violations and reduce the tion remains to be completed and the period and others to report civil rights abuses and use of solitary confinement and correct prob- during which each item has remained on violations of this section to the Ombudsman lems in the solitary confinement policies and such inventory; in a confidential manner, allowing the in- practices of the Bureau; ‘‘(vi) contain an inventory of the items de- mate to remain anonymous upon request. ‘‘(2) conduct a prompt and thorough inves- scribed in clauses (ii) and (iii) for which no ‘‘(4) NOTICE.—The Director shall ensure tigation of each referral from the Ombuds- action has been taken, the period during that each Bureau of Prisons facility or any man under section 4050(e)(5)(D), after each which each item has remained on such inven- facility that contracts with the Bureau of such investigation take appropriate discipli- tory, the reasons for the inaction, and shall Prisons provides inmates with— nary action against any Bureau of Prisons identify any official of the Bureau of Prisons ‘‘(A) notice of how to report civil rights employee who is found to have engaged in who is responsible for such inaction; violations and violations of this section in misconduct or to have violated Bureau of ‘‘(vii) contain recommendations for such accordance with paragraph (3), including— Prisons policy, and notify the Ombudsman of legislative or administrative action as may ‘‘(i) notice prominently posted in the living the outcome of each such investigation; and be appropriate to resolve problems identified and common areas of each such facility; ‘‘(3) establish procedures requiring a for- in clause (iii); and ‘‘(ii) individual notice to inmates at initial mal response by the Bureau of Prisons to any ‘‘(viii) include such other information as intake into the Bureau of Prisons, when recommendation of the Ombudsman in the the Ombudsman determines necessary. transferred to a new facility, and when annual report submitted under section ‘‘(C) SUBMISSION OF REPORTS.—Each report placed in solitary confinement; 4050(e)(6) not later than 90 days after the required under this paragraph shall be pro- ‘‘(iii) notice to inmates with disabilities in date on which the report is submitted to vided directly to the Committees described accessible formats; and Congress.’’. ‘‘(iv) written or verbal notice in a language in subparagraph (A) without any prior re- view, comment, or amendment from the Di- SEC. 5. DATA TRACKING OF USE OF SOLITARY the inmate understands; and CONFINEMENT. ‘‘(B) notice of permissible practices related rector or any other officer or employee of Section 4047 of title 18, United States Code, to solitary confinement in the Bureau of the Department of Justice or Bureau of Pris- is amended by adding at the end the fol- Prisons, including the requirements of this ons. lowing: section. ‘‘(8) REGULAR MEETINGS WITH THE DIRECTOR ‘‘(d) PRISON SOLITARY CONFINEMENT AS- ‘‘(5) FUNCTIONS.—The Ombudsman shall— OF THE BUREAU OF PRISONS.—The Ombudsman SESSMENTS.— ‘‘(A) review all complaints the Ombudsman shall meet regularly with the Director to ‘‘(1) IN GENERAL.—Not later than March 31 receives; identify problems with reported civil rights of each year, the Director of the Bureau of ‘‘(B) investigate all complaints that allege violations and the solitary confinement poli- Prisons shall prepare and transmit to the a civil rights violation or violation of this cies and practices of the Bureau of Prisons, Committee on the Judiciary of the Senate section; including overuse of solitary confinement, and the Committee on the Judiciary of the ‘‘(C) refer all possible violations of law to and to present recommendations for such ad- House of Representatives an annual assess- the Department of Justice; ministrative action as may be appropriate to ment of the use of solitary confinement by ‘‘(D) refer to the Director allegations of resolve problems relating to reported civil the Bureau of Prisons, as defined in section misconduct involving Bureau of Prisons rights violations and the solitary confine- 4050(a). staff; ment policies and practices of the Bureau of ‘‘(2) CONTENTS.—Each assessment sub- ‘‘(E) identify areas in which the Bureau of Prisons. mitted under paragraph (1) shall include— Prisons can improve the Bureau’s policies ‘‘(9) RESPONSIBILITIES OF BUREAU OF PRIS- ‘‘(A) the policies and regulations of the Bu- and practices to ensure that the civil rights ONS.—The Director shall establish proce- reau of Prisons, including any changes in of inmates are protected; dures requiring that, not later than 3 months policies and regulations, for determining ‘‘(F) identify areas in which the Bureau of after the date on which a recommendation is which inmates are placed in each form of sol- Prisons can improve the solitary confine- submitted to the Director by the Ombuds- itary confinement, or housing in which an ment policies and practices of the Bureau man, the Director or other appropriate em- inmate is separated from the general popu- and reduce the use of solitary confinement; ployee of the Bureau of Prisons issue a for- lation in use during the reporting period, and and mal response to the recommendation. a detailed description of each form of soli- ‘‘(G) propose changes to the policies and ‘‘(10) NON-APPLICATION OF THE PRISON LITI- tary confinement in use, including all max- practices of the Bureau of Prisons to miti- GATION REFORM ACT.—Inmate reports sent to imum and high security facilities, all special gate problems and address issues the Om- the Ombudsman shall not be considered an housing units, all special management units, budsman identifies. administrative remedy under section 7(a) of all Administrative Maximum facilities, in- ‘‘(6) ACCESS.—The Ombudsman shall have the Civil Rights of Institutionalized Persons cluding the United States Penitentiary Ad- unrestricted access to Bureau of Prisons fa- Act (42 U.S.C. 1997e(a)).’’. ministrative Maximum in Florence, Colo- cilities and any facility that contracts with (b) TECHNICAL AND CONFORMING AMEND- rado, and all Communication Management the Bureau of Prisons and shall be able to MENT.—The table of sections for chapter 303 Units; speak privately with inmates and staff. of title 18, United States Code, is amended by ‘‘(B) the number of inmates in the custody ‘‘(7) ANNUAL REPORTS.— inserting after the item relating to section of the Bureau of Prisons who are housed in ‘‘(A) OBJECTIVES.—Not later than Decem- 4049 the following: each type of solitary confinement for any pe- ber 31 of each year, the Ombudsman shall ‘‘4050. Solitary confinement.’’. riod and the percentage of all inmates who

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A28SE6.035 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6235 have spent at least some time in each form ‘‘(viii) the number of instances of forced SEC. 8. NOTICE AND COMMENT REQUIREMENT. of solitary confinement during the reporting feeding of inmates; and The Director of the Bureau of Prisons shall period; ‘‘(N) any other relevant data.’’. prescribe rules, in accordance with section ‘‘(C) the demographics of all inmates SEC. 6. NATIONAL RESOURCE CENTER ON SOLI- 553 of title 5, United States Code, to carry housed in each type of solitary confinement TARY CONFINEMENT REDUCTION out this Act and the amendments made by described in subparagraph (A), including AND REFORM. this Act. race, ethnicity, religion, age, and gender; (a) DEFINITION OF ELIGIBLE ENTITY.—In this SEC. 9. EFFECTIVE DATE. ‘‘(D) the policies and regulations of the Bu- section, the term ‘‘eligible entity’’ means an Except as otherwise provided, this Act and reau of Prisons, including any updates in entity, or a partnership of entities, that has the amendments made by this Act shall take policies and regulations, for subsequent re- demonstrated expertise in the fields of— effect 18 months after the date of enactment views or appeals of the placement of an in- (1) solitary confinement, including the re- of this Act. mate into or out of solitary confinement; duction and reform of its use; and ‘‘(E) the number of reviews of and chal- (2) providing technical assistance to cor- S. 342 lenges to each type of solitary confinement rections agencies on how to reduce and re- Mr. COONS. Mr. President, I rise to placement described in subparagraph (A) form solitary confinement. speak about an urgent and long over- conducted during the reporting period and (b) REQUIREMENTS.—Not later than 180 days due reform to address how the United the number of reviews or appeals that di- after the date of enactment of this Act, the States houses and treats prison in- rectly resulted in a change of placement; Bureau of Justice Assistance shall enter into a cooperative agreement, on a competitive mates in our Federal criminal justice ‘‘(F) the general conditions and restric- system. tions for each type of solitary confinement basis, with an eligible entity for the purpose described in subparagraph (A), including the of establishing a coordinating center for We are losing millions of Ameri- number of hours spent in ‘isolation,’ or re- State, local, and Federal corrections sys- cans—disproportionately African- straint, for each, and the percentage of time tems, which shall conduct activities such American men—to a criminal justice these conditions involve single-inmate hous- as— system that robs them of any meaning- ing; (1) provide on-site technical assistance and ful opportunity to find gainful employ- ‘‘(G) the mean and median length of stay consultation to Federal, State, and local cor- ment or participate in our democracy in each form of solitary confinement de- rections agencies to safely reduce the use of solitary confinement; after they served their time. scribed in subparagraph (A), based on all in- Fortunately, Americans across the dividuals released from solitary confinement (2) act as a clearinghouse for research, during the reporting period, including max- data, and information on the safe reduction country have come to recognize that imum and high security facilities, special of solitary confinement in prisons and other our so-called criminal justice system is housing units, special management units, custodial settings, including facilitating the broken. Here in the Senate, I am en- the Administrative Maximum facilities, in- exchange of information between Federal, couraged that many of my colleagues, cluding the United States Penitentiary Ad- State, and local practitioners, national ex- including Senator DURBIN, Senator perts, and researchers; ministrative Maximum in Florence, Colo- BOOKER, and many others have joined rado, Communication Management Units, (3) create a minimum of 10 learning sites in Federal, State, and local jurisdictions that together in support of a broad bipar- and any maximum length of stay during the tisan bill entitled the Sentencing Re- reporting period; have already reduced their use of solitary ‘‘(H) the number of inmates who, after a confinement and work with other Federal, form and Corrections Act. Our criminal stay of 5 or more days in solitary confine- State, and local agencies to participate in justice system should be about justice ment, were released directly from solitary training, consultation, and other forms of as- and rehabilitation, not just punish- confinement to the public during the report- sistance and partnership with these learning ment. Passing this Sentencing Reform ing period; sites; and Corrections Act would be a signifi- ‘‘(I) the cost for each form of solitary con- (4) conduct evaluations of jurisdictions cant step in that direction. Today I that have decreased their use of solitary con- finement described in subparagraph (A) in have come to talk about a specific and use during the reporting period, including as finement to determine best practices; targeted bill that Senators DURBIN, compared with the average daily cost of (5) conduct research on the effectiveness of housing an inmate in the general population; alternatives to solitary confinement, such as BOOKER, LEAHY, FRANKEN, and I are in- ‘‘(J) statistics for inmate assaults on cor- step-down or transitional programs, strate- troducing. rectional officers and staff of the Bureau of gies to reintegrate inmates into general pop- Far too often Federal inmates find Prisons, inmate-on-inmate assaults, and ulation, the role of officers and staff culture themselves placed in 6-by-8-foot cells staff-on-inmate use of force incidents in the in reform efforts, and other research rel- for 23 hours a day in solitary confine- various forms of solitary confinement de- evant to the safe reduction of solitary con- ment, colloquially called restrictive scribed in subparagraph (A) and statistics for finement; (6) develop and disseminate a toolkit for housing units. These units are intended such assaults in the general population; to segregate dangerous prisoners from ‘‘(K) the policies for mental health screen- systems to reduce the excessive use of soli- ing, mental health treatment, and subse- tary confinement; the rest of the prison population or to quent mental health reviews for all inmates, (7) develop and disseminate an online self- punish individuals for crimes or mis- including any update to the policies, and any assessment tool for State and local jurisdic- deeds committed behind bars, but when additional screening, treatment, and moni- tions to assess their own use of solitary con- one looks at the actual evidence sur- toring for inmates in solitary confinement; finement and identify strategies to reduce rounding the use of solitary confine- ‘‘(L) a statement of the types of mental its use; and ment, they find it doesn’t actually stop health staff that conducted mental health (8) conduct public webinars to highlight new and promising practices. or reduce crime or bad behavior and it assessments for the Bureau of Prisons during doesn’t keep us safer. What it does the reporting period, a description of the dif- (c) ADMINISTRATION.—The program under ferent positions in the mental health staff of this section shall be administered by the Bu- cause is lasting, often irreparable, the Bureau of Prisons, and the number of reau of Justice Assistance. harm to those inmates subjected to it, part- and full-time psychologists and psychi- (d) REPORT.—On an annual basis, the co- and oftentimes it makes it harder for atrists employed by the Bureau of Prisons ordinating center shall report to the Com- them to later successfully reenter soci- during the reporting period; mittee on the Judiciary of the Senate and ety after they served their time. the Committee on the Judiciary of the House ‘‘(M) data on mental health and medical Senator DURBIN, who was to join me indicators for all inmates in solitary con- of Representatives on its activities and any changes in solitary confinement policy at and Senator BOOKER on the floor this finement, including— afternoon but for a change of schedule, ‘‘(i) the number of inmates requiring medi- the Federal, State, or local level that have cation for mental health conditions; resulted from its activities. first held hearings on this topic when ‘‘(ii) the number diagnosed with an intel- (e) DURATION.—The Bureau of Justice As- he was Chair of the Senate Judiciary lectual disability; sistance shall enter into a cooperative agree- Subcommittee on the Constitution, ‘‘(iii) the number diagnosed with serious ment under this section for 5 years. Civil Rights and Human Rights. mental illness; SEC. 7. AUTHORIZATION OF APPROPRIATIONS. He held a hearing on solitary confine- ‘‘(iv) the number of suicides; There is authorized to be appropriated— ment—the first-ever congressional ‘‘(v) the number of attempted suicides and (1) to the Director of the Bureau of Prisons hearing on the topic—back in 2012. In number of inmates placed on suicide watch; such sums as may be necessary to carry out fact, he held two hearings. He left a ‘‘(vi) the number of instances of self-harm sections 2, 3, 4, and 5, and the amendments committed by inmates; made by such sections; and note for me that says at one of his first ‘‘(vii) the number of inmates with physical (2) to the Bureau of Justice Assistance hearings on solitary confinement, one disabilities, including blind, deaf, and mobil- such sums as may be necessary to carry out of the witnesses was a man named An- ity-impaired inmates; and section 6. thony Graves, whose testimony forever

