Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 114 CONGRESS, SECOND SESSION

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

Vol. 162 WASHINGTON, THURSDAY, NOVEMBER 17, 2016 No. 165 Senate The Senate met at 9:30 a.m. and was 115th Congress, and gotten to work on tion continue to occur all across Amer- called to order by the President pro important issues. ica. tempore (Mr. HATCH). Today we will have an opportunity to On Tuesday, I said that the Southern f take up a bill that is particularly im- Poverty Law Center had reported 315 portant for Gulf Coast States like Lou- hate crimes since the election. As of PRAYER isiana. Senator CASSIDY has been a Wednesday, that number jumped to 437. The Chaplain, Dr. Barry C. Black, of- leader on this issue, and I appreciate That is a 40-percent increase in 2 days. fered the following prayer: the work he has done to bring this That is startling. Let us pray. measure up for a vote. Here are just a few examples of the Eternal God, the source of our joy, in Sometime this session we will also instances that have been reported. In this season of gratitude, thank You for take up an extension of the Iran Sanc- Michigan, a Latino family awoke to Your sustaining power and unsurpassed tions Extension Act, which passed the find that someone had used boxes to greatness. House overwhelmingly. This bipartisan form a wall blocking their driveway. Lord, we borrow our heartbeats from bill will provide the basis for any sanc- The perpetrators left behind vulgar You each day. Search the hearts of our tions that may be reimposed on Iran, graffiti that denigrated Mexican Amer- lawmakers, guiding them with Your which is critical, given the belligerent icans and praised Donald Trump for wisdom and empowering them with behavior exhibited by Tehran since the ‘‘taking back America.’’ Your might. In all their labors, may signing of the Joint Comprehensive In Tennessee, two men returned they work for Your glory. Help them to Plan of Action. I expect we will pass it home to find a threatening homophobic stand true to what they believe, main- on an overwhelmingly bipartisan basis note. Using gay slurs, the message told taining a clear conscience in all they here as well. the men to go back where they came think, do, and say. May they acknowl- Discussions are also ongoing on how from. A folding knife with a picture of edge You in every area of their lives, to fund the government and for how Donald Trump on the handle was knowing that You will direct their long, as I noted yesterday. I will have stabbed through the paper. path. Supply all their needs from Your more to say on that issue as more de- At a high school in Missouri, a 15- glorious riches. tails are available. year-old African-American student was We pray in Your gracious Name. So we all have some work to do. Let’s burned with a hot glue gun and told he Amen. get together to finish up the business didn’t belong in America. Another Afri- of this Congress as we begin looking f can-American student at the same forward to the next. school was told by a White student: PLEDGE OF ALLEGIANCE f ‘‘Are you ready to get back on the boat The President pro tempore led the RECOGNITION OF THE MINORITY now that Trump is President?’’ Pledge of Allegiance, as follows: LEADER This morning the Washington Post editorial board related this story of a I pledge allegiance to the Flag of the The PRESIDING OFFICER. The United States of America, and to the Repub- student at Baylor: Democratic leader is recognized. lic for which it stands, one nation under God, The morning after Donald Trump’s elec- indivisible, with liberty and justice for all. f tion as president, a student at Baylor Uni- f TAKING RESPONSIBILITY TO HEAL versity had a nasty, hate-filled encounter on WOUNDS her way to class. A native of Zambia, she was RECOGNITION OF THE MAJORITY called the n-word by another student, who LEADER Mr. REID. Mr. President, two days shoved her off the sidewalk and said he was ago I came to the Senate floor and ‘‘just trying to make America great again,’’ The PRESIDING OFFICER (Mr. called upon the President-elect to rise the signature slogan of Mr. Trump’s cam- HELLER). The majority leader is recog- to the dignity of his office. I called paign. What is perhaps most appalling about nized. upon Mr. Trump to take responsibility the incident is that it was not isolated. f for his rhetoric and his actions and to As I said, I picked just a few exam- work to heal the wounds that he cre- ples. There are hundreds of these same WORK BEFORE THE SENATE ated. kinds of things happening, as we speak, Mr. MCCONNELL. Mr. President, it I am disappointed to say that our across the country. These are sick- has been a busy and exciting week as President-elect has chosen to do none ening acts of hate, prejudice, and just we have welcomed new Members, as- of those things to this point. Mean- simple meanness, and they need to be sembled our leadership teams for the while, vile acts of hate and intimida- stopped.

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

S6425

VerDate Sep 11 2014 03:27 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.000 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6426 CONGRESSIONAL RECORD — SENATE November 17, 2016 The Washington Post editorial board Mr. Trump promised in his victory speech SOUTHERN POVERTY LAW CENTER HATE called on Donald Trump to do every- to be a president for all Americans. His wife WATCH—UPDATE: MORE THAN 400 INCIDENTS thing he can to bring these acts to an has said she wants to make fighting hate and OF HATEFUL HARASSMENT AND INTIMIDATION bullying her main priority as first lady. SINCE THE ELECTION end. They said: They need not wait until Inauguration Day November 15, 2016 to start living up to those promises. Mr. Trump should pay heed. These hateful Between Wednesday, November 9, the day acts are the work of . . . his supporters, but I have several pages of hate-filled, after the presidential election, and the morn- they have been emboldened by the ugly rhet- awful incidents that have been re- ing of Monday, November 14, the Southern oric of his presidential campaign. It is his reported. There is only one person that Poverty Law Center collected 437 reports of sponsibility—not, as his campaign manager can bring a stop to this quickly, and hateful intimidation and harassment. has foolishly suggested, President Obama’s The following reports were collected or Hillary Clinton’s—to do as much as he can that is the President-elect. Our Nation through news reports, social media, and di- to discourage such actions. Granted, his ap- is looking at Donald Trump. For the rect submissions via SPLC’s #ReportHate pointment of media mogul Stephen K. sake of the American people, I hope he page. These incidents, aside from news re- Bannon to a top White House job makes that will. ports, are largely anecdotal. The SPLC did all the more difficult. So does his mild re- I ask unanimous consent that these follow up with a majority of user submissions in an effort to confirm reports. As we sponse when asked about the threats and pages be printed in the RECORD. slurs on Sunday’s ‘‘60 Minutes’’ interview. reported earlier, many incidents involved di- There being no objection, the mate- rect references to the Trump campaign and He didn’t say much when he was rial was ordered to be printed in the its slogans. pressed to do so. RECORD, as follows: Here’s the overview:

Most of the reports involved anti-immi- A Muslim woman was riding the Max to My boyfriend and I were walking down the grant incidents (136), followed by anti-black Beaverton in the early afternoon and a group sidewalk in Raleigh, North Carolina. It was (89) and anti-LGBT (43). Some reports (8) in- of teenagers went to the corner of the car 9:30 PM, and we were holding hands and cluded multiple categories like anti-Muslim where she was sitting and got up in her face walking to a restaurant for dinner. A white and anti-immigrant. The ‘‘Trump’’ category yelling at her that she was a terrorist, that car passed us and a white male in the back (41) refers to incidents where there was no our new president was going to deport her, passenger-side seat leaned out the window clear defined target, like the pro-Trump van- that she can’t wear her hijab anymore. They and yelled, ‘‘F* * * f* * *!’’ at us. dalism of a ‘‘unity’’ sign in Connecticut. We got increasingly menacing, and my friend A Latina woman in Texas reported: also collected 20 reports of anti-Trump in- I was walking my baby at my neighbor- went over and made them get off the train. timidation and harassment. hood park and a truck drove by with a male When they were leaving through the door Here are some examples from around the driving and a female passenger. The female country: they tried to spit on her. yelled ‘‘white power’’ at us as they drove by In Oregon: A gay man in North Carolina: and then sped away.

VerDate Sep 11 2014 03:27 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.001 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE Insert offset folio 60/A1 here ES171116.001 November 17, 2016 CONGRESSIONAL RECORD — SENATE S6427

Venues of harassment included K–12 young man stated ‘‘You’re Asian, right? around your neck & hang yourself with it schools (99), businesses (76), and universities When they see your eyes you are going to be . . .,’’ the note said, signed ‘‘America!’’ (67). Common also was vandalism and deported’’ and he walked away. I reported Vandalism involving swastikas (35) was leafleting on private property (40) and epi- this to my district Superintendent. also frequently reported. In California: thets and slurs hurled from moving vehicles A swastika was spray painted on a bill- From a news report in Georgia: (38). board for the movie ‘‘Almost Christmas,’’ At an elementary school in Texas: A Gwinnett County high school teacher which shows an African American cast. My 13 yo half Filipino daughter was ap- said she was left a note in class Friday tell- It appears that incidents are subsiding, al- proached by a child she didn’t know as she ing her that her Muslim headscarf ‘‘isn’t although earlier incidents are still being re- waited to board her bus after school. The lowed anymore.’’ ‘‘Why don’t you tie it ported:

Mr. REID. Mr. President, I see no one sume consideration of the motion to Mr. MCCAIN. Mr. President, I ask on the floor. So I ask the Chair to tell proceed to S. 3110, which the clerk will unanimous consent that the order for us the business of the day. report. the quorum call be rescinded. f The bill clerk read as follows: The PRESIDING OFFICER. Without RESERVATION OF LEADER TIME Motion to proceed to Calendar No. 543, S. objection, it is so ordered. 3110, a bill to provide for reforms of the ad- The Senator from Arizona. The PRESIDING OFFICER. Under ministration of the outer Continental Shelf the previous order, the leadership time of the United States, to provide for the de- REMEMBERING SERGEI MAGNITSKY AND BORIS is reserved. velopment of geothermal, solar, and wind en- NEMTSOV ergy on public land, and for other purposes. f Mr. MCCAIN. Mr. President, 7 years Mr. REID. I suggest the absence of a ago, in a squalid cell inside the prison AMERICAN ENERGY AND CON- quorum. that once held the political opponents SERVATION ACT OF 2016—MOTION The PRESIDING OFFICER. The of the Czars and the Soviets, Sergei TO PROCEED clerk will call the roll. Magnitsky was murdered for defying The PRESIDING OFFICER. Under The bill clerk proceeded to call the the tyranny of Vladimir Putin’s Rus- the previous order, the Senate will re- roll. sia.

VerDate Sep 11 2014 03:27 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.001 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE Insert offset folio 60/A2 here ES171116.002 Insert offset folio 60/A3 here ES171116.003 S6428 CONGRESSIONAL RECORD — SENATE November 17, 2016 Many Americans are not familiar freeze the American assets of anyone The senior Senator from Florida sug- with the life of this Russian patriot, ‘‘responsible for extrajudicial killings, gested that developing America’s en- but it was one life dedicated to and ul- torture, or other gross violations of ergy resources off our coast is incom- timately sacrificed for principles that internationally recognized human patible or somehow conflicts with De- we all hold dear. rights’’ committed against whistle- partment of Defense activities. Sergei Magnitsky was an unlikely blowers or human rights activists in Let’s be honest. Let’s just be honest. hero in the cause of freedom. He didn’t Russia. There have been oil and gas operations spend his life as a human rights activ- This important piece of legislation is in the Gulf of Mexico for almost 80 ist or as an outspoken critic of the a fitting tribute to Sergei Magnitsky, years. Through all of this activity, in- Russian Government. He was an ordi- and it is a foundation on which we dustry and the United States military nary man, but he became an extraor- must continue to build. We must fully have been able to coexist. As for future dinary champion of justice, fairness, implement the Magnitsky Act by ex- production off the Atlantic, I person- and the rule of law—principles that panding its reach to more individuals ally sat with representatives from the have lost their meaning in Putin’s Rus- who fit the criteria in the law, and we Department of Defense to discuss this sia. must pass the Global Magnitsky issue. Their analysis showed that in Magnitsky was a tax attorney work- Human Rights and Accountability Act, President Obama’s original Atlantic ing for an international company that which will provide new tools to hold Draft Proposed Program, less than 2 had invested in Russia. He blew the perpetrators of corruption and human percent of the acreage was rec- whistle on tax fraud and large-scale rights abuses accountable for their ac- ommended to not have oil and gas de- theft by Russian Government officials tions around the world. velopment because of operation con- The Senate has already passed this who had looted more than $230 million flicts. legislation, and I hope the House and from the Russian state, but the Rus- Now, here sometimes it is ‘‘he said, Senate will soon have an opportunity sian Government blamed the crime on she said’’ or ‘‘she said, he said.’’ This is to send Global Magnitsky to the Presi- Magnitsky and his company. objective. This is the DOD Mission dent’s desk when we consider the con- He was thrown into one of Russia’s Compatibility Planning Assessment re- ference report on the Defense author- harshest prisons without trial. Russian ization bill. garding the Outer Continental Shelf officials pressured Magnitsky to deny Our message must be clear. If you Oil and Gas Leasing Program from Oc- what he had uncovered, to lie and re- violate the human rights and civil lib- tober 30, 2015. That is where that 2 per- cant. He refused. He was sickened by erties of others, the United States will cent number comes from. The Amer- what his government had done, and he hold you accountable. By living up to ican people deserve honesty. We should refused to surrender principle to power. that principle, we honor the life and not mislead them. The senior Senator For his refusal, he was beaten and tor- memory of Sergei Magnitsky. Our Na- from Florida can vote as he wishes, tured. He was denied medical care. tion and free people everywhere must but, again, Department of Defense op- After 358 days in prison, he died in ex- continue to draw strength from his ex- erations are not an excuse. cruciating pain on November 16, 2009. ample and, with that strength, renew Secondly, the senior Senator from He was 37 years old. Even after his our commitment to stand by those who Florida suggested that he is looking death, Russian courts convicted him of carry on the fight for freedom around forward to working with the new ad- tax evasion in a show trial. the world. ministration. Although he did not sup- Sergei Magnitsky’s torture and mur- I yield the floor. port President Trump, he is looking der is an extreme example of a problem Mr. President, I suggest the absence forward to working with the new ad- that is unfortunately all too common of a quorum. ministration on behalf of the American and widespread in Russia today—the The PRESIDING OFFICER (Mr. people. Again, let’s be honest. If there flagrant violations of the rule of law PERDUE). The clerk will call the roll. is one thing that came out of this last and basic human rights committed by The senior assistant legislative clerk election, it is that Americans want bet- the Russian Government and its allies. proceeded to call the roll. ter jobs with better benefits. The last 8 Today I also remember my friend Mr. COONS. Mr. President, I ask years have been hard on working fami- Boris Nemtsov, a true Russian patriot unanimous consent that the order for lies. That is why they are desperate for who committed his life to fighting the quorum call be rescinded. these better paying jobs. It is fitting in against Putin’s tyranny and corrup- The PRESIDING OFFICER. Without that regard that we are voting on the tion, and fighting for freedom, human objection, it is so ordered. American Energy and Conservation rights, and the rule of law. Mr. COONS. Mr. President, I ask Act. This has been studied and is said unanimous consent to address the Sen- In 2015, Boris was murdered on a to incentivize the creation of 280,000 ate as in morning business on a matter bridge in the shadow of the Kremlin in new jobs by 2035. This legislation is ex- related to privacy protection, to be one of the most secure parts of the pected to trigger $194 billion in new succeeded by Senator RON WYDEN and, Russian capital—another victim of the capital investment in our economy, if he arrives during the time of our re- culture of impunity that Vladimir creating $51 billion in cumulative gov- Putin has created in Russia, where in- marks, by Senator DAINES. The PRESIDING OFFICER. Is there ernment revenue for our Federal Gov- dividuals are routinely persecuted and objection? ernment and for States. attacked for their beliefs, including by Without objection, it is so ordered. Now, let’s be honest. If you are going the Russian Government, and no one, (The remarks of Mr. COONS, Mr. to work with the new President, let’s no one, is ever held responsible. WYDEN, and Mr. DAINES pertaining to work on programs that will create hun- It has been said that in a time of uni- the introduction of S. 3475 are printed dreds of thousands of good-paying jobs versal deceit, telling the truth is a rev- in today’s RECORD under ‘‘Statements for Americans who need those jobs, as olutionary act. My friend Boris on Introduced Bills and Joint Resolu- well as revenue to address debt, deficit, Nemtsov was a revolutionary and, tions.’’) and other issues in our State and Fed- without a doubt, Sergei Magnitsky was The PRESIDING OFFICER. The Sen- eral Government. a revolutionary. He told the truth, and ator from Louisiana. Now, let’s also be honest. If America he gave his life for it. Mr. CASSIDY. Mr. President, I am does not develop our natural resources, That is why, when the circumstances here to speak about the American En- the vacuum will be filled with the likes of Magnitsky’s death became known to ergy and Conservation Act, which we of Iran, Venezuela, Russia, and Cuba— the world, Congress acted to protect will be voting on today. I thank once Cuba, which would like to drill off those still under attack for the crime more my colleagues on both sides of their coastline. Now, the choice is ei- of telling the truth in Putin’s Russia. the aisle for their hard work on this ther to create good-paying jobs in the In December 2012, Congress passed American Energy and Conservation United States—off States like Virginia and the President signed the Sergei Act of 2016. and North Carolina—or to forfeit these Magnitsky Rule of Law Accountability Yesterday, the senior Senator from jobs abroad. Act, which gives the Federal Govern- Florida made some statements, and I By the way, the senior Senator from ment the ability to ban entry to and would like to address some of those. Florida gave the reason why Senators

VerDate Sep 11 2014 03:27 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.004 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6429 from mid-Atlantic States should vote There is one more thing. It has been Just to give an example of some re- for this. He spoke specifically about suggested by implication by the senior sponsibility, I had one young man the billions of dollars in revenue that Senator from Florida that we are try- come to me and say: You know, the job would come to States. He complains ing to open up acreage off the coast of that I do in the Federal Government about it. If I were from Virginia and Florida—that we are trying to open up doesn’t make any difference. Nobody North Carolina or a Middle Atlantic acreage in general. We don’t open up ever uses what I produce. He said: I State, I would say: My gosh, I get hun- any acreage at all offshore in this bill. probably shouldn’t tell you this be- dreds of thousands of new high-paying All this does is say that if a new Presi- cause I will lose my job. jobs and billions of dollars to address dent—President Trump—decides to I said: Well, I will do everything I can our States’ needs? I would be all about have Outer Continental Shelf drilling, to see that you get promoted for doing this. there would be a certain model of rev- what you are supposed to be doing. Now, there are different ideas about enue sharing. But we absolutely do not I want to give one small example of the future of energy in the United open up new acreage. Again, that some- what I am talking about on oversight. States, and this legislation does not times seems to be implied. We need to Last October, a little known Federal discriminate. It includes language in- be honest with the American people. agency called the Substance Abuse and troduced by two Democrats and two All energy-producing States deserve Mental Health Services Administration Republicans—Senators HELLER, HEIN- to share the revenue derived from en- hired a big-time public relations agen- RICH, RISCH, and TESTER—that stream- ergy developed both onshore and off- cy to ask reporters for help ‘‘refining lines the process for developing renew- shore. Responsible revenue sharing al- their agency messaging.’’ This PR firm able energy on public lands and estab- lows States hosting energy production asked the reporters to ‘‘keep the con- lishes the first-ever revenue-sharing to mitigate for the historic and pro- versation confidential’’ and not to ‘‘re- paradigm for renewables. spective infrastructure demands of en- port anything discussed in the inter- For those who say we need to do ergy production. It just makes sense. view.’’ Naturally, that caught my at- something for carbon-free energy as They need more roads. It helps those tention. well, this bill does so. The change States build the roads and allows I immediately reached out to the Di- would incentivize the production of States to make the strategic invest- rector of the President’s Office of Man- 27,000 megawatts of carbon-free energy ment needed to ensure for future gen- agement and Budget to get more infor- that the Bureau of Land Management erations the resiliency of the infra- mation on the individual agency’s con- estimates could be provided for these structure and for vital natural re- tract and other such ‘‘messaging’’ ac- projects. sources. tivities conducted by the executive Additionally, we bring offshore wind I urge my colleagues to support pro- branch entities. into the mix, by creating the first-ever ceeding to the legislation so the Sen- Simply put, agency spending on ad- revenue sharing for offshore wind, ate’s voice can be heard on this impor- vertising, public relations, and media incentivizing the development of 4,233 tant topic. relations is largely a black hole, ac- gigawatts of carbon-free generation Let’s be honest with the American cording to the recent Congressional Re- that, again, the Bureau of Land Man- people. This is about creating great search Service report. No one really agement estimates will be available for jobs. It is about sharing revenue with knows how much these agencies spend development off our coast. Now, some States. It is not about opening up new on trying to influence the American say they don’t want to look at develop- acreage. It is thoroughly compatible public about what a great job the gov- ment off their coastline. This would be with the Department of Defense’s mis- ernment is doing. Well, I can tell you 50 miles out—at least in the case of the sion to protect our country. that America is not buying it. It is oil rigs, 50 miles out. Your sight line I yield the floor. hard to tell how much is spent and stops somewhere around 25 miles, at The PRESIDING OFFICER. The Sen- where the money is going, according to most. So this would not be seen by any- ator from Wyoming. the CRS, which reports that agencies one who is otherwise enjoying the GOVERNMENT SPENDING tend to have great discretion over how beach. Mr. ENZI. Mr. President, Americans This legislation makes investment are concerned that we are over- such funds are spent. Well, why do they and conservation projects across the spending. We are overspending by more have all that discretion? country. We included another bipar- than half a trillion dollars a year. That To my surprise, President Obama’s tisan provision that provides an esti- is more than $500 billion a year. Now, Director of the Office of Management mated $807 million for projects that in- $500 billion sounds a lot more than half and Budget not only did not know how crease access to public lands for hunt- a trillion. much the government spends on public ing, fishing, and other outdoor rec- As chairman of the Senate Budget relations and advertising activities, reational activities. This provision was Committee, one of the most important but he also didn’t seem to care. That is included in Senator MURKOWSKI’s Bi- things that we focus on is oversight on because they don’t want the oversight partisan Sportsmen’s Act of 2015, which what exactly the Federal Government responsibility. Remember that Presi- 24 Senators have cosponsored. The leg- spends its money on. This critical over- dent Obama’s administration was sup- islation makes investments in a vari- sight has been missing. It is critical posed to be the ‘‘most transparent ad- ety of important programs—important that we follow the money because, as ministration’’ in history. As Congress to Western States—including the Pay- we say in the budget world, you can lie and the American people have now ment in Lieu of Taxes Program. about the numbers, but the numbers learned, it has been anything but. The bill also restores the traditional never lie. But the bigger question was now 50-percent onshore oil and gas State Now, Congress evidently doesn’t have raised: How much do Federal agencies and Federal share for production on the time to allocate to see how the spend on public relations and adver- public lands, which the Obama admin- money is spent because it takes us so tising? As Lewis Carroll famously istration had reduced since 2010 to pay much time to allocate the money to be wrote in Alice in Wonderland, ‘‘How far for spending elsewhere. Again, all of spent. In fact, in the last 40 years we down does the rabbit hole go?’’ The this is of particular importance to have only had four times that the reason this is so important is that Fed- Western States. budget process has been finished by Oc- eral law prohibits the use of appro- The American Energy and Conserva- tober 1. The budget process for this priated Federal funds for publicity or tion Act of 2016 is supported by over 50 year, which started October 1, still is propaganda purposes. important stakeholder groups, includ- not finished. We are under a continuing It was this pursuit of fiscal trans- ing the National Association of Manu- resolution for that. So that would parency that resulted in my request to facturers, the U.S. Chamber of Com- leave it up to the administration. Any the Government Accountability Office, merce, the American Chemistry Coun- administration, any business is sup- or GAO, to investigate how much the cil, the American Petroleum Institute, posed to efficiently manage its area of Federal Government actually spends the Western Energy Alliance, and the responsibility. That hasn’t been hap- annually on advertising and public re- Consumer Energy Alliance. pening. lations. What we found is a cautionary

VerDate Sep 11 2014 03:27 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.005 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6430 CONGRESSIONAL RECORD — SENATE November 17, 2016 tale of how little Congress and, pos- hope they are calling my office or legislation to take an additional $5 bil- sibly, the administration actually un- other offices to let them know about it. lion directly from the pockets of the derstand about what the Federal Gov- Evidently, we are going to have to have taxpayers in the other 46 States and ernment spends its money on. it come from the bottom up because it send it to your States, that will be one It turns out this administration is not coming from the top down. of your greatest legislative victories of spends $1.5 billion annually on public It is time for the Federal Govern- your career. relations and advertising. President ment to become more efficient, effec- If you come from the other 46 States, Obama added hundreds of PR staffers tive, and accountable. If government there is no reason in the world that between 2009 and 2011 to the thousands programs are not delivering results, you should support this legislation to who already worked in these agencies, they should be improved, and if they take even more money from your tax- which cost hardworking taxpayers are not needed, they should be elimi- payers and send it to Louisiana, Texas, more than $500 million a year in em- nated. Americans who work every day Alabama, and Mississippi. That is all ployee expense. These employees have to provide for their families and pay we are talking about—a massive an average salary of $90,000. This con- their taxes understand it is time for wealth transfer from 46 States to those trasts with the average household in- the Federal Government to live within 4 States. come in America at almost $54,000. its means, just like they do. At a time when my friends on the This information is crucial for pol- I yield the floor. other side of the aisle are saying we icymakers because America’s over- The PRESIDING OFFICER. The Sen- need to cut spending to crucial pro- spending problem has created a mam- ator from Massachusetts. grams that help our seniors, help low- moth national debt of more than $19 Mr. MARKEY. Mr. President, we are income Americans, and help students, trillion, on its way to almost $29 tril- going to vote on a very important piece we simply can’t afford to divert $190 lion in a few short years. We hardly of legislation later on this afternoon. billion away from our national prior- have any years where overspending in This is a bill that is going to move rev- ities and to the Gulf States. We cer- that year doesn’t exceed half a trillion enues from 46 States to 4 States. This tainly can’t afford to divert $5 billion dollars—$500 billion. is no small thing. Let me just tell you more as the legislation before us today GAO notes that these salary and ad- a little bit about what this bill will do. would do. vertising figures do not include the $100 The revenue generated from oil and The proponents of this legislation million spent on private PR consult- gas drilling on Federal lands offshore is argue this revenue is needed to pay for ants to bolster the government’s PR ef- one of the largest nontax revenue past and future infrastructure demands forts. The government also spends streams for the Federal Government. and to ensure the resiliency of natural more than $800 million on contracts These oil and gas resources on public resources. The Gulf States have al- with outside advertising firms in 2015 lands offshore belong to all of the ready been getting revenue from off- alone to promote the administration’s American people. They are public re- shore drilling in waters near their policies, which when you total these sources that belong as much to some- States for decades, and now most of the numbers equals almost $1.5 billion. one living in Massachusetts, Kansas, or fines—$20 billion from the BP oilspill— That is with a ‘‘b.’’ This is real money California as they do to someone in are, rightly, going to the Gulf States we are talking about. The question is, Louisiana or in Texas. These are re- that were affected by this catastrophe. What do hardworking taxpayers get for sources that should help every Amer- We should fund coastal restoration this money? Some of it probably is es- ican, not just a select few. and climate resiliency as a big issue for sential advertising signs, military re- The revenue generated from these all States, but this legislation is not cruitment, et cetera, but is all of it es- public resources goes to the Federal about our eroding beaches and wet- sential and really needed? If they are Treasury to help pay for Medicare, lands; it is about eroding our ability to doing a good job, will people not know? Medicaid, education, our Defense De- pay for our national priorities. Certain agencies spend much more of partment. It helps to pay for every- This legislation would go even fur- their budgets on public relations and thing, including reducing our Federal ther by trying to bribe other cash- advertising than others. In fact, the deficit. However, in 2006, the four Gulf strapped States into allowing expanded Consumer Financial Protection Bureau States—Louisiana, Alabama, Mis- drilling off the east coast and in other spent a higher percentage of its total sissippi, and Texas—succeeded in pass- areas offshore. We haven’t passed a sin- budget on public relations and adver- ing a law that is going to direct an gle law to improve the safety of off- tising than any other agency. I called ever-increasing share of these offshore shore drilling following the BP oilspill, it an agency. It is really not an agency drilling revenues away from the Fed- but this legislation would try to of the Federal Government. We don’t eral Treasury to just those four States. incentivize new areas to drill in and to have any oversight. We don’t have any By redirecting this revenue, that 2006 risk ultimately a spill off one of those review of the agency’s budget or Direc- law is going to take money that should States’ coasts. tor. That money comes from the Fed- benefit taxpayers in all 50 States and Fishing off the east coast produces eral Reserve before their money goes to send it instead to just 4 States. roughly $1.75 billion in direct value for the Federal Government so it truly How much money are we talking our States and more than $4 billion in comes out of the money that can be about? In that 2006 law, over the next total economic activity each year. spent on projects, but it is taken out so 60 years, it is projected to send $190 bil- Tourism on the east coast generates there can be no oversight over that lion away from the Treasury, away hundreds of billions of dollars in addi- agency. from the 46 other States, other than tional economic activity and supports We got an inspector general ap- the 4 that are Texas, Louisiana, Mis- an estimated 800,000. That is what we pointed to that agency, and he came sissippi, and Alabama. That is the would be putting at risk on the east back to say that we don’t have the problem. Those are the numbers from coast, as this bill would do. As we right to take a look at anything there. the Department of the Interior—$190 learned from the BP oilspill, offshore How can that be a government agency? billion. Now the Gulf States are com- spills don’t respect State boundaries. Recently, the Court said it is not. ing back for more. The legislation we We would have no protections whatso- Why am I concentrating on $1.5 bil- will vote on today would divert an ad- ever. lion? Remember the old saying: A bil- ditional $5.4 billion over the next 40 OPIOD CRISIS lion here, a billion there, and pretty years away from 46 States and to the 4 Mr. President, I would like to take quickly it runs into real money? Gulf States. That is on top of the $190 the remainder of my time and talk Next year I look forward to holding billion, which they are already going to about what I believe is the most impor- additional hearings on this oversight get. tant task facing this Congress in the issue and others in order to help Amer- If you come from one of these four lameduck session—providing funding ican families understand where their States, you should absolutely vote for to combat the opioid crisis that has taxes are being spent and what they this bill today. You should put out a spread all across our country. are getting for their money. If Amer- press release today touting your sup- Last year, Senator MCCONNELL of ican taxpayers see waste out there, I port for this legislation. If you can pass Kentucky and I called on the Surgeon

VerDate Sep 11 2014 03:27 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.006 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6431 General of the United States to issue a go up to 2,000 people who will die this We have a moral responsibility here Surgeon General’s report and a call to year from opioid overdoses, heroin, on the floor to provide massive new action on prescription opioid and her- fentanyl, carfentanil. Here is the inter- funding in any legislation we pass over oin abuse. We both believed the Fed- esting number. Just from last year to the next 3 weeks that leaves this eral Government needed to document this year, the number of deaths that Chamber. We cannot, on a bipartisan and outline a national effort to address are estimated to be related to fentanyl basis, ignore the magnitude of this this opioid crisis. has risen to 1,500. Out of those 2,000 challenge. Otherwise, we are going to Today, Surgeon General Vivek people, it is estimated that 1,500 people come back here next year and the year Murthy released a new report, ‘‘Facing in Massachusetts alone will die from after and the year after, and we are ul- Addiction in America,’’ and I thank opioid overdoses. That is a dramatic timately going to see millions of peo- him and his staff for their efforts. This rise to 75 percent of all opioid deaths in ple die from this epidemic, and history report should serve as a call to all our State in 1 year. That is up from 57 will wonder why we did not do enough Americans to change the way we ad- percent of the deaths last year that to deal with it. It is the job of this Con- dress substance misuse and substance would be related to fentanyl in the gress to begin to provide the massive use disorders in America. blood system of those who had toxi- funding that the States, cities, towns, As a nation, we must approach and cology exams after they died from an and families need to deal with this treat addiction like the disease it is. opioid overdose. issue. The physical toll addiction takes on Let’s take those numbers and project I thank the Presiding Officer for my Americans makes this a health impera- them. If 2,000 people die in Massachu- time on the floor, and I yield the floor. tive. The costs of addiction to society setts this year—and Massachusetts is 2 I suggest the absence of a quorum. make this an economic imperative, and percent of the population of the United The PRESIDING OFFICER (Mr. the human duty to provide care and States of America—and all you did was RUBIO). The clerk will call the roll. hope for those suffering from addiction multiply that number by 50 to get the The bill clerk proceeded to call the makes this a moral imperative punctu- entire country, that would mean that roll. ation. In order to get help for all of the 100,000 people will die this year from an Mr. MENENDEZ. Mr. President, I ask families who are suffering from opioid opioid overdose in America—100,000. unanimous consent that the order for addiction, the Federal Government This problem is not as huge in the the quorum call be rescinded. needs to invest in funding treatment rest of the country as it is in Massa- The PRESIDING OFFICER. Without and recovery programs now. So far, I chusetts and several other States, but objection, it is so ordered. am sad to report that Congress has we are a preview of coming attractions. Mr. MENENDEZ. Mr. President, I failed in this task. We have to make sure we put in place rise in strong opposition to the bill When I am home in Massachusetts, I the programs that are going to help that is before us today. We hear a lot of hear enormous frustration from people these families deal with this issue. nice rhetoric coming from the pro- who don’t feel adequate resources are Let’s put that number in context for ponents of this legislation. We hear being brought to bear on this epidemic the entire country. We have 41,000 that the bill is about revenue sharing. of prescription drug, heroin, and women who die each year from breast We hear that the funds will be used for fentanyl addiction. Countless individ- cancer. If we don’t stop this, we are on conservation and coastal restoration. uals and families suffering with addic- pace to having as many as 100,000 peo- We hear that the bill is about providing tion cannot find a bed for detox. Then, ple die from opioid overdoses every sin- parity, and at the same time, there is when they are at their most vulner- gle year, which is the same as having a lot of rhetoric, but underneath the able, they cannot find a place, a pro- two Vietnam wars worth of people rhetoric and the rosy picture being vider, or a behavioral support team for dying in our country every single year. painted, one thing is clear: This bill long-term treatment and recovery. We need to declare war on this epi- isn’t about conservation or infrastruc- To our everlasting credit, this past demic. We need to put the treatment ture or environmental restoration. May, my colleague Senator JEANNE and prevention programs in place. Thus This bill is about one thing and one SHAHEEN introduced legislation to in- far we have not provided the resources thing only: another giveaway to Big fuse a one-time payment of $600 million to the States, cities, towns, families, Oil. It is about paving the way for oil in emergency funding to combat this and community health care centers to drilling up and down the Atlantic crisis. We were denied. Then, again in be able to deal with this issue. coast. It is about expanding drilling in July, I and others argued on the Senate Right now in America there are more the gulf, even as those communities floor for the need to invest $1.1 billion than 2.5 million people who are depend- work to recover from the BP disaster. into opioid treatment and recovery ent upon opioids, but only a very small It is about turning the Arctic wilder- programs over 2 years. Again, we were percentage of them will get the treat- ness from a wildlife haven into an oil denied. We passed the Comprehensive ment they need and deserve. Our coun- field. Addiction and Recovery Act, or CARA, try should be providing for those fami- We have seen this from the majority but a vision without funding is just a lies. before—a legislative agenda focused on hallucination. We will not save lives I believe history is going to judge giving handout after handout to Big and stop this scourge of addiction with this Congress on the question of how Oil no matter what the cost to our con- just words and promises. well we responded to this epidemic, on stituents. The majority party, the I stand here again today to call on whether or not we heard the cries of party of so-called fiscal conservatism, my colleagues and both parties to come these families across the country to has no problem breaking out the together and pass legislation that in- provide them with the treatment they checkbook when it is time to give bil- cludes immediate, massive funding to need. This is an epidemic that began lions of dollars of tax subsidies to oil combat this ever-worsening opioid cri- because the pharmaceutical industry companies. They see no issue with cap- sis. Nearly 30,000 people in the United sold a bill of goods to the Food and ping the oil industry’s liability for the States died from an opioid overdose in Drug Administration and the American economic costs of offshore oil spills at 2014. Over the last few years Massachu- people that these prescription drugs $134 million—for spills that we know setts, which is mirrored in numbers were not, in fact, addictive. can cost tens of billions of dollars, but across the rest of the country, has seen Physicians across our country turned their liability is limited at $134 mil- a dramatic increase in the number of a blind eye, and, in fact, rejected man- lion. They are all too eager to lift the deaths related to opioids. datory training so they could correctly crude oil export ban, shipping U.S. re- In 2014, 1,400 people were estimated to prescribe opioids. Now it is 20 years sources and refining jobs overseas, and have died in the State of Massachu- later, and this prescription drug epi- now we have a bill before us that is de- setts from an opioid addiction. Last demic that morphed into a heroin epi- signed to make it easier to drill in the year the number went up to 1,700 peo- demic has now morphed into a fentanyl Arctic, gulf, and Atlantic. This bill ple who were estimated to have died epidemic, and fentanyl is infinitely doesn’t just line the pockets of oil ex- from an opioid addiction. In 2016, it is more dangerous than heroin and pre- ecutives; it takes away revenues from estimated that that number is going to scription drugs. the U.S. Treasury and increases the

VerDate Sep 11 2014 03:27 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.008 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6432 CONGRESSIONAL RECORD — SENATE November 17, 2016 deficit by $7 billion in the long term— my bill to permanently ban drilling in administration’s commitment to pre- a $7 billion debt that we are signing the Atlantic, but I am even more proud serving our environment, to protecting over to our children and grandchildren, that thousands of my constituents public health, and to strengthening along with a shoreline full of oil rigs. have taken the time to email, call my global economies. We have a responsibility in Congress to office, or become citizen cosponsors of It is not just the Atlantic that de- make better for future generations and the bill. Many of them shared their serves this protection; I also hope that not to leave them with a dirty, costly thoughts on why we should ban Atlan- President Obama gives the same con- legacy based on the fuels of the past, tic drilling. sideration to the Arctic Ocean. The but serving future generations doesn’t Charles from Toms River wrote: ‘‘We Arctic is a fragile ecosystem depended help oil companies in the short term, already have shoreline concerns thanks on by subsistence hunters and diverse and the majority party has made their to Superstorm Sandy. We definitely wildlife. Extreme cold and harsh choice clear. We have seen this before. don’t need another threat to our econ- weather conditions make an Arctic oil- Yet it is hard not to be surprised by the omy.’’ spill both more likely and harder to timing. We are one week past an elec- Jeanne from New Brunswick wrote: clean up. tion where my colleagues on the other ‘‘Tourism is a major New Jersey busi- Declaring the Atlantic and the Arctic side of the aisle campaigned on prom- ness. Our beaches are pristine and must off limits to Big Oil is a step the Presi- ises to ‘‘drain the swamp’’ and break be protected.’’ dent can take immediately to show the mold in Washington and free gov- Leopoldine from Highland Park that we as a nation are committed to ernment from the powerful special in- wrote: ‘‘I would rather give up my car the future of our shore towns, our terests. What is the first bill we debate to save on oil consumption than give beaches, and our environment, and to on the Senate floor after that election? up the Jersey Shore.’’ being good stewards of the land for fu- Another giveaway to Big Oil, one of the My constituents are not alone. There ture generations of Americans. most powerful special interests in are 120 municipalities up and down the Our public lands should be just that— Washington. Atlantic coast that have opposed off- public assets that are part of our na- Unfortunately for voters who bought shore drilling and the seismic blasting tional heritage. This Presidential ac- into the campaign rhetoric, it is very used to locate oil deposits. Over 1,200 tion will ensure that we treat them clear who the majority party is here to elected officials have done the same. that way instead of monetizing them serve in Washington. It is not the peo- They have been joined by an alliance of to build profits for the oil industry. ple who elected them; it is the same over 12,000 businesses and 500,000 fish- To me, the decision on offshore drill- corporations and special interests that ing families. Their opposition to off- ing is a simple question of values. I have set the public agenda for years, shore drilling transcends political value the generations of families who and that agenda doesn’t come without boundaries and geographic boundaries spend their vacations on the Jersey costs. alike. It unites local chambers of com- Shore. It is a birthright. I value the Drilling for oil is a risk-reward prop- merce with environmental advocates. small businesses and fishermen who osition. All of the risk is on the backs We are hearing the same message, have built and sustained a thriving of our shore communities, and all of whether it is from a beach town in shore economy against all odds in the the reward goes to Big Oil. For New Georgia, a homeowners association in wake of Superstorm Sandy. I value Jersey, those risks are substantial. An Delaware, or the North Carolina Coun- having clean coastal waters, which are oil spill in the Atlantic would dev- cil of Churches: Not on our shores. The astate our tourism industry, which home to diverse and rich ecosystems. I people who elected us have spoken generates $38 billion a year and sup- value the commitment New Jerseyans clearly, and we in this Chamber should ports nearly half a million jobs—nearly have for a clean energy future. Drilling be listening. 10 percent of the State’s entire work- in the Atlantic is antithetical to any of This past March, President Obama force. An oil spill in the Atlantic would these values. And it is because of those made it clear that he was listening destroy one of the largest saltwater values that I intend to stand with the when he fully removed the Atlantic recreational fishing industries in the millions of Americans who have raised Ocean from the 5-year oil and gas leas- Nation. Just in our State, it would their voices and delivered the message ing plan. This was an important vic- jeopardize over 50,000 jobs in the sea- to big oil: Stay off our shores. tory, but it was only a temporary vic- food industry. An oil spill would sink I look forward to working with my the value of $700 billion worth of coast- tory. colleagues and my constituents in the It is clear by the Senate’s consider- al properties, family homes, and small coming weeks to secure a permanent ation of the legislation before us today businesses. drilling ban for the Atlantic and Arctic The people I have met on the Jersey that lining the pockets of big oil execu- Oceans. It will be a lasting message for Shore are some of the most hard-work- tives is going to remain a top priority future generations that we are not ing, resilient people I have ever known. for the majority party. We must do ev- willing to sell the future of their econ- These are people who, even today, are erything in our power to stand up to omy or the future of their environment rebuilding their lives and livelihoods in the oil industry, protect our coastal for short-term profits. It is a fight the wake of Hurricane Sandy. These communities, and fight for the people worth having, and it is one I believe we are the fishermen who wake up at 5 in whose lives depend on a vibrant shore can win. the morning and spend the day work- economy. With that, I yield the floor. ing their fingers to the bone to provide That is why today I am calling on The PRESIDING OFFICER. The ma- for their families. These are the shore President Obama to use his authority jority whip. businesses that depend on a summer under the Outer Continental Shelf Mr. CORNYN. Mr. President, soon we tourism season to meet their expenses Lands Act to permanently ban drilling will have a chance to vote on the throughout the year. The last thing in the Atlantic Ocean. The authority American Energy and Conservation they need is the threat of an oilspill was given to the President by Congress Act, a bill that has been championed wiping out their businesses, hard work, to permanently protect coastal waters by our colleague from Louisiana—actu- and ability to provide for their fami- from oil and gas drilling, while still al- ally, both of them, Senators CASSIDY lies. lowing for important economic activi- and VITTER—and they have done a ter- The oil companies that would benefit ties such as fishing, shipping, and de- rific job of getting us to this point from this bill don’t need our help. veloping offshore wind energy. Unlike a where we are voting on this important Large oil companies—even with gas traditional Executive order, this des- piece of legislation. prices as low as they are—are making ignation cannot be undone by a future This bill is about as straightforward annual profits the likes of which the administration. It would ensure that as it can get. It incentivizes American people on the Jersey Shore will not see the rights of our shore communities— energy production through revenue in a lifetime. Those people have been to run their businesses, to vacation sharing agreements with the Federal working to make their voices heard. with their families, to fish in clean Government. This is important because I am proud there are currently 11 coastal waters—are protected for gen- States like mine—especially along the other Senators who have cosponsored erations to come. It would continue the gulf coast—spend an awful lot of

VerDate Sep 11 2014 03:27 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.010 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6433 money investing in infrastructure to gas production, and this fact was un- abundance of, cheap, liquefied natural support an industry that benefits not derlined and emphasized just this last gas—we can provide an alternative en- just our States, not just the region, but week when the U.S. Geological Survey ergy supply to countries in Europe and the entire country. It is time to bal- announced that one shale formation in around the world. ance these costs with reasonable rev- the Permian Basin near Midland-Odes- So we need to seize this opportunity enue sharing agreements such as we sa contained the largest estimate of to reform the regulatory process. We have struck in the past. Given that continuous oil that they have ever sur- need to address the renewable fuel these States produce a big portion of veyed in our country. This should give standard, which is not working for any- the oil and gas our entire Nation needs us a little bit of humility when it body, and we need to build on the en- to keep the lights on, it is only right comes to making long-term pre- ergy renaissance occurring in States that these States should benefit from dictions. I don’t know whether it was such as North Dakota and Texas and some modest revenue sharing. This leg- 10, maybe 15 years ago, there was some States that take a pro-growth, pro-en- islation would make sure that is pos- discussion about something called peak ergy outlook. sible. So I hope our colleagues will sup- oil. In other words, the argument was I am proud of the energy-friendly en- port it when we vote on it shortly. that we had basically discovered all of vironment in my State. The Texas ex- ENERGY POLICY the oil and gas there was to discover ample proves that we can take advan- This legislation is a good example of and there wasn’t any more out there. tage of the natural resources that God the kind of energy policy that a new This just shows how time and time blessed us with to help consumers, to Congress can put forward next year and again people underestimate the initia- help seniors, to help people on fixed in- actually have the prospect of being tive and the ingenuity of our entre- comes, and we can do this without signed into law under a new adminis- preneurs and the people who work damaging the environment. We can ac- tration, under a new President. hard, including our scientists, to create tually do it and improve the environ- One of the things I think I have ob- new technologies to help us move for- ment, as we have seen in the case of served about the Obama administra- ward. That is why I am optimistic natural gas production and use taking tion is that while the President claims about our country as long as we don’t the place of other forms of energy pro- to be ‘‘all of the above’’ in terms of his stand in the way of those innovators duction, and a reduction in emissions outlook on energy, he really isn’t. He and those entrepreneurs. occurring consistently as well. is into picking winners and losers. One In Texas we have learned that the So it is time we take this know-how of the reasons many people in coal-pro- best policies sometimes are just to get to the rest of the country. ducing regions in our country felt be- the government out of the way, off our I want to make it clear that making trayed by his policies and by the Presi- back, out of our way, with its hand out our energy sector stronger is so essen- dent was reflected in the outcome of of our pocket, and frankly, let the ex- tial because it benefits everyone. No. 1, the vote. In West Virginia, for example, perts do their jobs with limited bureau- it creates jobs. It creates benefits for I think Mrs. Clinton got 27 percent of cratic influence. That is something the families who are provided for by those the vote in a State that previously had whole country can benefit from, and I jobs. It helps daily commuters out on been predominantly a Democratic am hopeful that during this new ad- the road with affordable energy. It also State. That is because many people felt ministration under President-Elect helps small businesses do what they as though their very livelihood had Trump, working with Republican ma- can do to keep the lights on, not to been taken from them as a result of the jorities in both Houses, we can begin to mention the jobs, as I said a moment regulatory overreach and, frankly, untangle the stranglehold the regu- ago, created by a healthy energy indus- what they call—and I think appro- latory state has imposed on so much of try. priately so—the War on Coal. our economy, whether it is in the With the election that occurred on But, as I said, ‘‘all of the above’’ is November 8, with the Republicans in actually the right policy; it is just that banking industry—I see the chairman the majority in both Houses and now I don’t think President Obama ever of the Banking Committee here, and he with President-Elect Trump coming really meant it. knows this hot topic well. The regula- A lot of folks try to paint with broad tions put on our small businesses, on into the White House, we can make strokes about energy: Either you are our energy producers—all of this has real strides in energy innovation and on the side of the environment, climate stunted the sort of normal economic production. It is really a historic op- change, or you are on the side of inno- rebound we would see following a reces- portunity, if we think about it. I look vation and new technologies, or you sion like we had in 2008. forward in the future to discussing are on the side of traditional oil and I am looking forward to getting a lot even more ideas about how we can cap- gas development. done to help free up our Nation’s econ- italize on our Nation’s energy re- I would dare say—and this may come omy and in particular by promoting sources for everyone’s benefit. as a surprise to some of my col- our Nation’s energy resources. We used Mr. President, I yield the floor. leagues—that Texas actually produces to think of natural resources as a tre- The PRESIDING OFFICER. The Sen- more clean energy from wind than any mendous benefit and a comparative ad- ator from Alabama. other State in the Nation. I know we vantage one nation has over another, HONORING JOHNNY MICHAEL SPANN are known as an oil and gas State, and but I have to tell my colleagues that Mr. SHELBY. Mr. President, I rise that is true, but we really do embrace we have squandered those natural ad- today to honor the life and the legacy an ‘‘all of the above’’ strategy. As a re- vantages we have had in this country of an Alabama patriot and American sult, I think it has really helped our by not unleashing this sleeping giant of hero, Johnny Michael Spann. economy stay ahead of the national American energy. Nearly 15 years ago, on November 25, economy, even during tough economic It is not just important to our econ- 2001, while fighting on behalf of our times for the country. So we can have omy, it is important to our national se- grateful Nation, Mike made the ulti- literally an ‘‘all of the above’’ policy, curity and the world order. As we all mate sacrifice to our country in north- including one that works well for the know, in Europe and elsewhere, people ern Afghanistan. Mike Spann served as environment. As a matter of fact, be- like Vladimir Putin use energy as a a U.S. Marine officer and then later cause of fracking and horizontal drill- weapon. When people have a sole with the CIA, when he became the first ing and the ability to produce more source of energy and it is from Russia U.S. combat casualty in the War on natural gas in the United States, we and he can turn it off and on at his Terror in Afghanistan. have actually seen emissions into the whim, that creates a lot of problems As Americans we honored the sac- environment come down dramatically for them and, frankly, keeps them from rifices made by those who have served because more people are opting for nat- asserting themselves in the world and defended our Nation on Veterans ural gas rather than other fuel sources. order. But by providing export capacity Day last week. Mike Spann is one of So this is, frankly, a win/win propo- like we did with lifting the export ban the heroic Americans who ran towards sition. on oil in December and, hopefully, danger, putting his life on the line to We know that, as I said, Texas is doing the same thing with liquefied fight for our freedom. Mike Spann was known as leading the way in oil and natural gas—something we have an dedicated to combating the tyranny,

VerDate Sep 11 2014 03:27 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.012 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6434 CONGRESSIONAL RECORD — SENATE November 17, 2016 oppression, and terror that would be providing oil resources, mineral re- What we are considering today with inflicted on the world by the Taliban sources—and still have this amazing the legislation that we will vote on and others who share their goals. He place that people from around the shortly is an effort to expand Federal gave his life to a noble undertaking, world want to see. Our State has truly revenue sharing to offshore areas. It is and our Nation will be forever indebted managed to balance accessing our re- time to do just that. This is a matter to him and his family for his service. sources while still maintaining the en- of simple fairness. At its core, it is a It is my honor to offer my deep ap- vironment and the natural beauty that matter of simple fairness. Offshore pro- preciation and gratitude to Mike makes us who we are. duction should be no different than on- Spann for his willingness to put him- I think many here are aware that shore production. No other State will self in harm’s way to protect the val- Alaska is this amazing place, but what bear the burden of development like we ues and freedoms that we hold dear. I am about to say should not surprise will. Most will only see the end result His life exemplified honor and courage, or amaze people. A majority of the of it. They will see the benefits that and he will always be remembered for residents living in Alaska’s Arctic, a come from it—the benefits that come his great sacrifice. majority of the tribal governments, a with affordable fuel coming out of the As the Director of Central Intel- majority of Alaska’s Native corpora- pump at their local gas station, for in- ligence said at Mike’s funeral, ‘‘May tions representing Alaska’s Natives stance. But those who host the devel- God bless Mike Spann, an American of who live in the Arctic, a majority of opment will bear the burden of devel- courage, and may God bless those who residents statewide, a supermajority of opment, and in Alaska we are willing love and miss him, and all who carry our State legislature, our Governor, to bear that burden. on the noble work that he began.’’ and every Member of the Alaska con- This legislation has been carefully We should not forget Mike Spann and gressional delegation whole-heartedly crafted to apply only to States where others like him. support oil and gas development in the responsible OCS development is sup- I yield the floor. Beaufort and Chukchi Seas. ported. That is important to reinforce. I suggest the absence of a quorum. I know that the President, the Sec- We are not pushing this on those who The PRESIDING OFFICER. The retary of the Interior, and the team do not want development. The legisla- clerk will call the roll. that is responsible for developing a tion applies only to States where re- The bill clerk proceeded to call the leasing program for Alaska’s Outer sponsible OCS development will sup- roll. Continental Shelf have all heard this port it. So if a Senator is not inter- Ms. MURKOWSKI. Mr. President, I support because, believe me, we have ested in this development, we have re- ask unanimous consent that the order made sure that they have. So I am hop- spected their views and left their State for the quorum call be rescinded. ing that the news reports I have just out of this legislation. This is only The PRESIDING OFFICER. Without heard—as I walked onto the Senate about revenue sharing. Our bill will not objection, it is so ordered. floor—from a reporter about rumors open any new offshore areas to energy Ms. MURKOWSKI. Mr. President, I that the administration intends to put development. So those that would sug- come to the floor to speak in strong off-limits the Beaufort and Chukchi in gest that this is a Pandora’s box, well support of S. 3110, the American En- this upcoming 5-year OCS lease plan. I that is clearly not the case. We are ergy and Conservation Act. I would hope the news reports are wrong. I talking about the revenue sharing that like to thank my colleague from Lou- hope they are nothing more than a will come to those who support the de- isiana for introducing it, and I would rumor. I hope the administration will velopment offshore. It will not force also like to thank all of the Members see reason and that it will allow new any State to develop its resources if who are cosponsoring it with us. I cer- lease sales to proceed in the Arctic as that State does not want to do it. Flor- tainly thank Leader MCCONNELL for is clearly the desire of the vast major- ida is a good example. Florida would scheduling a vote on it this morning. ity of Alaskans. see no different treatment after the I would like to begin by providing a This is not the only step that this ad- passage of this bill. little bit of context for why this legis- ministration should take. When re- What the American Energy and Con- lation is necessary before I move into sponsible resource production does servation Act will do is to make our specifics of what it contains. begin in the Alaska OCS, the 96-year- policies equitable so that the States For literally centuries in Alaska, we old Federal policy of sharing resource that bear the burden of development have relied upon balanced and environ- revenues with the States hosting this are finally allowed to share in the gov- mentally responsible resource develop- development must also apply. ernment’s rewards. This is true for ment. Whether it is fish, game, our The Mineral Leasing Act of 1920 es- both conventional energy such as oil mineral resources such as copper or tablished this policy for Federal on- and gas as well as the renewables that gold, timber, our marine mammals, or shore revenue sharing at a time when many Members of this Chamber claim oil that was used to waterproof ocean- there was very little offshore produc- to support. going vessels, resources have been ex- tion occurring in our country. That In addition to allowing offshore rev- tracted or harvested relatively lightly policy has not forced resource develop- enue sharing for Alaska and the Middle for thousands of years but more inten- ment on States that are not interested, Atlantic States, we have also incor- sively harvested and extracted over the but instead it recognizes that the de- porated a number of priorities that this last 100 years. This resource extraction velopment requires infrastructure that Senator believes the Senate would do has fed us, it has housed Alaskans, and counties and State governments pay well to approve. it has allowed us to sustain a life in of- for. Some of these priorities are pretty tentimes a very harsh but, without Congress realized in 1920 that we need important to us. We have a small fund- question, an extraordinarily beautiful to share the revenues from resource de- ing stream to increase sportsmen’s ac- environment. velopment to help local and State gov- cess to Federal areas for hunting, fish- In the last few years, resource ex- ernments with the impacts of these ac- ing, and similar activities. We have in- traction has become strategically and tivities. This policy has nationwide cluded additional funding streams for economically important to the liveli- benefits from the east to the west, energy research and to reduce the de- hoods of all Americans. We have care- from the north to the south. Just in ferred maintenance backlog at the Na- fully regulated our resource extraction the past 10 years, residents of Michigan tional Park Service. This is something and protected our environment, and have received $5.7 million of shared so many of us have talked about—how today millions of tourists from all over Federal revenues. Missouri residents to achieve the funding necessary to re- the world come to Alaska to view na- have received $30.6 million. Residents duce the backlog at the National Park ture and look at the amazing land- of Nevada have received $108.6 million. Service. This will help them. It also scapes that are hard to find anywhere I have full confidence that these States provides a funding stream for TIGER else in the world. and counties put those dollars to tre- grants at the Department of Transpor- Some might say that it is a con- mendous productive use and certainly tation. tradiction to have resource extraction do not have any interest in parting We fund a tribal resilience program. on the level that we have in Alaska— with them. This is very important to us in my