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A28SE6.035 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6236 CONGRESSIONAL RECORD — SENATE September 28, 2016 affected the Senator from Illinois. An- law many of the recommendations the has long failed this central test of thony spent 18 years in prison, includ- Bureau of Prisons is working to put in character. With this bill, this Senate ing 16 years in solitary confinement. In place and to lay the groundwork for has a rare opportunity to right some of 2010, he became the 12th death row in- broader reform. the wrongs that have too long plagued mate to be exonerated in the State of This bill is grounded in two key ob- every step of our criminal justice sys- Texas. Think about that. Mr. Graves servations: First, that our prison sys- tem. spent 16 years in solitary confinement tem has grown in population beyond We also need to step up and take up for a crime he was later proved never any reasonable scope. Second, restric- and move forward the Sentencing Re- to have committed. tive housing or solitary confinement is form and Corrections Act as well, an At that hearing, Mr. Graves testified employed far too frequently for minor important and broad bill which would about his experience, and here is what behavioral infractions, not as a sanc- reduce mandatory minimums and give he said: tion of last resort. judges more discretion in sentencing. I lived under some of the worst conditions This act will establish limits on the In this effort, we have a broad coalition imaginable, with the filth, the food, the total use of solitary and require that it be of Democrats and Republicans and a di- disrespect of dignity. I lived under the rules limited to the briefest amount of time verse group of faith and reform and ad- of a system that literally drives men out of and under the least restrictive condi- vocacy groups, and in President Obama their minds. tions that make sense in the setting. we have a leader who has acted to end He later said: The bill requires the Bureau of Pris- solitary confinement for juveniles in Solitary confinement does one thing—it ons to limit the use of solitary confine- Federal prison and who is ready and breaks a man’s will and he ends up deterio- ment for inmates nearing their release willing to sign a broader package of rating. He is never the same person again. date and to establish a transitional criminal justice reforms into law. Now In those hearings, Senator DURBIN process for inmates who must remain it is up to Congress. asked: How big is the impact of soli- housed in solitary confinement up to I would like to transition, if I might, tary confinement in our prison system? their release. to a man who, from his very first days It is difficult to determine exactly how Most importantly, the bill mandates here in the Senate of the United many inmates are housed in these so- that the Federal Bureau of Prisons States, has been a powerful, pas- called restrictive settings. One recent may not place an inmate in solitary sionate, and engaged advocate for study estimated as many as 80,000 confinement if the inmate is a minor, criminal justice reform broadly and for State and Federal inmates in total. In has a serious mental illness, has intel- a change to our solitary confinement my home State of Delaware, 453 in- lectual or physical disabilities, is preg- practices in particular. Far too many mates, about 8 percent of our State nant or in the first eight weeks after Americans have grown up in a society prison population, were held in restric- delivery, except—in all of those cases, where they are defined by the worst tive housing units in 2015. Nearly one- except—under limited and temporary thing they have ever done. When an in- third of them were receiving mental circumstances. mate leaves prison with his sentence health treatment. Finally, the bill requires an annual complete and time served, with his To fully understand the extent to report to Congress from the Bureau of mind and spirit broken because of soli- which our prisons utilize solitary con- Prisons about their assessment of their tary, we are all less safe and our world finement, we need to look at not just progress in improving solitary confine- is less just. the total number of inmates being ment practices and regulations. I wish to thank Senator DURBIN for placed in restrictive housing but the The time to reform our criminal jus- his efforts on this bill, but in par- duration of time they spend there. One tice system is now, and this bill would ticular I want to thank Senator BOOK- recent report by the nonpartisan Vera mark an important step forward. ER for his passion, for his engagement, Institute of Justice found that in- Some might ask why this is a passion for his effectiveness. He is my col- mates, even those not overly disruptive of mine. When I was a young man, my league who has been most engaged in or violent, stay for long periods of father volunteered through our church the changes of solitary confinement time—months or years. and prison ministry, and I was a young from his first days here, and he is the In Washington State, in 2011, the av- man exposed to the impact that prison deserving partner of Senator DURBIN’s erage length of stay in solitary con- conditions can have on those who are long record going back to the hearings finement was 11 months. In the State serving time. But, more importantly, he first held in 2012. of Texas, in 2013, the average stay was few individuals have captured the ur- With that, I yield the floor to my col- 4 years. gency of this issue as powerfully as a league from the great State of New The overwhelming majority of indi- fellow Delawarean and friend, Bryan Jersey. viduals sentenced to prison will return Stevenson. Bryan Stevenson is the au- The PRESIDING OFFICER. The Sen- to our communities. Rehabilitating thor of a book entitled ‘‘Just Mercy’’ ator from New Jersey. those who have paid their debt to soci- that chronicles his efforts founding and Mr. BOOKER. Mr. President, I wish ety is a key goal of our criminal justice leading the Equal Justice Initiative in to thank my Senate colleague from system, and that is why we shouldn’t Montgomery, AL. Since long before Delaware, Senator COONS, for his ex- subject inmates to practices like soli- sensible reforms to our criminal justice traordinarily eloquent and, frankly, ur- tary confinement which lessens their system seemed possible, Bryan has gently passionate voice on issues of ability to successfully reenter society. been fighting to improve this badly solitary confinement, as well as for all Mounting evidence shows that solitary broken system. In his book he tells the the work he is doing on criminal jus- confinement physically and mentally powerful and painful story of a 13-year- tice reform as a whole. harms and destabilizes inmates in ways old child, Ian, incarcerated as an adult This bill that he and Senator DURBIN that then threatens the very commu- in an adult prison and who spent 18 have worked so hard on and that I am nities—our communities—to which years in solitary. As Bryan Stevenson so proud to cosponsor, along with Sen- they will later return. recounts, ‘‘Ian’s mental health unrav- ators LEAHY and FRANKEN, is a criti- Over a year ago, President Obama eled, and he attempted suicide several cally important bill when it comes to asked Attorney General Loretta Lynch times. Each time he hurt himself, his the overall reforming of our criminal to review the overuse of solitary con- time in solitary was extended.’’ justice system. Please understand, as finement in our Federal prisons. Ear- I remember being brought to tears by the Senator from Delaware has said, lier this year, the Department of Jus- a number of passages in Bryan’s book, this is currently a practice in our Fed- tice released a report recommending and I profoundly agree with his con- eral system as well as in State prisons. reforms, which the Bureau of Prisons is cluding assessment that ‘‘the true It is an archaic, damaging, ineffective, now implementing. Today Senator measure of our character is how we and inefficient practice that actually DURBIN, Senator BOOKER, Senator treat the poor, the disfavored, the ac- works against the public interests—not LEAHY, Senator FRANKEN, and I are in- cused, the incarcerated, and the con- just their financial interests but even troducing a bill, the Solitary Confine- demned.’’ When it comes to fairly dis- the safety and well-being of our com- ment and Reform Act, to codify into tributing justice in America, Congress munities.

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.036 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6237 Now, solitary confinement—many dividual, but it has truly negative im- where they can cause more harm and people don’t know exactly what we are pacts on their lives, the lives of their damage to themselves and others. talking about. As Senator COONS said, families, and their communities when So the bill that Senator COONS talks it is people being kept in a prison cell they are released. about—the bill that we are introducing for 22 to 24 hours a day with little to no We know that while confinement for with Senator DURBIN—would substan- outside human interactions. Senator short periods of time may be necessary tially limit the ability of the Bureau of COONS said it is a fact that on any for safety—and please understand that Prisons to use solitary confinement in given day, we now have 80,000 to 100,000 the security of our correctional officers Federal facilities. The bill would man- incarcerated people in State and Fed- is critical in prison environments, but date that solitary confinement be lim- eral prisons who are being held in to allow these practices to go on actu- ited to the briefest terms under the rooms often no bigger than a parking ally doesn’t make our correctional offi- least restrictive conditions practicable, spot. cers safer; it makes their job more dan- and it would preclude the BOP from We know that inmates placed in soli- gerous and puts them at greater risk. placing vulnerable populations in soli- tary confinement can be put there for This is why correctional officers across tary confinement, like minors—like the most minor of infractions—for lit- the country are speaking out. The very children—as well as people with serious erally just filing papers with the court people who have to conduct the work mental illnesses, physical disabilities, to try to assert their constitutional in our prisons are speaking out against and pregnant women. Critically, this legislation wants to rights. We also know that solitary con- solitary confinement. One Texas cor- promote more data collection. The bill finement is extraordinarily expensive— rectional officer said: ‘‘When you cut would require the BOP to collect data more expensive than nonsolitary con- out social interaction, you are dealing on the use of solitary confinement, and finement. In fact, on average, it costs with a person who has nothing to lose, it would create a national resource about $75,000 each year for an indi- and that is extremely dangerous.’’ center on solitary confinement reform vidual to be housed in solitary confine- Kevin Kempf, the director of the under the Bureau of Justice Assist- Idaho Department of Corrections, re- ment. Yet it is increasingly clear that ance. this overuse, especially for low-level marked that reforming the practice of This is an issue—the issue of solitary offenders—not people who have done solitary confinement ‘‘is not a soft-on- confinement—that has been a priority violent crime, not people who have as- inmates approach; this is a public safe- for me here in the Senate from my be- saulted a correctional officer, but peo- ty approach.’’ He refers to a time in ginning months. In fact, over a year ple who are there for low-level, non- 2014 when 44 inmates were released di- ago, in August of 2015, I worked with violent crimes—we know that this is rectly from isolation in a maximum se- members of the Senate Committee on providing little benefit to no benefit curity prison and out to the public. Homeland Security and Governmental for the public good, but what is ex- That means that they were released, as Affairs on an oversight hearing to ex- traordinary is it is creating conditions in the case that Senator COONS ex- plore current practices at the Federal which could harm the public. plained, from solitary confinement— Bureau of Prisons. I requested this Solitary confinement has irreversible from these conditions of no social hearing because of the urgent need to effects on the human brain, which may interaction, from an environment that shine a spotlight on our broken crimi- lead inmates to harm themselves or researchers deem aggravating to men- nal justice system, including what oc- others. It does psychological damage. tal illness—and they go right from that curs within the walls of Federal prisons It can do serious psychological damage, solitary confinement environment out that the general public does not see making a person more dangerous. into the public. He remarked about that is being done in the name of the So here we have a correctional sys- this case: public. The hearing was a good first tem that doesn’t correct but actually Those 44 inmates, we took belly chains and start to improve transparency on soli- is doing more harm and putting people leg irons off of them and walked into your tary confinement. At the hearing, we in a position where they can be more community. That is irresponsible of me as a heard testimony from a wide range of director. Frankly our taxpayers should ex- dangerous to themselves, to their fel- stakeholders, including the head of the low inmates, and to society as a whole. pect more of me, should expect more of our staff, to do things differently. Bureau of Prisons and advocates. Udi It makes no sense. Offer, from the New Jersey ACLU, tes- International bodies understand this. It should come as no surprise to any tified that ‘‘our nation has seen a dra- Other nations have referred to it as of us that the use of solitary confine- matic increase in the use or reliance on torture. The United Nations considers ment has received criticism both from solitary confinement over the last cou- long-term isolation to be cruel and de- law enforcement folks—folks who have ple of decades.’’ sworn oaths to protect the public—as grading treatment. Here we are in the I also introduced the MERCY Act, a United States of America, which I well as the civil rights community, bill that would prohibit the use of soli- firmly believe is a symbol to the Na- civil libertarians, the medical commu- tary confinement of youth adjudicated tion—to the globe—of justice, right- nity, and the legal community. delinquent in the Federal system un- eousness, and decency, yet we are en- Just last year, in a Supreme Court less it is a temporary response to a se- gaging in tactics that many of our peer case, Davis v. Ayala, Justice Kennedy rious risk of harm to the juvenile or nations consider cruel and degrading. denounced the widespread use of soli- others. We know the data. It is clear that tary confinement in prisons. Justice Our justice system must ensure jus- isolation actually worsens mental ill- Kennedy cited a litany of the possible tice in the deepest, richest meaning of ness and can actually create issues in side effects from prolonged isolation, that word. That is what we swear an those who were previously seen as psy- including anxiety, panic, withdrawal, oath to, that we will be a nation of lib- chologically healthy. Researchers esti- hallucinations, and self-mutilation. erty and justice for all—not just some mate that at least 30 percent of in- After examining the evidence, Justice but for all. It means that we need to mates held in solitary confinement al- Kennedy concluded that ample ‘‘re- begin to expose the practices that are ready have a mental disorder. So this search still confirms what the Court happening in our prisons and under- is how we are treating mental illness. suggested a century ago; years on end stand the consequences to all of this— We incarcerate not just the poor, but of near-total isolation exacts a terrible increased financial expenditures, in- we incarcerate the addicted and the price . . . [t]he penal system has a soli- creased risk to our security and our mentally ill. In prison we should seek tary confinement regime that will safety, increased risks of recidivism. to make those populations better, bring you to the edge of madness, per- Our justice system should not be en- healthier, to deal with their disease or haps into madness itself.’’ gaged in practices that people across their mental disorder, yet we are using This is not a criminal justice system the spectrum in America—political, practices that aggravate these condi- that reflects our highest values. It medical leaders, and others—really do tions. doesn’t stand for moral rights when we view as harmful, inefficient, and inef- We know data has shown that hold- are exacting such cruel punishment fective. ing inmates in isolation not only that doesn’t just do punitive damage I am proud to cosponsor the Solitary makes mental illness worse for the in- but also puts an inmate in a situation Confinement Reform Act. I urge my