VerDate Sep 11 2014 03:27 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.014 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6435 State of Alaska, to ensure that our Na- communities that bear some of the im- atively impacted by these policies. De- tive communities have the ability to pact of development in the States that veloping energy in America is a win- adapt to a changing climate and to in- do want it, like my State. That is what win-win for everybody, including the vest in critical infrastructure. If coast- this is about. environment. al erosion is impacting this, whether it I am hoping all of my colleagues will I certainly hope my colleagues will is the water infrastructure in a place vote favorably for this very important vote in favor of this bill that we are like Barrow, whether it is the need for bill. Senator MURKOWSKI also talked going to vote on in a few minutes. I an emergency evacuation route for a about how this bill does not open new certainly would urge the Obama ad- community such as Shismaref or areas. At the same time we certainly ministration not to make the short- Kivalina or relocation, this can help to should not be shutting down areas that sighted decision to kill more jobs and facilitate this with our Tribal Climate exist right now for responsible resource energy production in my State by lock- Resilience Program. development in this country. ing up the Arctic OCS before they We have also dedicated revenues to In addition to focusing on this bill, leave. the PILT program, which has become a which I certainly hope we pass soon, we I yield the floor. chronic funding challenge. If you vote also—I just want to mention we are The PRESIDING OFFICER. The Sen- for this bill, what you are voting for is hearing indications that despite the ator from Florida. a more rational energy policy for our fact that our country needs more en- Mr. NELSON. Mr. President, this Senator, who has a great stake in this country. You are also voting for sports- ergy and more jobs to grow the econ- legislation, is certainly not opposed to men’s rights, for renewable energy, for omy, the President might move to drilling off the shore, unless it happens the health of our national parks, for close the OCS development off the to threaten the interests of the United better infrastructure, and for our na- coast of my State to further oil and gas States. In many places on the Atlantic tive communities and their ability to exploration and production before he coast and certainly the gulf coast, such be more resilient and adaptable leaves office. This would not only uni- as the Gulf of Mexico off of Florida, it On the other hand, if you vote laterally harm Alaska’s economy and is the largest testing and training area against this bill, you are not voting to kill thousands of good jobs, but it also for the U.S. military in the world. Two halt or even limit offshore develop- fundamentally misunderstands what is Republican Secretaries of Defense have ment. What you are doing is voting to going on in the country right now. It said: You cannot have drilling activity continue an unfair practice toward the fundamentally misunderstands the off the coast where this restricted mili- coastal producing States, and you are enormous opportunity of energy for tary area is. America. also voting against the priorities of You looked at a map of what the For 8 years we watched the Obama thousands of your constituents. Those military has suggested off of Virginia. administration delay, disrupt, and of us who have assembled this bill have It is the same thing. It is no oil and gas block energy development for America, respected those who do not want devel- activity at all, and then no permanent certainly for Alaska but also for the opment off their shores. Now we would oil and gas activity in a remaining por- whole country. It shows an incredible ask those Members to respect those of tion off the State of Virginia. us who do support development for our lack of understanding of what a great In the State of Florida, of course, we States. We ask you to support this leg- opportunity this is. Let me give some have all the other considerations, the islation. examples: making sure that we have economic ones, a $50-billion-a-year I see my colleague from Alaska. I our own energy, that we produce our tourism industry that depends on our think it is fair to say that not only is energy, that we can be energy inde- beaches being clean. our Congressional delegation very uni- pendent, that we can create jobs. These This Senator certainly does not have fied on this, but the support from our are great jobs, by the way, for our an objection to oil drilling off of the State and an understanding as to why country. coast of Louisiana. The last time I revenue sharing for Alaska and other Also, something that is never really checked, they did not have a lot of coastal States that seek this develop- acknowledged is that in Alaska and beaches. But that is what this bill does. ment is critically important. I appre- other places in the United States we It gives the incentives for States be- ciate all of the good work he has done have the highest standards on the envi- cause they get additional Federal rev- on this issue to help it advance. ronment, the highest standards of de- enue. By the way, CBO says that is $7 I yield the floor. veloping our natural resources offered billion over a 10-year period that would The PRESIDING OFFICER. The Sen- anyplace in the world. So when the otherwise go to the Federal Treasury ator from Alaska. Obama administration has been delay- that would go to the States. It gives Mr. SULLIVAN. Mr. President, I ing projects year after year—tiny them that incentive to have drilling off commend my colleague Senator MUR- cuts—Shell had to spend 7 years and $7 their coasts. KOWSKI, who occupies certainly one of billion to get permission from the For those reasons alone, I would sug- the most important positions in the Obama administration to drill one ex- gest that the right vote is to vote no on country with regard to energy as the ploration well in 100 feet of water. this legislation. chairman of the Energy and Natural Eventually they just said: We give up. I yield the floor. Resources Committee, for her leader- We are leaving. What does that do to The PRESIDING OFFICER. The Sen- ship on this bill and so many other the country? It harms our energy inde- ator from New York. bills. I am proud to be a cosponsor, pendence. It kills jobs. Mr. SCHUMER. Mr. President, the with a number of other Senators, of the But here is something else it does. It bill before us would incentivize off- American Energy and Conservation doesn’t help the environment as some shore drilling for vast swaths of the At- Act, which will be taken up here in a claim, as the Obama administration lantic coast, in Virginia, North Caro- few minutes. claims. What it does is take capital to lina, South Carolina, and Georgia, put- I echo what Senator MURKOWSKI said develop energy resources from Amer- ting one of our most precious natural about this bill. It is a commonsense ica, from Alaska, the places that have resources and drivers of economic bill. We already have revenue sharing the highest standards on earth, and it growth at risk in order to enrich a few for onshore oil and gas production, so shifts that capital to places like Russia big oil companies. The two Democratic it only makes sense—really it is only or Azerbaijan or Kazakhstan or Brazil. leads on the relevant committees—we fair, as she noted very articulately— Remember when the President said: have just heard from one, Senator NEL- that the States closest to the impacts Yeah, we should drill off the coast of SON, and we will hear from another, of OCS drilling also receive their fair Brazil in thousands of feet of water. He Senator CANTWELL—are very knowl- share of revenues from resource extrac- was supportive of that, but he is not edgeable about the risks to coastline tion off their coast. supportive of drilling off the coast of communities posed by offshore drilling. Again, as Senator MURKOWSKI men- his own country. It moves the capital They are opposed to this legislation. I tioned, this is not going to open up de- to these places that do not have high agree with them. velopment where States don’t want it. standards on the environment. So, It should be readily apparent to ev- It is just providing a fair share to the overall, the global environment is neg- eryone in this Chamber why this bill is

VerDate Sep 11 2014 03:27 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.015 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6436 CONGRESSIONAL RECORD — SENATE November 17, 2016 a bad idea. Fishing and tourism on the In spite of the Supreme Court’s deci- them, but it is a terrible deal for the Atlantic coasts accounts for tens of bil- sion, Congress voted to give away the Nation as a whole and the other 41 lions of dollars in annual revenue. In submerged lands beneath our terri- States that will not have the revenue. my home State of New York, commer- tories and seas to the adjacent States What will they do about the raid to the cial fishing accounts for tens of mil- in 1953. That Submerged Lands Act was Federal budget of over $7 billion that lions of dollars of revenue. dubbed the ‘‘Oil Give-Away Law’’ by its will be absent from the Federal Treas- From the pristine beaches of Florida, opponents. The law gave the coastal ury? Are my colleagues going to raise from Daytona to the Outer Banks, to States the submerged lands to a dis- taxes on the other side to supplant that Virginia Beach, the Atlantic Seaboard tance of 3 nautical miles from the revenue, that $7 billion loss? Again, is home to some of our most visited coast land. those revenues belong to the Nation as and beloved vacation spots. A drastic For these historical reasons, Florida, a whole, to our citizens, not just the increase in offshore drilling, as this bill Texas, and others were included. But in nine coastal States. intends, comes with drastic risks, risks the ‘‘Oil Give-Away Law,’’ they also President Truman said when he voted that are not imagined or even hypo- gave coastal States the right to de- on an earlier version of the oil give- thetical any longer. We know that velop oil and natural gas resources be- away bill: after Deepwater Horizon and other dis- neath the submerged lands and retain The vast quantities of oil and gas in the asters. all of the royalties for themselves; submerged ocean lands belong to the people When it comes to protecting our thus, this big discussion about whether of all States. They represent a priceless na- unique and nearby Atlantic Ocean tional heritage. This national wealth, like we are going to give Federal resources other lands owned by the United States, is habitats, we must guard against poli- away to these States and put a hole in cies that can best be summed as ‘‘spill held in trust for every citizen of the United our Federal deficit to the tune of $7 bil- States. It should be used for the welfare and baby, spill.’’ It is a risk we don’t need lion. In giving away to the coastal security of the Nation as a whole. to take. Domestic energy production States the first 3 nautical miles of the I ask my colleagues, please do not has grown significantly over the past 8 Continental Shelf, Congress made it blow a $7 billion hole in the Federal years. Our dependence on foreign oil is clear at that time that it was retaining Treasury and give it to a few States, at a 40-year low. I would also call into for the Nation as a whole the Outer when these lands and resources belong question the revenue sharing proposals Continental Shelf, the rest of the Con- to all of us. If we want to help our of the bill. Over the long term, it would tinental Shelf. So the Outer Conti- coastal States in some other economic direct $7 billion—billion, that is, not nental Shelf Lands Act, enacted just 3 way or some way, let’s discuss that, million—away from the Federal Treas- months after the lease giveaway, gave but blowing a hole of $7 billion in the ury. States would see some of that the Federal Government exclusive Federal budget and then trying to money, but the real winners would be ownership and control over the min- make it up later on the backs of the the big oil companies for which the erals and wealth of the Outer Conti- rest of our constituents is an unfair market would be tilted even more in nental Shelf. deal for the American taxpayer. their favor. We are here because States not satis- I urge my colleagues to vote no on I think it is telling that one of the fied with the generous gifts—Alabama, this proposition. first bills the Republican majority puts Mississippi, Louisiana, and Texas—per- I yield the floor. on the floor is a boon to special inter- suaded Congress to give them even CLOTURE MOTION ests. I urge my colleagues to vote no on more revenue in 2006—37.5 percent of The PRESIDING OFFICER (Mrs. the bill. FISCHER). Pursuant to rule XXII, the I ask unanimous consent that our the Federal Government royalties. Chair lays before the Senate the pend- leader on our Energy Committee, the Again, some of my colleagues may ing cloture motion, which the clerk Senator from Washington, be given the have supported this—but also added to will state. time she needs, even if it delays the our Federal deficit and blew a big hole The senior assistant legislative clerk vote for a couple of minutes. into what were Federal revenues at read as follows: The PRESIDING OFFICER. Without that time. objection, it is so ordered. Senator CASSIDY’s bill would com- CLOTURE MOTION Mr. SCHUMER. Mr. President, I yield pound this huge loss to the Federal We, the undersigned Senators, in accord- the floor. Treasury. It begins by raising the $500 ance with the provisions of rule XXII of the The PRESIDING OFFICER. The Sen- million annual cap on the payment of Standing Rules of the Senate, do hereby Federal royalties to the Gulf States move to bring to a close debate on the mo- ator from Washington. tion to proceed to Calendar No. 543, S. 3110, Ms. CANTWELL. Mr. President, I from $500 million to $835 million from a bill to provide for reforms of the adminis- come to the floor to join my colleagues 2027 through 2036 and then, in addition, tration of the outer Continental Shelf of the who have already spoken on this issue, $705 million from 2037 to 2055. United States, to provide for the develop- but maybe to give a little bit more of But this bill doesn’t stop just there, ment of geothermal, solar, and wind energy a historical context. it extends the payment of royalties to on public land, and for other purposes. I know my colleagues from a variety five more coastal States—Alaska, Bill Cassidy, John Cornyn, Pat Roberts, of States throughout the United States Georgia, North Carolina, South Caro- Mike Crapo, Lamar Alexander, Shelley have presented a different viewpoint lina, and Virginia—and gives 37.5 per- Moore Capito, Daniel Coats, Mike Rounds, Richard Burr, John Barrasso, and have a viewpoint because of their cent of the Federal revenues from oil John McCain, Orrin G. Hatch, Thom own economic interests in their State, and gas leases on the Outer Conti- Tillis, Johnny Isakson, John Boozman, but the larger question here is what is nental Shelf to the coast of Alaska, David Vitter, Mitch McConnell. in the economic interests of the United and it gives 37.5 percent of Federal rev- The PRESIDING OFFICER. By unan- States? All of the land submerged be- enue from the Outer Continental Shelf imous consent, the mandatory quorum tween the territory and seas beyond to the Atlantic coast: Virginia, North call has been waived. our shores and the oil and gas re- Carolina, South Carolina, and Georgia. The question is, Is it the sense of the sources they contain belong to the Na- I get that my colleagues would like Senate that debate on the motion to tion as a whole and to the people of the this money grab out of the Federal proceed to S. 3110, a bill to provide for United States. More than 60 years ago, Treasury. I am sure many of our col- reforms of the administration of the a few of these coastal States tried to leagues would write Federal legislation outer Continental Shelf of the United claim the submerged lands and their that would also give their States rev- States, to provide for the development resources, but the Supreme Court re- enue. But all of these amounts, in addi- of geothermal, solar, and wind energy jected that, rejected the coastal States’ tion to the State royalties by the on public land, and for other purposes, claims, and held that submerged lands coastal States for oil and gas leases on shall be brought to a close? and their resources did belong to the the Outer Continental Shelf, are in The yeas and nays are mandatory Nation—the whole Nation. Their re- contrast, I believe, to our national in- under the rule. sponse was: ‘‘National interests, na- terest. The clerk will call the roll. tional responsibilities, national con- This may be a great deal for the nine The senior assistant legislative clerk cerns are involved.’’ States and the Senators who represent called the roll.

VerDate Sep 11 2014 03:27 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.017 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6437 Mr. CORNYN. The following Senator who we are. The American experiment election, I accept it, and so do Presi- is necessarily absent: the Senator from began with the casting off of the Brit- dent Obama and Secretary Clinton. Alabama (Mr. SESSIONS.) ish monarchy as American patriots I hope Americans of all political Mr. DURBIN. I announce that the spilled blood for the right to control stripes can acknowledge President Senator from California (Mrs. BOXER) their own destiny. Obama’s commitment to put President- is necessarily absent, I am proud to be standing here today Elect Trump in a position where he can The PRESIDING OFFICER. Are there as a member of the Sons of the Amer- begin working for the good of the coun- any other Senators in the Chamber de- ican Revolution, and one of my ances- try. I also hope that all Americans are siring to vote? tors served with General George Wash- able to appreciate Secretary Clinton’s The yeas and nays resulted—yeas 51, ington at Valley Forge. strength and resolve since the election nays 47, as follows: Our ancestors learned firsthand that and her acceptance of the electoral col- [Rollcall Vote No. 153 Leg.] freedom is not free, and it is not easy. lege result, once again showing that a YEAS—51 If you survey the systems of govern- person who receives the most votes Alexander Flake Moran ment in place across the planet since does not necessarily win, even though Barrasso Gardner Murkowski the advent of democracy in Greece over she received well over 1 million more Blunt Graham Perdue 2,500 years ago, it is clear that democ- votes than President-Elect Trump na- Boozman Grassley Portman racy is the exception and not the rule. tionally. Capito Hatch Risch Cassidy Heitkamp Roberts We live in a world that in 2016 has The weeks after elections generally Coats Heller Rounds theocracies, monarchies, and autoc- are a time for healing. While President Cochran Hoeven Rubio racies. The creation of a democracy Obama and Secretary Clinton have Corker Inhofe Sasse can require revolution, but its preser- Cornyn Isakson Scott done their part, we remain a very po- Cotton Johnson Shelby vation requires constant commitment larized country. This has been a par- Crapo Kirk Sullivan and sacrifice. We must hold onto this ticularly contentious, abnormal elec- Cruz Lankford Thune commitment if we want to keep our de- tion. I have never seen anything like it Daines Lee Tillis Enzi Manchin Toomey mocracy healthy. We have worked to- in my life. Ernst McCain Vitter ward the more perfect union envisioned During a campaign season, we need Fischer McConnell Wicker by the Framers of the Constitution. We to engage in vigorous debates about NAYS—47 have abolished slavery and expanded the future of our country and vigor- Ayotte Franken Paul the franchise to make sure that Ameri- ously advocate for our preferred can- Baldwin Gillibrand Peters cans can vote and have an equal say in didates. But when it is all said and Bennet Heinrich Reed our future. done, and the election is over, we must Blumenthal Hirono Reid We have also welcomed new genera- come together as a country and do Booker Kaine Sanders tions of Americans from every corner what is right for America. We must Brown King Schatz Burr Klobuchar Schumer of the globe. Just as I am proud to be seek a common good, especially at a Cantwell Leahy Shaheen a member of the Sons of the American time when the country is nearly equal- Cardin Markey Stabenow Carper McCaskill Revolution, I am also proud to be the ly divided. We need to think about the Tester Casey Menendez son of an immigrant. My father served dreams that unite us and not the night- Udall Collins Merkley Warner in World War II and met my mother in mares that could tear us apart. Coons Mikulski France. She immigrated to the United Michiganders from across the ideo- Donnelly Murphy Warren Durbin Murray Whitehouse States, started a family with my fa- logical spectrum want the same things: Feinstein Nelson Wyden ther, and found opportunity working as a job that pays a fair wage, the chance NOT VOTING—2 a nurse’s aide and an SEIU union stew- to send their children to good schools ard. and live in safe neighborhoods, afford- Boxer Sessions My parents are part of the greatest able, quality health care, and, after The PRESIDING OFFICER. On this generation—a generation of Americans they have worked their whole life, the vote, the yeas are 51, the nays are 47. who defeated Nazism in Europe, strug- ability to retire with dignity. While Three-fifths of the Senators duly cho- gled to advance equality here at home our economy continues to grow and sen and sworn not having voted in the during the Civil Rights Movement, and create jobs, too many families find affirmative, the motion is rejected. saw women move from home to the fac- themselves unable to get ahead. We The Senator from Indiana. tory floor, to the company board room. need to take a step back and ask some Mr. COATS. I suggest the absence of Our memories can be short as we can serious questions about whether our a quorum. become consumed in recent turmoil, policies are helping everyone. Are The PRESIDING OFFICER. The but we cannot forget the challenges American trade deals working? Are we clerk will call the roll. and successes of the past. We are fortu- doing enough to support American The senior assistant legislative clerk nate to still have living veterans who manufacturing? proceeded to call the roll. liberated German concentration While he tapped into some of these Mr. PETERS. Madam President, I camps. Millions of Americans still re- legitimate concerns over the past 2 ask unanimous consent that the order member the horrors of Jim Crow laws. years, it is no secret that President- for the quorum call be rescinded. As Martin Luther King, Jr., famously Elect Trump, unfortunately, ran a divi- The PRESIDING OFFICER. Without said, ‘‘The arc of the moral universe is sive campaign that stoked deep-seated objection, it is so ordered. long, but it bends toward justice.’’ We fears and anxieties in many Americans. BRINGING AMERICA TOGETHER have made progress in fits and starts, Much of the rhetoric of the Trump Mr. PETERS. Madam President, the and we have done so, in significant campaign far exceeded the acceptable United States of America has a number part, due to our constitutional democ- norms of political discourse. of defining characteristics: our diver- racy. Every democracy is different, and We cannot have a mainstream polit- sity, our commitment to free enter- our country continues to evolve, but ical dialogue that demeans women and prise, our ingenuity, and our cre- successful democracies share two com- disabled Americans or that advocates ativity. American ingenuity has given mon traits: One, they have fair, vig- for conversion therapy for LGBT Amer- us phones, automobiles, airplanes, and orous, and participatory elections icans. It is dangerous, it is unaccept- the Internet. Our creativity has made where citizens passionately support able, and it is not normal. It must us the world’s biggest exporter of cul- candidates of their choosing, and, two, never, ever be normal. We can never ac- ture, movies, television, and music when the election is over, all parties cept or normalize hatred. Trafficking ranging from Motown to Nashville and accept the outcome and facilitate a in racism, misogyny, xenophobia, beyond. peaceful, orderly transition of power. Islamophobia, and anti-Semitism is While these characteristics are cen- As long as these traits persist, we dangerous, it is unacceptable, and it is tral to who we are as a nation, I believe will remain a successful democracy. not normal. It must never be normal. it is our democratic system of repub- While I am deeply disappointed by the What is now happening with the ap- lican government that truly defines outcome of last week’s Presidential pointment of a White House Chief

VerDate Sep 11 2014 06:45 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.002 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6438 CONGRESSIONAL RECORD — SENATE November 17, 2016 Strategist with ties to the White na- together on and show Americans we was hit very hard. Over the course of tionalist movement is dangerous, it is are ready to do the people’s work. the last 3 weeks, I have literally seen unacceptable, it is certainly not nor- Democracy is a wonderful thing, but long stretches of interstate highways mal, and it must never be normal. I am history shows us that it can also be under water. I have seen major roads deeply alarmed that President-Elect fragile. We must preserve our demo- completely washed out. I have seen en- Trump has appointed Mr. Bannon to cratic institutions and show the people tire communities under water and a such an important position, and I urge of America that these institutions and couple of towns that have been washed him to reconsider this decision. their elected officials are working for away. Some of them were washed away I am proud that Michigan is a diverse all Americans. I intend to spend the just 20 years ago. State. I have heard from over 1,000 next 4 years working for what is right I have seen farms that were under Michiganders about Mr. Bannon’s ap- for our country and what is right for water for a period of time, and now pointment. Yes, some are angry, but Michigan, and I hope our President- their crops are rotting in the field. In more are scared—scared that the elect joins me. other cases, farmers who had harvested America that had welcomed them and I yield the floor. their crops and prepared their land for welcomed my mother is at risk of dis- The PRESIDING OFFICER. The Sen- the next planting season now have sand appearing. I have heard from mothers ator from North Carolina. and debris on their fields. and fathers, sons and daughters, Mus- f I have heard heartbreaking stories lim Americans, Jewish Americans, Af- from victims, rescue workers, and vol- MORNING BUSINESS rican Americans, and Latino Ameri- unteers. I will share some of those sto- cans. They are asking what their place Mr. TILLIS. Madam President, I ask ries. I also heard heartwarming stories will be in President Trump’s America unanimous consent that the Senate be about the responsiveness of our local, as our American experiment enters in a period of morning business, with State, and Federal agencies and the into an unprecedented new era. Senators permitted to speak therein kindness of neighbors and volunteers. As our Nation continues to move for- for up to 10 minutes each. I wish to thank the State and local ward, I would urge President-Elect The PRESIDING OFFICER. Without officials, FEMA, and the first respond- Trump to look back and consult the objection, it is so ordered. ers, who are doing an excellent job namesake of the city in which he will f under some of the most difficult cir- soon be living—President George Wash- cumstances. DEVASTATION FROM HURRICAN The death and destruction caused by ington. In a letter written in 1790 to MATTHEW the Newport Hebrew congregation, at Hurricane Matthew is really impossible the time the largest community of Mr. TILLIS. Madam President, I to comprehend. The 28 lives we lost are Jewish families in America, President come to the Chamber to talk about a a cross section of the State. They are Washington succinctly addressed their devastating event we have experienced parents and grandparents, sons and fears of religious oppression, and he in North Carolina. Last month, Hurri- daughters, leaders of our community wrote: ‘‘The government of the United cane Matthew skirted along the Atlan- and young people who had their entire States, which gives to bigotry no sanc- tic coast, and then it plowed right lives ahead of them. One of the victims tion, to persecution no assistance, re- through North Carolina with dev- was Charles Ivey. He was a resident of quires only that they who live under astating results. Matthew is the worst Lumberton, one of the areas that was its protection should demean them- storm we have experienced in almost 20 hardest hit. He was a pillar of his com- selves as good citizens.’’ years, and it is already responsible for munity. Charles served as a deacon and He added that ‘‘every one shall sit in taking some 28 lives. Sunday school director at West Lum- safety under his own vine and fig tree Millions of people in North Carolina berton Baptist Church. He was an ac- and there shall be none to make him and across the country watched as the tive member of the Lumberton Lions afraid.’’ storm made landfall, but after a few Club, Jaycees, Robeson County Fair President-Elect Trump won, and the days, many of them turned their atten- Board, and West Lumberton Commu- people are afraid. It is now his job to tion back to their daily lives. I don’t nity Watch. He was the loving father of bring our Nation together. It is his job fault them for doing this because un- two daughters, had four grandchildren, to give bigotry no sanction and perse- less you are there and see it firsthand, and leaves behind his wife Wanda. cution no assistance. The appointment it is easy to think it was just a lot of Another victim who perished as a re- of Mr. Bannon is clearly a large step in rain and a storm that came and went, sult of the storms was Isabelle Ralls of the wrong direction. If this is indic- but it is far worse than that. Thou- Godwin. She was a resilient woman ative of how the President-elect is sands of adults and children will take who survived cancer, triple-bypass sur- going to run his administration, he can years to recover from the devastation gery, and kidney failure. She devoted expect me and my fellow Democratic that they have experienced over the her life to others, spending years as a colleagues to fight him every step of last month. caregiver for the Peace Corps. She was the way. On the other hand, if the The first opportunity I had to survey a Sunday school teacher and the President-elect is prepared to be a the damage was just 2 days after the church historian at Spring Hills Bap- ‘‘President for all Americans’’ and to hurricane made landfall. I traveled tist Church. Her family and friends will ‘‘bind the wounds of division,’’ as he across the State in a helicopter with always remember her as a phenomenal pledged in his victory speech just last the commissioner of agriculture, and woman and role model who had an in- week, I certainly hope that we can find what I saw was remarkable. In fact, it spiring faith in God. common ground. was after the rain had occurred but be- These are just a couple of stories Whether it is making trade policy fore the floods began almost a week about the victims of Hurricane Mat- work for American manufacturers, sup- later. thew. They were all people I could porting small businesses, bolstering The next week I spent time with probably tell stories about. They were cyber security, establishing meaning- many of my staff working as volun- mothers and fathers, brothers and sis- ful paid and parental leave policies, or teers down in one of the areas that was ters, and loving friends—28 precious investing in infrastructure, if the hit hard by the flood. We worked with lives lost in total. I hope the family President-elect is ready to roll up his the American Red Cross, the Baptist and friends of the victims know that sleeves and do what is right by Amer- Men, and the Salvation Army, which millions of North Carolinians and peo- ican workers and American families, I were trying to prepare food and provide ple across the Nation are praying for will work with him. shelter for so many people who were them and their recovery. We don’t have Democratic bridges or displaced. Although the loss of life alone was Republicans roads; we don’t have I was back in the area last weekend, devastating, it is really not the total Democratic ports and Republican rail- and I had an opportunity to witness story. In fact, it will take years to re- road tracks. They are truly non- firsthand the farm damage and the cover. Hurricane Matthew was a mas- partisan. Improving our country’s in- damage to one of our major areas out- sive storm. To give you an idea, it is frastructure is something we can come side of Fort Bragg, an urban area that what is referred to as a 1,000-year flood

VerDate Sep 11 2014 03:27 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.029 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6439 event. In other words, for this area, I share these stories because North payer money; that is right, $23 billion statistically speaking, it will be an- Carolina will need help, just like West of stolen taxpayer money. other 1,000 years before they see the Virginia, Louisiana, South Carolina, How does this happen? Well, the theft amount of water dumped in the same Georgia, and Florida. Those States occurs when criminals gain access to period of time. It was a 500-year flood have also has been damaged in this someone else’s personal information, event for a massive part of Eastern storm season or in the flood season. like their name and Social Security North Carolina. Thousands of people Many people lost their lives, and those number, in order to essentially steal were forced out of their homes and re- States need help. North Carolina needs the tax refund that might be owed to located to shelters. Many are still in help. them for the tax returns that have temporary housing and thousands of My team is working with Senator been interrupted and sent before the the homes are not habitable. The storm BURR and my House colleagues to real- victim’s tax return has actually been flooded areas that were well outside of ly try and quantify the damage. Over filed. Often criminals file someone the 100-year floodplain. So many of the next couple of weeks, we will be else’s tax return before the victim does them didn’t have flood insurance. working to make sure we work with so the IRS ends up sending tax refund Last week I visited one of those com- our colleagues in other States to make money to criminals instead of the munities. It was a Habitat for Human- sure they get the assistance they des- workers who earned the money. When ity community that had some 90 homes perately need before we leave at the such abuses happen, not only is the IRS built over the last 15 to 16 years. Sixty end of the year. unknowingly paying criminals, but the of those homes are under water. Those More than anything else, I want to real tax refunds are denied or seriously 60 homes are not habitable, and as a re- make sure the victims of this storm delayed to the millions of hard-work- sult, 60 families are displaced. know they have people working for ing Americans who are counting on The pain is, as I said before, hard to them, and we are going to make sure those refunds. imagine. It is immeasurable. To give this great body and this Nation comes So for families who struggle to make you an idea, we have reports of several to their aid in their time of crisis. ends meet, annual tax refunds are often victims, and I have summarized a few I thank the Presiding Officer. seen as a lifeline, but when those fami- of them. Another victim is Ann John- I suggest the absence of a quorum. lies have their tax returns stolen, it son from Lenoir County, another coun- The PRESIDING OFFICER. The can take up to a year or more to rec- ty that was hard hit. She was one of clerk will call the roll. tify this mess. the many people who were displaced The senior assistant legislative clerk Sadly, many of these criminals prey and had to live in a shelter. As she was proceeded to call the roll. on senior citizens and low-income indi- waiting in the shelter, she told a re- Mr. COATS. Mr. President, I ask viduals because they know they are porter: unanimous consent that the order for more likely to receive a tax refund and I just feel kind of lost right now, loss for the quorum call be rescinded. less likely to pursue the lengthy and words. You kind of feel like you don’t have The PRESIDING OFFICER (Mr. often complicated process of getting anything and you’re just starting all over TILLIS). Without objection, it is so or- the tax return that is due them. again. dered. Some hacks have even targeted chil- Another victim, Perry Harris of WASTEFUL SPENDING dren under the age of 14, often because Johnston County, south of Raleigh, Mr. COATS. Mr. President, after a parents don’t think it is necessary to sustained more than $1 million in dam- long district work period and a na- monitor their children’s credit. Unfor- age to a small business that four of his tional election, I am returning to the tunately, this makes children easy tar- children worked at and had for some 15 Senate floor to resume my weekly gets. years. He said: ‘‘Waste of the Week’’ speeches. Within the past decade, identity It is very emotional. I’ve been trying to do The Presiding Officer and my col- theft-related tax fraud has exploded. In the best I can. I have four kids that work for leagues have watched me come to the fact, from 2011 to 2014, the Government me. It has been very hard on my family. We floor 53 times in the 114th Congress to Accountability Office and the Treasury just don’t know what tomorrow brings. talk about documented waste, fraud, Inspector General for Tax Administra- Another victim, Charlie Mitchell, and abuse, and the expenditure of tion, TIGTA, estimates that the IRS who is a farmer in Wayne County, lost funds—of taxpayer dollars—on things paid out $23 billion in tax refunds to the home he lived in for 49 years. He that produce no positive effect. identity thieves instead of the tax- has a 2,000-acre farm that was sub- Regardless of which party is control- payer who was due the money. Let that merged under water. He said: ‘‘I’ve ling any branch of government—and we sink in—$23 billion paid out by the been in floods or around floods all my have had a significant change here in Federal Government to criminals in life, but I’ve never seen anything like just the last couple of weeks—it is im- just a 4-year period of time, and that is this.’’ perative that our focus remains on gov- just the fraud the IRS has discovered. Hurricane Matthew has been espe- erning for the benefit of the American We don’t know the number of returns cially difficult for children as well. In people, and this includes, from my per- that have not been identified or discov- fact, the teachers and school coun- spective, rooting out any kind of ered over that period of time. This is selors in Cumberland County asked the waste, fraud, and abuse found within the year 2016, and this is an ever-in- students to write down their experi- the Federal Government. creasing amount of money in fraud ence to kind of help them begin to cope Taxpayers should demand an effec- that is occurring. and recover from the traumatic experi- tive and efficient government that The continued success of those who ence. There was one sixth grade stu- spends their money on the behalf and are able to hack in and get Social Se- dent who wrote: the future of this country and on be- curity numbers of individuals and use I heard a loud crack followed by three loud half of the future of our constituents. that to steal their tax returns is draw- thuds. When my family got out of bed, I saw When they read about waste, fraud, and ing ever more criminal activity. These three big trees, and one destroyed the kitch- abuse, it is perfectly natural that they criminals are getting more sophisti- en. Not even five minutes after we left, the would call on us to address the prob- cated, making it much harder for the ceiling collapsed in all rooms except for the lem, which has been paying a dime IRS to track down and next to impos- bathroom and my mom’s room. more than is necessary to run the Fed- sible for the government to recover Matthew has been a life-changing eral Government, and to pull us out of those funds. event for many North Carolinians. Rel- this ever-spiraling deficit spending and There is no silver bullet for address- atives and friends who lost a loved one, deep entrance into debt which may not ing identity tax fraud. The IRS has de- families who lost their homes, small be able to be repaid. tected and prevented numerous at- businesses and owners who can no That is why I am taking a look at yet tempts of ID theft-related tax fraud. longer find a place to work and employ another waste of the week, and this However, there is more that can and others, farmers who have watched their one is called identity theft tax refund should be done. once-fertile land become unproductive fraud which, over the past 2 years, has First, the IRS data security system due to the flooding. accounted for $23 billion in stolen tax- needs to be updated to comply with the

VerDate Sep 11 2014 03:27 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.030 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6440 CONGRESSIONAL RECORD — SENATE November 17, 2016 Federal Government’s own security able to reach $100 billion—we weren’t Now, fresh off an election where the standards. According to TIGTA, three sure—but it just keeps coming in. It American people were clear that they different Federal agencies have data just keeps pouring in, record after are fed up with business as usual, that security requirements for the Federal record, examination after examination, is exactly what we are about to get if Government, and the IRS data system by certified nonpartisan government Congress adopts another continuing doesn’t fully comply with any of them. organizations. We added $23 billion resolution that would cut resources to This could be fixed. It should be fixed more to the waste of the week ther- our troops, hamper the war against immediately. mometer, reaching now well over $350 ISIL, and delay the cutting-edge equip- Coordinating between agencies is billion of waste, fraud, and abuse. ment and reforms they need. something I have been talking about To those who say there are no more A continuing resolution would also over and over again. The left hand cuts we can make in spending to reduce make the job of managing the govern- doesn’t know what the right hand is the deficit and the ever-increasing Fed- ment’s largest agency even more dif- doing. Social Security disability eral debt or to those who say we need ficult—and at the worst possible time. doesn’t know about Social Security re- to find ways to address critical needs The Presidential transition process tirement payments and the unemploy- such as funds to address the spread of currently underway is difficult enough ment insurance disability being paid. the Zika virus or money for cancer re- on its own, but no incoming President There is a lack of communication be- search or money to help strengthen our has ever had to inherit a Department tween agencies within the Federal Gov- military during this time of conflict of Defense operating under a con- ernment. and threat to our homeland, I say to tinuing resolution—no incoming Presi- The Government Accountability Of- them: Let’s at least start with what we dent—but this is not the time for us to fice, GAO, testified at the Senate Fi- know are tax dollars that are lost to break that streak. nance Committee in April that there waste, fraud, and abuse. We owe that to As the name suggests, a continuing are nearly 100 recommendations that the taxpayers and to future genera- resolution is supposed to continue the GAO has made to the IRS to im- tions. We owe that to our children and funding the government in situations prove their data security. So the gov- grandchildren who will be saddled with where the Congress fails to pass a reg- ernment agency charged with looking this debt. We owe that to our Nation to ular appropriations bill. So what is the at how efficient or inefficient an agen- run an effective, efficient government big deal about continuing last year’s cy is has the opportunity to make rec- to retain the trust of the American funding levels? ommendations to that agency, and people that the tax dollars they sent to Our Nation asks a lot of the men and hopefully they will be complied with, Washington are wisely spent for nec- women serving in uniform. We are ask- but because of our lack of oversight in essary purposes that only the Federal ing them to defend our Nation and our the U.S. Congress, we are not following Government can accomplish. interests in real time against rapidly up with enough pressure on those agen- We have a duty. We have a duty that changing threats and adaptive adver- cies to actually employ those rec- rises above politics. We have a duty to saries, but a continuing resolution ommendations. As a consequence, we make every effort we can to make gov- would lock our military into last are standing down here on the floor ernment efficient and effective on be- year’s budgets and last year’s prior- talking about this waste that goes on half of the taxpayer. ities. Does anybody believe this year So I am calling on my colleagues to and on. Yet we don’t go after the agen- isn’t greatly dissimilar from last year say, yes, we need to look at the long- cies to get those recommendations in on the battlefield? term impact in our midst. It is critical. place. A continuing resolution would place We learned that GAO’s 100 rec- It can have negative implications for our troops at greater risk by forcing ommendations have not been fully im- the future of America. Until we get to them to operate under an outdated plemented, and worse, more than half that point—and we have made several budget that does not recognize the full of these recommendations are over 1 attempts to do that under this admin- extent of the threats they face. Worse year old. istration, and each one was shut down still, a continuing resolution doesn’t Imagine how the American people before it hit the White House or was re- quite live up to its name. A continuing would react if a private company had jected by the White House—can’t we at resolution would actually cut funds for so many persistent holes in its data least look at the $350 billion of waste, our troops. The continuing resolution system that it wrongfully paid crimi- fraud, and abuse that is documented? passed by Congress in September to nals $23 billion of their money. Can’t we at least start there? That is keep funding through the end of this Another way to prevent fraud sug- what I am calling on my colleagues to year cut the military’s budget by $9 gested by the IRS watchdogs is to first do. We don’t have many weeks left in billion at annualized levels. Under a receive the W–2 forms before issuing re- this session, but you can count on me potential yearlong continuing resolu- funds. Here is what happens: employers being here each week that we have left, tion, our military would be short $12 issue the W–2s showing how much you talking yet again about yet another in- billion. earn and we attach those to our tax re- stance of waste, fraud, and abuse. The incoming and elected President turns. The problem is, the tax returns With that, Mr. President, I yield the of the United States stated time after that go to the government and the re- floor. time that we needed to spend more I suggest the absence of a quorum. turns that come in from the taxpayer money on defense; we are not taking The PRESIDING OFFICER (Mr. are not coordinated, and so there is a care of the defense needs of this Na- SASSE). The clerk will call the roll. gap that potentially exists. The 2017 The legislative clerk proceeded to tion; we are not taking care of the tax-filing season will be the first year call the roll. equipment, training, and benefits of this accelerated system is implemented Mr. MCCAIN. Mr. President, I ask men and women who are serving in the to address this particular issue because unanimous consent that the order for military; that we have the smallest the legislation that was passed in 2015, the quorum call be rescinded. Army that we have had since World which I supported, has accelerated the The PRESIDING OFFICER (Mr. LEE). War II; that we have the smallest Air issuance of W–2s from the IRS so the Without objection, it is so ordered. Force that we have had since the end of IRS can verify the validity of the re- The Senator from Arizona. the Korean war; that we have the turn. f smallest Navy since the end of World In the meantime, I will continue to War I. work with my colleagues in the Senate CONTINUING RESOLUTION So what are we going to do? What are as long as I am here to keep the pres- Mr. MCCAIN. Mr. President, here we we going to do in response to all that? sure on the IRS to ensure it meets Fed- go again. For the eighth consecutive As the conditions around the world be- eral data security requirements and year, Congress has failed to pass an ap- come more chaotic, we are going to cut fulfills the other unimplemented secu- propriations bill for the Department of defense spending by $12 billion. Not rity recommendations. Defense on time, leaving our troops op- only would a continuing resolution cut So adding to our chart, which we erating on a so-called ‘‘continuing res- resources, it would leave them with the thought when we started we might be olution.’’ wrong mix of funding among accounts.

VerDate Sep 11 2014 03:27 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.032 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6441 That means the wrong kinds of money the Nation, and they are putting the payer dollars. Under a continuing reso- is being spent on the wrong programs men and women who are serving in the lution, the Navy would be forced to because we are continuing what we did military at greater risk. break up its contract actions into last year. Why? Why? Because we refuse to act. small pieces. Admiral Richardson Under a continuing resolution, our We who represent them, we who are warned that as a result, the Navy military would experience shortfalls in supposed to be standing for them. We would not be able to ‘‘take advantage some very important areas. Training are not going to pass a new appropria- of savings from contractors who could for our National Guard and Reserve tions bill. We are just going to kick the better manage their workload and pass troops would be at risk of falling off- can down the road for another 3 on lower costs to the Navy. These re- track. As Vladimir Putin’s Russia con- months or more. In other words, some dundant efforts drive additional time tinues to menace our NATO allies, our may ask: If this continuing resolution and cost into the system, for exactly military would not be able to carry out delays some programs, can’t we just the same output.’’ the expansion of the European Reassur- make it up later? For some programs, Army Chief of Staff General Milley ance Initiative, which is essential to perhaps, but there is one area where we made a similar warning about waste deterring Russian aggression in East- cannot make up the losses of a con- and inefficiency resulting from budg- ern Europe. tinuing resolution, and that is readi- etary uncertainty. Have no doubt, what Might I add an aside, it didn’t seem ness. We are asking our troops to be a continuing resolution does is causes to get much notice that a Russian air- ready to defend this Nation at a mo- budgetary uncertainty. It is just a fact. craft carrier, launching aircraft with ment’s notice. We are asking our He said: airstrikes into Aleppo—my friends, troops to be ready to take the fight to Things like multiyear contracts, devel- that is the first time in history that ISIL. We are asking our troops to be oping long-term relationships with industry Russia, generally regarded as a land ready to deter and, if necessary, defeat where they can count on us and so on—that power, now has sufficient ships and air- aggression in Europe, the Middle East, becomes very difficult. And what ends up craft capability to launch attacks into and the Asia-Pacific. We are asking happening is the price per unit goes up. So it Aleppo, Homs, and other parts of Syria. them to be ready today. has built in inefficiency. It has built in cost Guess what they are doing. They are But a continuing resolution would overruns. It is an un-good situation. It is not good and it needs to end. slaughtering innocent men, women, force tradeoffs that undermine readi- and children. They are killing the very ness. In other words, they will not be General Milley is right. This madness people whom we have armed, trained, able to conduct the training oper- needs to end. equipped, and sent into battle. It is ations, the replacement of parts, the It is time for Congress to do its job. atrocious. maintenance, all the things that go When it comes to doing our constitu- A continuing resolution would put into making a ready military that is tional duty to provide for the common our groups at greater risk in Afghani- ready to fight. We are impacting them. defense, there is no call for lazy short- stan and in the fight against ISIL. The With a continuing resolution, we are cuts and shortchanging of our troops. President has requested a $5.8 billion harming their ability to do that. Add- Let’s pass a Defense authorization emergency supplemental to cover the ing additional readiness funds later in bill as soon as we get back. Let’s pass costs of additional troops deployed to the year would be too little, too late, a Defense appropriations bill that gives Afghanistan and expanded operations just papering over our failure to give our troops the resources, predict- against ISIL in Iraq and Syria, but a our troops the resources they need ability, and flexibility they need and continuing resolution would not in- when they need it. deserve. clude any of these necessary funds Readiness tomorrow does not replace Next year, with a new President and which would fill a shortfall that is readiness today. Every senior leader— a new Congress, let’s go to work imme- looming in January. uniform and nonuniform at the Depart- diately on ending sequestration once Put simply, this cockamamie idea, ment of Defense—has warned Congress and for all and returning to a strategy- this abrogation of our responsibilities about the negative impact of a con- driven defense budget. Let’s work to- called a continuing resolution would tinuing resolution on our men and gether on a Defense supplement that shortchange American troops who are women who are serving us in the mili- will serve as a downpayment on re- putting their lives on the line in Af- tary. building military capacity, capability, ghanistan, Iraq, and Syria. Secretary of Defense Ash Carter has and readiness that have suffered under Meanwhile, the Department of De- stated that ‘‘a continuing resolution is years of budget cuts and uncertainty. fense could have an excess of as much a straitjacket’’ that ‘‘prevents us from This year, this Congress, let’s do our as $6 billion in money under a yearlong fielding a modern, ready force in a bal- jobs and pass Defense authorization continuing resolution. However, those anced way.’’ Secretary Carter said a and appropriations bills. This is what funds would be unusable because of re- continuing resolution ‘‘undercuts sta- the American people expect of us, and strictions on new procurement, on buy- ble planning and efficient use of tax- it is what the men and women who ing new weapons systems, and other re- payer dollars.’’ serve and sacrifice on our behalf de- quirements. There are restrictions on Commandant of the Marine Corps serve from us. that and there is not authorization for General Neller warned that a long-term Almost everybody I know—except increases in production rates. continuing resolution ‘‘dramatically those who don’t tell the truth—did not For example, we are firing off a lot of increases risk to an already strained predict the result of this Presidential missiles. We need to replace those mis- fiscal environment and disrupts pre- election. What we are finding out— siles. We need to replace the aircraft dictability and our ability to properly much to the dismay of some and to the that are wearing out. We need new plan and execute a budget and a 5-year surprise of almost all—is that the parts for them. None of that is possible program.’’ American people, particularly in some under what is now being contemplated. Suppose you had a company or a cor- parts of the country, are very unhappy. Under a continuing resolution of any poration and that company—like most One of the reasons of their unhappiness duration, our military would have to companies and corporations small and is that they believe they have a Con- delay 78 new starts, 89 production in- large—operate on a year-to-year basis. gress that doesn’t work for them. They creases which would affect critical pro- So you tell that company: Wait a believe their elected representatives no grams. That includes the Ohio-class minute. For the first 3 months of next longer have their interests uppermost. submarine replacement program, the year, you are not going to get any ad- When they see continued gridlock in KC–46 tanker, the Apache, the heli- ditional funds. You are not going to be Congress, of course the frustration copters—the Black Hawk helicopters. able to plan. You are not going to be level goes up and the approval rating A continuing resolution would also able to do what is necessary. goes down. I haven’t met anyone who delay major research and development They wouldn’t stay in business. approves of Congress recently who initiatives. In short, what we are con- Chief of Naval Operations Admiral wasn’t paid staff or blood relatives. templating—cutting funds for our Richardson warned that a continuing So the fact is that when we kick the troops—inhibits their ability to serve resolution would lead to wasted tax- can down the road and do not provide

VerDate Sep 11 2014 03:27 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.033 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6442 CONGRESSIONAL RECORD — SENATE November 17, 2016 the fundamental necessities for the is amazing that the President-elect, We get what Trump is trying to do by ap- most important obligation we have—to having said that he wants to bring the pointing Bannon. The president-elect made defend this Nation and provide the men country together, that he wants to be a two major picks early this week: He also and women with the training, equip- President for all of us, would then ap- chose Reince Priebus to be chief of staff, the Oval Office gatekeeper. Priebus, head of the ment, readiness, and capabilities they point to his inner circle, someone with Republican Party, was a shrewd selection. need—then it is no wonder the Amer- the ear of the President, Stephen Someone in the White House needs political ican people hold us in such low regard. Bannon. experience to guide Trump’s agenda through So I urge my colleagues and I urge Let me just read part of an editorial Washington’s thicket. Priebus is perfectly our leaders on both sides to take up the in the Chicago Tribune. positioned to be the hour-by-hour liaison to Defense authorization bill when we get ‘‘The problem is that Bannon, who his friend and fellow Wisconsinite, House back, and I think we can do that. Then will sit at the right hand of a presi- Speaker Paul Ryan. let’s take up the Defense appropria- dent, also works as a conduit to hate Priebus is nobody’s bomb thrower. He’s a tions bill. I have confidence in our ap- and intolerance. Bannon has said member of the Normal Club. But that also propriators. I don’t agree with some of Breitbart is ‘the platform for the alt- pegs him as an establishment guy, making Trump vulnerable to accusations of being a the things they have done, but they right.’ Yet the ‘alt-right’ is a repellent, sell-out. So to assuage the anti-establish- have carried out their duties. Why nationalist political movement that ment crowd, here comes Bannon, whose don’t we move forward? Instead, for 3 breeds racism, anti-Semitism and mi- website was one of Trump’s most vocal months or more, we are going to put sogyny. The alt-right miasma ‘opposes cheerleaders. the military in a state of uncertainty— feminism, diversity, gay rights, glob- The problem is that Bannon, who will sit in limbo—and we will harm their abil- alism, gun control and civil rights,’ ac- at the right hand of a president, also works ity to defend this Nation. That is not cording to Baruch College professor as a conduit to hate and intolerance. Bannon has said Breitbart is ‘‘the platform for the JOHN MCCAIN’s view. It is the view of Thomas Main, who is writing a book on the movement. At the fringes of alt- alt-right.’’ Yet the ‘‘alt-right’’ is a repellent, the leaders of the military to whom we nationalist political movement that breeds entrust our men and women. right is where you will find American racism, anti-Semitism and misogyny. The So I urge my colleagues to get going. neo-Nazis and the Klan, two groups evi- alt-right miasma ‘‘opposes feminism, diver- Let’s get the Defense authorization bill dently thrilled by Trump’s victory.’’ sity, gay rights, globalism, gun control and done. We could get the Defense appro- Those aren’t my words. Those are the civil rights,’’ according to Baruch College priations bill done in a matter of words from the Chicago Tribune. professor Thomas Main, who is writing a hours. Mr. President, I ask unanimous con- book on the movement. At the fringes of the Let’s get those other appropriations sent to have printed at this point in alt-right is where you find American neo- bills done as well—those for the FBI, the RECORD the full editorial. Nazis and the Klan, two groups evidently for the CIA, for our other intelligence There being no objection, the mate- thrilled by Trump’s victory. rial was ordered to be printed in the On the issue of Trump’s presidency, we agencies, and for those agencies of gov- want to remain patient as well as vigilant. RECORD, as follows: ernment that also are entrusted with We’ve said in prior editorials that presidents the security of this Nation. Let’s get [From the Chicago Tribune, Nov. 17, 2016] get fresh starts and wide latitude to set their something for them too. Let’s not kick EDITORIAL: STEPHEN BANNON: THE NEXT agendas. Bannon helped Trump get elected, the can down the road. Let’s do the PRESIDENT’S WHISPERER which makes him more clever than the people’s work. With just a week or so under his belt as Democratic operatives who backed Hillary I yield the floor. president-elect, Donald Trump has spoken in Clinton, the losing presidential candidate. The PRESIDING OFFICER. The Sen- public briefly, given a few interviews and Maybe his primary White House role is to be ator from Vermont. bashed out some colorful tweets. Americans a sop to supporters and that’s all. Mr. LEAHY. Mr. President, as a long- still processing his stunning victory will But Trump voters aren’t the only Ameri- time member of the Appropriations have to wait a bit longer to get a full sense cans anxiously waiting for positive signals of the next president’s priorities. from the new administration. While Trump Committee, I strongly believe that we But already there’s this: Trump has named will never placate Democrats, there’s an- should have regular, yearlong appro- Stephen Bannon, 62, his White House chief other crucial group we’ll call America’s mid- priations, not continuing resolutions. I strategist. dle third who need to be assuaged. Many of would like to remind my friend from Bannon, the political equivalent of a shock them didn’t vote for Trump but they may Arizona that, by tradition, appropria- jock, was little known until he became make the biggest difference in the success of tions bills begin in the other body, in Trump’s campaign chief executive in August. his presidency: They’ll either be won over or He is a conservative media impresario whose will bolt to the opposition. Like every presi- the House of Representatives. They resume includes Georgetown, Harvard, the have not yet sent over regular appro- dent, Trump will calibrate many of his ac- Pentagon and Goldman Sachs. He’s now the tions according to how far he can go without priations bills. executive chairman of Breitbart News, whose losing them. It was just reported in the last few popular website dabbles in the swamplands That’s always a tough balance. In today’s hours that Donald Trump has told of the far right. A lot of bigoted ugliness America it’s especially tough. By adding them not to have regular appropria- swims out there in the so-called alt-right, someone as notorious as Bannon to his team, tions bills, but to have a continuing and Bannon has let it fester on the new president has more than sent the Breitbart.com. wrong signal. He also has risked alienating resolution until the end of March. Trump won as a populist insurgent who the vast swath of Americans who will deter- Frankly, the Senator from Arizona is used bullying and intemperate language to mine whether his presidency succeeds or right. I agree with him. We should have fan his message. The strategy worked but fails. And he’s done it well before even tak- appropriations bills on all subjects. I also helped divide the country. Appointing ing the oath of office. am sorry the President-elect has de- Bannon as consigliere is not a good step to- cided that in his spare time he will also ward unity. It agitates the not-my-president Mr. LEAHY. Mr. President, every- run Congress and will not allow full ap- slice of the American populace. And it con- body, whether we supported Donald propriations bills to be passed. fuses Americans who are trying to give the Trump or not—and, obviously, I did president-elect a fresh start—but who also not—wants to give any President a f need to see evidence that Trump will abide chance to bring this country together. BANNON APPOINTMENT his promise to be ‘‘president for all Ameri- Throughout the country, during this cans.’’ Mr. LEAHY. Mr. President, while we When Trump takes office, Bannon—if he’s campaign, we have become terribly di- are on the subject of the President- still around—won’t be the Treasury sec- vided. Even in my own State of elect, he has indicated some of the ap- retary or the attorney general or the sec- Vermont, we heard of some of these di- pointments he will make. Some, of retary of state: leaders working largely in visions. course, will require advice and consent public. Bannon instead will play the role I feel fortunate that Vermonters re- by this body, and I hope we will do David Axelrod played for the nation’s last elected me. I have never run negative that, even though this body has refused novice president. His will be the whisper in campaign ads, and did not this time. I President Trump’s ear. His work product was opposed by somebody who ran a to advise and consent on the Supreme won’t be what the White House proposes or Court nomination now pending before what Congress passes. His work product will completely negative campaign. I think it. be what the president does. What the presi- people reject negativity. There are so There are others he can appoint with- dent says. What message the president many positive aspects to America. We out being confirmed by the Senate. It projects to the country and the world. talk about making America great

VerDate Sep 11 2014 03:27 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.035 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6443 again, and there is no other country we Democratic Members of Congress—of building is well over $1 million, but the would trade it for. What country would the House of Representatives—received tax rate they paid was actually in the we trade our country for? None. We are more votes than Republican Members low teens in terms of a percentage tax a great nation. But what makes us of Congress. The shift and the reason rate. And if you look at what the De- great is our diversity and our ability to for Republican control of the House of partment of Labor says about security come together. That is what we should Representatives has been the gerry- workers and janitorial workers, we see be doing. mandering effort that has packed that they pay more like a 20- to 30-per- I hope the President-elect will recon- Democrats into very heavily saturated cent tax rate in New York City. So sider naming Stephen Bannon as his Democratic districts so that Repub- what that leaves us with is a cir- chief White House strategist and un- licans can create strong—but not mas- cumstance in which the hedge fund derstand what kind of signal this sends sive—majority districts for themselves. mogul coming back to his luxury to the country. We do not need more I believe in the last Presidential elec- apartment building in his limousine, as division. We certainly do not need peo- tion, States such as Pennsylvania and he steps out into the rain, is paying a ple who might attack someone because Ohio reelected Democratic Senators lower tax rate than the doorman or the of their religion. We need people who statewide, elected a Democratic Presi- security official or the janitor working will realize the United States is an in- dent statewide, but then sent heavily in that building. The doorman holding clusive country, not an exclusive coun- Republican delegations to the House of the umbrella over the head of the bil- try. This is not the message we should Representatives because of that gerry- lionaire is probably paying a higher tax send within our own country or mandering. rate than the billionaire. I can see why Donald Trump raised throughout the world. It may be a fluke of the way the Cali- that issue on the campaign, and I can Mr. Bannon wants to continue mak- fornia vote would have shaken out, but see why crowds responded to that. It is ing these horrible and offensive com- it would not surprise me if it turned a disgrace in the Tax Code. We would ments, as he has a First Amendment out in this election that Democratic love to work with him, but then we right to do at Breitbart News, but let Senators and candidates for the Senate look at who his transition team is. The us not have that be the example set received a bigger popular vote than Re- chiefs of his transition team are a from the White House, by the President publican Senators and candidates for whole slew of hedge fund and Wall of the greatest nation on Earth. the Senate. Those numbers are not in Street billionaires—the people getting I yield the floor. yet. out of the limo paying the low tax I suggest the absence of a quorum. My point is that I hope President- rates. When it comes time for Donald The PRESIDING OFFICER. The Elect Trump will recognize that in a Trump to keep his promise on carried clerk will call the roll. divided Nation, it makes more sense interest, it will be interesting to see if The senior assistant legislative clerk and it will bind us together better if we he can hold his own against the insid- proceeded to call the roll. try to work together across party lines ers around him who want to preserve Mr. WHITEHOUSE. Mr. President, I rather than try to ramrod a hard-right this disgraceful tax loophole. ask unanimous consent that the order partisan agenda through. There is no We want to work with him on infra- for the quorum call be rescinded. place I can think of—perhaps infrastructure. We think there should be a The PRESIDING OFFICER. Without structure, but few places where we are big infrastructure bill. The civil engi- objection, it is so ordered. more willing to hear his ideas and work neers of this country give our infra- Mr. WHITEHOUSE. Mr. President, I with him than on draining the swamp. structure a D. Everybody who drives on The environment here in Washington believe Senator WARREN of Massachu- our roads or crosses our bridges knows is obviously one that lends itself to setts will be joining me on the floor, we need to invest in infrastructure, but very substantial political manipula- and I ask unanimous consent that if the Koch brothers have already thrown she is here on the floor at the conclu- tion. In all of that political manipula- down a gauntlet saying they will chal- sion of my remarks that she be recog- tion, most of the cards are with the big lenge the President-elect on that infra- nized next so that our remarks can be special interests. Indeed, corporate lob- structure plan. Will he have the conjoined with one another. bying of Congress has been reviewed strength to proceed, or will the insider The PRESIDING OFFICER. Without and measured as being more than all lobbying political operation of the objection, it is so ordered. other lobbying of Congress combined Koch brothers block him? It is another Mr. WHITEHOUSE. I thank the by a ratio of 30 to 1. So if we are won- contest that remains to be seen be- Chair. dering where the power structure tween insider politics and the Presi- f comes down here in this building, dent-elect. think about a 30-to-1 advantage for cor- WORKING ACROSS PARTY LINES Finally, the biggest swamp thing of porate lobbying over all other lobbying them all is the fossil fuel industry. The Mr. WHITEHOUSE. Mr. President, combined. fossil fuel industry has more or less one of the hallmarks of President-Elect There are issues where I think we can taken over the Republican Party in Trump’s campaign was his desire, often work together if, in fact, President- Congress. What remains of the Repub- stated, to clean up Washington, to lift Elect Trump wishes to drain the lican Party in Congress is a little bit the dark hand of special interests off of swamp. There are substantive issues. like what remains of that unfortunate the levers of government and, as he One of the things I have been con- farmer in ‘‘Men in Black’’ whose body said it in his speeches, to drain the cerned about has been the carried in- was occupied by the alien, who then swamp here. I would like to assure the terest loophole, which is a quirk of the walked around in the skin and the President-elect that on this side of the Tax Code that allows people who are overalls of the unfortunate farmer. The aisle we are very keen to work with hedge fund billionaires to pay a lower fossil fuel industry is a special interest. him on a whole variety of reforms to tax rate than a brick mason or a truck- It is the biggest swamp thing in the control the role of big special interests, driver does. That, to me, is not fair. swamp. Will the President-elect be their lobbying apparatus, and their po- We have seen some reflections of this willing to take it on in any respect? litical machinery here in Washington. in studies that looked at, for instance, That, too, remains to be seen. I very much hope that President- an enormous building in Manhattan in There are a lot of very powerful crea- Elect Trump will indeed choose to New York City. The building is so big tures in the swamp. It is one thing to work with us. I hope he will bear in that it has its own ZIP Code, and be- say you are going to drain it; it is an- mind that although he won the elec- cause the Internal Revenue Service other thing to actually take them on. toral college, it appears now clear that calculates tax payments and income by I am here to assure the President- Secretary Clinton actually won the ZIP Code, we can get a general sense of elect that not just I but many Demo- popular vote and that she may have how much money the individuals in crats would like to work with him to- won the popular vote by as many as a that building make and how much they ward responsible climate policies, not- million votes. pay in taxes. What we see when we withstanding the nefarious presence of It is also worth noting that if 2012 is look at that study is that the average the fossil fuel industry; toward an in- any prologue to 2016, it is likely that income of the inhabitants of that frastructure bill, notwithstanding the