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.037 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6238 CONGRESSIONAL RECORD — SENATE September 28, 2016 colleagues to support this bill and ad- filings. In this way, startups won’t be SEC. 3. CROWDFUNDING EXEMPTION FROM REG- vance it in the Senate. I thank Sen- penalized with costly paperwork by ISTRATION. Section 12(g)(6) of the Securities Exchange ators DURBIN and COONS for their lead- growing too fast growth. This bill also Act of 1934 (15 U.S.C. 78l(g)(6)) is amended— ership. makes it easier to attract more capital (1) by striking ‘‘The Commission’’ and in- This is a time where we need na- once it reaches the current serting the following: tional urgency on this issue. It is un- crowdfunding limits. With passage, this ‘‘(A) IN GENERAL.—The Commission’’; fortunate that what happens in our bill is a win for Montana and all our (2) by striking ‘‘section 4(6)’’ and inserting prisons is seen as something that we as entrepreneurs. ‘‘section 4(a)(6)’’; and a public wash our hands of—throw Mr. President, I ask unanimous con- (3) by adding at the end the following: ‘‘(B) TREATMENT OF SECURITIES ISSUED BY them away, throw away the key. That sent that the text of the bill be printed CERTAIN ISSUERS.—An exemption under sub- kind of logic doesn’t solve problems, it in the RECORD. paragraph (A) shall be unconditional for se- perpetuates them. It doesn’t make us There being no objection, the text of curities offered by an issuer that had a pub- safe, it makes us less safe. It doesn’t the bill was ordered to be printed in lic float of less than $75,000,000 as of the last save us money, it costs us more. These the RECORD, as follows: business day of the issuer’s most recently kinds of practices undermine the foun- S. 3453 completed semiannual period, computed by dation of common sense as well as multiplying the aggregate worldwide number Be it enacted by the Senate and House of Rep- of shares of the issuer’s common equity secu- moral rectitude. We stand for more resentatives of the United States of America in than this as a country. We should set rities held by non-affiliates by the price at Congress assembled, which such securities were last sold (or the an example that ultimately as a nation SECTION 1. SHORT TITLE. average bid and asked prices of such securi- we are not about retribution, we are This Act may be cited as the ties) in the principal market for such securi- not about disproportionate punish- ‘‘Crowdfunding Enhancement Act’’. ties or, in the event the result of such public ment, we are about restorative justice. SEC. 2. CROWDFUNDING VEHICLES. float calculation is zero, had annual reve- nues of less than $50,000,000 as of the issuer’s Solitary confinement as a practice (a) AMENDMENTS TO THE SECURITIES ACT OF most recently completed fiscal year.’’. being done now is an assault on justice. 1933.—The Securities Act of 1933 (15 U.S.C. It is an offense to our moral values as 77a et seq.) is amended— By Mr. HEINRICH (for himself a nation. It calls for reform. (1) in section 4A(f)(3), by inserting ‘‘by any I am proud to stand with my col- of paragraphs (1) through (14) of’’ before and Ms. COLLINS): S. 3458. A bill to establish programs leagues today to introduce legislation ‘‘section 3(c)’’; and to improve family economic security that will begin to take us down that (2) in section 4(a)(6)(B), by inserting after by breaking the cycle of important road to justice for all. ‘‘any investor’’ the following: ‘‘, other than a crowdfunding vehicle (as defined in section multigenerational poverty, and for By Mr. DAINES: 2(a) of the Investment Company Act of other purposes; to the Committee on 1940),’’. S. 3453. A bill to amend provisions in Health, Education, Labor, and Pen- (b) AMENDMENTS TO THE INVESTMENT COM- the securities laws relating to regula- sions. PANY ACT OF 1940.—The Investment Company Mr. HEINRICH. Mr. President, I rise tion crowdfunding to raise the dollar Act of 1940 (15 U.S.C. 80a–1 et seq.) is amend- amount limit and to clarify certain re- to introduce the Two-Generation Eco- ed— nomic Empowerment Act, alongside quirements and exclusions for funding (1) in section 2(a), by adding at the end the my colleague and friend from Maine, portals established by such Act; to the following: Senator . We are going Committee on Banking, Housing, and ‘‘(55) The term ‘crowdfunding vehicle’ to hear from her in a few minutes. I Urban Affairs. means a company— ‘‘(A) whose purpose (as set forth in its or- want to say a few words about an issue Mr. DAINES. Mr. President, entre- ganizational documents) is limited to acquir- that is all too familiar to many of our preneurship is a bedrock of Montana, a ing, holding, and disposing securities issued States from coast to coast—those rep- relationship well understicod by the by a single company in one or more trans- resented by Democrats, those rep- Small Business Administration, SBA. actions and made pursuant to section 4(a)(6) resented by Republicans. In fact, the SBA recognizes over 115,000 of the Securities Act of 1933; Earlier this month, we saw positive ‘‘(B) which issues only one class of securi- small businesses in the state, making economic data from the Census Bureau up 97.4 percent of all businesses. These ties; ‘‘(C) which receives no compensation in that showed that over the last year, organizations employ nearly 236,000 American middle-class and low-income Montanans, or 67.4 percent of the state connection with such acquisition, holding, or disposition of securities; families saw the largest growth in workforce. ‘‘(D) no associated person of which receives their income in generations. While there are many harmful regu- any compensation in connection with such I thank my colleague from Maine for lations coming out of Washington acquisition, holding or disposition of securi- her incredible work on the legislation these days, the Securities and Ex- ties unless such person is acting as or on be- we are going to be introducing today. change Commission, SEC, issued a rule half of an investment adviser registered There are simply far too many families last October to give entrepreneurs an under the Investment Advisers Act of 1940 or in my home State of New Mexico and registered as an investment adviser in the important tool in their belt to get across this Nation who are still strug- their/dreams up and running. This rule State in which the investment adviser main- tains its principal office and place of busi- gling to make ends meet, even to put was the crowdfunding rule, which al- ness; food on the table and certainly to es- lows entrepreneurs to raise up to $1 ‘‘(E) the securities of which have been cape multigenerational poverty. million annually without having to issued in a transaction made pursuant to Last year, nearly one in five New incur the costs of expensive SEC reg- section 4(a)(6) of the Securities Act of 1933, Mexicans lived below the federally de- istration. where both the crowdfunding vehicle and the fined poverty rate. Think about that, With this rule, entrepreneurs can company whose securities it holds are co- one in five. These are mothers, fathers, now raise capital to grow their busi- issuers; and grandparents trying to support ness and create jobs without incurring ‘‘(F) which is current in its ongoing disclo- themselves and their families. They expenses ordinarily reserved for estab- sure obligations under Rule 202 of Regulation Crowdfunding (17 CFR 227.202); are young adults trying to get ahead lished companies able to become pub- ‘‘(G) the company whose securities it holds and lay the groundwork for the future licly traded. In fact, Treasure State is current in its ongoing disclosure obliga- they have envisioned for themselves, Internet & Telegraph is one startup in tions under Rule 202 of Regulation but often the dreams we have of going my home town of Bozeman, Montana Crowdfunding (17 CFR 227.202); and to school and getting a job are cut that has been able to use this impor- ‘‘(H) is advised by an investment adviser short by the reality that these once tant new rule. registered under the Investment Advisers rites of passage on the way to the I am pleased today to support Mon- Act of 1940 or registered as an investment ad- American dream are further and fur- tana’s entrepreneurs by introducing viser in the State in which the investment adviser maintains its principal office and ther out of reach. the Crowdfunding Enhancement Act. place of business.’’; and I believe all of us have a responsi- This bill will make it easier for (2) in section 3(c), by adding at the end the bility not to accept this status quo. startups using crowdfunding to grow by following: Without critical programs such as Med- creating a ‘‘longer runway’’ for costly ‘‘(15) Any crowdfunding vehicle.’’. icaid or the National School Lunch

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.038 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6239 Program, even more families in New ing economic security, educational when she was 4 months pregnant. The Mexico would be struggling to over- success, social, capital, and health and home visitation supported her as she come poverty in the wake of the great well-being. and her husband raised their young son recession. It is time to recognize that By aligning and linking existing sys- Angel. When I talked to her, Brenda the Federal Government’s current ap- tems and funding streams, our legisla- had just started working at the early proach to poverty is far too discon- tion will lead to improved outcomes for learning center, helping to care for the nected. It is too fragmented and too parents and children while improving children. Brenda said that she hoped to disjointed to truly address the needs of the effectiveness of service delivery. enroll in classes at Santa Fe Commu- these working families, and too often it Our legislation will make Federal nity College and put herself on a path simply ignores the very nature of the agencies coordinate more effectively toward a successful career. family itself. through a new Interagency Council on Multigenerational Poverty. The coun- I also hosted an outreach session for I will tell you what I mean by that. families, education administrators, and I grew up on a small farm and ranch cil will align and link departments that are already working to address representatives of nonprofit service operation. In addition to attending our providers at Dona Ana Head Start. I cattle, both of my parents worked full poverty in order to reduce the redun- dancy and the redtape we see and to heard from working parents and serv- time, often more than full time. My ice providers about the challenges and dad was a utility lineman. My mother make sure programs across different agencies are actually working in a obstacles that stand in the way of their worked in a factory inspecting wheels educational and career opportunities. on an assembly line. Like a lot of complementary fashion. We are also looking for new ways to Americans, I learned the dignity of Just last month, I visited La Clinica incentivize investments in comprehen- hard work long before I ever held my de Familia’s Early Head Start Child sive two-generation programs. Our bill first job. I learned it at home. Care Partnership Center. The center As a father of two children, I under- will encourage Federal, State, tribal, cares for children while their parents and local governments to test innova- stand the challenges of parenthood work or further their education at New tive ways to using Federal resources by today, especially when both parents Mexico State University and Dona Ana allowing increased flexibility and work. In many cases in New Mexico, Community College. I had a chance to blending discretionary grant funds that means both parents may work read ‘‘Brown Bear, Brown Bear,’’ which across multiple Federal programs in more than one job. Much of our time is is not only one of the children’s favor- exchange for a greater accountability. centered on our jobs and our children. ite books, but it is also one of my fa- We will create a social impact bond For many of us, this leaves very little vorite books. My kids loved that book pilot project to encourage private foun- time for ourselves or our own edu- when they were little. dations and investors to fund new two- cational pursuits. I think it is time to build on the generation programs. If parents are able to find time to at- Over the last year, I visited programs progress we have seen demonstrated tend school and better themselves, in my home State of New Mexico that through the data at programs like they have to fit their class schedule are already using a two-generation ap- these. It is time to bring in more around those times. They have to fit proach. In Albuquerque, I met with stakeholders and start actively chang- their class schedule around their participants of the CNM Connect Serv- ing the trajectory of these families and child’s school and their childcare ices Program at Central New Mexico communities. This is the type of chal- hours. All of this limits parents’ access Community College. This program as- lenge that will have to be fought on the to a full and rigorous class schedule sists students—many of whom are par- frontlines through public-private part- and it extends the number of semesters ents or children of parents attending nerships on college campuses and in a parent is in school and it increases CNM—with academic support, financial community centers, on ball fields and their student loan debt. The way the coaching, and career services, and it in health clinics, and in our towns both Federal Government tries to help in- connects families with behavioral large and small. No matter what your creased opportunities for working fam- health services and childcare. By ZIP Code is, you should have an oppor- ilies isn’t working well enough to ad- streamlining and coordinating all of tunity to use already existing Federal dress these daily challenges these fami- these support services for students and resources or attract private investment lies face. their children, families are able to to implement the two-generation ap- When multiple programs exist to help learn and grow together. proach in your community because, as low-income parents and children, they At CNM, I met Maricela Cormona, the data suggests, it works. That is ex- have individual streaming causing silos who was a full-time mother who actly what the Two-Generation Eco- and fragmentation. Low-income fami- couldn’t focus on her own education nomic Empowerment Act aims to lies trying to access these benefits until her two children started an Even achieve. often have trouble navigating the mul- Start and Head Start early childhood I wish once again to thank my col- tiple eligibility requirements and the education program. Thanks to a two- league Senator COLLINS for her hard multiple service providers. Families generation program that connects par- work to help create this legislation, get discouraged and lose out on bene- ents to childcare and education, she and I also thank the great minds at fits because each one has its own set of earned her GED, and she started taking places like Ascend at the Aspen Insti- requirements. courses at CNM to become a social tute and great advocacy organizations Even the local service providers who worker. She was working with other in my home State of New Mexico, such are trying to help families get ahead parents to help them raise healthy as New Mexico Voices for Children, for are finding this disjointed Federal families and receive an education. working with me and my staff on these landscape difficult to navigate. Ad- In Sante Fe, I toured the United Way real, innovative solutions to create dressing the needs of children and par- Early Learning Center. This hub of more economic mobility. ents separately and without a com- early learning and family support can prehensive strategy is leaving too serve as a model for creating a path of As we work to advance this bipar- many children and parents behind and opportunity for all hard-working tisan bill in the Senate, I hope the rest diminishing the whole family’s chances Americans, using a comprehensive two- of my colleagues will see why this is an of reaching economic security. generation approach. At a state-of-the- issue that should not only be bipar- That is why I have teamed up with art facility, the center offers year- tisan but should command our urgent my Republican colleague from Maine, round, full-day services for children attention because the status quo is not Senator SUSAN COLLINS, to introduce and families, including hot meals, a something any of us should accept. the bipartisan Two-Generation Eco- health center, teaching and learning It is important to note that our pro- nomic Empowerment Act. Our legisla- technology, employment and social posal doesn’t add any new Federal tion will increase opportunities for service assistance for parents, and a spending or add to the deficit. Our leg- working families through programs home visitation program. islation simply takes existing funding targeting parents and children to- One mother I met there, Brenda programs that we already have in place gether with support aimed at increas- Olivas, was connected with United Way and makes sure we are investing more

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.058 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6240 CONGRESSIONAL RECORD — SENATE September 28, 2016 wisely, more efficiently, and more ef- ment in Auburn, ME, and she has fi- port to Congress and the Council on fectively to meet the needs of our chil- nally just started kindergarten. the barriers that prevent grant recipi- dren and their families. This is a fis- We know that the well-being of chil- ents from collaborating and identify cally responsible way to proceed, and it dren like Arianna is tightly linked to opportunities for improved coordina- is a moral imperative. the well-being of their parents. Just tion. We all know that all the potential we last week, I chaired a hearing of the Our bill would also authorize a pilot could ever ask for sits in homes, Senate Subcommittee on Housing and program to provide additional flexi- churches, and classrooms across this Transportation. We examined whether bility for States and local governments great Nation. By helping parents, there is a better way to provide hous- to improve the administration of pro- grandparents, and children overcome ing assistance to vulnerable families grams using two-generation models. It poverty and pursue their dreams to- and individuals. Both OMB Director would authorize five States to partici- gether, we can put whole families on a Shaun Donovan and HUD Secretary Ju- pate in two-generation performance path toward economic security and cre- lian Castro have often pointed out to partnerships. This would allow, for ex- ate a greater economic future for all of our subcommittee that the single big- ample, States like Maine and New Mex- our communities. gest predictor of a child’s opportuni- ico to blend together similarly I yield the floor. ties—and even that child’s life expect- purposed funds across multiple Federal The PRESIDING OFFICER. The Sen- ancy—is the ZIP Code of the commu- programs in order to help poor fami- ator from Maine. nity where the child grows up. lies. It aims to reduce duplicative re- Ms. COLLINS. Mr. President, I am Federal programs have certainly porting and application requirements. pleased to join my colleague from New helped many of those living in poverty This kind of redtape and bureaucracy Mexico, Senator HEINRICH, in intro- to manage the day-to-day hardships often deters local agencies and organi- ducing the Two-Generation Economic they face, but the fact is that these zations from making the most effective Empowerment Act of 2016. It has been a programs have failed to achieve their use of tax dollars to ensure account- great pleasure to work together to promise of breaking the cycle of pov- ability because that is what this is all craft this important legislation, and I erty that has trapped too many fami- about. This bill would also require that commend him for his leadership. lies. We should not accept such out- these pilot programs be targeted at Our bipartisan bill proposes a new ap- comes here in the land of opportunity. specific programs designed to reduce proach to fighting poverty, one that fo- Our bipartisan legislation proposes a poverty, and it would measure the out- cuses on addressing the needs of chil- fresh approach that is aimed at equip- comes and the effectiveness of these dren and their parents together—two ping both parents and their children programs. generations—in order to break the with the tools they need to succeed and Finally, our bill would create a pilot cycle of intergenerational poverty. become self-sufficient. It marks an im- program to incentivize public-private More than 50 years after President portant first step toward reevaluating partnerships around poverty solutions Lyndon Johnson declared a War on our approach to poverty-reducing pro- through social impact bonds. These Poverty, poverty remains a troubling grams, encouraging innovative, more public-private partnerships harness reality for millions of Americans who effective uses of tax dollars, and en- philanthropic and private sector in- struggle to find the resources they couraging programs that allow us to vestments to implement proven social need for the basic necessities of life. In tailor them to the needs of specific programs. This concept is based on leg- the time since that worthy war was families—programs that will work. islation that has been introduced by first declared, the Federal Government Too often today our Federal pro- two of our colleagues, Senator ORRIN has spent trillions of dollars—taxpayer grams address certain issues in silos, HATCH and Senator . I dollars—on programs to combat pov- overlooking the fact that the needs of would note that through these partner- erty. Yet the truth is that the poverty families in poverty are almost always ships, government funds are only paid rate has barely budged. In 1966, the interconnected. They shouldn’t have to out when the desired outcomes are poverty rate was 14.7 percent. Just this try to navigate the various programs met. month, the U.S. Census Bureau an- that are available to put together the With this bill, we have the chance to nounced that the poverty rate for 2015 funding streams they need to lift them- make a permanent difference in the was 13.5 percent. I would note that is selves out of poverty. Our bill would lives of millions of families in this actually 1 percentage point higher than change that. It encourages an inte- country who are struggling and living the year before the start of the 2008 re- grated, personalized approach. in poverty. We have the opportunity to cession. The point is that despite our Let me give an example. Helping a finally break the multigenerational good intentions and despite the expend- mother secure safe, high-quality child cycle of poverty. We have the chance— iture of trillions of taxpayer dollars, care can have a positive impact not after 50 years of pouring trillions of we have made very little progress in only on her ability to succeed in the dollars into well-intentioned programs lifting families out of poverty. workforce but also by improving her that have had some good benefits but Every State in our Nation is im- child’s readiness for school. While that have not produced the kinds of lasting pacted by poverty. In my State of child is receiving care and an edu- results we need, we have the oppor- Maine, the poverty rate stands at 13.4 cation, her mother can be connecting tunity to change that. percent, just slightly below the na- with a skills training program to help Just as a child’s ZIP Code should not tional rate. Poverty spans rural towns her improve her family’s income. Con- determine his or her future success, so and urban centers, race and ethnicity, necting these various Federal programs should the bureaucratic, siloed ap- men and women, old and young. It di- has the potential to lift entire families proach to poverty not make it so dif- minishes the chances of a bright future out of poverty and break that vicious ficult for families to get the help they for far too many of our children. cycle of intergenerational or multigen- need to escape lives of poverty. We Just this weekend, the Maine Sunday erational poverty. don’t want more cases where a 5-year- Telegram reported a heartwrenching The Two-Generation Economic Em- old girl is living in a makeshift tent story of a 5-year-old girl named powerment Act would create an Inter- outside of the largest city in my State. Arianna, who lived in a makeshift tent agency Council on Multigenerational The Federal Government can be an in the woods outside of Portland. This Poverty to coordinate efforts across effective partner in providing funding, is a picture of Arianna, a darling little Federal agencies and departments in providing opportunities for parents girl only 5 years of age, living outside aimed at supporting vulnerable fami- and their children, lifting up families, in a very crude tent. Thanks to the in- lies. The Council would also make rec- and, in turn, building stronger commu- volvement of a State social worker and ommendations to Congress on ways to nities. State and local governments— the Maine Homeless Veterans Alliance, improve coordination of anti-poverty the laboratories of experimentation in who were committed to keeping the programs and to identify best prac- this country—can be at the forefront of family together, this story, fortu- tices. Similarly, our legislation would these efforts. And the increased flexi- nately, has a happy ending. Arianna instruct the Government Account- bility proposed by our bill would help and her mother now live in an apart- ability Office, GAO, to study and re- reform practices across government.

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.059 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6241 Building public-private partnerships ‘‘(c) Subparagraph (b) shall not apply to a Parliament later confirmed was false and the would also help to spur innovative ap- judicial nomination if, before the end of the Cuban American National Foundation de- proaches and would help generations to period described in subparagraph (a), the nounced as a ‘‘discrediting campaign to mis- come to take part and be full partici- committee to which the judicial nomination inform the people of Cuba and the inter- has been referred votes to report the judicial national community’’; pants in the American dream. nomination unfavorably. Whereas in recognition of his unwavering Again, let me thank my partner Sen- ‘‘(d) In this paragraph, the term ‘judicial efforts to peacefully push for reforms for the ator HEINRICH for his leadership on this nomination’ means the nomination of an in- people of Cuba, El Coco Farin˜ as has been bill. I urge our colleagues to take a dividual to serve as a judge or justice ap- awarded— look at the fresh, innovative approach pointed to hold office during good behav- (1) the 2006 Cyber-Freedom Prize by Re- we have developed to moving families ior.’’. porters Without Borders; out of poverty by breaking down the f (2) the Weimar International Human Rights Award; and silos in Federal programs, by encour- SENATE RESOLUTION 584—AC- (3) the 2010 Sakharov Prize for Freedom of aging local and State and private sec- KNOWLEDGING THE PEACEFUL Thought by the European Parliament; and tor and nonprofit organizations col- HUNGER STRIKE OF GUILLERMO Whereas recognition of the recent hunger laboration, and by giving them the ‘‘EL COCO’’ FARINAS, A POLIT- strike of El Coco Farin˜ as and an expression tools they need to succeed. ICAL DISSIDENT IN CUBA, AP- of solidarity with him and his cause sends a positive signal of the enduring commitment Mr. President, let’s not be here 50 PLAUDING HIS BRAVERY AND years from now noting that the pov- of the people of the United States to the peo- COMMITMENT TO HUMAN ple of Cuba: Now, therefore, be it erty rate is the same as it was when RIGHTS, AND EXPRESSING SOLI- Lyndon Johnson declared the War on Resolved, That the Senate— DARITY WITH HIM AND HIS (1) honors the courage of Guillermo ‘‘El Poverty 50 years ago, which would then CAUSE Coco’’ Farin˜ as in standing up to the relent- be 100 years ago. Let’s try a different less repression of the Government of Cuba; Mr. CRUZ (for himself, Mr. RUBIO, approach. (2) recognizes El Coco Farin˜ as for his per- Thank you, Mr. President. and Mr. MENENDEZ) submitted the fol- severance in seeking meaningful change for lowing resolution; which was referred f the people of Cuba through peaceful means; to the Committee on Foreign Rela- (3) acknowledges that the efforts of the SUBMITTED RESOLUTIONS tions: Government of Cuba to undermine the latest S. RES. 584 hunger strike of El Coco Farin˜ as, through the release of a fabricated report, failed to Whereas Fidel Castro and Raul Castro have SENATE RESOLUTION 583—AMEND- diminish the international attention that his led an oppressive, totalitarian, 1-party Com- ING THE STANDING RULES OF hunger strike attracted to the human rights munist state in Cuba for 57 years; situation in Cuba; and THE SENATE TO ENSURE THAT Whereas the Castro regime has (4) expresses solidarity and support for El THE SENATE VOTES ON WHETH- unyieldingly violated basic human rights Coco Farin˜ as, his valiant efforts, and his ER TO CONFIRM JUDICIAL NOMI- and steadfastly suppressed peaceful dissent commitment to basic human freedoms for NEES in Cuba, despite nonviolent calls for change the people of Cuba. Mr. UDALL submitted the following in Cuba and internationally; f resolution; which was referred to the Whereas the unconditional reestablish- ment of diplomatic relations between the Committee on Rules and Administra- SENATE RESOLUTION 585—DESIG- United States and Cuba has failed to mean- NATING OCTOBER 26, 2016, AS tion: ingfully improve the predicament of the peo- S. RES. 583 ple of Cuba; ‘‘DAY OF THE DEPLOYED’’ Resolved, Whereas Guillermo ‘‘El Coco’’ Farin˜ as is Mr. HOEVEN (for himself, Mr. ROB- SECTION 1. VOTES ON JUDICIAL NOMINEES. an internationally renowned Cuban dissident ERTS, Ms. HEITKAMP, Mr. PETERS, and Rule XXXI of the Standing Rules of the dedicated to advocating for political free- Mr. TESTER) submitted the following Senate is amended by adding at the end the doms and human rights in Cuba; resolution; which was considered and Whereas the Communist Party of Cuba has following: agreed to: ‘‘8. (a) Not later than 180 days after the viewed political freedoms and human rights date on which a judicial nomination made by as antithetical to the totalitarian agenda, S. RES. 585 the President is received, the Senate shall and a threat to the existence, of that party; Whereas more than 2,000,000 individuals vote on— Whereas El Coco Farin˜ as has repeatedly serve as members of the Armed Forces of the ‘‘(1) whether the Senate will advise and stated his willingness to give up his own life United States; consent to the judicial nomination; or for the cause of freedom and liberty in Cuba; Whereas several hundred thousand mem- ‘‘(2) a motion to invoke cloture on the judi- Whereas El Coco Farin˜ as held a 7-month bers of the Armed Forces rotate each year cial nomination. hunger strike in 2006 to call attention to the through deployments to 150 countries in ‘‘(b) Except as provided in subparagraph Cuban Government’s practice of Internet every region of the world; (c), if the Senate does not vote on whether censorship in Cuba; Whereas more than 2,700,000 members of the Senate will advise and consent to a judi- Whereas El Coco Farin˜ as held another hun- the Armed Forces have deployed to the area cial nomination or a motion to invoke clo- ger strike in 2010 to protest the Cuban Gov- of operations of the United States Central ture on the judicial nomination during the ernment’s practices of making politically Command since the September 11, 2001, ter- period described in subparagraph (a), on the motivated arrests and maintaining prisoners rorist attacks; first day on which the Senate is in session of conscience; Whereas the United States is kept strong after the end of the period described in sub- Whereas the Government of Cuba denied El and free by the loyal military personnel from paragraph (a)— Coco Farin˜ as an exit visa in 2010 to travel to the total force (the regular components, the ‘‘(1) if the judicial nomination was referred Strasbourg, France to receive the European National Guard, and the Reserves), who pro- to a committee and has not been reported, Parliament’s Sakharov Prize for Freedom of tect the precious heritage of the United the committee shall be discharged from fur- Thought, in recognition of the efforts of El States through their declarations and ac- ther consideration of the judicial nomina- Coco Farin˜ as to peacefully advocate for po- tions; tion and the judicial nomination shall be litical freedoms in Cuba; Whereas members of the Armed Forces placed on the calendar without any inter- Whereas at the funeral of fellow activist serving at home and abroad have coura- vening action or debate; Oswaldo Paya´ , who is widely believed to geously answered the call to duty to defend ‘‘(2) the Senate shall proceed to the judi- have been murdered by the Castro regime, El the ideals of the United States and to pre- cial nomination without any intervening ac- Coco Farin˜ as was among dozens of dissidents serve peace and freedom around the world; tion or debate; who were arbitrarily arrested; Whereas members of the Armed Forces per- ‘‘(3) the Senate shall proceed to the ques- Whereas El Coco Farin˜ as initiated another sonify the virtues of patriotism, service, tion ‘Is it the sense of the Senate that the hunger strike in the summer of 2016 to call duty, courage, and sacrifice; debate shall be brought to a close?’ with re- international attention to the continued Whereas the families of members of the spect to the judicial nomination, in the same brutality committed by the Cuban Govern- Armed Forces make important and signifi- manner as if a motion to invoke cloture had ment; cant sacrifices for the United States; and been made under rule XXII, except that Whereas, on September 12, 2016, El Coco Whereas the Senate designated October 26 there shall be not more than 4 hours of de- Farin˜ as ended that hunger strike following as ‘‘Day of the Deployed’’ in 2011, 2012, 2013, bate on such question; and the release of a fabricated report that the 2014, and 2015: Now, therefore, be it ‘‘(4) it shall not be in order to move to pro- had conditioned relations Resolved, That the Senate— ceed to the consideration of any other mat- with Cuba on improvements in the human (1) designates October 26, 2016, as ‘‘Day of ter until such question is disposed of. rights situation in Cuba, which the European the Deployed’’;