VerDate Sep 11 2014 03:27 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.036 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6444 CONGRESSIONAL RECORD — SENATE November 17, 2016 ideological position of the Koch broth- firm has raked in millions representing needs lobbyists on his team because ers; and on carried interest, notwith- the food industry. ‘‘they know the system.’’ He said, standing the infiltration already of his The guy leading the transition for ‘‘Everybody’s a lobbyist’’ in DC. That transition team by Wall Street special the Environmental Protection Agency is literally the opposite of what he said interests. has been paid by the oil industry and during the campaign, and it is also not With that, I yield the floor to my denies that climate change is real. true. Many Americans, both inside and outstanding colleague from Massachu- The guy heading up the transition outside Washington, have plenty of ex- setts. team for the Social Security Adminis- pertise to serve the American public The PRESIDING OFFICER. The Sen- tration is—you guessed it—a former without being bought and paid for by ator from Massachusetts. lobbyist who spent much of his career special interests. f working to cut and privatize the Social Americans are angry about a Federal Security system. Government that works for the rich PRESIDENT-ELECT TRUMP The guy—and, by the way, we may and powerful and that leaves everyone Ms. WARREN. Mr. President, last have noticed a pattern here: almost all else in the dirt. Donald Trump knows week Hillary Clinton got about 1 mil- guys—working on transportation and that. He talked a good game during the lion more votes than Donald Trump; infrastructure is a founding partner at campaign, and he promised to end cor- yet here we are—Donald Trump won a law firm that lobbies for the National ruption. He promised to drain the the Presidency. Across the Nation, ev- Asphalt Paving Association. swamp. And after 1 week, we have seen eryone is wondering what happens The guy in charge of economic issues what Donald Trump’s promise means— next. for the Trump transition team served nothing. His word, his promise to the It has been barely a week, but we for 6 years as chief economist at Bear American people, is worth nothing. have already seen disgusting ideas Stearns—the Wall Street firm that Well, Mr. President-Elect, let me be emerging from Trump Tower: Put a helped crash our economy in 2008, and clear: I am ready to fight on behalf of White supremacist in the White House; he now runs a consulting firm for Wall the millions of Americans you have float a plan to register all Muslim Street clients. lied to. That includes the millions who Americans; draw up plans to round up Trump’s very first decision is to hand voted for you and the millions who millions of human beings and rip fami- over the keys of government to the didn’t. lies apart across this Nation. It is sick- worst kind of DC insiders and special Mr. President, I suggest the absence ening, and we will fight back. But, hey, interests. It seems like all those prom- of a quorum. at least he promised to shake up our ises to stand up for working people The PRESIDING OFFICER. The corrupt political system, right? I mean, were just a giant con. clerk will call the roll. after all, when President-Elect Trump As the outrage has now spread, we The senior assistant legislative clerk announced his campaign, he called out have heard reports that Vice President- proceeded to call the roll. the politicians who were ‘‘controlled Elect Mike Pence has decided to re- Mr. HOEVEN. Mr. President, I ask fully by the lobbyists, by the donors, move all lobbyists from the transition unanimous consent that the order for and by the special interests.’’ When he team. Yeah, I will believe it when I see the quorum call be rescinded. accepted his party’s nomination at the it. If we learned anything from this The PRESIDING OFFICER (Mr. CAS- Republican National Convention, he campaign, it is that Team Trump will SIDY). Without objection, it is so or- said, ‘‘When innocent people suffer, be- make up things if it seems convenient. dered. cause our political system [ . . . ] has Last night we already heard another f sold out to some corporate lobbyist for version of his story. It seems that lob- cash—I am not able to look the other byists can come on board, but only if TRIBUTE TO STEPHANIE SCHISLER way.’’ He promised that he would ‘‘not they drop their formal lobby registra- Mr. HOEVEN. Mr. President, I rise be controlled by the donors, special in- tion when they join the team. Swamp today to pay tribute to my Deputy terests, and lobbyists who have cor- monsters today, swamp monsters wear- Chief of Staff Stephanie Schisler, who rupted our politics and politicians for ing clean shirts and ties for the transi- is retiring this week after 41 years of far too long’’ and that he would ‘‘drain tion team tomorrow, and swamp mon- service in the Senate. She has been the swamp’’ in Washington, DC. Those sters once the transition is over. Put- working here longer than 99 of the cur- are his words, repeated loud and re- ting a clean shirt on a swamp monster rent Members of the Senate, which you peated long during the campaign. doesn’t change anything. They have al- would never know by looking at her be- President-Elect Trump has now ready had ample opportunity to stuff cause she still looks amazingly youth- named most of his transition team. So transition plans with ideas that will be ful, but she and Senator LEAHY, our how is he doing on his rock-solid, dou- good for their well-connected clients, longest serving Senator today, both ble-down promise to get rid of the spe- and they will be disastrous for every- began their careers in the Senate in cial interests and the lobbyists? Big one else. 1975. Her dedication to this institution surprise. Trump is not ‘‘draining the Besides, even if the lobbyists finish and to serving our country is abso- swamp.’’ Nope. He is inviting the big- up early and leave, the Trump transi- lutely remarkable. gest, ugliest swamp monsters in the tion team is still full of industry insid- Stephanie is a well-known member of front door, and he is turning them ers seeking special deals for themselves the Senate community, having worked loose on our government and on our and for their companies. This isn’t sub- for me as well as four other Senators— economy. In just 1 week, the President- tle, and you don’t have to take my Richard Stone, a Democrat from Flor- elect has elevated a slew of Wall Street word for it. Here is how Politico put it ida; Bob Kasten, a Republican from bankers, industry insiders, and special this morning: ‘‘A populist candidate Wisconsin; a good friend of mine, Dirk interest lobbyists to run the show on who railed against shady financial in- Kempthorne, a Republican from Idaho; his transition team. Let’s run through terests on the campaign trail is now and Blanche Lincoln, a Democrat from just a few examples. putting together an administration Arkansas, before joining our office. She The guy in charge of staffing the that looks like an investment banker’s has a remarkable record. Federal Communications Commission dream.’’ In the same article, one histo- Stephanie’s bipartisan resume is a was on Verizon’s payroll and has pro- rian said, ‘‘You would have to go back testament to her expertise and her duced studies aimed at knee-capping to the 1920s to see so much Wall Street skill, but also to her integrity. Steph- the net neutrality rules. influence coming to Washington.’’ anie is beloved by the entire Senate The guy in charge of picking the So what happened? How come the community, from fellow staffers to team that will decide energy policy in guy who spent the election tweeting Capitol police officers, to folks who a Trump administration is a lobbyist ‘‘I’m not controlled by lobbyists or spe- maintain the building. It seems as for the oil and gas industry. cial interests’’ is stuffing his transition though she knows all of them, if you The guy picked to staff up the De- team full of lobbyists and special inter- can believe that. She has built wonder- partment of Agriculture is a ‘‘veteran ests? Well, when you ask the President- ful relationships on the Hill, which is food and agriculture lobbyist’’ whose elect about his flip-flop, he says he one of the reasons she is so effective.

VerDate Sep 11 2014 03:27 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.037 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6445 No matter what you ask of her, Steph cially won the race for the White from more mainstream conservative knows who to call and how to get the House, President-Elect Trump ap- opinion to instead traffic in an ide- job done and done well. That includes peared before his supporters to deliver ology of racism, misogyny, xenophobia, everything from hanging animal a victory speech. He said, ‘‘Now it’s homophobia, and anti-Semitism. Even mounts in my front office, such as a time for America to bind the wounds of a former Breitbart editor, who has la- huge buffalo or bison head, which division. . . . To all Republicans and mented the site’s hard shift to the ex- couldn’t have been an easy proposition, Democrats and independents across treme right, described its comment but she figured out how to get it done. this Nation, I say it is time for us to section as ‘‘turning into a cesspool for Now there is even a drone suspended come together as one united people.’’ white supremacist mememakers.’’ from the ceiling in our conference After a long and contentious cam- This Senator thinks it is important room. paign, it seemed to me that the Presi- for the public to understand exactly While Stephanie has always excelled dent-elect implicitly acknowledged how Mr. Bannon’s Breitbart describes at her job, she has also helped those that some of the rhetoric he had used its fellow citizens. Here are just a few around her succeed. She has an eye for during the race had alienated and of- articles that Breitbart published under recognizing talent. For example, when fended many of our communities. He Mr. Bannon’s direction. she worked for Senator Kasten of Wis- said, ‘‘I pledge to every citizen of our ‘‘Gabby Giffords: The Gun Control consin, she hired a young man by the land that I will be the President for all Movement’s Human Shield.’’ Included name of PAUL RYAN as an intern. Of Americans.’’ in this article is the line, ‘‘Giffords is course, today he is Speaker of the It is no secret that I did not support their human shield—the gun control House. Stephanie has always been able President-Elect Trump during the cam- representative who could do and say to see the potential in people, and that paign, but despite the fact that I dis- what she wanted without facing any is a great example. She has always agreed passionately with our Presi- real pressure to prove her claims were worked very hard to help them to suc- dent-elect about the best way to ap- true.’’ Two weeks to the day after nine peo- ceed. She has been a mentor and a sur- proach many if not most of the chal- ple were murdered at the Emanuel rogate mother to many staffers, not lenges facing our Nation, I truly be- AME Church in Charleston, SC, only in my office but in other offices lieve that there are places where we Breitbart published, ‘‘Hoist it High and and throughout her tenure working at can find some common ground. We both understand the need to rebuild Proud: The Confederate Flag Proclaims the Senate. a Glorious Heritage.’’ In the article, I want to thank her husband Gordon our Nation’s crumbling infrastructure and to send Americans back to work the writer asks: ‘‘Barack, you might and her children Nick and Leigh for just want to remind us again which repairing our roads, bridges, and supporting Stephanie during all those state of the Union, north or south, schools. Both President-Elect Trump late nights and long weeks throughout your ancestors resided in during the and I support closing the carried inter- her career. traumatic years 1861–1865? Or did est loophole, which allows private eq- Stephanie is truly a unique indi- Kenya not have a dog in that fight?’’ vidual and an irreplaceable member of uity and hedge fund managers to avoid In ‘‘Political Correctness Protects my team. I keep pleading for her not to paying their fair share of taxes. These Muslim Rape Culture,’’ the author de- retire, but so far it hasn’t worked. I am are issues on which I look forward to scribes cases of sexual assault in Eu- not giving up, though. She is truly working with the next administration, rope, but warns that ‘‘you won’t hear somebody who cannot be replaced. so one can understand why I was en- much about it in U.S. mainstream While we will miss Steph, we are couraged by President-Elect Trump’s media because the epidemic is a by- grateful for the positive impact she has call for unity. Once an election is over product of the influx into Europe of a had on so many lives with her amazing and the heat of the campaign has sub- million, mostly Muslim, migrants.’’ influence for good in the Senate. We sided, the American people expect our ‘‘Mexico is Sending us Colonists, Not thank her for her service to our coun- leaders to come together to find com- Immigrants’’ is a story in which read- try, and we wish her the best as she be- mon cause and get to work solving our ers are warned that ‘‘Mexico sees Mexi- gins this new chapter in her life. We Nation’s problems. cans in the United States as strategic are so appreciative to have had Steph I was disappointed when, just a few assets in every sense of that word. as part of our team, and we will truly days later, I learned that the Presi- They are seen as extensions of the miss her. dent-elect had selected former Trump Mexican state and partners in Mexico’s With that, Mr. President, I yield the campaign CEO Stephen Bannon to plan.’’ floor. serve as his Chief Strategist and Senior This is nasty stuff. This is vile. It I suggest the absence of a quorum. Counsel, a position the President-elect comes all the way from the top, from The PRESIDING OFFICER. The described as an ‘‘equal partner’’ to his Mr. Bannon himself. In July, Mr. clerk will call the roll. incoming White House Chief of Staff. Bannon wrote a piece for Breitbart, in The bill clerk proceeded to call the The selection of Mr. Bannon to serve which he accused his political oppo- roll. at the very highest level of our govern- nents of a ‘‘plot to take down Amer- Mr. FRANKEN. Mr. President, I ask ment does not signal a willingness to ica’’ by focusing on the need to im- unanimous consent that the order for set aside our differences and embrace prove the relationship between law en- the quorum call be rescinded. unity—far from it. Before Mr. Bannon forcement and communities of color. The PRESIDING OFFICER. Without joined the Trump campaign, where he That was the plot to take down Amer- objection, it is so ordered. was widely credited as the chief archi- ica. Mr. FRANKEN. Mr. President, I ask tect of its most corrosive tactics, Mr. The article opened with Mr. Bannon unanimous consent to speak for up to Bannon was the executive chairman of explicitly and baselessly linking the 20 minutes. Breitbart News. man responsible for shooting police of- The PRESIDING OFFICER. Without Breitbart News, for those who are not ficers in Dallas, TX, to the Black Lives objection, it is so ordered. familiar with it, is a conservative Web Matter movement. Mr. Bannon wrote: f site founded by the late Andrew ‘‘Five police officers are murdered in Breitbart. Even from its inception, Dallas by a [hashtag] Black Lives Mat- BANNON APPOINTMENT Breitbart was a bastion of far-right ide- ter-type activist-turned-sniper.’’ There Mr. FRANKEN. Mr. President, I rise ology whose writers and editorial edi- is no question that the Dallas shooter today to address the President-elect’s tors unapologetically courted con- was a troubled man who harbored hate selection of Stephen Bannon, a divisive troversy. But the site took a darker in his heart, a man whom investigators figure and former head of the alt-right turn shortly after Mr. Bannon took it determined was himself motivated by Web site Breitbart to serve as Chief over in 2012. racist ideologies, but there is no evi- Strategist and Senior Counsel to the ‘‘I think anger is a good thing,’’ Mr. dence suggesting that the shooter was President. Bannon is quoted as telling a gathering a member of Black Lives Matter, a In the early hours of November 9, of conservative activists, and it shows. movement born in opposition to vio- after it became clear that he had offi- Mr. Bannon guided Breitbart away lence and hate.

VerDate Sep 11 2014 03:27 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.039 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6446 CONGRESSIONAL RECORD — SENATE November 17, 2016 He was not an ‘‘activist-turned-snip- who control the levers of power in PRESIDENT-ELECT TRUMP er,’’ a turn of phrase Mr. Bannon craft- Washington’’ and ‘‘global special inter- Mr. MERKLEY. Mr. President, our ed to suggest that two roles exist along ests’’ don’t have America’s best inter- Nation has gone through a difficult, a continuum, to suggest that it is only ests at heart. bruising Presidential election. Nor- At the same time, images of George a matter of time before the peaceful mally, we would be making the pivot Soros, Federal Reserve Chair Janet protesters take up arms. to healing those wounds, but this elec- It is bad enough that Mr. Bannon Yellen, and Goldman Sachs CEO Lloyd Blankfein—all prominent Jews—flash tion has been particularly rough, and sought to fan the flames of fear, anx- the wounds sustained during the cam- iety, and turn our communities against on the screen. To those who may not know better, such an ad could seem in- paign continue to haunt our Nation. Americans peacefully exercising their Many groups of Americans across our first amendment rights. Mr. Bannon’s nocuous, but, to me, its message is obvious. The ad’s anti-Semitic overtones, country are frightened for the future, article did not stop at impugning activ- of being deported, of being targeted as ists who protest officer-involved shoot- which draw on an old and hateful conspiracy theory about Jews controlling Muslims, of resurgent racism toward ings. No. Mr. Bannon proceeded to cast African Americans, of anti-Semitism, suspicion upon an entire race. He banks and financial markets, were obvious to me. I called it a German shep- of losing their right to marry the per- wrote: son they love. Here’s a thought: What if the people get- herd whistle designed to be heard in some of the darkest remaining corners Unfortunately, they have good rea- ting shot by the cops did things to deserve son to be afraid. We have seen a surge, it? There are, after all, in this world, some of our country and our world. Politics people who are naturally aggressive and vio- that rely on this type of innuendo— a wave of hateful bigoted, racist, sexist lent. Stephen Bannon’s brand of politics— attacks happening in communities Wild conspiracy theories aside, there has no place in a modern Presidential across our country since the election. is a name for that kind of tactic. It is campaign, and it certainly has no place The divisive rhetoric and conduct of called a dog whistle. To some, such in the White House. President-Elect Donald Trump’s cam- rhetoric may not appear overtly racist, Let’s be clear. The use of racially paign over the past year and a half is and make no mistake, that is by de- charged rhetoric and innuendo is repul- responsible for unleashing this blight sign. Not every person who hears that sive. The very purpose of deploying on our country. He has the responsi- kind of language understands that by dog-whistle politics in the context of a bility to turn things around, to put an saying that ‘‘some people are naturally campaign is to attract the support of end to this division, and to start the aggressive and violent,’’ Mr. Bannon is people who harbor hateful ideologies healing. suggesting that Black people—after all without offending the sensibilities of That is why, earlier today, 10 of my the ones who were shot by the police— more mainstream voters. colleagues in the Senate joined me to are naturally aggressive and violent. Every Member of this body should send a letter to President-Elect Trump, But to the alt-right, to those who condemn rhetoric that sows the seeds demanding that he stand up and con- read his Web site, Mr. Bannon’s mean- of discourse. It is our obligation, not demn these verbal and physical attacks ing is all too clear. Now, Mr. Bannon just as Senators but as Americans, to occurring around this country, that he does not always attempt to cloak his stand up to Mr. Bannon’s hateful, deci- denounce his own past campaign rhet- sive brand of politics and reject it. We views. At times, connecting lines he oric that gave life to so many of these cannot change the fact that such strat- draws are much clearer. In the very acts of hate and violence, and that he egy has played a role in this campaign, same article, Mr. Bannon suggested exclude proponents of hatred and dis- but moving forward, it is imperative that efforts by the Obama administra- crimination from the ranks of his ad- that we not allow these corrosive tac- tion to pursue gun safety measures in ministration, including immediately tics to become normalized. We cannot the wake of the Orlando shooting are firing white supremacist Steve Bannon allow them to become a regular part of nothing more than an effort to divert as his Chief Strategist. our politics. attention away from refugees. Never Here is what the text of the letter If President-Elect Trump truly says: mind that refugees were not involved meant what he said during his victory in the incident. Let’s all remember Mr. President-Elect: speech, if he truly hopes to be Presi- Your campaign conduct and Electoral Col- that the tragedy at the Pulse Night- dent for all Americans, he will recog- club in Orlando, a shooting in which 49 lege victory have unleashed a wave of verbal nize that such tactics stand in the way and physical assaults against our fellow people were murdered, and 53 others of that goal and he will renounce them. Americans. In just the last six days, the were wounded, was carried out by an The women and men the leader chooses Southern Poverty Law Center has docu- American-born U.S. citizen. to surround himself with show the pub- mented hundreds of acts of discrimination Nonetheless, Mr. Bannon wrote: ‘‘In lic what kind of leader he will be. and violence toward many of the ethnic and the wake of Orlando, the Obama ad- President-Elect Trump has a choice: social groups you attacked in your cam- ministration, with Hillary Clinton paign. These attacks are absolutely unac- Will he truly attempt to ‘‘bind the ceptable. We condemn them. We stand united cheering it on, intoned against guns wounds of division’’ or will our next and ‘hate,’ and is now back to import- with our fellow citizens. President seek counsel from a man who Unfortunately, these acts of hate have ing more hating Muslims.’’ proudly traffics in hatred, half-truths, been enabled by your campaign strategy of To suggest that members of a peace- and pernicious innuendo? Will Presi- promoting bigotry, racism, and sexism. It is ful protest movement like Black Lives dent-Elect Trump’s administration the logical consequence of your campaign at- Matter were in league with a cold- open its doors to all people or will it tacks on and discrimination aimed at His- blooded killer, that the sympathies of seek to govern from exploiting old panics, African Americans, veterans, immi- the President of the United States lie prejudices and pitting us against one grants, women, Muslims, Jews, and individuals with disabilities. Millions of Americans not with the victims of gun violence another? The campaign is over, but the but instead with those who would seek see a President-elect who has chosen to wounds inflicted during a long battle knock them down rather than to lift them to do us harm, to pit members of vul- remain raw. It is time to set about the up. Your conduct has empowered too many nerable communities against one an- work of healing them. Americans to act on their darkest impulses. other—LGBT people against refugees, I urge President-Elect Trump to This is the wrong vision for America and peaceful protesters against the cops begin that work by surrounding him- the wrong path for your coming Administra- who rushed to shield them from gun- self with people equal to the task. Mr. tion. We call on you to change course. We fire—is abhorrent. Bannon is not one of them. He should urge you, as our future President, to join us Regrettably, we have no reason to be- not serve in the next administration. I in rejecting hate and embracing respect for lieve Mr. Bannon would not seek to de- call on President-Elect Trump to ap- every ethnicity, race and gender. We urge ploy such tactics from the White you to join us in fighting for a nation free of peal to America’s better angels and to discrimination, where every child has the op- House. After all, they featured promi- reject the dark politics represented by portunity to thrive and contribute according nently in the Trump campaign’s final Stephen Bannon. to his or her ability. We urge you to join us television ad. In the spot, the Presi- The PRESIDING OFFICER. The Sen- in fighting for our Constitutional vision of dent-elect’s voice warns that ‘‘those ator from Oregon. equality and opportunity and the vision in

VerDate Sep 11 2014 03:27 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.040 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6447 our Pledge of Allegiance of liberty and jus- Later in the campaign he promised to young Hispanic woman and screamed: tice for all. build a wall—‘‘a great, great wall on ‘‘Time to go back to your country’’— As you assume the mantle of leadership in our southern border, and I will make insert expletive—‘‘my man Trump is on office, it is your responsibility to put an end Mexico pay for that wall. Mark my to the crimes of hate and prejudice sweeping top now and we don’t want you here!’’ our nation. These wounds to our national words.’’ In Southern California, a college stu- citizenry are of your making. It is your re- When discussing Judge Gonzalo dent was accosted by a man who said: sponsibility to rectify the damage. You have Curiel, a U.S. district judge presiding I can’t wait until Trump asks us to rape the power as President to move beyond the over a lawsuit against Trump Univer- your people and send you back over the big- hate-filled rhetoric of your campaign. sity—by the way, an American-born gest damn wall we’re going to build. Go back We call on you to repudiate your campaign citizen—the President-elect said the to hell. attacks against diverse communities of judge couldn’t be impartial and should Then he inserted a racist slur for a Americans. be removed from the case because ‘‘this We call on you to address the American Mexican and then threw water in the people and demand that all Americans end judge is of Mexican heritage.’’ young woman’s face. these verbal and physical attacks and re- Judge Curiel was born and raised in Walls all across the Nation are being place acts of hatred with acts of kindness. Indiana. spray painted with phrases such as: We call on you to exclude the proponents Mr. Trump’s right-hand man, his des- ‘‘Build the Wall Higher.’’ of discrimination and hatred from the ranks ignated Chief Strategist, Steve In the face of attacks such as these, of your Administration, and that includes Bannon, used his position at Breitbart it is hard to remember that we are, in- immediately firing Steve Bannon as your News to continue attacks against deed, a nation of immigrants. Unless Chief Strategist. Latinos. Under his leadership, you are 100-percent Native American, The letter concludes: Breitbart frequently used anti-immi- you are the child, grandchild, great It is time for you to act boldly and power- grant slurs and published ‘‘war on grandchild, or the descendent of immi- fully to put the nation on a path of healing. Spanish’’ and nativist-appealing con- grants. Your forefathers and For the sake of all Americans, we call on you tent in his quest to make his platform foremothers came to our country and to rise to the challenge. a platform for White nationalism. felt they had come to a place where In addition to myself, it is signed by It is important to note that even they could thrive. We have those beau- Senator MAZIE HIRONO, Senator ELIZA- many Republicans and conservative tiful words carved into the base of the BETH WARREN, Senator SHERROD commentators believe that Mr. Bannon Statue of Liberty: ‘‘Give me your tired, BROWN, Senator ED MARKEY, Senator is a man with unconscionable views your poor, your huddled masses yearn- BERNARD SANDERS, Senator AL and frightening ties to white suprema- ing to breathe free.’’ FRANKEN, who spoke so eloquently a cist movements. It inspires all of us. Each one of us— John Weaver, a former top adviser to few moments ago, Senator RON WYDEN, again, unless we are 100-percent Native Governor John Kasich tweeted of Mr. Senator DEBBIE STABENOW, Senator- American—have an ancestor who came Bannon’s selection as Chief Strategist: Elect CHRIS VAN HOLLEN, and Senator to the country and felt that moment of ‘‘The racist, fascist extreme is rep- TOM CARPER. freedom and opportunity no matter I thank my colleagues who have ap- resented footsteps from the Oval Of- where they had come from. fice.’’ propriately said that at this moment— Latinos are not the only group of at this unusual moment in our history, Ana Navarro, a Republican strategist, called Bannon: ‘‘White suprema- Americans suffering because of the in our time here in the 21st century— rhetoric of the Trump campaign. Afri- that we have a President-elect playing cist, anti gay, anti Semite, vindictive.’’ Ana then said: ‘‘Be afraid, America.’’ can Americans have become a signifi- on hate and prejudice and bringing a cant target in post-Trump America, as white supremacist in as Chief Adviser Glenn Beck, known to all of us as a rightwing radio commentator—a very too many take their cues from our next is unacceptable. President’s words and actions towards Some will say that President-Elect conservative commentator, a person that community—words like the ones Trump cannot himself be accountable who has attacked virtually every idea President-Elect Trump used to talk for what is happening across our coun- to help working America that comes about African Americans who work for try, but they are wrong. His words and from the blue side of the aisle—said him. He said: his conduct are directly connected to Bannon is ‘‘terrifying’’ and said that he the harassment and the physical and has helped to give voice to White na- I’ve got black accountants at Trump Cas- tle and Trump Plaza. Black guys counting verbal assaults that we are seeing. tionalists. Former KKK leader David Duke and my money! I hate it. The only kind of people I am going to share with you all the I want counting my money are short guys comments of the campaign and the the American Nazi Party have praised that wear yarmulkes every day. Bannon’s elevation to the White House. acts of citizens in category after cat- He then went on to say: egory to show how these are tied to- So there should be no mistaking or I think the guy is lazy. And it’s probably gether—how, indeed, these verbal as- sugar coating what precisely this individual, Steve Bannon, stands for. not his fault because laziness is a trait in saults and these physical assaults are blacks. It really is, I believe that. It’s not motivated by and justified by the cam- Under his leadership, Breitbart be- anything they can control. came a leader in anti-Latino, nativist paign of our President-elect—just to Those are the words of our President- emphasize that it is time for our Presi- material—one headline after another attacking Hispanics here in America. elect. dent-elect to take responsibility, to When he talked about the Black change course, to embrace the connect- So when we look at what is happening right at this moment to Latinos Lives Matter movement on FOX News, edness of our American communities, he said: the vision of equality and opportunity today, what do we see? We see students in our schools taunting and bullying I think they are trouble. I think they’re in our Constitution, the vision of a na- looking for trouble. tion with justice for all, and the fact their classmates. At DeWitt Junior High School in Lansing, MI, White stu- He often shows a startling disconnect that our President should be working with the African-American commu- to raise up all families—not raising up dents formed a human wall and refused to let their Latino classmates into the nity, generalizing that they all live in a few by tearing down the rest. inner cities that he regularly describes Let’s start by looking at what Mr. school. as poverty-stricken war zones. Trump said about our Nation’s Latino In Ventura, CA, a Latino mother reported seeing fifth graders at her This disconnect started very early on citizens. At the start of his campaign, in his real estate career when Presi- Mr. Trump said: child’s school chanting: ‘‘Build a wall.’’ Latinos all across our Nation are dent-Elect Trump was publicly sued When Mexico sends its people, they’re not being harassed and told they are going twice for discriminating against Afri- sending the best . . . they’re sending people can Americans who were trying to rent with lots of problems and they’re bringing to be deported, they don’t belong here those problems with them. They’re bringing in America, even if they were born here apartments in his buildings. drugs. They’re bringing crime. They’re rap- in America. Of course, we can’t talk about Mr. ists. . . . And some, I assume, are good peo- In Andover, MA, a group of white Trump’s—President-Elect Trump’s—re- ple. men in a car threw a water bottle at a lations with the African-American