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.060 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6242 CONGRESSIONAL RECORD — SENATE September 28, 2016 (2) honors the deployed members of the SENATE RESOLUTION 587—PERMIT- Resolved, That the Senate— Armed Forces of the United States and the TING THE COLLECTION OF (1) recognizes the month of October 2016 as families of the members; CLOTHING, TOYS, FOOD, AND ‘‘National Principals Month’’; and (3) calls on the people of the United States HOUSEWARES DURING THE HOLI- (2) honors the contribution of principals in to reflect on the service of those members of the elementary schools, middle schools, and DAY SEASON FOR CHARITABLE high schools of the United States. the Armed Forces, wherever the members PURPOSES IN SENATE BUILD- serve, past, present, and future; and f (4) encourages the people of the United INGS States to observe the Day of the Deployed Mr. ISAKSON (for himself and Mr. SENATE RESOLUTION 589—HON- with appropriate ceremonies and activities. BLUMENTHAL) submitted the following ORING THE 50TH ANNIVERSARY resolution; which was considered and OF REFORMED THEOLOGICAL f agreed to: SEMINARY S. RES. 587 Mr. WICKER (for himself, Mr. COCH- SENATE RESOLUTION 586—HON- Resolved, RAN, and Mr. GRAHAM) submitted the ORING THE LIFE OF JACOB SECTION 1. COLLECTION OF CLOTHING, TOYS, following resolution; which was re- WETTERLING AND RECOGNIZING FOOD, AND HOUSEWARES DURING ferred to the Committee on the Judici- THE HOLIDAY SEASON FOR CHARI- THE EFFORTS OF JACOB TABLE PURPOSES IN SENATE BUILD- ary: WETTERLING’S FAMILY TO FIND INGS. S. RES. 589 ABDUCTED CHILDREN AND SUP- (a) IN GENERAL.—Notwithstanding any Whereas Reformed Theological Seminary PORT THE FAMILIES OF THOSE other provision of the rules or regulations of was founded in Jackson, Mississippi, in 1966, CHILDREN the Senate— with the mission of serving the Christian (1) a Senator, officer of the Senate, or em- community by preparing Christian leaders Ms. KLOBUCHAR (for herself and Mr. ployee of the Senate may collect from an- through a program of graduate theological other Senator, officer of the Senate, or em- FRANKEN) submitted the following res- education; ployee of the Senate within Senate buildings olution; which was considered and Whereas the vision for Reformed Theo- nonmonetary donations of clothing, toys, logical Seminary originated in a prayer agreed to: food, and housewares for charitable purposes meeting of the following 5 Mississippi pas- related to serving persons in need or mem- S. RES. 586 tors: Sam Patterson, Erskine Jackson, John bers of the Armed Forces and the families of Reed Miller, James Spencer, and William Whereas Jacob Wetterling’s parents faced those members during the holiday season, if Stanway; the unimaginable tragedy of having their 11- the charitable purposes do not otherwise vio- Whereas the founders of Reformed Theo- year-old son, Jacob Wetterling, abducted late any rule or regulation of the Senate or logical Seminary were Sam Patterson, Rob- near their home in Stearns County, Min- of Federal law; and ert Cannada, Erskine Wells, Frank Horton, nesota, on October 22, 1989; (2) a Senator, officer of the Senate, or em- Bob Kennington, and Frank Tindall, and Whereas Jacob Wetterling was taken at ployee of the Senate may work with a non- early board members included Elliott Belch- gunpoint and his disappearance remained un- profit organization with respect to the deliv- er, Robert Rugeley, Hugh Potts, Emory solved for nearly 27 years; ery of donations described under paragraph Folmar, Gettys Guille, H.S. Williford, Sr., Whereas Jacob Wetterling’s body was not (1). Horace Hull, Charles Harmon, and Roy recovered until September of 2016; (b) EXPIRATION.—The authority provided LeCraw, many of whom were prominent Mis- Whereas Jacob Wetterling’s mother brave- by this resolution shall expire at the end of sissippians; ly turned her grief into action and devoted the second session of the 114th Congress. Whereas Reformed Theological Seminary her life to advocating for missing and ex- f opened its doors to 14 students from 8 col- ploited children; leges and 3 denominations in 1966, and has Whereas Jacob Wetterling’s mother has be- SENATE RESOLUTION 588—RECOG- educated well over 12,000 students through come a nationally recognized educator on NIZING THE MONTH OF OCTOBER the years, with over 6,000 graduates serving child abduction and the sexual exploitation 2016 AS ‘‘NATIONAL PRINCIPALS the Lord and the Christian Church in more of children; MONTH’’ than 80 countries around the world; Whereas Jacob Wetterling’s mother serves Whereas Reformed Theological Seminary Mr. FRANKEN (for himself, Mr. CAR- on the Board of Directors of the National is the largest accredited seminary in the Center for Missing and Exploited Children; PER, Mr. WYDEN, Mr. HEINRICH, Mr. State of Mississippi; Whereas Jacob Wetterling’s parents co- DURBIN, Mrs. FEINSTEIN, Mr. COCHRAN, Whereas Reformed Theological Seminary has campuses and extensions in— founded the Jacob Wetterling Resource Cen- and Mr. BOOZMAN) submitted the fol- (1) Jackson, Mississippi; ter to educate communities about child safe- lowing resolution; which was consid- (2) Orlando, Florida; ty issues to prevent child exploitation and ered and agreed to: (3) Charlotte, North Carolina; abductions; S. RES. 588 (4) Atlanta, Georgia; Whereas Jacob Wetterling’s mother au- Whereas the National Association of Sec- (5) Houston, Texas; thored the publication ‘‘When Your Child is ondary School Principals, the National Asso- (6) Memphis, Tennessee; Missing: A Family Survival Guide’’, along ciation of Elementary School Principals, and (7) McLean, Virginia; and with 4 other families; the American Federation of School Adminis- (8) , New York; Whereas Jacob Wetterling’s mother served trators have declared the month of October Whereas Reformed Theological Seminary for more than 7 years as Director of Sexual 2016 to be ‘‘National Principals Month’’; has established a global distance education Violence Prevention for the Minnesota De- Whereas principals are educational vision- program with online students on every popu- partment of Health; aries, instructional and assessment leaders, lated continent, and a doctoral program with Whereas the Star Tribune selected Jacob disciplinarians, community builders, budget Mackenzie University in Sa˜ o Paulo, ; Wetterling’s mother as one of the ‘‘100 Most analysts, facilities managers, and adminis- Whereas Reformed Theological Seminary Influential Minnesotans of the Century’’; trators of legal and contractual obligations; is one of the largest accredited theological Whereas the efforts of Jacob Wetterling’s Whereas principals work collaboratively seminaries in North America, having pre- mother led to the passage of the Jacob with teachers and parents to develop and im- pared students for service in over 73 denomi- Wetterling Crimes Against Children and Sex- plement a clear mission, high curriculum nations, and with graduates who have start- ually Violent Offender Registration Act standards, and performance goals; ed no fewer than 23 theological educational (Public Law 103–322; 108 Stat. 2038), a Federal Whereas principals create school environ- institutions around the world; law that requires States to implement a sex ments that facilitate great teaching and Whereas Reformed Theological Seminary offender and crimes against children reg- learning and continuous school improve- has over 40 full-time faculty members in- istry; and ment; structing over 1,500 current students in 9 dif- Whereas Jacob Wetterling’s memory lives Whereas the vision, actions, and dedication ferent degree programs, readying them to on through the efforts of the Wetterling fam- of principals provide the mobilizing force be- serve the Christian Church and all Christians ily: Now, therefore, be it hind any school reform effort; and with a mind for truth, a life for ministry, Whereas the celebration of National Prin- and a heart for the Lord; Resolved, That the Senate— cipals Month would honor elementary Whereas Reformed Theological Seminary (1) honors the life of Jacob Wetterling; and school, middle school, and high school prin- graduates continue on to vocations not only (2) recognizes the efforts of Jacob cipals, and recognize the importance of prin- as pastors, but also as counselors, chaplains, Wetterling’s family to prevent child exploi- cipals in ensuring that every child has access teachers, church planters, missionaries, tation and abductions across the United to a high-quality education: Now, therefore, campus ministers, relief workers, and com- States. be it munity leaders, thus contributing greatly to

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A28SE6.041 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6243 the well-being of their neighbors, commu- Ruth’s longstanding homerun record, stat- Days ago, Scully announced his final nities, and culture, in the United States and ing, ‘‘What a marvelous moment for base- game at Dodger Stadium. around the world; ball, what a marvelous moment for Atlanta It was a game won by the Dodgers on Whereas Reformed Theological Seminary and the State of Georgia, what a marvelous a walk-off homerun, in dramatic fash- has been a blessing to the United States and moment for the country and the world. A an ambassador for the Lord around the black man is getting a standing ovation in ion, to clinch the division. world; and the Deep South for breaking a record of an It was a fitting end to Scully’s sto- Whereas, on October 6 and 7, 2016, Re- all-time baseball idol. And it is a great mo- ried career calling baseball games in formed Theological Seminary will celebrate ment for all of us, and particularly for Henry Los Angeles. When the homerun was its 50th Anniversary: Now, therefore, be it Aaron.’’; and hit, he exclaimed, ‘‘Would you believe Resolved, That the Senate— (3) on October 15, 1988, during Game 1 of a homerun? And the Dodgers have (1) congratulates Reformed Theological the 1988 World Series at Dodger Stadium, clinched the division, and will cele- Vin Scully announced a game-winning, pinch Seminary for 50 years of faith-inspired serv- brate on schedule.’’ ice; hit homerun by injured Los Angeles Dodger (2) expresses profound respect and deep ap- Kirk Gibson against Oakland Athletics’ re- Seconds later, in true Scully-form, he preciation for— liever Dennis Eckersley, declaring, ‘‘High fly remained silent, letting the roar of (A) the transformational impact Reformed ball into right field. She is gone . . . In a year Dodgers fans take over the micro- Theological Seminary has had on the United that has been so improbable, the impossible phone. States; and has happened.’’; Scully’s storytelling over the micro- (B) the beneficent service of Reformed Whereas Vin Scully has described the ex- phone has captured the imagination of Theological Seminary to humanity around ploits of some of baseball’s all-time greats, not just those who have grown up in the world; and including Jackie Robinson, Roy Campanella, Southern California, but all over Amer- (3) expresses heartfelt wishes for continued Sandy Koufax, Don Drysdale, Duke Snider, ica. blessings and achievement in the decades to Don Sutton, Fernando Valenzuela, Tommy come. Lasorda, Orel Hershiser, Mike Piazza, and In fact, so many Americans recall watching Game 1 of the 1988 World Se- f Clayton Kershaw, among many others; Whereas Vin Scully has been nicknamed ries when Kirk Gibson famously hit a SENATE CONCURRENT RESOLU- ‘‘The Shakespeare of Baseball’’, ‘‘The Voice walk-off homerun against Dennis TION 52—HONORING VINCENT ED- of the Dodgers’’, and ‘‘The Voice of Sum- Eckersley. WARD ‘‘VIN’’ SCULLY, THE mer’’; After Scully called the homerun UNITED STATES BASEBALL Whereas Vin Scully has been awarded the shot, he paused to proclaim, ‘‘In a year BROADCASTER WHO HAS MAG- honors of— (1) National Sportscaster of the Year from that has been so improbable, the im- NIFICENTLY SERVED AS THE the National Sports Media Association in possible has happened.’’ PLAY-BY-PLAY ANNOUNCER FOR 1965, 1978, and 1982; The call was a harbinger of things to THE BROOKLYN AND LOS ANGE- (2) Ford Frick Award from the National come, because the Dodgers went on to LES DODGERS FOR 67 MAJOR Baseball Hall of Fame in 1982; win the series against a heavily favored LEAGUE BASEBALL SEASONS (3) induction into the National Sports Oakland Athletics team. SINCE 1950 Media Association Hall of Fame in 1991; (4) induction into the American Sports- Scully first fell in love with baseball Mrs. FEINSTEIN (for herself and casters Association Hall of Fame in 1992; and broadcasting as an 8 year old boy Mrs. BOXER) submitted the following (5) Life Achievement Emmy Award for growing up in New York in 1936. concurrent resolution; which was re- Sportscasting in 1995; He recounted this beginning in a (6) induction into the National Radio Hall ferred to the Committee on the Judici- deeply personal letter he wrote to fans of Fame in 1995; recently, stating, ‘‘God has been very ary: (7) Sportscaster of the Century from the S. CON. RES. 52 American Sportscasters Association in 2000; generous to that little boy, allowing Whereas Vincent Edward ‘‘Vin’’ Scully was (8) induction into the California Sports him to fulfill a dream of becoming a born in the Bronx, New York, on November Hall of Fame in 2008; broadcaster and to live it for 67 years (9) induction into the National Association 29, 1927; . . . You were simply always there for of Broadcasters Broadcasting Hall of Fame Whereas Vin Scully was raised in the me. I have always felt that I needed in 2009; Washington Heights neighborhood of Man- (10) Ambassador Award of Excellence from you more than you needed me and that hattan, New York; the Los Angeles Sports & Entertainment holds true this very day.’’ Whereas when Vin Scully was 8 years old Commission in 2009; We too are immensely fortunate to he decided he wanted to become a sports an- (11) Top Sportscaster of All-Time from the have witnessed Scully’s life-long devo- nouncer; American Sportscasters Association in 2009; tion to the game of baseball. Whereas in 1950, at the age of 22, Vin (12) Baseball Commissioner’s Historic Scully has announced more than 9,000 Scully joined the radio and television broad- Achievement Award in 2014; and cast team for the Brooklyn Dodgers; (13) 32-time California Sportscaster of the Major League Baseball games, and al- Whereas in 1953, at the age of 25, Vin Year; most half of all of the Dodger games Scully became the youngest individual to Whereas, on September 23, 2016, during a ever played. announce the broadcast of a World Series pregame ceremony at Dodgers Stadium to He is credited with teaching the game; honor Vin Scully for his iconic life and con- game of baseball to Los Angeles. Whereas Vin Scully announced Brooklyn tributions, he was likened to Norman Rock- He vividly brought to life the feats of Dodgers’ games through 1957, after which he well and film character George Bailey; and all-time Dodgers greats such as Jackie moved with the Dodgers to Los Angeles as Whereas Vin Scully will announce his final Robinson, Roy Campanella, Sandy the first team in Major League Baseball to game on October 2, 2016, when the Los Ange- play in Southern California; les Dodgers visit the San Francisco Giants: Koufax, Don Drysdale, Duke Snider, Whereas Vin Scully is credited with teach- Now, therefore, be it Don Sutton, Fernando Valenzuela, Orel ing the game of baseball to Los Angeles; Resolved by the Senate (the House of Rep- Hershiser, Tommy Lasorda, Mike Pi- Whereas since 1950, Vin Scully has an- resentatives concurring), That Congress— azza, and Clayton Kershaw. nounced more than 9,000 Major League Base- (1) honors the life and legendary career of This is why his voice evokes so many ball games and almost 1⁄2 of all Los Angeles Vincent Edward ‘‘Vin’’ Scully, whose char- memories for so many people. Dodgers games ever played; acter, artistry, and storytelling as an an- But even beyond his artistic accom- nouncer for the Brooklyn and Los Angeles Whereas Vin Scully has announced numer- plishments, Vin Scully is about as fine ous iconic moments in baseball history, in- Dodgers has set the standard for sports an- cluding— nouncing; and a person as you will meet. Those who (1) on September 9, 1965, Vin Scully an- (2) wishes Vin Scully a fulfilling retire- know him closely remark of his char- nounced Los Angeles Dodgers’ pitcher Sandy ment as he bids farewell to the broadcast acter and humility. They speak of his Koufax’s perfect game against the Chicago booth following the 2016 Major League Base- desire simply to be a decent man, a Cubs, concluding, ‘‘Sandy Koufax, whose ball season. good husband, father, and grandfather. name will always remind you of strikeouts, Mrs. FEINSTEIN. Mr. President, I This humility and grace was re- did it with a flourish. He struck out the last rise to submit a concurrent resolution flected in his broadcast style. He was 6 consecutive batters. So when he wrote his name in capital letters in the record book, to honor the great Vin Scully—a mag- never one to , and did all he could that ‘K’ stands out more than the ‘oufax’.’’; nificent baseball announcer for the Los to enhance the game he loved. Often (2) on April 8, 1974, Vin Scully called the Angeles Dodgers for the past 67 Major times, he let the roar of the crowd 715th homerun by Hank Aaron to break Babe League Baseball seasons. speak for itself.

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A28SE6.042 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6244 CONGRESSIONAL RECORD — SENATE September 28, 2016 I want to thank Senator BOXER for and the families of those who have engaged for the Legislative Branch for the fis- cosponsoring the resolution to honor in terrorism or acts of violence against cal year ending September 30, 2017, and Scully, as he takes his final curtain Israelis or the State of Israel, including re- for other purposes; which was ordered call from the broadcast booth next ports of approximately $300,000,000 in 2016; to lie on the table; as follows: Whereas efforts to impose a solution or pa- week. rameters for a solution can make negotia- At the appropriate place, insert the fol- lowing: I also want to express my thanks to tions more difficult and can set back the House Democratic Caucus Chairman cause of peace; SEC. lll. NO BUDGET NO PAY. XAVIER BECERRA for leading the House Whereas it is long-standing practice of the (a) SHORT TITLE.—This section may be effort on this resolution. United States Government to oppose and, if cited as the ‘‘No Budget, No Pay Act’’. (b) DEFINITION.—In this section, the term necessary, veto United Nations Security f ‘‘Member of Congress’’— Council resolutions dictating additional SENATE CONCURRENT RESOLU- (1) has the meaning given under section binding parameters on the peace process; 2106 of title 5, United States Code; and TION 53—DIRECTING THE CLERK Whereas it is also the historic position of (2) does not include the Vice President. OF THE HOUSE OF REPRESENTA- the United States Government to oppose and (c) TIMELY APPROVAL OF CONCURRENT RES- TIVES TO MAKE A CORRECTION veto, if necessary, one-sided or anti-Israel OLUTION ON THE BUDGET AND THE APPROPRIA- IN THE ENROLLMENT OF H.R. resolutions at the United Nations Security TIONS BILLS.—If both Houses of Congress 5325 Council; have not approved a concurrent resolution Whereas, for this reason, the United States on the budget as described under section 301 Mr. COCHRAN submitted the fol- has vetoed 42 Israel-related resolutions in of the Congressional Budget and Impound- lowing concurrent resolution; which the United Nations Security Council since ment Control Act of 1974 (2 U.S.C. 632) for a was considered and agreed to: 1972; fiscal year before October 1 of that fiscal Whereas the Palestinian Authority must S. CON. RES. 53 year and have not passed all the regular ap- engage in broad, meaningful, and systemic propriations bills for the next fiscal year be- Resolved by the Senate (the House of Rep- reforms in order to ultimately prepare its in- fore October 1 of that fiscal year, the pay of resentatives concurring), That, in the enroll- stitutions and people for statehood and each Member of Congress may not be paid for ment of the bill H.R. 5325, the Clerk of the peaceful coexistence with Israel; and each day following that October 1 until the House of Representatives shall make the fol- Whereas unilateral recognition of a Pales- date on which both Houses of Congress ap- lowing correction to the title so as to read: tinian state would bypass negotiations and prove a concurrent resolution on the budget ‘‘Making continuing appropriations for fiscal undermine incentives for the Palestinian Au- for that fiscal year and all the regular appro- year 2017, and for other purposes.’’. thority to make the changes necessary that priations bills. f are pre-requisites for peace: Now, therefore, (d) NO PAY WITHOUT CONCURRENT RESOLU- TION ON THE BUDGET AND THE APPROPRIATIONS SENATE CONCURRENT RESOLU- be it Resolved by the Senate (the House of Rep- BILLS.— TION 54—EXPRESSING THE resentatives concurring), that is it the sense of (1) IN GENERAL.—Notwithstanding any SENSE OF CONGRESS AND RE- Congress that— other provision of law, no funds may be ap- AFFIRMING LONGSTANDING (1) a durable and sustainable peace agree- propriated or otherwise be made available UNITED STATES POLICY IN SUP- ment between Israel and the Palestinians from the United States Treasury for the pay PORT OF A DIRECT BILAT- will come only through direct bilateral nego- of any Member of Congress during any period ERALLY NEGOTIATED SETTLE- tiations between the parties; determined by the Chairpersons of the Com- (2) any widespread international recogni- mittee on the Budget and the Committee on MENT OF THE ISRAELI-PALES- Appropriations of the Senate or the Chair- TINIAN CONFLICT AND OPPOSI- tion of a unilateral declaration of Pales- tinian statehood outside of the context of a persons of the Committee on the Budget and TION TO UNITED NATIONS SECU- peace agreement with Israel would cause se- the Committee on Appropriations of the RITY COUNCIL RESOLUTIONS IM- vere harm to the peace process, and would House of Representatives under subsection POSING A SOLUTION TO THE likely trigger the implementation of pen- (e). CONFLICT alties under sections 7036 and 7041(j) of the (2) NO RETROACTIVE PAY.—A Member of Congress may not receive pay for any period Mr. KIRK (for himself and Mr. Department of State, Foreign Operations, and Related Programs Appropriations Act, determined by the Chairpersons of the Com- BLUMENTHAL) submitted the following 2016 (division K of Public Law 114–113; 129 mittee on the Budget and the Committee on concurrent resolution; which was re- Stat. 2769, 2779); Appropriations of the Senate or the Chair- persons of the Committee on the Budget and ferred to the Committee on Foreign (3) efforts by outside bodies, including the the Committee on Appropriations of the Relations: United Nations Security Council, to impose House of Representatives under subsection S. CON. RES. 54 an agreement or parameters for an agree- (e), at any time after the end of that period. ment are likely to set back the cause of Whereas the United States has long sup- (e) DETERMINATIONS.— peace; ported a negotiated settlement leading to a (1) SENATE.— (4) the United States Government should sustainable two-state solution with the (A) REQUEST FOR CERTIFICATIONS.—On Oc- democratic, Jewish state of Israel and a continue to oppose and veto United Nations tober 1 of each year, the Secretary of the democratic Palestinian state living side-by- Security Council resolutions that seek to Senate shall submit a request to the Chair- side in peace and security; impose solutions to final status issues, or are persons of the Committee on the Budget and Whereas it is the long-standing policy of one-sided and anti-Israel; and the Committee on Appropriations of the Sen- the United States Government that a peace- (5) the United States Government should ate for certification of determinations made ful resolution to the Israeli-Palestinian con- continue to support and facilitate the re- under clause (i) and (ii) of subparagraph (B). flict will only come through direct, bilateral sumption of negotiations without pre-condi- (B) DETERMINATIONS.—The Chairpersons of negotiations between the two parties; tions between Israelis and Palestinians to- the Committee on the Budget and the Com- Whereas President reiter- ward a sustainable peace agreement. mittee on Appropriations of the Senate ated this policy at the United Nations Gen- f shall— eral Assembly in 2011, stating, ‘‘Peace is (i) on October 1 of each year, make a deter- hard work. Peace will not come through AMENDMENTS SUBMITTED AND mination of whether Congress is in compli- statements and resolutions at the United Na- PROPOSED ance with subsection (c) and whether Sen- tions—if it were that easy, it would have SA 5105. Mr. HELLER submitted an ators may not be paid under that subsection; been accomplished by now. Ultimately, it is amendment intended to be proposed to (ii) determine the period of days following the Israelis and the Palestinians who must amendment SA 5082 proposed by Mr. MCCON- each October 1 that Senators may not be live side by side. Ultimately, it is the Israelis NELL (for Mr. COCHRAN) to the bill H.R. 5325, paid under subsection (c); and and the Palestinians—not us—who must making appropriations for the Legislative (iii) provide timely certification of the de- reach agreement on the issues that divide Branch for the fiscal year ending September terminations under clauses (i) and (ii) upon them’’; 30, 2017, and for other purposes; which was the request of the Secretary of the Senate. Whereas the Palestinian Authority has ordered to lie on the table. (2) HOUSE OF REPRESENTATIVES.— failed to end incitement to hatred and vio- (A) REQUEST FOR CERTIFICATIONS.—On Oc- f lence through Palestinian Authority-di- tober 1 of each year, the Chief Administra- rected institutions against Israel and Israelis TEXT OF AMENDMENTS tive Officer of the House of Representatives and to end payments to prisoners and the Mr. HELLER submitted an shall submit a request to the Chairpersons of families of those who have engaged in ter- SA 5105. the Committee on the Budget and the Com- rorism or acts of violence against Israelis or amendment intended to be proposed to mittee on Appropriations of the House of the State of Israel; amendment SA 5082 proposed by Mr. Representatives for certification of deter- Whereas the Palestinian Authority has MCCONNELL (for Mr. COCHRAN) to the minations made under clause (i) and (ii) of continued to provide payments to prisoners bill H.R. 5325, making appropriations subparagraph (B).

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.040 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6245 (B) DETERMINATIONS.—The Chairpersons of be granted floor privileges for the re- fellow congregant—Betty Dewhirst the Committee on the Budget and the Com- mainder of today’s session. Russell—someone I have known for a mittee on Appropriations of the House of The PRESIDING OFFICER. Without long time and someone I knew as a Representatives shall— objection, it is so ordered. member of my home church, First and (i) on October 1 of each year, make a deter- Central Presbyterian in Wilmington, mination of whether Congress is in compli- Mr. CARPER. Mr. President, I ask ance with subsection (c) and whether Mem- unanimous consent that Eric Hanson, a DE. bers of the House of Representatives may not detailee to the Homeland Security and Earlier today, Betty passed away. I be paid under that subsection; Governmental Affairs Committee, be am so honored to have an opportunity (ii) determine the period of days following granted privileges of the floor for the on the floor of the Senate to briefly each October 1 that Members of the House of remainder of the second session of the recognize her for her remarkable serv- Representatives may not be paid under sub- 114th Congress. ice to the United States and for her section (c); and The PRESIDING OFFICER. Without great and soaring spirit. (iii) provide timely certification of the de- objection, it is so ordered. Betty was a young midwestern girl terminations under clauses (i) and (ii) upon when she ventured to St. Louis, MO, in the request of the Chief Administrative Offi- f 1940, to begin her schooling as a nurse. cer of the House of Representatives. MEASURE READ THE FIRST Upon graduation, she volunteered for (f) EFFECTIVE DATE.—This section shall apply on and after February 1, 2017. TIME—H.R. 954 service in the U.S. Army. Betty was posted to Longview, TX, for basic f Mr. RUBIO. Mr. President, I under- stand that there is a bill at the desk, training. While in Longview, she would AUTHORITY FOR COMMITTEES TO and I ask for its first reading. meet her future husband, Lloyd Byron MEET The PRESIDING OFFICER. The Russell, known as Russ, of Wilmington, clerk will read the bill by title for the DE. COMMITTEE ON AGRICULTURE, NUTRITION, AND Betty served her country as a first first time. FORESTRY lieutenant in the Army Nurse Corps The senior assistant legislative clerk Mr. FLAKE. Mr. President, I ask from April 1943 until January 1946 unanimous consent that the Com- read as follows: through the 70th General Hospital. mittee on Agriculture, Nutrition, and A bill (H.R. 954) to amend the Internal Rev- Betty served alongside her uncle, Chief Forestry be authorized to meet during enue Code of 1986 to exempt from the indi- Surgeon Colonel L.D. Cassidy. In some- vidual mandate certain individuals who had the session of the Senate on September thing that she recounted to me a num- 28, 2016, at 12 p.m., in room S–216 of the coverage under a terminated qualified health plan funded through the Consumer Operated ber of times once I was elected to this Capitol. and Oriented Plan (CO-OP) program. body, Betty, during the Second World The PRESIDING OFFICER. Without War and as part of the 70th General objection, it is so ordered. Mr. RUBIO. Mr. President, I now ask for a second reading and, in order to Hospital, cared for hundreds and hun- SUBCOMMITTEE ON EAST ASIA, THE PACIFIC, AND place the bill on the calendar under the dreds of American soldiers, among INTERNATIONAL CYBERSECURITY POLICY provisions of rule XIV, I object to my them two who returned home to serve Mr. FLAKE. Mr. President, I ask in this body as Senators—Bob Dole of own request. unanimous consent that the Com- Kansas and Daniel Inouye of Hawaii. The PRESIDING OFFICER. Objec- mittee on Foreign Relations Sub- Betty received a battle star as the tion having been heard, the bill will be committee on East Asia, the Pacific, 70th General Hospital was awarded the read for the second time on the next and International Cybersecurity Policy European-African-Middle Eastern Cam- legislative day. be authorized to meet during the ses- paign Ribbon. Betty was, understand- sion of the Senate on September 28, f ably, proud of her service, saving so 2016, at 10 a.m., to conduct a hearing ORDERS FOR THURSDAY, many American lives. One cherished entitled ‘‘The Persistent Threat of SEPTEMBER 29, 2016 memory that Betty shared with her and Developing an Effec- family was that when she was caring Mr. RUBIO. Mr. President, I ask for one particularly badly wounded GI, tive U.S. Response.’’ unanimous consent that when the Sen- The PRESIDING OFFICER. Without his last request was to hold close an ate completes its business today, it ad- American flag—a big one, he said. She objection, it is so ordered. journ until 10 a.m., Thursday, Sep- SUBCOMMITTEE ON IMMIGRATION AND NATIONAL went to the Red Cross, and they gave tember 29; that following the prayer her a big American flag. She spread it INTEREST and pledge, the morning hour be Mr. FLAKE. Mr. President, I ask over his body. He put his arms around deemed expired, the Journal of pro- it, smiled, and took his last breath. unanimous consent that the Com- ceedings be approved to date, and the mittee on the Judiciary, Sub- Betty and Russ were married in Oran, time for the two leaders be reserved for Algeria. Being military and married in committee on Immigration and the Na- their use later in the day; finally, that tional Interest be authorized to meet a foreign country required cutting following leader remarks, the Senate through a lot of redtape. They were during the session of the Senate on be in a period of morning business, eventually married twice—once by the September 28, 2016, at 10 a.m., in room with Senators permitted to speak French Government and once by the SD–226 of the Dirksen Senate Office therein for up to 10 minutes each. U.S. Army. Betty and Russ returned to Building, to conduct a hearing entitled The PRESIDING OFFICER. Without live in our hometown of Wilmington, ‘‘Oversight of the Administration’s FY objection, it is so ordered. DE, and eventually settled in 2017 Refugee Resettlement Program.’’ Hockessin. They were married for 53 The PRESIDING OFFICER. Without f years before Russ passed in 1998. ORDER FOR ADJOURNMENT objection, it is so ordered. Betty and Russ’s four children were f Mr. RUBIO. If there is no further born and raised in Delaware. She business to come before the Senate, I served her community faithfully, by PRIVILEGES OF THE FLOOR ask unanimous consent that it stand helping to establish the Hockessin Well Mrs. FISCHER. Mr. President, I ask adjourned under the previous order, Baby Clinic, by serving as a Cub Scouts unanimous consent that Daniel Ball, following the remarks of Senators CAR- den mother, as a volunteer at the jun- an FCC detailee with the Commerce PER and COONS. ior board of Memorial Hospital, at the Committee, be granted floor privileges The PRESIDING OFFICER. Without Wilmington Flower Market for over 50 for the duration of the 114th Congress. objection, it is so ordered. years, and as a charter member of the The PRESIDING OFFICER. Without The Senator from Delaware. Hockessin Community Club. Betty was objection, it is so ordered. f also a longtime board member of the Mr. CARPER. Mr. President, I ask Lamborn Library and of the Friends of unanimous consent that Ian Foss, a REMEMBERING BETTY DEWHIRST the Hockessin Library in Hockessin detailee on the HELP Committee, the RUSSELL and a faithful member of First and Health, Education, Labor, and Pen- Mr. COONS. Mr. President, I rise Central Presbyterian Church for 70 sions Committee for Senator MURRAY today to speak in honor of a friend, a years.