VerDate Sep 11 2014 03:27 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.041 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6448 CONGRESSIONAL RECORD — SENATE November 17, 2016 community without bringing up his Americans were treated as second-class looks, saying, ‘‘look at that face! longstanding promotion and advocacy citizens—and a ‘‘Whites Only’’ sign was Would anybody vote for that? Can you of the birther movement, which tried found on the door of a bathroom stall imagine that, the next face of our to delegitimize our country’s first Afri- at a high school in Duluth, MN. President?’’ can-American President. These are just a few of the incidents. During the campaign, our President- Those efforts go back to 2011, when There are the assaults as well, one inci- elect called a female lawyer disgusting Mr. Trump was considering a run for dent after another of African Ameri- or at some point in passing he called a the White House and said on one talk cans being assaulted. There is the soft- female lawyer disgusting because she show: ‘‘If he wasn’t born in this coun- ball field dugout in Wellsville, NY, asked to take a medical break to pump try, which is a real possibility . . . where the phrase ‘‘Make America breast milk for her 3-month-old daugh- then he has pulled off one of the great White Again’’ was spray-painted and ter. cons in the history of politics.’’ the defacement of a wall in Durham, I think we are all aware of the com- He went on and on and on—month NC, where someone decided to write ments he made towards FOX News de- after month—questioning the legit- ‘‘Black lives don’t matter and neither bate moderator Megyn Kelly—words I imacy of our President in office. does your vote.’’ There was a horrific choose not to repeat at this moment. To his credit, on that particular incident in my State of Oregon in And then he said pregnant women are point Mr. Trump has recanted himself, which an African-American woman was an inconvenience for his business. And but he used it as a race card time after attacked in the parking lot of a gro- of course our President-elect was time after time to delegitimize our cery store in Hillsboro, OR. A group of caught on tape bragging about sexually President—President Obama—because three men threw a brick at her, broke assaulting women, saying: he is African American. her ribs, called her the ‘‘N’’ word, I’m just automatically attracted to beau- The views of President-Elect Trump’s threatened to rape her, and they said: tiful—I just start kissing them. Just kiss. I don’t even wait. right-hand man, his Chief Strategist, Now we finally have a President who Steve Bannon, aren’t any better. Under feels how we feel. Then he went on to talk about grop- Bannon’s leadership, Breitbart created It is hard to imagine how our Presi- ing the women and being able to get a news section titled ‘‘Black Crime.’’ dent-elect, with his own racist com- away with it because he is a star. He has brought into the White House Just 2 weeks after the Charleston mentary, his own past acts of discrimi- his Chief Strategist, Steve Bannon, massacre in which nine African-Amer- nation, his own racist campaign, his who shares these views about women, ican churchgoers were slaughtered, own racist Chief Strategist, isn’t at all putting up a headline: ‘‘There’s No Hir- Breitbart ran this headline. By the connected to these events sweeping the ing Bias Against Women. . . . They way, in that attack, the attacker used country. They are directly connected. the Confederate flag as a symbol—a Just Suck At Interviews.’’ And that is why we are calling on the Another one said: ‘‘The Solution to racist symbol—to justify attacking President-elect to change course. The Online ‘Harassment’ is simple: Women these nine individuals. election is behind us. Before the Presi- Should Log Off.’’ What did Steve Bannon do? He ran dent-elect is 4 years of opportunities to Here is another: ‘‘Would You Rather this headline: ‘‘Hoist It High And improve the lives of Americans. Take Your Child Had Feminism or Cancer?’’ Proud: The Confederate Flag Proclaims the assaults of the past and make them as if women’s rights are a disease. A Glorious Heritage.’’ In a lengthy the assaults of the past. Look to the vi- We see that these comments and the July post on Breitbart, Bannon accused sion of partnership to build a better conduct of the President-elect and the the left of a ‘‘plot to take down Amer- America in the years ahead. Leave that comments of his Chief Strategist have ica’’ by fixating on police shootings of past behind. had an impact. Two men at a concert Black citizens. Well, the list goes on Martin Luther King, Jr., once said: in Ohio threatened to ‘‘Donald Trump’’ and on, but he proceeded to say: Human progress is neither automatic nor a female security guard because she ‘‘There are, after all, in this world, inevitable. . . . Every step toward the goal of wouldn’t let them into a restricted sec- some people who are naturally aggres- justice requires sacrifice, suffering, and tion of the venue. According to one sive and violent.’’ That is certainly a struggle; the tireless exertions and the pas- teacher, a 10-year-old girl was taken direct racist statement. sionate concern of dedicated individuals. home from school after a male class- And what is the result we see today Let’s make that the spirit of the next mate grabbed her private parts, and of all of this racism from our Presi- 4 years, where together we are dedi- when asked why he did it, the boy said dent-elect and from his Chief Strate- cated to progress for all Americans to- that if a President can do it, he can do gist? Well, we have seen a startling rise ward reaching that goal of opportunity it too. In Oklahoma City, a woman was in people’s willingness to use the ‘‘N’’ and equality and justice. chased on the highway because of her word in public. Another target has been our women Hillary bumper sticker, while men in At a school in Maple Grove, MN, the across the country. Our President-elect another car hurled sexual insults at boys bathroom was defaced by graffiti repeatedly treated women as sexual ob- her. that included racial slurs such as the jects. Women have worked so hard to These are just a small number of the ‘‘N’’ word and porch monkeys, along- be seen as equals in our society. hundreds and hundreds of events hap- side pro-Trump messages such as Women have flown as astronauts. They pening across this country. Every ‘‘Trump Train’’ and ‘‘Make America have reached the heights in science. Member of this body, every Member of Great Again.’’ They have reached peak after peak in the Senate can relate stories from peo- Students from the University of Wis- leadership across our country. They ple who have shared with them over consin-La Crosse who were living off bring their insight and wisdom to this the past few weeks, stories from their campus found the quote ‘‘Go Home’’ Chamber here in the U.S. Senate and in constituents who have written to them and the ‘‘N’’ word written on their the House of Representatives 100 yards to share the harassment they have suf- front door. across Capitol Hill. fered. A man in Knoxville, TN, woke up one But our President-elect has seen it We have just seen a historic mile- morning to find his car vandalized with differently. Referring to the media, he stone. We have had, for the first time, the phrase—and I am paraphrasing—ex- said: ‘‘It doesn’t really matter what a woman as the nominee of a major po- pletive deleted ‘‘U’’, insert ‘‘N’’ word, they write as long as you’ve got a litical party—and not only that, she and then the word ‘‘Trump’’ spray- young and beautiful piece of’’—insert a got a lot more votes than did Donald painted on his car. demeaning term for women. He de- Trump. The women’s suffrage move- We have seen incidents harkening clared that ‘‘You don’t give a’’—insert ment has come so far since the days back to a time in history of discrimina- expletive—‘‘if a girl can play a violin when Elizabeth Cady Stanton said: tion and segregation. like the greatest violinist in the world. ‘‘We hold these truths to be self-evi- At a high school in Jacksonville, FL, You want to know what does she look dent; that all men and women are cre- an individual put up these signs: ‘‘Col- like.’’ ated equal’’ and that ‘‘the history of ored’’ and ‘‘Whites Only’’—the time of Our President-elect derided a polit- the past is but one long struggle to- Jim Crow in America, where African ical opponent by commenting on her ward equality.’’ We have come a long

VerDate Sep 11 2014 03:27 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.042 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6449 ways in the few decades since Martin Nation from war zones. He told a crowd said: ‘‘Headscarf isn’t allowed any- Luther King said that the moral arc of in Minneapolis that allowing refugees more’’ and telling her to ‘‘hang your- the universe is long but it bends to- into our country ‘‘will import genera- self with it.’’ That is the level of wards justice. Across our country, citi- tions of terrorism, extremism and radi- Islamophobia sweeping our Nation at zens have worked to bend that arc in calism into your schools and through- this very moment, inspired by the rhet- this vision of a nation that embraces out your communities.’’ This state- oric of our President-elect and his opportunity for all—not opportunity ment is so far diverged from the truth Chief Strategist, Steve Bannon, and it only for the rich and powerful to have as to make it impossible to recognize is unacceptable. It needs to stop. more opportunity, but opportunity for where he got this notion. Every expert As Robert Kennedy once said, all, for every child to have the ability will tell you that if a terrorist wants to ‘‘America’s answer to the intolerant to contribute to this country. come into our Nation, the hardest path man is diversity—the very diversity My father, now deceased, was a me- is to come as a refugee: You have to go which our heritage of religious freedom chanic. He never went to college. But to refugee camp, you have to be reg- has inspired.’’ We need to embrace that he told me when I was in grade school: istered, you have to be vetted for heritage, we need to cherish that herit- Son, if you go through the doors of years, and if you are male, you are age, and we need to strive to live up to that schoolhouse and you work hard, probably not going to make it, but be- the best instincts of our Nation, not you can do just about anything here in cause the goal was to foment the darkest impulses. America. That is the vision we want to Islamophobia, this lie was repeated Yet another group that is feeling strive toward, where the son of a me- again and again. It is much easier to threatened is our LGBTQ community. I chanic, the daughter of a janitor, the come into our country on a tourist will note that Donald Trump in his child of a Hispanic couple or an Afri- visa, a business visa, a student visa, campaign did not attack our LGBTQ can-American couple or a gay couple or not a refugee settlement visa. community overtly, and he said on ‘‘60 a lesbian couple—where every child has Our President-elect told the same Minutes’’ the other night, as the ques- the opportunity to thrive. To do that, crowd that refugees settling in Min- tion of same-sex marriage came up, the we have to set aside these racist at- nesota were ‘‘joining ISIS and spread- question of same-sex marriage is ‘‘set- tacks, these sexist attacks. ing their extremist views all over our tled.’’ Another target has been our Muslim- Actions speak as well as words, and American community. For the last country. . . . ‘’ Now there are reports from some con- of all the possible men and women he year and a half, they, like other groups nected with the transition team that could choose as a running mate, he of Americans, have been denigrated the incoming administration is consid- chose now-Vice President-Elect Mike and insulted by President-Elect Trump ering implementing a system for reg- Pence, the most anti-LGBTQ Governor and his campaign. His campaign has istering Muslim Americans, just as in America. This individual is someone worked to fan the flames of who has signed a draconian religious Islamophobia. Take Mr. Trump’s views President-Elect Trump talked about, ‘‘liberty law’’ in Indiana that allows in- on registering Muslim-Americans. and using our country’s shameful individuals and businesses to discrimi- When asked whether the United States ternment of Japanese Americans to nate against the LGBTQ community. should have a registry of Muslims, he justify this idea because it is a prece- Our Vice President-elect supported said, ‘‘I would certainly implement dent. Let me be clear: Imprisoning fel- conversion therapy to change people’s that. Absolutely. . . . There should be low Americans as we did during World sexual behavior. As a radio host, he a lot of systems, beyond databases. We War II was a shameful and dark chap- gave a speech and declared marital should have a lot of systems.’’ When ter and a mistake. We need to make the reporter followed by asking ‘‘Would sure we remember that it was a mis- equality would lead to ‘‘societal col- Muslims be required to register?’’ he take and never use it as a precedent for lapse.’’ Mr. Trump’s Chief Strategist echoes answered, ‘‘They have to be. They have action in the future. much of this. One headline on to be.’’ Then, again, here we have our Presi- Well, let me share with the Presi- dent-elect’s Chief Strategist, Steve Breitbart News said: ‘‘Dear Straight dent-elect that we are not a nation Bannon, who has run headlines like, People: I’m Officially Giving You Per- that discriminates because of one’s re- ‘‘Political Correctness Protects the mission to Say’’—and then it goes on ligion. It is called freedom of religion. Muslim Rape Culture’’ or ‘‘Imme- to list anti-LGBTQ slurs. Another Our vision is opportunity for all. There diately After Muslim Mayor Elected, headline that he put up on his Web site were nations that discriminated based London’s Iconic Buses Proclaim, ‘Glory said: ‘‘Gay Rights Have Made Us on religion. Those were European na- to Allah.’’’ Mr. Bannon has personally Dumber, It’s Time to Get Back in The tions. That is why a lot of our fore- suggested that we are in a global war Closet.’’ Yet another headline said: fathers came here—to escape that op- against Islam. ‘‘Kids Raised By Same-Sex Couples pression and to have the freedom to So it is no wonder the rhetoric of our Twice As Likely To Be Depressed, Fat thrive and to maintain the religious President-elect and the leader of the Adults.’’ views they wanted to have, not what White supremacist Web site is causing How has this kind of rhetoric im- somebody else told them they had to discrimination and confrontation with pacted our Nation since the election? A have, or to be imprisoned, or register Muslim Americans around our country. gay couple in Ogden, UT, woke up to them for discrimination because of Some are being physically assaulted, find their car vandalized with anti-gay their religious background. like the woman at San Jose University slurs painted on the side. Rainbow So when any American attacks our who lost her balance and choked when flags, the symbol of the LGBTQ move- Muslim-American brothers and sisters, a man attempted to rip off her ment around the world, were burned in we need to stand with them shoulder to headscarf or the Muslim student at the Rochester, NY. An individual in North shoulder. And if any other religious University of Illinois Urbana-Cham- Carolina found a note on their car that group is attacked, we need to stand paign campus who reported having a said: with them shoulder to shoulder and knife pulled on her. Can’t wait until your ‘‘marriage’’ is over- stand for the vision of opportunity and Then there are those who are being turned by a real president. Gay families = equality for all. That is what every verbally abused and otherwise intimi- burn in hell #Trump 2016. Member of this Chamber should be dated, including a woman riding the Like so many of the other groups of coming down here to say—that when BART train in San Francisco who was Americans I have talked about, the those groups are attacked, we will accosted when another passenger called LGBTQ community has struggled for a stand with them because that is not her a terrorist who should be deported, long time to be accepted, to be recog- the vision of America. That is not the and a pickup truck that has been driv- nized as full members of our society, to spirit of America. That certainly is 100 ing around Brooksville, FL, with writ- not be discriminated against when they percent contrary to the vision of Amer- ing on it that says: ‘‘All Muslims are seek employment in our country, to ica. Terrorists,’’ ‘‘Deport them all,’’ and ‘‘I have the same rights against discrimi- Our President-elect tried to foment hate Muslims.’’ In Georgia, a Muslim nation that we adopted for race and fear of Muslims seeking refuge in our teacher found a note left for her that gender and ethnicity in 1964. We have

VerDate Sep 11 2014 03:27 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.043 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6450 CONGRESSIONAL RECORD — SENATE November 17, 2016 come a ways, but we haven’t yet made of emails sent to Capitol Hill to ask us Stanislaus County, CA, to Canonsburg, it to the point that we have provided to help convey this message. PA; from New York City to Des the same foundation against discrimi- From every direction, Americans are Moines, IA; from Peach County, GA, to nation that we provided in 1964 to other reaching out and saying: End the hate Palm Springs, CA, it seems no corner groups. speech. End the hate commentary. of the country is immune from this So while Donald Trump himself did Bring people into your administration tragic trend. Unfortunately, Alaska is not attack the LGBTQ community, the who believe in opportunity and justice not immune from it either. person he chose as Vice President and for all. Change directions. Just this last Saturday, on November the person he elevated to Chief Strate- It is a time for leadership. It is time 12, Anchorage police officer Arn Salao gist for the White House very much for our President-Elect Donald Trump was dispatched on a call involving an have, and that is a powerful, powerful to rise to the occasion and to help individual who failed to pay a taxi fair, message that has unleashed attacks build a nation that provides the foun- and as he pulled up to the scene, an in- across this country. dation for every American to thrive. dividual opened fire on his patrol car. As our next President, Donald Trump Mr. President, I suggest the absence Officer Salao exited his car and began has the responsibility to put an end to of a quorum. to return fire, but he was struck four the prejudice and to put an end to the The PRESIDING OFFICER. The times before the assailant was brought hate crimes sweeping our Nation and clerk will call the roll. down by Officer Salao and his backup. to calm the fears and anxieties of mil- The senior assistant legislative clerk It turns out—we have just learned this lions of Americans who are frightened proceeded to call the roll. within the past day—that the perpetra- about their future in this country— Ms. MURKOWSKI. Mr. President, I tor’s gun was linked through ballistics about whether they will have an oppor- ask unanimous consent that the order to five homicides in Anchorage during tunity to contribute to this country, for the quorum call be rescinded. this year of 2016. whether they will be fired from their The PRESIDING OFFICER. Without Officer Salao has undergone two sur- job, whether their car will be vandal- objection, it is so ordered. geries and he is expected to survive. On ized, whether their children will be f behalf of a grateful Senate, I will take this opportunity to recognize Anchor- taunted and bullied, whether they will HONORING ALASKA’S LAW age Police Officer Arn Salao for his be attacked in a parking lot. ENFORCEMENT Across the Nation, thousands of peo- bravery and his heroism, and wish him ple have been turning out to walk the Ms. MURKOWSKI. Mr. President, as Godspeed in his recovery. streets and to protest. They are trying many of my colleagues know, I have I would also like to extend my appre- to send a message. Sometimes that been proud to associate myself with ciation to the men and women of the message has gone off-track. the work of the National Law Enforce- Anchorage Police Department under In Portland, OR, thousands turned ment Officers Memorial Fund. I have the able leadership of Chief Chris out to send this message to our Presi- been doing this for the many years I Tolley. Chief Tolley is very proud of dent elect: Put the hate speech and have been here in the Senate, and I his team—and justifiably so—from the hate acts behind you. Don’t bring have been privileged over the years to officers on the scene to the dispatchers White supremacists or deeply preju- read the names of Alaska’s fallen law who calmly managed the situation, to diced individuals into your administra- enforcement officers. They have a can- the investigators who pieced together tion. Let’s have a next 4 years that em- dlelight vigil that occurs at that me- the story. braces all Americans and their oppor- morial every May. It is an extraor- Up in Fairbanks, to the north of An- tunity to succeed. They are trying to dinarily powerful and moving vigil. chorage, we had a different outcome send a message by walking with their From my seat, I am able to look out with a different ambush shooting. Ser- feet from park to park, across bridges, and see thousands of individuals, and geant Allen Brandt of the Fairbanks through the streets. directly in front of the stage they have Police Department was not so fortu- Unfortunately, some anarchists de- the wives, husbands, parents, and chil- nate. On the evening of Saturday, Oc- cided to destroy the effectiveness of dren of those officers who paid the ulti- tober 15, Sergeant Brandt gathered his this protest by breaking windows and mate sacrifice. As I think of the fami- four children, brought them together setting some fires. The organizers of lies, individuals, and those who have on his bed before he was going out to these protests condemn the anarchists served and paid the ultimate sacrifice, report for duty. That was ordinary for and try to keep them out, and most of it is very difficult to find words that this sergeant—four young kids under the protests have succeeded. express the depth of my gratitude for the age of—I believe it is 8—all snug- I ask for our President-elect, if you their service or the depth of my sor- gling with their dad as he prepared to won’t listen to those of us who are pub- row. read a story, as he did each and every licly asking you to change course, and It is a great honor to be asked and a day. Unfortunately, nothing beyond if you won’t listen to my colleagues duty to demonstrate my solidarity that was ordinary about that par- who are privately calling you and say- with the thin blue line. I go each year ticular evening. Sergeant Brandt had a ing to you and your team to change hoping that I will not be invited back premonition that he would get shot course, then listen to the people in the the next year because that would mean that evening, and he actually shared streets across America who are trying Alaska did not lose a law enforcement that with his family. to peacefully convey the message that officer in the previous year. Unfortu- Sergeant Brandt was dispatched to a we are a diverse nation, with a fabu- nately, I will be invited back to the call of shots fired in downtown Fair- lous vision of embracing people of 2017 ceremony because the year 2016, banks later that evening. He pulled up every religion and every ethnicity and this year, I am sad to say has been a on the scene. He was shot six times by every race. Let’s continue that tradi- most difficult one for the law enforce- an assailant who took his gun and his tion. Let’s strengthen that tradition. ment community in Alaska. This past patrol car, leaving Sergeant Brandt on Let’s build on that tradition. That is autumn has been particularly difficult. the street to die. Hearing the gunfire, the message all of us are trying to Since this body recessed at the end of Brenda Riley rushed out of her home. send. September, 25 law enforcement officers It was late. It was cold. She was wear- I join my colleagues to repeat the re- have lost their lives in the line of ing a robe and slippers, and she lit- quests we have made on the floor in duty—15 to gunfire. Firearms-related erally held Sergeant Brandt in her Senate, the letter we sent to you, the law enforcement fatalities are up 70 arms while help arrived. message sent privately by many of my percent according to the Officer Down The sergeant was first taken to Fair- colleagues sitting across the aisle, the Memorial Page. This year we have to banks Memorial Hospital, and then he message sent by many of our leaders contend with a particular type of fire- was air-lifted to Alaska Regional Hos- from civil rights groups and other or- arms-related fatality, the ambush pital in Anchorage. I had an oppor- ganizations who have contacted the shooting. This year, 2016, will go down tunity to visit with him just hours transition team, the message that has in the annals of law enforcement as the after the shooting there at the hospital echoed with thousands and thousands year of the ambush shooting. From in Anchorage and had an opportunity

VerDate Sep 11 2014 03:27 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.045 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6451 to not only hear directly from Ser- him out to work each and every day be- He came to Congress to testify before geant Brandt about the circumstances cause the community needs people our committees. He was viewed as the behind the shooting but to share his with Sergeant Brandt’s selflessness, his Arctic expert, if you will, one who cer- thoughts with his wife present as well courage, and his integrity. tainly had a Ph.D. in Arctic living. He as his best friend. So my thoughts today remain with spoke at just about every Arctic con- Sergeant Brandt was supposed to sur- Natasha Brandt and her four kids, who ference that I have participated in, as vive. His most serious injury was I hope will grow up to appreciate just one, again, who could speak to his life shrapnel to the eye. He had been shot how much of a hero and a role model as a whaling captain, as an Inupiaq, as multiple times in the legs, took a shot their father was. a leader, as a father and husband but directly to his chest, and, fortunately, My thoughts also remain with Bren- also a very strong businessman who the bulletproof vest saved him, but da Riley, who ran out of the house in was committed to leading his people shrapnel came up into his eye. At the her robe and slippers to come to the aid into a modern-day world, while at the time I saw him, he had a patch. He was of an officer in distress, and with Phil same time retaining ties to the land, to quite concerned that he would lose his McBroom of the North Pole Police De- the waters that feed and sustain them. eyesight and, if he lost his eyesight, he partment, who is Allen’s best friend, Our former colleague Ken Salazar, was concerned that he wouldn’t be able who stood watch with him there at the who went on to serve as Secretary of to continue to serve in the Fairbanks hospital and who maintained vigil and the Interior, referred to Edward Itta as Police Department—a concern he said then cared for Allen’s children, along a giant of Alaska who opened his eyes was very troubling. with his own four kids, as well as with to the wonders of the Arctic and its The sergeant was released from the all of the men and women in law en- people. hospital. He returned home to Fair- forcement. There is a great book that is au- banks to thank Mrs. Riley and to Once again, I join with my Senate thored by Bob Reiss, entitled ‘‘The Es- thank the Fairbanks community for colleagues in wishing Officer Salao a kimo and the Oil Man.’’ It tells the their support. Eight days after he was speedy recovery. story of how, as Shell was first seeking released from the hospital, Sergeant f to explore opportunities in the Beau- Brandt went to the Fairbanks City REMEMBERING EDWARD ITTA fort and the Chukchi Seas—some of the resistance that this oil company met Council. He went to speak before the Ms. MURKOWSKI. Mr. President, it as it dealt with the Native people in council. It was actually the same day is following these sad and difficult that the new mayor was being sworn comments that I continue my remarks trying to gain consent and support for in, new council members were being this afternoon to pay tribute to a truly their activities in the Arctic and how sworn in. great Alaskan leader who lived a full this Eskimo, this Inupiaq visionary, Sergeant Brandt wanted to thank the and strong life. helped to bring together the world of community of Fairbanks. A devout and Today I rise to honor the life of Ed- the traditional subsistence lifestyle humble man, Sergeant Brandt told the ward Itta of Utqiagvik, AK, formerly and how it could be compatible with oil council that he has seen the hand of known as Barrow. Mr. Itta passed away exploration and development in the the Lord. Yet, he noted, we have many on November 6 after a very courageous Arctic. It is a book that once I had fine officers who have done greater and battle with cancer. completed, I didn’t put away on a better things than I have. He said: Our It is hard for me to even share com- bookshelf to not read again. I keep it officers do a very hard job and they ments about Mr. Itta’s life—Edward’s out because I continue to refer to it. need your support. Working weekends life—because he lived a life that was so Edward was appointed in 2012 to the when their friends are working nights, remarkably full. As I look to the com- U.S. Arctic Research Commission by sleeping during the day, the time that ments that I have prepared, it just President Obama and did wonderful you miss with your family. doesn’t seem appropriate to recognize work within the Commission. In the In Sergeant Brandt’s words, officers Edward, using the formality we have business world, Mr. Itta was active in do a hard job and most of the time here in the Senate, with just words. his regional corporation—the Arctic thankless. He said: We need your sup- Edward Itta was a visionary leader in Slope Regional Corporation. He served port and not just when bad things hap- our State. In many ways, like many on numerous subsidiary boards as well pen. Alaska Natives, he lived in two as his village corporation, UIC. Also, He asked the council: worlds—the traditional world of an before taking on the role of mayor, Mr. Can you imagine telling your kids before Inupiaq whaling captain, as well as the Itta served in numerous management you go to work that you think you are going past president of the association and roles on the North Slope Bureau, in- to be shot? That’s what our police officers vice chairman of the Alaska Eskimo cluding chief administrative officer deal with every day. I just want you to know Whaling Commission. I came to know and public works director. Locally he what life is like for a police officer. Edward through his life as a whaling will be remembered for his leadership Those were the words that Sergeant captain and how he helped to translate in building and maintaining commu- Brandt shared with the Fairbanks City that into this modern world because he nity infrastructure, gravel sources, Council. was very much a part of the modern sewers, roads, airports and the like Later that week, Sergeant Brandt re- world of business, government, and pol- which were so essential to the survival turned to Anchorage for scheduled eye itics. in the far north. surgery. He was fighting to save his Edward Itta is probably best known Edward Itta played in so many eyes, again, in hopes of returning to for the two terms he served as mayor worlds and in all of them successfully. duty. Unfortunately, Sergeant Brandt of the North Slope Borough, which is Yet he never forgot where he came died from complications of that sur- where many of us in Washington, DC, from or who he was. His family, his gery. His assailant has been charged our Nation’s Capital, came to know of friends—so many of us who call him with murder in the first degree. and learn about Edward Itta and his friend—recognize what he provided for Sergeant Brandt’s final public utter- leadership. He, as mayor, created the so many. We will remember his great ance—that the law enforcement family Healthy Communities Initiative to pro- sense of humor, his infectious laugh. needs the support of the community mote community-based activities. He He loved to tell stories. He would walk and not just when an officer has been also created the mayor’s Youth Advi- around the community gathering—a shot—these words must resonate sory Council, recognizing the need to gathering they call Nalukataq, and Ed- throughout this Nation. As we reflect encourage student leadership for our ward would walk me around to every on a tragic year about to close, it is my Next Generations, always focused on, little family in this semicircle on the sincere hope this will be our national again, a forward vision. He was deeply beach, introducing me to everyone resolve in the year to come. involved in policy discussions over how from the elder down to the youngest Like every other law enforcement of- to balance oil and gas development in grandchild and telling stories about all ficer, Sergeant Brandt knew the risks the Arctic with traditional values and in between. and his family knew the risks. In spite the impact of climate change on his He was an amazing man. He had a of those risks, his wife Natasha sent communities. passionate commitment to the values