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A28SE6.048 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE S6246 CONGRESSIONAL RECORD — SENATE September 28, 2016 Betty has lived a full and wonderful fornia, and his training paid off. In 12. He took them camping and fishing, life—full of dedicated service to her July 2002, at a house fire in Claymont, to the beach and Cub Scouts, and al- faith, her family, and her country. She a firefighter from the ladder company ways found a way to be there for their always saw the best in others, and she fell through the first floor and into the every activity. Chris lived for his kids. always had a hopeful attitude about basement. Chris and two others saved Chris lost his own father Michael to the day that lay ahead. So I am grate- that firefighter’s life, earning Chris a cancer in 2004 and always kept his ful for having had the opportunity to series of recognitions, including Fire- dad’s funeral card in his helmet. Chris know Betty for just a few years in our man of the Year from New Castle Coun- honored his father by being a great dad wonderful home State. I am so grateful ty Volunteer Fire Service and the himself, just as Michael was to him. We for the career and the life of service Claymont Fire Company. can only hope that in the brief time that Betty Russell gave as a gift to all Several months later, Chris joined each of us has here, that we shine of us in Delaware and in this grateful the Wilmington Fire Department, brightly and relentlessly for the people Nation. where he was assigned to Engine 4B we love and the community we serve. Thank you. Platoon. He was only there for a couple Few shine as brightly as Chris Leach The PRESIDING OFFICER. The Sen- of years before being transferred to the did. ator from Delaware. Special Operations Command of Engine With that, I yield the floor to my col- Mr. COONS. Mr. President, I ask 1B, where he was quickly recognized league from Delaware Senator CARPER, unanimous consent to engage in a col- for his work, and then Rescue 1B. At who will share some words about an- loquy with Senator CARPER for up to 30 the time of his passing, he was serving other hero we also lost on Saturday, minutes. with Engine 6. senior firefighter Jerry Fickes. The PRESIDING OFFICER. Without All this time, Chris never stopped Mr. CARPER. Mr. President, I thank objection, it is so ordered. learning and improving. He never my colleague CHRIS COONS for allowing f stopped acting on his passion for fire- me to join him and together offer this fighting. He researched and applied for tribute to Chris Leach and Jerry HONORING CHRISTOPHER LEACH and earned a $200,000 grant for extra Fickes. AND JERRY FICKES training and equipment. He wrote the Earlier today, the floor was busy Mr. COONS. Mr. President, it is with standard operating procedures for the with activity—and really joyful activ- a heavy heart that Senator CARPER and Special Operations Command. He ity—as Democrats and Republicans I come to the floor this evening to trained as an instructor in NIMS, the tried to work together to come to an honor Chris Leach and Jerry Fickes, National Incident Management Sys- agreement on a spending plan to fund two brave Wilmington firefighters who tem, and made sure that every our government past the end of this fis- lost their lives this past Saturday Talleyville volunteer member became cal year and into the beginning of the night. In any State or in any commu- certified in the NIMS system. He coming fiscal year. We worked out nity, the loss of a firefighter or police served on the Newcastle County Task some difficult compromises. There was officer is devastating, but in our small Force Rescue Team and earned a bach- actually a lot of joy here as we said State of neighbors, a close-knit State elor of science degree in fire service ad- goodbye to one another and headed for with an even closer knit first responder ministration from Waldorf University. our respective States until after the community, a community that in- Throughout a long and distinguished election. cludes families and multiple genera- firefighting career, Chris was con- So on the heels of what was really a tions, it is especially hard. stantly achieving and growing, saving rather joyous afternoon comes a far To those who knew Chris and Jerry, lives and building new skills. Described more serious one, and that is the op- it must be little comfort now that we by so many I have spoken to as a ‘‘fire- portunity to say goodbye and to say are here on the floor of the U.S. Senate fighter’s firefighter,’’ his commitment thank you to a couple of Delawareans to pay tribute to their lives, but in the to his brothers and sisters at the fire- who were really true public servants next few minutes, we hope to capture house was relentless. If he thought the who tragically lost their lives this past just a fraction of the light they department needed something done, he weekend in trying to save the lives of brought to their families and our com- would go do it himself. If the fire com- others—Chris Leach and Jerry Fickes. munity with their love and service. pany couldn’t afford something, he I am going to talk about Jerry, since Lieutenant Christopher Leach wasn’t would find a way to make it happen. Senator COONS has shared with us some supposed to be working on Saturday That commitment went beyond just his wonderful words about Lieutenant night, but he filled in for another fire- professional leadership. I have heard Chris Leach. fighter, likely thinking it would be a from so many who said Chris was a On Saturday, Jerry Fickes, a 13-year shift like any other shift. He was al- good, loyal, and faithful friend. He was veteran of the Wilmington Fire Depart- ways willing to step forward and serve. a softball teammate and also a prac- ment, rushed into a burning home After getting the call that there was tical joker, a lover of Billy Joel and along with his colleague, Chris and a fire in a Canby Park row house, Chris Lynyrd Skynyrd, a so-called Mr. Fix- others, when a member of the team be- did what he had been training to do It, and king of nicknames. He was a big lieved to be Chris became trapped in since 1993. Chris did what he told his guy with a big heart and a deep voice the blaze. friends, all the way back to Salesianum who couldn’t hide when he entered a They were told, I understand from High School, he always wanted to do as room. Chris was someone who volun- those who were present at the fire, that long as they could remember—fight teered at the firehouse on his days off when the Wilmington Fire Department fires. and visited elementary schools to talk showed up, they were led to believe Chris grew up in the volunteer fire about his love of firefighting and to that there were people inside the service. He joined the Tallyville Fire help persuade a young generation to house; the house was on fire, and they Company in 1993 at the age of 18, rising join him. needed to be saved. Once inside the steadily through the ranks of the vol- As his friend Andy Millis described building, I think they went into the unteer fire service to captain. The him, Chris ‘‘was a lieutenant you want- basement, but the floor above them ap- more time he spent at the firehouse, ed to work for.’’ He loved his job, he parently gave way, and their lives were the more he loved it. Four years later, loved his colleagues, and he loved his lost in that fire. at age 22, Chris joined the Claymont responsibility, but there was nothing Two other firefighters were critically Fire Company and served as a full-time he loved more than his family. His burned, and, hopefully, they are going firefighter and EMT there. mother Fran, his sister Katie and to live, but one was burned on 70 per- Chris was a lifelong learner, doing Katie’s wife Carolee, his fiancee Kate cent of her body. Our hopes and prayers whatever he could to develop new skills and her boys Landon and Casey. Most are with her and with her fellow col- to support his crewmates and help save of all, Chris loved his beautiful chil- league who also received very serious lives. dren. He said there was nothing greater burn damage. Chris took classes all over our coun- than being a father to his kids, Jerry Fickes was a husband, a father, try, from Virginia to Texas, to Cali- Brendon, age 16; Abby, 14; and Megan, a U.S. Army veteran, and a beloved

VerDate Sep 11 2014 09:35 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\G28SE6.113 S28SEPT1 emcdonald on DSK9F6TC42PROD with SENATE September 28, 2016 CONGRESSIONAL RECORD — SENATE S6247 member of Delaware’s firefighter fam- Alico in Wilmington, DE, a company Charter, both learned from their dad ily. That is a strong family, as Senator with which Senator COONS and I are what is really important in life; that COONS knows—a strong family and well familiar, and the newlyweds with is, to serve others. To shake adults’ strong bond. We are very proud of them their hard-to-pronounce last name hands and look them right in the eye, all. came to the East Coast. Jerry worked to give up your seat on the subway or He was born not in Delaware but in at Alico for a while and then later be- the bus or the train for somebody else. Evanston, IL, to his mom Jo Ann who came a consultant for Ernst and Young That is the way Jerry lived his life, and sadly predeceased him, and to his fa- in Philadelphia. that is what he passed down to his chil- ther Jerry after whom Jerry Fickes, But something always nagged at dren. Jr., is named. Jerry. Jerry had the heart of a servant, Jerry was a true public servant. He Jerry grew up in Illinois and later and when the first gulf war came devoted his entire adult life to others. moved to Overland Park, KS, a suburb around, he knew he could use his train- He was also a man of deep faith. His of Kansas City. Jerry’s early life was ing in chemical warfare to be an asset service, and ultimately his sacrifice, full of innocent mischief and football to the Army. He called his reserve unit reminds me—and I know Senator games outside with his neighbors and in Kansas to be put on the activation COONS—of a passage from the Book of his five brothers and sisters: Karen, list, but at the time, and much to his John: ‘‘Greater love hath no man than Jeri, Kimberly, Steven, and David. wife’s relief, he was not called up. this, that a man lay down his life for The neighborhood kids played to- But Jerry wanted to do more, so it his friends.’’ gether so much—constantly crossing didn’t surprise Laura one bit when While no words can ease the suffering through each other’s yards, I am told, Jerry decided to join the Aetna Hose of Jerry’s family, we seek solace in the to get to different houses—that the Hook and Ladder Company in Newark, memory of a life lived for others and a neighbors were unsuccessful at keeping DE, as a volunteer firefighter. For over life given to others by a brave and self- shrubs along their proper line. It re- a decade, he selflessly juggled his fire- less man. minds me of growing up in Danville, fighting duties with a full-time career I pray and will continue to pray for VA. in financial services and a new family Jerry’s wife of 26 years, Laura; their When Jerry started his freshman that would eventually include two two sons, Ben and Josh; Jerry’s dad, year at Washburn University in To- young sons, Ben and Josh. It also Jerry, Sr.; his brothers, Steven and peka, KS, his grades were less than didn’t surprise Laura when, after 12 David; his sisters, Karen, Jeri, and stellar, but in reality Jerry was just years of volunteering, Jerry could no Kimberly; and many, many nieces and bored. Once he joined the Army ROTC, longer ignore his true calling. He gave nephews and his brothers and sisters in things turned around. The Army ROTC up his job at financial services to work the Wilmington fire service. gave him structure, and he became Words can never express the pride we full-time with the Wilmington fire very driven and goal oriented. By the have in our hearts for our firefighters company. time he reached his junior year in col- in Delaware, the City of Wilmington, From day one, Jerry jumped at the lege, during which he would meet his and throughout our State. How grate- chance to take every call that came in future wife Laura while she was work- ful we are for their sacrifice and for on his shift. Because of this, his fellow ing the phone in their dorm’s office, that of their families because the work firefighters called Jerry a dynamo. Jerry had it all together. they do every day and the work Jerry Sometimes his determination to get Jerry was a serious student, but he did and really gave up his life for is un- the job done right would leave Jerry was also known to be a fun-loving guy. like any other. From the moment he covered in melted roof shingles or He graduated with a degree in com- and his fellow firefighters put on that draped in insulation from an attic, puter science and mathematics but uniform every morning, they answered while ’s gear was nearly also had a lot of gym credits because a call that they knew could put their he made being active a priority. His clean. Those mischievous days running lives at risk in just a moment. motto became ‘‘Mind, Body, Spirit: If around the neighborhood in Kansas I am reminded of the words of the you have all three, then you’re sound.’’ weren’t far off. Around the firehouse, firefighters’ prayer that goes some- College and the ROTC taught Jerry Jerry was known, very much like Chris thing like this: ‘‘When I am called to there is lot more to learning than just Leach, as a prolific prankster. His duty, God, wherever flames may race, memorizing facts, and that is when ev- friends recall that he would often pull give me the strength to save some life, erything started to click for Jerry. He a prank and then sit back, watching whatever be its age . . . and if, accord- took actuarial exams before graduating and waiting as everyone tried to figure ing to our fate, I have to lose my life, college and started his obligation to out who was responsible for this latest please bless with Your protecting hand the Army with officer training in Fort joke. my children and my wife.’’ Benning. He took a test and scored so Jerry lived a full life, but perhaps no The prayer embodies the selflessness well that the Army asked him what he job was more important to him than that Jerry Fickes displayed every sin- would like to do. That doesn’t happen helping to raise two sons, Ben and gle day. He took an oath to serve, every day. Jerry told them he wanted Josh. He was also interested in hearing knowing that one day he might not to join the infantry because he wanted about his sons and even about their come home but feeling even more to make a difference, and that is where friends, their interests, their goals, and strongly that he had to help others. we felt he could best do it. their projects. He was the first to help Now it is my hope that our community I think that tells us a lot about the them research a science project, chap- of Delaware can be a part of protecting kind of man Jerry Fickes was. erone big gatherings, or teach Sunday him and looking after Jerry’s family, His wife Laura recalls the first time school at Grace Lutheran Church in his wife, and children, helping to com- she met Jerry—in a tiny office in his Hockessin. fort them in their time of need and dorm building where she answered the Even though Jerry didn’t care much looking out for them in the days to phones. When people would call for for running, he knew how much his son come. him, everyone would say his name dif- Ben did. Jerry was so interested in his To all of Delaware’s firefighters who ferently—Fix, Ficks—and Laura could son’s passion that Jerry did the first are in mourning, who continue to put never find his name in the directory few triathlons with Ben, and this past on their gear every day to go to work until finally one day she met him in May they both ran a marathon. Imag- to protect our communities, we salute person. She asked him: How do you say ine that: son and father. And they were you. We say thank you. And thank you your name? He just replied: You can both getting excited to run the next for your unwavering commitment to say whatever you want to say, and race. In fact, just last week Jerry was lives lived in service to others. You are walked away. Little did she or he know thrilled to learn that his son had quali- an inspiration to us all. So was Jerry. that someday she would take that fied for the Boston Marathon, a huge God bless each and every one of you, name, just a few years later, as her point of pride for him. and may God bless Jerry Fickes. own. Ben, a Charter School of Wilmington I yield the floor. Once married, Jerry had the oppor- graduate and now a freshman at North- Mr. COONS. Mr. President, I thank tunity to become an actuary with eastern in Boston, and Josh, a junior at Senator CARPER.

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They have TERM EXPIRING JANUARY 26, 2022, VICE CATHY M. DAVID- SON, TERM EXPIRED. We are thankful as well for the safety served their communities and their DIANE SUZETTE HARRIS, OF UTAH, TO BE A MEMBER of John Cawthray and Peter Cramer brothers and sisters and firehouse tire- OF THE NATIONAL COUNCIL ON THE HUMANITIES FOR A TERM EXPIRING JANUARY 26, 2022, VICE PAULA BARKER and Terrance Tate, firefighters who lessly, all while risking their lives DUFFY, TERM EXPIRED. were also injured in the fire and for all every day, leaving for a shift not know- VIRGINIA JOHNSON, OF NEW YORK, TO BE A MEMBER OF THE NATIONAL COUNCIL ON THE ARTS FOR A TERM of their colleagues. ing if they would come home that EXPIRING SEPTEMBER 3, 2020, VICE AARON PAUL For Delaware’s first responder com- night or the next morning. That is DWORKIN, TERM EXPIRED. munity, in some ways, tomorrow will SYLVIA OROZCO, OF TEXAS, TO BE A MEMBER OF THE what a hero looks like. NATIONAL COUNCIL ON THE ARTS FOR A TERM EXPIRING be like any other. Our firefighters, our This week and the weeks to come, I SEPTEMBER 3, 2022, VICE PAUL W. HODES, TERM EX- PIRED. police officers, our EMTs and para- know Senator CARPER and I and our STATE JUSTICE INSTITUTE medics will be on call, keeping us safe whole community will remember, and secure, and we, the rest of us in our mourn, pray for, and be grateful for WILFREDO MARTINEZ, OF FLORIDA, TO BE A MEMBER community and State and country, will OF THE BOARD OF DIRECTORS OF THE STATE JUSTICE Chris and Jerry. Like a child watching INSTITUTE FOR A TERM EXPIRING SEPTEMBER 17, 2019. go on about our lives, many folks real- an engine rush by, we will see their (REAPPOINTMENT) ly not thinking about them until the lives fly by in our memories and our DEPARTMENT OF DEFENSE moment we need them. But no matter tributes knowing they went by too GLENN FINE, OF MARYLAND, TO BE INSPECTOR GEN- what we are doing and what we are ERAL, DEPARTMENT OF DEFENSE, VICE JON T. RYMER, quickly, leaving us before we can truly thinking, when their shift starts, they RESIGNED. appreciate where they are going or will be on it. They will be on duty CORPORATION FOR PUBLIC BROADCASTING why. But amidst so much we cannot ready to run without hesitation, even BRENT FRANKLIN NELSEN, OF SOUTH CAROLINA, TO BE know, we can take solace in knowing A MEMBER OF THE BOARD OF DIRECTORS OF THE COR- into situations that would cause the that they are going there for a reason PORATION FOR PUBLIC BROADCASTING FOR A TERM EX- rest of us to run in the opposite direc- PIRING JANUARY 31, 2022. (REAPPOINTMENT) far bigger than any one of us. tion. DEPARTMENT OF STATE As Christiana Fire Chief Rich Perillo And as we watch their lives pass by in our memories, we can say to our- JEFFREY DELAURENTIS, OF NEW YORK, A CAREER said this past Sunday, ‘‘the only thing MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF we ever signed up to do is to protect selves what the child says when he sees MINISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- a fire truck go by: That is what a hero DINARY AND PLENIPOTENTIARY OF THE UNITED STATES our neighbors and neighborhoods, and OF AMERICA TO THE REPUBLIC OF CUBA. looks like. that we will continue to do no matter IN THE AIR FORCE Let me leave you with the same pas- what comes our way.’’ THE FOLLOWING NAMED OFFICER FOR APPOINTMENT We are both so grateful for the dedi- sage from Scripture shared by Senator IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- cation, the service, and the love shown CARPER from John 15. ‘‘Greater love CATED UNDER TITLE 10, U.S.C., SECTION 624: by the Delaware fire service to protect has no one than this: to lay down one’s To be brigadier general neighbors. In that sense, today and to- life for one’s friends.’’ COL. BRIAN E. HASTINGS morrow and the days after will be like Thank you, Chris and Jerry, for your IN THE NAVY any other in that we can continue to sacrifice, your service, your love, and THE FOLLOWING NAMED OFFICER FOR APPOINTMENT rely on our first responders, and we are for laying down your lives for all of us. IN THE UNITED STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND grateful for that. But in so many other I thank Senator CARPER for joining RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ways—in the ways that truly matter— me tonight. To be vice admiral Mr. CARPER. I thank Senator COONS it just will not be the same. VICE ADM. DIXON R. SMITH For Chris’s and Jerry’s families and for those beautiful, heartfelt words. friends, for their brothers and sisters A few years ago, the Senator who f at the firehouse, for all the members of would have joined me and who would CONFIRMATIONS our first responder community, and for have joined Bill Roth before me would Executive nominations confirmed by all the Delawareans who had a chance have been , who served here the Senate September 28, 2016: to work or serve with them and to be for six terms. He was someone who IN THE AIR FORCE protected by them, things will not be loved the fire service in Delaware and THE FOLLOWING NAMED OFFICER FOR APPOINTMENT the same. That is why we pray for their is still beloved by them. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- families. We pray that tomorrow will I have heard JOE say a number of CATED UNDER TITLE 10, U.S.C., SECTION 624: be just a little easier for them than times—and I know Senator COONS has To be brigadier general today and that the next day a little as well—these words when talking to COL. KENNETH P. EKMAN easier than tomorrow, and so on, until people who had a serious loss in their THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- the pain is eventually matched by the life. He would say something such as CATED UNDER TITLE 10, U.S.C., SECTION 624: joy that comes from remembering this: May soon come the day when the To be major general someone you love and by the grateful- memory of the one you have loved and ness we all feel for having had the lost brings a smile to your face before BRIG. GEN. JON T. THOMAS privilege to know someone special. it brings a tear to your eye. IN THE ARMY One of life’s unsung joys is the look That would be my prayer for these THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY in a child’s face in the presence of one families, the Leach family and the UNDER TITLE 10, U.S.C., SECTION 624: of their heroes. Have you ever seen a Fickes family. To be brigadier general young child as a fire truck goes by? Thank you. COL. ALFRED F. ABRAMSON III Their eyes are wide with amazement. I yield the floor. COL. PETER B. ANDRYSIAK, JR. The station door rises, sirens wale, the COL. ROBERT W. BENNETT, JR. f COL. JONATHAN P. BRAGA lights flash, and the bright red truck COL. JOHN W. BRENNAN, JR. goes by with an American flag waving COL. DAVID E. BRIGHAM ADJOURNMENT UNTIL 10 A.M. COL. MIGUEL A. CORREA off the back. As adults, we notice it. TOMORROW COL. CLEMENT S. COWARD, JR. We take notice. We wonder what might COL. PATRICK J. DONAHOE The PRESIDING OFFICER. Under COL. CHRISTOPHER T. DONAHUE have happened, and we go back to our COL. ROBERT L. EDMONSON II day. Even though a child doesn’t know the previous order, the Senate stands COL. SCOTT L. EFFLANDT adjourned until 10 a.m. tomorrow. COL. DAVID J. FRANCIS where the truck is going, they know COL. PAUL H. FREDENBURGH that is what a hero looks like. Thereupon, the Senate, at 7:31 p.m., COL. DAVID M. HAMILTON adjourned until Thursday, September COL. NEIL S. HERSEY As a father, I look at firefighters like COL. LONNIE G. HIBBARD Chris and Jerry with the same sense of 29, 2016, at 10 a.m. COL. JOHNNIE L. JOHNSON, JR.

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COL. OMAR J. JONES IV PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA NAVY NOMINATIONS BEGINNING WITH CHRISTOPHER D. COL. MARK H. LANDES TO THE LAO PEOPLE’S DEMOCRATIC REPUBLIC. AYALA AND ENDING WITH ANDREW S. WEST, WHICH COL. DAVID A. LESPERANCE SUNG Y. KIM, OF CALIFORNIA, A CAREER MEMBER OF NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COL. STEPHEN J. MARANIAN THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER– PEARED IN THE CONGRESSIONAL RECORD ON SEP- COL. DOUGLAS M. MCBRIDE, JR. COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND TEMBER 22, 2016. COL. MATTHEW W. MCFARLANE PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA NAVY NOMINATIONS BEGINNING WITH FRANCIS B. COL. STEPHEN L. MICHAEL TO THE REPUBLIC OF THE PHILIPPINES. CARNABY AND ENDING WITH REBECCA I. SUMMERS, COL. CHRISTOPHER O. MOHAN ANDREW ROBERT YOUNG, OF CALIFORNIA, A CAREER WHICH NOMINATIONS WERE RECEIVED BY THE SENATE COL. LAURA A. POTTER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF AND APPEARED IN THE CONGRESSIONAL RECORD ON COL. ANTHONY W. POTTS COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND SEPTEMBER 22, 2016. COL. ROBERT A. RASCH, JR. PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA NAVY NOMINATIONS BEGINNING WITH BENJAMIN R. COL. KENNETH T. ROYAR TO BURKINA FASO. ADDISON AND ENDING WITH RUSSELL P. WOLFKIEL, COL. DOUGLAS A. SIMS II W. STUART SYMINGTON, OF MISSOURI, A CAREER MEM- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE COL. STEPHEN G. SMITH BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- AND APPEARED IN THE CONGRESSIONAL RECORD ON COL. JOHN C. ULRICH ISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- SEPTEMBER 22, 2016. COL. ROBERT F. WHITTLE, JR. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES NAVY NOMINATIONS BEGINNING WITH JOSHUA C. COL. DAVID WILSON OF AMERICA TO THE FEDERAL REPUBLIC OF NIGERIA. ALCAZAR AND ENDING WITH JUI I. YANG, WHICH NOMI- JOSEPH R. DONOVAN JR., OF VIRGINIA, A CAREER MEM- NATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE AIR FORCE BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- PEARED IN THE CONGRESSIONAL RECORD ON SEP- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- TEMBER 22, 2016. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES NAVY NOMINATIONS BEGINNING WITH SILAS O. CAR- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE OF AMERICA TO THE REPUBLIC OF INDONESIA. PENTER AND ENDING WITH CHRISTOPHER E. WELLS, AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION WHICH NOMINATIONS WERE RECEIVED BY THE SENATE UNITED NATIONS 601: AND APPEARED IN THE CONGRESSIONAL RECORD ON SEPTEMBER 22, 2016. CHRISTOPHER COONS, OF DELAWARE, TO BE REP- To be general NAVY NOMINATIONS BEGINNING WITH GALO A. RESENTATIVE OF THE UNITED STATES OF AMERICA TO CAVALCANTI AND ENDING WITH AUDRA M. VANCE, GEN. JOHN E. HYTEN THE SEVENTY–FIRST SESSION OF THE GENERAL ASSEM- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE BLY OF THE UNITED NATIONS. AND APPEARED IN THE CONGRESSIONAL RECORD ON IN THE NAVY RONALD H. JOHNSON, OF WISCONSIN, TO BE REP- SEPTEMBER 22, 2016. RESENTATIVE OF THE UNITED STATES OF AMERICA TO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NAVY NOMINATIONS BEGINNING WITH CHRISTOPHER T. THE SEVENTY–FIRST SESSION OF THE GENERAL ASSEM- IN THE UNITED STATES NAVY TO THE GRADE INDICATED ABPLANALP AND ENDING WITH RYAN E. ZYVITH, WHICH BLY OF THE UNITED NATIONS. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE AIR FORCE PEARED IN THE CONGRESSIONAL RECORD ON SEP- To be vice admiral TEMBER 22, 2016. AIR FORCE NOMINATION OF SCOTT E. WILLIAMS, TO BE NAVY NOMINATIONS BEGINNING WITH STEVEN M. REAR ADM. CHRISTOPHER W. GRADY COLONEL. ARBOGAST AND ENDING WITH JOSEPH M. STARK, WHICH AIR FORCE NOMINATION OF JOHN D. CINNAMON, TO BE IN THE AIR FORCE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL. PEARED IN THE CONGRESSIONAL RECORD ON SEP- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AIR FORCE NOMINATION OF ALFRED G. TRAYLOR II, TO TEMBER 22, 2016. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- BE MAJOR. NAVY NOMINATIONS BEGINNING WITH DORIAN R. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AIR FORCE NOMINATION OF MARK C. ANARUMO, TO BE ACKER AND ENDING WITH JASON YORK, WHICH NOMINA- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION COLONEL. TIONS WERE RECEIVED BY THE SENATE AND APPEARED 601: AIR FORCE NOMINATION OF STEVEN C. M. HASSTEDT, IN THE CONGRESSIONAL RECORD ON SEPTEMBER 22, 2016. TO BE COLONEL. NAVY NOMINATIONS BEGINNING WITH MICHAEL A. To be lieutenant general AMMENDOLA AND ENDING WITH MICHAEL B. ZIMET, IN THE ARMY LT. GEN. JOHN F. THOMPSON WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ARMY NOMINATION OF KARL E. NELL, TO BE COLONEL. AND APPEARED IN THE CONGRESSIONAL RECORD ON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATION OF TODD D. WOLFORD, TO BE COLO- SEPTEMBER 22, 2016. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- NEL. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE ARMY NOMINATION OF LANCE L. JELKS, TO BE MAJOR. FOREIGN SERVICE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION ARMY NOMINATION OF MATTHEW A. LEVINE, TO BE 601: FOREIGN SERVICE NOMINATIONS BEGINNING WITH LIEUTENANT COLONEL. DIANA ISABEL ACOSTA AND ENDING WITH ELISA JOELLE To be lieutenant general ARMY NOMINATION OF DANIEL J. DONOVAN, TO BE ZOGBI, WHICH NOMINATIONS WERE RECEIVED BY THE COLONEL. MAJ. GEN. ROBERT D. MCMURRY, JR. SENATE AND APPEARED IN THE CONGRESSIONAL ARMY NOMINATION OF DONNA A. MCDERMOTT, TO BE RECORD ON JULY 13, 2016. IN THE ARMY COLONEL. FOREIGN SERVICE NOMINATIONS BEGINNING WITH JENNISA PAREDES AND ENDING WITH JAMORAL TWINE, THE FOLLOWING NAMED ARMY NATIONAL GUARD OF IN THE NAVY WHICH NOMINATIONS WERE RECEIVED BY THE SENATE THE UNITED STATES OFFICER FOR APPOINTMENT IN NAVY NOMINATION OF THOMAS M. HEARTY, TO BE AND APPEARED IN THE CONGRESSIONAL RECORD ON THE RESERVE OF THE ARMY TO THE GRADE INDICATED COMMANDER. JULY 13, 2016. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND NAVY NOMINATIONS BEGINNING WITH JORDAN M. FOREIGN SERVICE NOMINATIONS BEGINNING WITH RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ADLER AND ENDING WITH RICHARD C. WONG, WHICH JORGE A. ABUDEI AND ENDING WITH DEBORAH KAY To be lieutenant general NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- JONES, WHICH NOMINATIONS WERE RECEIVED BY THE PEARED IN THE CONGRESSIONAL RECORD ON SEP- SENATE AND APPEARED IN THE CONGRESSIONAL MAJ. GEN. REYNOLD N. HOOVER TEMBER 22, 2016. RECORD ON SEPTEMBER 6, 2016. DEPARTMENT OF STATE NAVY NOMINATIONS BEGINNING WITH JOHN A. ALLEN FOREIGN SERVICE NOMINATIONS BEGINNING WITH AND ENDING WITH TIMBERON C. VANZANT, WHICH NOMI- JOHN ROBERT ADAMS AND ENDING WITH DAVID M. RENA BITTER, OF TEXAS, A CAREER MEMBER OF THE NATIONS WERE RECEIVED BY THE SENATE AND AP- ZWICK, WHICH NOMINATIONS WERE RECEIVED BY THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER–COUN- PEARED IN THE CONGRESSIONAL RECORD ON SEP- SENATE AND APPEARED IN THE CONGRESSIONAL SELOR, TO BE AMBASSADOR EXTRAORDINARY AND TEMBER 22, 2016. RECORD ON SEPTEMBER 6, 2016.

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