VerDate Sep 11 2014 05:14 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.047 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6452 CONGRESSIONAL RECORD — SENATE November 17, 2016 and traditions of the Inupiaq people. TRIBUTE TO FEDERAL Service did this while continuing to We will miss Edward Itta. EMPLOYEES perform other special protection du- I had an opportunity to be there at OFFICER CODIE HUGHES AND SPECIAL AGENT ties, such as the massive task of secur- the hospital in Barrow during the last TATE JARROW ing the United Nations General Assem- few days Edward was on this Earth and Mr. CARPER. Mr. President, I come bly. had a chance to give a hug to his wife to the floor maybe once a month when In September, converging on New and to share my love and my support we are in session to talk about folks York City at the United Nations, we for a truly great Alaskan. who are a part of the team at the De- had leaders of over 100 different nations With that, Mr. President, I yield the partment of Homeland Security. There around the world, and the job of pro- floor. are about 225,000 of them. What I do tecting them and keeping them safe The PRESIDING OFFICER. The Sen- every month is pick on a couple of fell largely—not entirely, but largely ator from Delaware. them. We pick on a part of the Depart- on the Secret Service. For many Mr. CARPER. Mr. President, I under- ment of Homeland Security that agents, this required significantly long stand that the majority leader is going maybe doesn’t get a lot of attention. hours and weeks at a time on the road to be coming on the floor, and I will be Before the Presiding Officer leaves, I and away from their homes, all while most happy to yield to him. just want to say ‘‘Happy Thanks- standing ready at a moment’s notice to giving’’ to him. thrust themselves into harm’s way Tonight, if I can, in the time that I should their duty require it. f have, I will start off by—I have been I am enormously proud of the Secret doing this now for 2 years, coming to Service in this election season. Their CONGRATULATING THE SENATOR the floor and talking about people in work to ensure our candidates’ per- FROM ALASKA the Department of Homeland Security sonal safety and protect them from Mr. CARPER. While she is still here, who have done amazing things for all harm also helps protect our democracy, I want to congratulate the Senator of us. ensuring that the American people from Alaska and the chair of the En- If you will recall, the Department of have the final say on who will be our ergy Committee on being named one of Homeland Security didn’t even exist next President and next Vice Presi- the recipients of the Jefferson-Lincoln when I first came here in 2001. It was dent. The Secret Service agency is a Award this year in California and just created on the heels of 9/11. We took critical part of ensuring the peaceful say how proud I was to sit there in the about 22 disparate agencies and transition of power from one duly audience and say that I know her and glommed them together. They all had elected leader to the next. have the opportunity to work with her. something to do with Homeland Secu- For all these reasons it is urgent that So congratulations. rity. The Department has struggled at the Congress do what it needs to do to The PRESIDING OFFICER. The Sen- times to try to be a coherent, collegial, ensure that the Secret Service agents ator from Alaska. productive organization. I think they who have worked so hard in recent months receive the pay that they have Ms. MURKOWSKI. Mr. President, if I are hitting their stride, and I am proud earned and deserve. The pay limit in can just say right back to my friend of the work they do. There are more than 230,000 employ- current law prevents that from hap- that it was indeed a privilege and an ees in the Department of Homeland Se- pening at the moment for those agents honor to be recognized with the Jeffer- curity around the country and around who are owed overtime compensation. I son-Lincoln Award, along with my col- the world. They do some of the most support efforts in this year’s House and league from Delaware. difficult and some of the most diverse Senate appropriations bills to address Particularly at times when political work that is done in the Federal Gov- that issue and to make our Secret heat and rhetoric can be amplified a ernment, anything from protecting Service agents whole. I’m hopeful that little bit, I think it is important to rec- against cyber attacks—we have plenty a fix to this problem can be included in ognize and know that colleagues from of that going on—to helping commu- any final spending bill that we take up very different parts of the country, nities recover from natural disasters. during the final week of this year. with different constituencies, and dif- Unfortunately, we have a lot of that The demanding work done by the ferent political perspectives can come going on as well with FEMA helping men and women of the Secret Service together, whether working on legisla- out—to securing our borders, our ports exemplifies the term ‘‘public servant,’’ tive agendas or just showing respect of entry. The Department of Homeland as they put their lives on the line every and appreciation for the good work Security faces great challenges as it day to protect our President, Vice they do. I have such respect and appre- carries out its mission of protecting all President, and the candidates for those ciation for my friend from Delaware. It of us as we go about our daily lives. offices, regardless of party or politics. was indeed a privilege to be recognized As most people know, the U.S. Secret Even during the busy Presidential cam- with him, and I thank him. Service is charged primarily with pro- paign like the one we have just gone Mr. CARPER. Mr. President, most tecting the President and the Vice through, every division of the Secret people are not familiar with the Jeffer- President and their families 24 hours a Service, despite the added strains, con- son-Lincoln Awards, but they are given day, 7 days a week. When I was a kid tinues to exceed expectations through out every year to different people, growing up, I thought that was all they their ongoing work. Democrats and Republicans, usually to did. As it turns out, there is a whole lot While many of us know of the Secret people who are in public life. One of the more that they do. It is a huge chal- Service’s duty to protect the President, recipients was Bob Mueller, a former lenge, especially in a Presidential year relatively few of us know of the impor- FBI Director—and SAM FARR, who is like this when you have all these peo- tant work done behind the scenes by stepping down from Congress after ple running for President—mostly in countless others across the Secret about 28 years there and a life of serv- the Republican Party, but some in our Service, two of whom I am proud to ice. He succeeded Leon Panetta in party too. As all the candidates are highlight tonight. Leon’s House seat all those years ago. traveling around this Nation and going One is called the Secret Service Uni- They present these awards to people hither and yon, the Secret Service is formed Division, and they protect the who want to get things done. That is trying to keep them and their families White House and its grounds 24/7. They pretty much it—people who use com- safe and doing it on a regular basis. ensure that the people’s house is secure mon sense, are collegial, work across This part of their job becomes a lot for the President and their families, for the aisle, and just get things done. It harder during a Presidential election. their guests, staff, and visitors. was an honor to be there with my col- The men and women of the Secret I have no idea how many people visit league and the Panettas as well. It was Service worked this year thousands of the White House every year, but I a great evening. hours of overtime in this campaign know it is in the hundreds of thou- Mr. President, I am happy to yield cycle in order to provide protection for sands, maybe more, maybe even in the the floor as soon as the majority leader every candidate who needed it, whether millions—but a lot of people go there comes. Republican or Democrat. The Secret from all over the world and visit. One

VerDate Sep 11 2014 05:14 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.049 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6453 of the things that the Secret Service For 10 years she has worked on her own ged in his pursuit of the bad guys. Un- Uniformed Division does is help to time to make a difference in her com- fortunately, there are plenty of them make sure that when visitors go there, munity and protect her neighbors dur- out there. they are safe. ing fires and other emergencies. The American people, their informa- One uniformed division officer who So to Codie, we say thank you for the tion, and their hard-earned savings are has lived her entire life in the service example you have set for so many oth- all safer thanks to Tate’s efforts to go of others is Codie Hughes. Officer ers at the Department of Homeland Se- after the bad guys who prey on hard- Hughes joined the Secret Service 12 curity, in your community in Lees- working Americans online. years ago. burg, and across our country. Thank This October, about a month ago, Here is a photo of her with the Sec- you, Codie. Special Agent Jarrow was honored by retary and Deputy Secretary Another true public servant within Secretary Jeh Johnson, the Secretary Mayorkas. As a uniformed officer with the Secret Service is a fellow named of the Department of Homeland Secu- the White House branch, Officer Tate Jarrow, a special agent. Tate is rity, with the Secretary’s Silver Medal Hughes is charged with securing one of pictured here to my left. He looks like Award for his work with the New York the most iconic public buildings in the a young fellow, but after graduating Electronic Crimes Task Force. Shortly world, the White House. from the U.S. Military Academy at after that, the Partnership for Public In the past 3 years alone, she made West Point, Special Agent Jarrow Service awarded Special Agent Jarrow more than 45 arrests while patrolling served 5 years as an Army infantry of- with the Call to Service Award, one of the area around the White House, in- ficer, achieving the rank of captain be- its prestigious ‘‘Sammy’’ awards that cluding one person who was wanted by fore joining the Secret Service. go to talented Federal servants for out- the FBI for previously making threats Mr. President, as an old Navy guy, a standing service to us, the American against law enforcement officers. Since retired Navy captain—he is an Army people. 2013, Officer Hughes has helped save the captain—I feel I should say ‘‘Navy sa- The Secret Service is full of women lives of not one but three people who lutes Army,’’ and the Navy does salute and men like Codie Hughes and Tate needed her help. the Army. I like to say to people—I Jarrow, who have dedicated their lives When a man collapsed in the White like to kid folks in the different serv- to serving others on the job and off the House before a meeting with the Presi- ices, and we take shots at one another job. The work done by them and others dent, Officer Hughes administered CPR in a fun-loving way, but I would say to like them, especially over these past 18 before the man was revived with a my friends in the Army kidding me months, and by thousands of men and defibrillator. about the Navy, ‘‘different uniforms, women in the U.S. States Secret Serv- Similarly, earlier this year, when Of- same team.’’ So we are lucky that we ice is a shining example of public serv- ficer Hughes found a man collapsed on are on the same team with this fellow. ice at its best. While many of us can the street outside the White House Tate is a special agent in the New get swept away in the politics of the without a pulse, she administered CPR York Electronic Crimes Task Force. He day or the latest headlines and the last until medics arrived. has worked to protect millions of tweets, there are countless public serv- And last year, most remarkably, Americans from large-scale financial ants across the Department of Home- when Officer Hughes happened upon fraud. While fraud and counterfeit in- land Security who wake up every two detectives in her hometown of vestigations are one of the Secret Serv- morning, and they go to work on behalf Leesburg, VA, administering CPR to an ice’s lesser known tasks, the growth, of us, the American people. unconscious man, she quickly identi- scope, and scale of cyber crimes makes Their dedication, their service, and fied herself as a Secret Service agent Agent Jarrow’s work more important their sacrifice continue to move our and offered to help. Along with the de- than ever. country forward. So, to Officer Hughes, tectives, Officer Hughes administered After one of the largest data breaches to Special Agent Jarrow, and to all CPR until the medics could respond. in history compromised the informa- their colleagues at the U.S. States Se- This is her picture. As I said earlier, tion of nearly 100 million people, Spe- cret Service, we thank you for your un- she is shown here with the Secretary of cial Agent Jarrow worked with forensic wavering dedication, your long hours, the Department, Jeh Johnson, who has investigators and the FBI to track tireless service to our President, to our done a great job, and the Assistant down the hackers and stop them from Vice President, to their families, and Secretary, Ali Mayorkas, who has also using the information to perpetrate a really to the American people. All of us done a terrific job, and the fellow who large-scale stock manipulation scheme. here in this Chamber and countless has been the Director of the Secret Special Agent Jarrow’s work brought others around the country are better Service for several years now, Joe to justice three men who not only stole servants thanks to your hard work and Clancy, who by everybody’s acknowl- this information but were stealing shining example. edgment has done a very good job pro- more than $100 million using various il- In closing, I should acknowledge the viding wonderful leadership. This pho- legal enterprises that preyed on inno- fact that, despite the excellent work I tograph represents a time not long ago cent people around the world. have detailed in these remarks, the Se- when she received the Secretary’s In another case, Special Agent cret Service has faced its share of chal- award from the Secretary of the De- Jarrow shut down a criminal enterprise lenges in recent years. But this week partment of Homeland Security. It is, I that used investment fraud, credit card the inspector general of the Depart- think, the highest honor that can be fraud, identity theft, and computer ment of Homeland Security issued a presented by the Secretary of the De- hacking to steal more than $250 mil- new report praising a number of steps partment. It is the Exceptional Service lion—$250 million—from some 600,000 that the agency—the Secret Service— Gold Medal for her ‘‘extraordinary Americans and thousands of other peo- has been taking to make needed im- bravery saving numerous lives both on ple around the world. His work helped provements. These improvements are and off duty.’’ It is a well-deserved put away the culprits, sending the ring thanks, in part, to the exceptional award for an exemplary public official. leader to jail for 20 years or more. work of rank-and-file personnel like Codie, congratulations. Special Agent Jarrow has been de- Officer Hughes and Agent Jarrow, and Officer Hughes currently serves as an scribed by his colleagues as ‘‘one of the also to the strong leadership of Direc- instructor at the Secret Service train- most preeminent cyber investigators in tor Clancy, Secretary Johnson, Deputy ing academy, teaching new agents how the Federal Government.’’ That is real- Secretary Mayorkas, and others who to respond to stressful situations while ly saying something, because we have have been committed to ensuring that maintaining their composure at all some terrific ones in the NSA, or the the Secret Service remains the finest times. I can think of few people better National Security Agency, and in the protection agency in the world. prepared to serve in this position than Department of Homeland Security and As I prepare to yield the floor and Codie Hughes. elsewhere. So that is high praise. leave the building, I just want to take When Officer Hughes is off duty, she While they say that Special Agent a moment to say, when a lot of Amer- continues her service as a volunteer Jarrow is quiet, they say he is humble ican families gather on Thanksgiving with the Leesburg, VA, fire company. in person, and he is dogged. He is dog- Day across our country and enjoy a

VerDate Sep 11 2014 05:14 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.050 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6454 CONGRESSIONAL RECORD — SENATE November 17, 2016 meal together—hopefully, a wonderful tions that aim to close coal mines and TRIBUTE TO LINDA YU meal together with their parents and shut down coal-fired power plants that Mr. DURBIN. Earlier this year, Linda their moms and dads, their brothers exist in Kentucky and prevent new Yu, one of Chicago’s most respected and sisters, their children, aunts and ones from being built. and well-liked broadcasters, announced uncles, nieces and nephews—my hope is Even in the face of this hostile envi- that she will anchor her final newscast that when we give thanks, we will also ronment, in 2010, Bill Bissett took on a next Wednesday, November 23, 2016. remember to be thankful for the folks difficult job that many would have For more than 37 years, Linda Yu has I talked about here today and the hun- shrank from and became the president reported the news in Chicago and set a dreds of thousands of people like them of the KCA. Since then, he has been on high bar for those who follow. Linda is who are a part of the team at the De- the front lines fighting against govern- one of the special ones. She has an out- partment of Homeland Security. ment overregulation and overreach. standing ability to connect with her One of the reasons we have the free- And I have been proud to stand along- viewers, which has ingratiated her to dom we do as a nation is because of side Bill to defend Kentucky’s coal Chicagoans. A viewer once told her their vigilance and commitment to workers and their families against an that ‘‘when things go wrong, you make duty. So I extend that on behalf of all administration dead set on waging a me feel safe.’’ That’s what Linda Yu of the Members of the Senate to the war on coal, a war which has contrib- means to Chicago. She is a comfort to folks who serve us in the Department uted to the closure of mines and an in- a city during difficult times and a of Homeland Security and throughout crease in unemployment. trusted voice. Linda is the consummate Bill and I worked together in taking this government and to the folks who professional, class act, and trailblazer. Kentucky’s case for coal and for coal work in this building and who enable As the first Asian American to anchor jobs to the EPA. When the EPA first us by providing for Members and staff a news broadcast in Chicago, Linda has held hearings on the set of regulations here in the Capitol and to the pages become a role model for children aspir- that would become the so-called Clean who are going to go home for a week or ing to the newsroom, regardless of race Power Plan—regulations that threaten or gender. That is quite a legacy. so and come back for maybe a week or to close down power plants in Ken- so. We wish all of them a happy Linda’s story is a uniquely American tucky and reduce jobs—Bill and I story. Born in Xian, China, Linda Thanksgiving, and we look forward to worked together in calling for them to seeing all of you, including my friend moved to Hong Kong with her family hold listening sessions in Kentucky so when she was only 2 years old. Three the Presiding Officer in about 10 days. EPA could hear from the people who With that, the majority leader is years later, they immigrated to the would be most affected by its new United States, living in Pennsylvania here. I am happy to yield the floor to rules. him and wish him a happy Thanks- and Indiana, before settling in Cali- When the EPA refused to come to fornia. In 1968, Linda Yu graduated giving a few days in advance. Kentucky and only held hearings in I yield the floor. from the University of Southern Cali- States with little reliance on coal like fornia with a bachelor of arts in jour- f California and Massachusetts, Bill and nalism. Shortly after, she began her ca- TRIBUTE TO WILLIAM ‘‘BILL’’ the KCA joined me in making sure our reer at the ABC-owned affiliates BISSETT voices were heard. We convened our KTLA-TV and KABC-TV in Los Ange- own hearings in Pikeville, where coal Mr. McCONNELL. Mr. President, I les, before moving to what became her miners and Kentuckians with jobs reli- wish to pay tribute to a man who has home away from home, Chicago, IL. In ant on the coal industry spoke about 1979, Linda joined Chicago’s WMAQ-TV. been a great advocate for the people of how EPA’s proposed regulations would Kentucky and a man I am proud to call Five years later, she joined ABC 7’s 4 impact them. We also took our case di- p.m. newscast. And for the next 32 a friend. Mr. William ‘‘Bill’’ Bissett, rectly to the EPA in Washington, DC, years, it was the No. 1 newscast. How is who served for more than 6 years as the when it conducted one of its listening that for a winning streak? president of the Kentucky Coal Asso- sessions on the so-called Clean Power Among her accolades, Linda Yu ciation, KCA, helped lead the effort in Plan, which threatens to cut more coal earned five Chicago Emmy Awards. Her Kentucky to spread awareness regard- jobs in Kentucky and increase elec- first came in 1981, for a special news- ing the devastation the coal industry tricity prices in the State by double cast on the assassination attempt on has seen over the past several years— digits. President Reagan. One year later, devastation wrought in many cases by These are just a few highlights of Linda received her second Emmy for wrongheaded government regulations Bill’s tenure with KCA. Before coming her report and coverage of a construc- and daunting challenges within the en- to KCA, Bill worked as chief of staff/ tion accident in Chicago’s downtown ergy market. senior vice president for communica- loop. In 2005, Linda was honored by the Unfortunately for Kentucky, Bill re- tions at Marshall University, his alma Chicago chapter of the National Acad- cently left his position with the KCA, mater. Prior to that he served as vice emy of Television Arts and Sciences and starting November 1, he moved on president of public relations for with the prestigious Silver Circle, hon- to take his talents to the Huntington Charles Ryan Associate, CRA, an inte- oring her for 25 years of outstanding Regional Chamber of Commerce as its grated marketing firm. During his time contributions to Chicago broadcasting. new president and CEO. Bill’s depar- at CRA, he was instrumental in the es- Linda also received the National Gold ture is a great loss for the Common- tablishment of the Friends of Coal Medal from the National Conference of wealth, and although he will certainly campaign. Bill and his wife, Lara, are Community and Justice for her docu- be missed, I wish him all the best in his devoted parents to two daughters, mentary ‘‘The Scars of Belfast.’’ new position. Molly and Maggie. Linda Yu has had an amazing career As the people of Kentucky well know, From the beginning of his tenure at and is an extraordinarily accomplished the coal industry has not only sup- KCA to the very end, Bill Bissett professional. In her spare time, she vol- ported and sustained life in the Blue- worked with great energy and enthu- unteers at the Chinese American Serv- grass State for generations, it has also siasm on behalf of Kentuckians who ice League, the March of Dimes, Asian powered this Nation’s rise through the work in the coal industry. He was a Human Services and Juvenile Protec- industrial revolution and through great advocate for coal miners. Ken- tive Association. She also cofounded times of war to become the greatest tucky’s loss is truly Huntington’s gain, the Chicago Chapter of the Asian country in the world. and I wish Bill well in his future en- American Journalists Association. But Coal is forever intertwined with the deavors with the regional chamber of her proudest accomplishment is her history of Kentucky and the Nation, commerce and beyond. On behalf of the family. The mother of a daughter, but recently, coal has been under at- thousands of Kentuckians touched by Francesca, and a son, Bryan, Linda tack. For the last 8 years, the current Bill’s work, I want to thank him for his now plans on spending more time with administration has waged a war on service to the Bluegrass State and his them and writing her next book. Her coal and a war on coal jobs. They advocacy to preserve our history and first book, a memoir, ‘‘Living and would have us believe it is immoral to heritage. He is always welcome back in Working in America, 15 lessons,’’ pub- use coal, and they have pursued regula- Kentucky, where he has many friends. lished in Chinese, is a guide to help

VerDate Sep 11 2014 05:14 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.052 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6455 young Chinese woman in the global (iii) Description and Quantity or Quan- (vii) Sensitivity of Technology Contained workplace. Her next book will focus on tities of Articles or Services under Consider- in the Defense Article or Defense Services stories of prominent Asian woman en- ation for Purchase: Proposed to be Sold: See Attached Annex. trepreneurs and political and cultural Major Defense Equipment (MDE): (viii) Date Report Delivered to Congress: Seventy-two (72) F–15QA Aircraft. Nov 17, 2016. leaders in America. One hundred and forty-four (144) F–110–GE– * As defined in Section 47(6) of the Arms When Linda broke the news to her 129 Aircraft Engines. Export Control Act. colleagues that she was ‘‘moving on’’ Eighty (80)Advanced Display Core Proc- POLICY JUSTIFICATION essor II (ADCP II). from ABC 7, she made sure not to use Government of Qatar—F–150A Aircraft with Eighty (80) Digital Electronic Warfare the word ‘‘retire’’ because she couldn’t Weapons and Related Support imagine retirement. So let me be clear, Suites (DEWS). Eighty (80) M61A ‘‘Vulcan’’ Gun Systems. The Government of Qatar requested to pur- this is not the final chapter for Linda Eighty (80) Link–16 Systems. chase seventy-two (72) F–15QA multi-role Yu. She will continue to write and be a One hundred and sixty (160) Joint Helmet fighter aircraft and associated weapons role model for her community and Mounted Cueing Systems (JHMCS). package; the provision for continental countless young women around the Three hundred and twelve (312) LAU–128 United States based Lead-in-Fighter-Train- world. Missile Launchers. ing for the F–15QA; associated ground sup- I want to congratulate Linda Yu on Eighty (80) AN/APG–82(V)1 Active Elec- port;, training materials; mission critical re- her distinguished career and thank her tronically Scanned Array (AESA) Radars. sources and maintenance support equipment; the procurement for various weapon support for giving so much to the people of Chi- One hundred and sixty (160) Embedded GPS/Inertial Navigation Systems (INS) and test equipment spares; technical publi- cago. She will truly be missed. I wish (EGI). cations; personnel training; simulators and Linda and her family all the best. Eighty (80) AN/AAQ–13 LANTIRN Naviga- other training equipment; U.S. Government f tion Pods w/Containers. and contractor engineering; technical and lo- Eighty (80) AN/AAQ–33 SNIPER Advanced gistics support services; and other related ARMS SALES NOTIFICATION Targeting Pods w/containers (MDE Deter- elements of logistical and program support. mination Pending). The estimated total program value is $21.1 Mr. CORKER. Mr. President, section Eighty (80) AN/AAS–42 Infrared Search and billion. 36(b) of the Arms Export Control Act Track Systems (IRST) (MDE Determination This proposed sale enhances the foreign requires that Congress receive prior no- Pending). policy and national security of the United tification of certain proposed arms Two hundred (200) AIM–9X Sidewinder Mis- State by helping to improve the security of sales as defined by that statute. Upon siles. a friendly country and strengthening our such notification, the Congress has 30 Seventy (70) AIM–9X Captive Air Training strategically important relationship. Qatar calendar days during which the sale Missiles (CATM). is an important force for political stability Eight (8) AIM–9X Special Training Mis- may be reviewed. The provision stipu- and economic progress in the Persian Gulf siles. region. Our mutual defense interests anchor lates that, in the Senate, the notifica- Twenty (20) CATM AIM–9X Missile Guid- our relationship and the Qatar Emiri Air tion of proposed sales shall be sent to ance Units. Force (QEAF) plays a predominant role in the chairman of the Senate Foreign Twenty (20) AIM–9X Tactical Guidance Qatar’s defense. Relations Committee. Kits. The proposed sale improves Qatar’s capa- In keeping with the committee’s in- Two hundred and fifty (250) AIM–120C7 Ad- bility to meet current and future enemy air- tention to see that relevant informa- vanced Medium Range Air-to-Air Missiles to-air and air-to-ground threats. Qatar will tion is available to the full Senate, I (AMRAAM). use the capability as a deterrent to regional Five (5) AIM–120C7 Spare Guidance Kits. threats and to strengthen its homeland de- ask unanimous consent to have printed One hundred (100) AGM–88 High Speed fense. Qatar will have no difficulty absorbing in the RECORD the notifications which Anti-Radiation Missiles (HARM). these aircraft into its armed forces. have been received. If the cover letter Forty (40) AGM–88 HARM CATMs. The proposed sale of this aircraft, equip- references a classified annex, then such Two hundred (200) AGM–154 Joint Standoff ment, training, and support services will not annex is available to all Senators in Weapons (JSOW). alter the basic military balance in the re- the office of the Foreign Relations Eighty (80) AGM–84L–1 Standoff Strike gion. Committee, room SD–423. Anti-Ship Missiles (Harpoon). The prime contractor will be Boeing Cor- Ten (10) Harpoon Exercise Missiles. There being no objection, the mate- poration of Chicago, IL. The Purchaser typi- Two hundred (200) AGM–65H/K (Maverick) cally requests offsets. Any offset agreement rial was ordered to be printed in the Missiles. will be defined in negotiations between the RECORD, as follows: Five hundred (500) GBU–38 Joint Direct At- purchaser and the contractor. Additional DEFENSE SECURITY tack Munitions (JDAM) Guidance Kits. contractors include: COOPERATION AGENCY, Five hundred (500) GBU–31 (VI) JDAM Astronautics Corporation of America, Ar- Arlington, VA. Guidance Kits. lington VA. Hon. BOB CORKER, Two hundred and fifty (250) GBU–54 Laser BAE Systems, Arlington, VA. Chairman, Committee on Foreign Relations, JDAM Guidance Kits. Elbit Systems of America, Fort Worth, TX. U.S. Senate, Washington, DC. Two hundred and fifty (250) GBU–56 Laser General Electric Aviation of Cincinnati, DEAR MR. CHAIRMAN: Pursuant to the re- JDAM Guidance Kits. OH. porting requirements of Section 36(b)(1) of Five hundred (500) BLU–111B Bombs. Honeywell Aerospace, Phoenix, AZ. the Arms Export Control Act, as amended, Five hundred (500) BLU–117B Bombs. Lockheed Martin Aeronautics Company, we are forwarding herewith Transmittal No. Six (6) MK–82 Inert Bombs. Fort Worth, TX. 16–58, concerning the Department of the Air One thousand (1,000) FMU–152 Joint Pro- L3 Communications, Arlington, TX. Force’s and Navy’s proposed Letter(s) of grammable Fuses. NA VCOM, Torrance, CA Raytheon, Wal- Offer and Acceptance to the Government of Non-MDE include: tham, MA. Qatar for defense articles and services esti- ACMI (P5) Training Pods, Reece Pods (DB– Rockwell Collins, Cedar Rapids, IA. mated to cost $21.1 billion. After this letter 110), Conformal Fuel Tanks (CFTs), Identi- Teledyne Electronic Safety Products, is delivered to your office, we plan to issue a fication Friend/Foe (1FF) system, AN/AVS–9 Thousand Oaks, CA. news release to notify the public of this pro- Night Vision Goggles (NVG), ARC–210 UHF/ UTC Aerospace Systems, Charlotte, NC. posed sale. UVF radios, LAU–118(v)1/A, LAU–117–AV2A, Implementation of this sale requires the Sincerely, associated ground support, training mate- assignment of approximately 24 additional J.W. RIXEY, rials, mission critical resources and mainte- U.S. Government and approximately 150 con- Vice Admiral, USN, Director. nance support equipment, the procurement tractor representatives to Qatar. Enclosures. for various weapon support and test equip- There is no adverse impact on U.S. defense ment spares, technical publications, per- readiness as a result of this proposed sale. TRANSMITTAL NO. 16–58 sonnel training, simulators, and other train- TRANSMITTAL NO. 16–58 Notice of Proposed Issuance of Letter of ing equipment, U.S. Government and con- Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the tractor engineering, technical and logistics Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended support services; and other related elements Arms Export Control Act (i) Prospective Purchaser: Government of of logistical and program support. Qatar. (iv) Military Department: Air Force (X7–D– Annex Item No. vii (ii) Total Estimated Value: SAC and X7–D–YAB) and Navy (QA–P–AAB). (vii) Sensitivity of Technology: Major Defense Equipment* $11.5 billion. (v) Prior Related Cases, if any: None. 1. This sale involves the release of sen- Other $ 9.6 billion. (vi) Sales Commission, Fee. etc.. Paid, Of- sitive technology to Qatar. The F–15QA Total $21.1 billion. fered, or Agreed to be Paid: None. weapons system is classified up to SECRET.

VerDate Sep 11 2014 06:45 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.056 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6456 CONGRESSIONAL RECORD — SENATE November 17, 2016 The F–15QA aircraft uses the F–15E airframe 9. The AN/AAS–42 1RST system is a long- frared target acquisition system that fea- and features advanced avionics and other wave, high resolution, passive, infrared sen- tures digital technology and micro-minia- technologically sensitive systems. The F– sor system that searches and detects heat ture solid-state electronics. The AIM–9X tac- 15QA contains the General Electric F–110– sources within its field of regard. The AN/ tical and captive air training missile (CATM) GE–129; an AN/APG–82(V)l Active Electroni- AAS–42 is classified CONFIDENTIAL, com- guidance units are subsets of the overall mis- cally Scanned Array (AESA) radar; internal ponents and subsystems range from UN- sile. The AIM–9X is overall classified CON- and external electronic warfare and self-pro- CLASSIFIED to CONFIDENTIAL, and tech- FIDENTIAL; major components and sub- tection equipment; identification, friend or nical data and other documentation are clas- systems range from UNCLASSIFIED to CON- foe (IFF) system; operational flight program; sified up to SECRET. FIDENTIAL. However, technical data and and software computer programs. 10. A combined transponder interrogator other documentation are classified up to SE- 2. Sensitive and classified (up to SECRET) system is UNCLASSIFIED unless Mode IV or CRET. elements of the proposed F–15QA include V operational evaluator parameters, which 20. The AIM–9X is launched from the air- hardware, accessories, components, and asso- are SECRET, are loaded into the equipment. craft using a LAU–128 guided missile launch- ciated software: AESA radar, Digital Elec- 11. An advanced Link-I6 command, control, er. The LAU–128 provides mechanical and tronic Warfare Suite (DEWS), Missile Warn- communications, and intelligence (C3I) sys- electrical interface between missile and air- ing System (MWS), Non-Cooperative Threat tem incorporating high-capacity, jam-resist- craft. The LAU–128 system is UNCLASSI- Recognition (NCTR), Advanced Display Core ant, digital communication links is used for FIED. Processor (ADCP) II, the AN/AAQ–33 SNIPER exchange of near real-time tactical informa- 21. AIM–120C7 Advanced Medium Range targeting system, Joint Helmet Mounted tion, including both data and voice, among Air-to-Air Missile (AMRAAM) is a guided Cueing System (JHMCS), Infrared Search air, ground, and sea elements. The terminal missile featuring digital technology and and Track system (IRST), APX–114/119 1FF, hardware, publications, performance speci- micro-miniature solid-state electronics. Link–16 Datalink Terminals, ARC–210 UHF/ fications, operational capability, param- AMRAAM capabilities include look-down/ VHF, DB–110, EGI, AN/AVS–9 Night Vision eters, vulnerabilities to countermeasures, shoot-down, multiple launches against mul- Goggles (NVG), and associated air-to-air and and software documentation are classified tiple targets, resistance to electronic coun- air-to-ground weapons. Additional sensitive CONFIDENTIAL. The classified information termeasures, and interception of high- and areas include operating manuals and mainte- to be provided consists of that which is nec- low-flying and maneuvering targets. The nance technical orders containing perform- essary for the operation, maintenance, and AMRAAM is classified CONFIDENTIAL; ance information, operating and test proce- repair (through intermediate level) of the major components and subsystems range dures, and other information related to sup- data link terminal, installed systems, and from UNCLASSIFIED to CONFIDENTIAL. port operations and repair. The hardware, related software. However, technical data and other docu- 12. JHMCS is a modified HGU–55/P helmet software, and data identified are classified to mentation are classified up to SECRET. that incorporates a visor-projected Heads- protect vulnerabilities, design and perform- 22. The AIM–120C7 is launched from the air- Up Display to cue weapons and aircraft sen- ance parameters and other similar critical craft using a LAU–128 guided missile launch- sors to air and ground targets. This system information. er. The LAU–128 provides the mechanical and 3. The AN/APG–82(V) 1 is an AESA radar projects visual targeting and aircraft per- electrical interface between missile and air- formance information on the back of the hel- upgrade for the F–15. It includes higher proc- craft. The LAU–128 system is UNCLASSI- met’s visor, enabling the pilot to monitor essor power, higher transmission power, FIED. this information without interrupting his more sensitive receiver electronics, and syn- 23. Joint Direct Attack Munition (JDAM) field of view through the cockpit canopy. thetic aperture radar, which creates higher- is an air-to-ground weapon with a guidance This provides improvement for close combat resolution ground maps from a greater dis- tail kit that converts unguided free-fall targeting and engagement. Hardware is UN- tance than existing mechanically scanned bombs into accurate, adverse weather CLASSIFIED. ‘‘smart’’ munitions. With the addition of a array radars. The upgrade features an in- 13. The AN/AVS–9 NVG is a 3rd generation laser guidance nose kit, the JDAM provides crease in detection range of air targets, in- aviation NVG offering higher resolution, a capability to engage moving targets. The creases in processing speed and memory, as high gain, and photo response to near infra- well as significant improvements in all red. Hardware is UNCLASSIFIED, and tech- GPS-only guided JDAMs are GBU–38/31 (500 modes. The highest classification of the nical data and documentation to be provided and 2000lbs respectively) and the Laser/OPS radar is SECRET. are UNCLASSIFIED. guided JDAMs are GBU-54/56 for the 500 and 4. DEWS provides passive radar warning, 14. The ARC–210 UHF/VHF secure radios 2000lbs variants. The JDAM in UNCLASSI- wide spectrum radio frequency jamming, and with HAVE QUICK II is a voice communica- FIED; technical data for JDAM is classified control and management of the entire elections radio system that can operate in either up to SECRET. Overall system classification tronic warfare (EW) system. It is an inter- normal, secure, or jam-resistant modes. It is SECRET. nally mounted suite. The commercially de- can employ cryptographic technology that is 24. JDAMs use the Global Positioning Sys- veloped system software and hardware is UN- classified SECRET. Classified elements in- tem (GPS) Precise Positioning System CLASSIFIED. The system is classified SE- clude operating characteristics, parameters, (PPS), which provides for a more accurate CRET when loaded with a U.S. derived EW technical data, and keying material. capability than the commercial version of database. 15. The DB–110 is a tactical airborne recon- GPS. Countries approved for GPS PPS will 5. The AAR–57(v)2 uses electro-optical sen- naissance system. This capability permits be provided Group Unique Variable (GUV) sors to warn the aircrew of threatening mis- reconnaissance missions to be conducted keys or unique country keys. sile launch and approach which is integrated from very short range to long range by day 25. The AGM–154 is a family of low-cost within DEWS. This system detects and per- or night. It is an under-the-weather, podded standoff weapons that are modular in design forms data hand-off so countermeasures can system that produces high resolution, dual- and incorporate either a sub-munition or a be automatically dispensed. The system, band electro-optical and infrared imagery. unitary warhead. Potential targets for Joint hardware components and software, are clas- The DB–110 system is UNCLASSIFIED. Standoff Weapon (JSOW) range from soft sified up to SECRET. 16. Embedded GPS INS (EGI) is a naviga- targets, such as troop concentration, to 6. The ADCP II is the F–15 aircraft central tion platform that combines an inertial sen- hardened point targets like bunkers. AGM– computer. It serves as the hub for all aircraft sor assembly with a fixed reception pattern 154C is used by the US Navy, Marine Corps, subsystems and avionics data transfer. The antenna (FRPA) GPS receiver and a common and Air Force, and allows aircraft to attack hardware and software are classified SE- Kalman filter. The EGI system is the pri- well-defended targets in day, night, and ad- CRET. mary source for position information. The verse weather conditions. AGM–154C is a pen- 7. The SNIPER (AN/AAQ–33) targeting sys- EGI is UNCLASSIFIED. The GPS crypto etrator weapon that carries a BROACH war- tem is UNCLASSIFIED and contains tech- variable keys needed for highest GPS accu- head and pay load. nology representing the latest state-of-the- racy are classified up to SECRET. 26. AGM–154 uses the Global Positioning art in electro-optical clarity and haze and 17. Software, hardware, and other data and System (GPS) Precise Positioning System low light targeting capability. Information information, which is classified or sensitive, (PPS), which provides for a more accurate on performance and inherent vulnerabilities is reviewed prior to release to protect system capability than the commercial version of is classified SECRET. Software (object code) vulnerabilities, design data, and performance CPS. is classified CONFIDENTIAL. Overall system parameters. Some end-item hardware, soft- 27. The AGM–84L–1 Harpoon is a non-nu- classification is SECRET. ware, and other data identified above are clear tactical weapon system currently in 8. The LANTIRN (AN/AAQ–13) is a naviga- classified at the CONFIDENTIAL and SE- service in the U.S. Navy and in 28 other for- tion pod and provides high-speed penetration CRET level. Potential compromise of these eign nations. It provides a day, night, and and precision attack assistance in all flying systems is controlled through management adverse weather, standoff air-to-surface ca- conditions. The pod uses a terrain-following of the basic software programs of highly sen- pability. Harpoon Block II is an effective radar and a fixed infrared sensor to display sitive systems and software-controlled weap- Anti-Surface Warfare missile. an image of the terrain in front of the air- on systems on a case-by-case basis. 28. AGM–84L–1 uses the Global Positioning craft on a heads-up display. System compo- 18. The following munitions are part of the System (GPS) Precise Positioning System nents, countermeasures and vulnerabilities F–15QA configuration: (PPS), which provides for a more accurate are classified up to SECRET. Overall system 19. AIM–9X Sidewinder missile is an air-to- capability than the commercial version of classification is SECRET. air guided missile that employs a passive in- GPS. The following Harpoon components

VerDate Sep 11 2014 06:45 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.060 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6457 being conveyed by the proposed sale that are the U.S. foreign policy and national security systems and associated logistics, training considered sensitive and are classified CON- objectives, as outlined in the Policy Jus- aides and devices, spares, technical data En- FIDENTIAL include: IIR seeker, INS, OPP tification, outweigh the potential damage gineering Change Proposals, avionics soft- software and, missile operational character- that could result if the sensitive technology ware support, software, technical publica- istics and performance data. The overall sys- were revealed to unauthorized persons. tions, engineering and program support, U.S. tem classification is SECRET. 36. All defense articles and services listed Government and contractor engineering, 29. The AGM–65H/K Maverick is an air-to- in this transmittal are authorized for release technical and logistic support services. ground close air support missile with a lock and export to the Government of Qatar. (iv) Military Department: Navy (KU–P– on before launch day or night capability. The SBG). H model uses an optical device guidance sys- DEFENSE SECURITY (v) Prior Related Cases. if any: None. tem that has the capability to penetrate COOPERATION AGENCY, (vi) Sales Commission, Fee, etc. Paid, Of- haze and provides high contrast and longer Arlington, VA. fered, or Agreed to be Paid: None. range target identification. The K model Hon. BOB CORKER, (vii) Sensitivity of Technology Contained uses the same guidance with a heavyweight Chairman, Committee on Foreign Relations, in the Defense Article or Defense Services penetrator warhead. Maverick hardware is U.S. Senate, Washington, DC. Proposed to be Sold: See Annex Attached. UNCLASSIFIED. The SECRET aspects of the DEAR MR. CHAIRMAN: Pursuant to the re- (viii) Date Report Delivered to Congress: Maverick system are tactics, information reporting requirements of Section 36(b)(1) of November 17, 2016. vealing its vulnerability to counter- the Arms Export Control Act, as amended, * As defined in Section 47(6) of the Arms measures, and counter-countermeasures. we are forwarding herewith Transmittal No. Export Control Act. Manuals and technical documents that are 16–21, concerning the Department of the POLICY JUSTIFICATION necessary for operational use and organiza- Navy’s proposed Letter(s) of Offer and Ac- The Government of Kuwait—F/A–18E/F tional maintenance are classified CON- ceptance to the Government of Kuwait for Super Hornet Aircraft with Support FIDENTIAL. Performance and counter- defense articles and services estimated to The Government of Kuwait has requested measure design are SECRET. Overall system cost $10.1 billion. After this letter is deliv- to purchase thirty-two (32) F/A–18E aircraft, classification is SECRET. ered to your office, we plan to issue a news 30. The AGM–65 is launched from the air- with F414–GE–400 engines; eight (8) F/A–18F release to notify the public of this proposed aircraft, with F414–GE–400 engines; eight (8) craft using a LAU–117 guided missile launch- sale. er. The LAU–117 provides the mechanical and spare F414–GE–400 engines and twenty-four Sincerely, (24) engine modules; forty-one (41) AN/APG– electrical interface between missile and air- J.W. RIXEY, craft. The LAU–117 system is UNCLASSI- 79 Active Electronically Scanned Array Vice Admiral, USN, Director. (AESA) Radars; forty-four (44) M61 A2 20mm FIED. Enclosures. 31. The AGM–88 High Speed Anti-Radiation Gun Systems; forty-five (45) AN/ALR–67(V)3 TRANSMITTAL NO. 16–21 Missiles (HARM) weapon system is an air-to- Radar Warning Receivers; two hundred and ground missile intended to suppress or de- Notice of Proposed Issuance of Letter of forty (240) LAU–127E/A Guided Missile stroy land or sea-based radar emitters asso- Offer Pursuant to Section 36(b)(1) of the Launchers; forty-five (45) AN/ALE–47 Air- ciated with enemy air defenses and provides Arms Export Control Act, as amended borne Countermeasures Dispenser Systems; tactical air forces with a kinetic counter- (i) Prospective Purchaser: Government of twelve (12) AN/AAQ–33 SNIPER Advanced measure to enemy radar-directed, surface-to- Kuwait Targeting Pods; forty-eight (48) Joint Hel- air missiles, and air defense artillery weap- (ii) Total Estimated Value: met Mounted Cueing Systems (JHMCS); ons systems. Destruction or suppression of Major Defense Equipment* $ 6.3 billion. forty-five (45) AN/ALQ–214 Radio Frequency enemy radars denies the enemy the use of air Other $ 3.8 billion. Counter-Measures Systems; forty-five (45) defense systems and therefore improving the TOTAL $10.1 billion. AN/ALE–55 Towed Decoys; forty-eight (48) survivability of our tactical aircraft. Gen- (iii) Description and Quantity or Quan- Link–16 Systems; eight (8) Conformal Fuel eral capabilities, performance characteris- tities of Articles or Services under Consider- Tanks; and fourteen (14) AN/ASQ–228 All-LIR tics and support requirements are classified ation for Purchase: Systems. Also included in the sale are ARC– up to CONFIDENTIAL. The overall system Major Defense Equipment (MDE): 210 radio (aircraft); Identification Friend or classification is SECRET. Thirty-two (32) F/A–18E aircraft, with Foe (1FF) systems; AN/AVS–9 Night Vision 32. The AGM–88 is launched from the air- F414–GE–400 engines. Goggles (NVG); Launchers (LAU–115D/A, craft using a LAU–118 guided missile launch- Eight (8) F/A–18F aircraft, with F414–GE– LAU–116B/A, LAU–1 18A); Command Launch er. The LAU–118v I/A provides the mechan- 400 engines. Computer (CLC) for Air to Ground Missile 88 ical and electrical interface between missile Eight (8) spare F414–GE–400 engines and (AGM–88); ANAV/MAGR GPS Navigation; and aircraft. The LAU–118 system is UN- Twenty-four (24) engine modules. Joint Mission Planning System (JMPS); air- CLASSIFIED. Forty-one (41) AN/APG–79 Active Elec- craft spares; Aircraft Armament Equipment 33. M61A1 20mm Vulcan Cannon: The 20mm tronically Scanned Array (AESA) Radars. (AAE); support equipment; aircrew/mainte- Vulcan cannon is a six barreled automatic Forty-four (44) M61A2 20mm Gun Systems. nance training; contractor engineering tech- cannon chambered with 20x120mm ammuni- Forty-five (45) AN/ALR–67(V)3 Radar Warn- nical service; logistics technical services; en- tion with a cyclic rate of fire from 2,500–6,000 ing Receivers. gineering technical services; other technical shots per minute. This weapon is a hydrau- Two hundred and forty (240) LAU–127E/A assistance; contractor logistics support; lically powered air-cooled gatlin gun used to Guided Missile Launchers. flight test services; storage and preservation; damage/destroy aerial targets, suppress/inca- Forty-five (45) AN/ALE–47 Airborne Coun- aircraft ferry; Repair of Repairable (RoR); pacitate personnel targets and damage or de- termeasures Dispenser Systems. support systems and associated logistics; stroy moving and stationary light materiel Twelve (12) AN/AAQ–33 SNIPER Advanced training aides and devices; spares; technical targets. The M61A1 and its components are Targeting Pods. data Engineering Change Proposals; avionics UNCLASSIFIED. Forty-eight (48) Joint Helmet Mounted software support; software; technical publi- 34. Qatar is both willing and able to pro- Cueing Systems (JHMCS). cations; engineering and program support; tect United States classified military infor- Forty-five (45) AN/ALQ–214 Radio Fre- U.S. Government and contractor engineer- mation. Qatari physical and document secu- quency Counter-Measures Systems. ing; technical and logistic support services. rity standards are equivalent to U.S. stand- Forty-five (45) AN/ALE–55 Towed Decoys. The estimated total program cost is $10.1 bil- ards. Qatar demonstrated its willingness and Forty-eight (48) Link-16 Systems. lion. capability to protect sensitive military tech- Eight (8) Conformal Fuel Tanks. This proposed sale will contribute to the nology and information released to its mili- Fourteen (14) AN/ASQ–228 AT/FLIR Sys- foreign policy and national security of the tary in the past. Qatar is firmly committed tems. United States by helping to improve the se- to its relationship with the United States Non-MDE includes: ARC–210 radio (air- curity of a Major Non-NATO Ally that has and to its promise to protect classified infor- craft), Identification Friend or Foe (IFF) been, and continues to be, an important mation and prevent its transfer to a third systems, AN/AVS–9 Night Vision Goggles force for political and economic progress in party. This sale is needed in furtherance of (NVG), Launchers (LAU–115D/A, LAU–116B/A, the Middle East. Kuwait is a strategic part- USG foreign policy and national security in- LAU–1/18A), Command Launch Computer ner in maintaining stability in the region. terests by helping to improve the security of (CLC) for Air to Ground Missile 88 (AGM–88), The acquisition of the F/A–18E/F Super Hor- a vital partner in the CENTCOM AOR. ANAV/MAGR GPS Navigation, Joint Mission net aircraft will allow for greater interoper- 35. If a technologically advanced adversary Planning System (JMPS), aircraft spares, ability with U.S. forces, providing benefits were to obtain knowledge of the specific Aircraft Armament Equipment (AAE), sup- for training and possible future coalition op- hardware or software source code in this pro- port equipment, aircrew/maintenance train- erations in support of shared regional secu- posed sale, the information could be used to ing, contractor engineering technical serv- rity objectives. develop countermeasures which might re- ice, logistics technical services, engineering The proposed sale of the F/A- 18E/F Super duce weapon system effectiveness or be used technical services, other technical assist- Hornet aircraft will improve Kuwait’s capa- in the development of systems with similar ance, contractor logistics support, flight test bility to meet current and future warfare or advance capabilities. The benefits to be services, storage and preservation, aircraft threats. Kuwait will use the enhanced capa- derived from this sale in the furtherance of ferry, Repair of Repairable (RoR), support bility to strengthen its homeland defense.

VerDate Sep 11 2014 06:45 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.061 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6458 CONGRESSIONAL RECORD — SENATE November 17, 2016 The F/A–18E/F Super Hornet aircraft will system that dispenses chaff, flares, and ex- support preflight orientation and control cir- supplement and eventually replace the Ku- pendable jammers for self-protection against cuits to prepare and launch the missile. The wait Air Force’s aging fighter aircraft. Ku- airborne and ground-based Radio Frequency LAU–127E/A is UNCLASSIFIED. wait will have no difficulty absorbing this and Infrared threats. The AN/ALE–47 Pro- 14. ANAV Global Positioning System aircraft into its armed forces. grammer is classified CONFIDENTIAL. The (GPS) is a 24–channel Selective Availability The proposed sale of this equipment and OPP and Mission Data Files used in the AN/ Anti-Spoofing Module (SAASM) based pulse- support will not alter the basic military bal- ALE–47 are classified SECRET. Those soft- per-second GPS receiver built for next gen- ance in the region. ware programs contain algorithms used to eration GPS technology. The prime contractors will be The Boeing calculate the best defense against specific 15. Command Launch Computer (CLC) is an Company, St. Louis, Missouri; Northrop threats. electronics subsystem installed on the air- Grumman in Los Angeles, California; 5. The AN/ALQ–214 is an advanced airframe to interface with the AGM–88 NBIC Raytheon Company in El Segundo, Cali- borne Integrated Defensive Electronic Coun- HARM Missile. The CLC and associated soft- fornia; and General Electric in Lynn, Massa- termeasures (IDECM) programmable mod- ware package are compatible with all AGM– chusetts. Offsets agreements associated with ular automated system capable of inter- 88 A/B/C missiles. The CLC receives target this proposed sale are expected; however, cepting, identifying, processing received data from the missile and onboard avionics, specific agreements are undetermined and radar signals (pulsed and continuous) and ap- processes the data for display to the Screw will be defined during negotiations between plying an optimum countermeasures tech- to the appropriate display, determines target the purchaser and contractor. Kuwait re- nique in the direction of the radar signal, priority, and collects aircraft data for pre- quires contractors to satisfy an offset obliga- thereby improving individual aircraft prob- launch hand- off to the AGM–88 HARM mis- tion equal to 35 percent of the main contract ability of survival from a variety of surface- sile. purchase price for any sale of defense arti- to-air and air-to-air RF threats. The ALQ–214 16. The AN/ASQ–228 Advanced Targeting cles in excess of three million Kuwait Dinar, was designed to operate in a high-density Forward-Looking Infrared (ATFLIR) is a (approximately $10 million USD). Electromagnetic Hostile Environment with multi-sensor, electro-optical targeting pod Implementation of this proposed sale will the ability to identify and counter a wide va- incorporating thermographic camera, low- require the assignment of contractor rep- riety of multiple threats, including those light television camera, target laser range- resentatives to Kuwait on an intermittent with Doppler characteristics. Hardware with- finder/laser designator, and laser spot track- basis over the life of the case to support de- in the AN/ALQ–214 is classified CONFIDEN- er developed and manufactured by Raytheon. livery of the F/A–18E/F Super Hornet aircraft TIAL. It is used to provide navigation and tar- and provide support and equipment famil- 6. The Identification Friend or Foe (IFF) geting for military aircraft in adverse weath- iarization. Combined Interrogator/Transponder (CIT) er and using precision-guided munitions such There will be no adverse impact on U.S. de- with the Conformal Antenna System (CAS) as laser-guided bombs. fense readiness as a result of this proposed is classified SECRET. The CDT is a complete 17. A determination has been made that sale. MARK–XIIA identification system compat- the Government of Kuwait, can provide sub- TRANSMITTAL NO. 16–21 ible with (IFF) Modes 1, 2, 3/A, C4 and 5 (se- stantially the same degree of protection for Notice of Proposed Issuance of Letter of cure). the classified and sensitive technology being Offer Pursuant to Section 36(b)(1) of the 7. The Joint Helmet Mounted Cueing Sys- released as the U.S. Government. Arms Export Control Act tem (JHMCS) is a modified HGU–55/P helmet 18. This sale is necessary in furtherance of that incorporates a visor-projected Heads-Up Annex Item No. vii the U.S. foreign policy and national security Display (HUD) to cue weapons and aircraft objectives outlined in the Policy Justifica- (vii) Sensitivity of Technology: sensors to air and ground targets. In close tion. 1. The F/A–18E/F Super Hornet is a single combat, a pilot must currently align the air- and two-seat, twin-engine, multi-mission 19. All defense articles and services listed craft to shoot at a target. JHMCS allows the in this transmittal have been authorized for fighter/attack aircraft that can operate from pilot to simply look at a target to shoot either aircraft carriers or land bases. The F/ release and export to the Government of Ku- Hardware is UNCLASSIFIED; technical data wait. A–18 fills a variety of roles: air superiority, and documents are classified up to SECRET. fighter escort, suppression of enemy air de- 8. The AN/AAQ–33 SNIPER Pod is a multi- f fenses, reconnaissance, forward air control, sensor, electro-optical targeting pod incor- close and deep air support, and day and night porating infrared, low-light television cam- NOMINATION OBJECTION strike missions. The F/A–18E/F Weapons Sys- era, laser range-finder/target designator, and tem is classified SECRET. Mr. WYDEN. Mr. President, today I laser spot tracker. It is used to provide navi- wish to express my frustration with the 2. The AN/APO–79 Active Electronically gation and targeting for military aircraft in Scanned Array (AESA) Radar System is clas- adverse weather and using precision-guided inaction of the Federal Communication sified SECRET. The radar provides the F/A– weapons such as laser-guided bombs. It offers Commission due to political reasons. 18 aircraft with all-weather, multi-mission much greater target resolution and imagery The FCC’s Chairman, Tom Wheeler, capability for performing air-to-air and air- accuracy than previous systems. The AN/ was forced to cancel a vote during their to-ground targeting and attack. Air-to-air AAQ–33 is UNCLASSIFIED. open meeting due to the inaction of modes provide the capability for all-aspect 9. The Joint Mission Planning System one acting commissioner. That vote target detection, long-range search and (IMPS) is SECRET. JMPS will provide mis- would have implemented a program to track, automatic target acquisition, and sion planning capability for support of mili- tracking of multiple targets. Air-to-surface tary aviation operations. The JMPS will be help rural Americans receive wireless attack modes provide high-resolution ground tailored to the specific releasable configura- broadband internet. I see no reason for mapping navigation, weapon delivery, and tion for the F/A–18 Super Hornet. the Commission to delay a vote, on a sensor cueing. The system component hard- 10. The AN/AVS–9 NVG is a 3rd generation noncontroversial policy that would in- ware (Antenna, Transmitter, Radar Data aviation NVG offering higher resolution, fuse universal service funding to the Processor, and Power Supply) is UNCLASSI- high gain, and photo response to near infra- most high-cost rural communities FIED. The Receiver-Exciter hardware is red. Hardware is UNCLASSIFIED, and tech- across the country. CONFIDENTIAL. The radar Operational nical data and documentation to be provided I regularly hear from Oregonians in Flight Program (OFP) is classified SECRET. are UNCLASSIFIED. Documentation provided with the AN/APO– 11. The AN/ALE–55 towed decoy improves rural counties that it is clear high 79 radar set is classified SECRET. aircraft survivability by providing an en- costs are preventing private sector 3. The AN/ALR–67(V)3 Electric Warfare hanced, coordinated onboard/off-board coun- broadband investment in parts of rural Countermeasures Receiving Set is classified termeasure response to enemy threats. When Oregon. The FCC must fulfill its re- CONFIDENTIAL. The AN/ALR–67(V)3 pro- threat libraries are installed, the AN/ALE–55 sponsibility to provide a lifeline to vides the F/A–18F aircrew with radar threat is classified SECRET. rural communities and a connection to warnings by detecting and evaluating friend- 12. Link–16 is a secure data and voice com- ly and hostile radar frequency threat munication network. The system provides the global economy. Wireless cell serv- emitters and providing identification and enhanced situational communication aware- ice and broadband internet spur eco- status information about the emitters to on- ness, positive identification of participants nomic opportunity, improve public board Electronic Warfare (EW) equipment within the network, secure fighter-to-fighter safety, and increase educational out- and the aircrew. The OFP and User Data connectivity, and secure voice capability. It comes for rural Americans. Any delay Files (UDF) used in the AN/ALR–67(V)3 are can be classified up to CONFIDENTIAL. causes these rural communities to wait classified SECRET. Those software programs 13. The LAU–127E/A Guided Missile even longer for help. contain threat parametric data used to iden- Launchers is designed to enable F/A–18 air- For these reasons, I am putting a tify and establish priority of detected radar craft to carry and launch missiles. It pro- emitters. vides the electrical and mechanical interface hold on any confirmation vote for Jes- 4. The AN/ALE–47 Countermeasures Dis- between the missile and launch aircraft as sica Rosenworcel to be a commissioner pensing System is classified SECRET. The well as the two-way data transfer between at the Federal Communications Com- AN/ALE–47 is a threat-adaptive dispensing missile and cockpit controls and displays to mission.

VerDate Sep 11 2014 05:14 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.063 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6459 TRANSGENDER AWARENESS WEEK Sauro who died 1 day after his 40th TRIBUTE TO CHRIS AHMUTY AND TRANSGENDER DAY OF RE- birthday on October 19, 2016, of wounds Ms. BALDWIN. Mr. President, today MEMBRANCE received from encountering hostile I wish to honor Chris Ahmuty as he re- Mr. MARKEY. Mr. President, I am enemy fire near Kabul, Afghanistan. tires from the American Civil Liberties proud to be a steadfast ally of the The son of Michael and Christine Union of Wisconsin after 24 years of ad- LGBT community. This week is Sauro, Mike was born on October 18, vocacy and leadership. Since 1992, Chris Transgender Awareness Week, during 1976 in Chambersburg, PA. He grad- has dedicated his professional and per- which we seek to raise the visibility of uated from Savanna High School in Sa- sonal life to creating a stronger and transgender and gender nonconforming vanna, IL, and went on to graduate more equal Wisconsin. people and to bring awareness to the with his bachelor’s degree from Illinois Chris was born in New York City and issues this community faces, from prej- State University in Normal, IL. spent his childhood and adolescent udice and discrimination to acts of vio- years in Derby, NY. Growing up, ‘‘Whether it be sports, or his friends, lence that have claimed too many Chris’s grandfather, Frederic P. Lee, or his family, he always went at it 100 lives. played a significant role in shaping his percent,’’ recalled a fellow Savanna Eighteen years ago, Rita Hester, an future. Based in Washington, Frederic High School graduate, ‘‘He was very African-American transgender woman was an active contributor to the polit- committed to the U.S. and service was murdered in Boston, MA. Rita’s ical reform movement in Montgomery members, making sure they had what death ignited fear in the transgender County, MD, throughout the 1940s and they needed to do their job.’’ He was community. Her murder also sparked 1950s. Frederic’s commitment to public passionate about life and was always the founding of the Transgender Day of service and family values had a tre- willing to step in and help. His infec- Remembrance. On November 20, we re- mendous impact on Chris, eventually tious smile will be remembered by ev- member Rita and the all too many leading him into a career in advocacy. eryone that knew and loved Mike. Chris’s career with the ACLU did not transgender individuals who have lost begin with a full time job, but rather a their lives to hate-based violence. Mike began his Federal civilian serv- volunteer position. After moving to Sadly, the fear that the transgender ice in December of 1999 and spent his Milwaukee to attend graduate school, community feels has not subsided in career working for the Defense Ammu- Chris held a variety of jobs, including a the last 18 years. For the transgender nition Center, McAlester Army Ammu- position at the Milwaukee County His- community, and even more so for nition Plant in McAlester, OK, and at torical Society. However, following in transgender women of color, the fear of its satellite locations at Fort Riley, his grandfather’s political footsteps, he violence is still all too real. In 2015, at KS, and Schofield Barracks, HI. began to spend his free time volun- least 21 transgender individuals in the While at McAlester Army Ammuni- teering for the ACLU. Soon after, in United States were victims of fatal vio- tion Plant, he led the effort and was in- 1982, he became the executive assistant lence. This year, we have already strumental in revisions of the haz- to the ACLU Wisconsin executive di- reached that same number of ardous materials course. He worked to rector, Eunice Edgar. transgender deaths attributable to vio- deliver the most robust training course Founded in 1920, the American Civil lence, reflecting more such deaths than available at over 50 locations in and Liberties Union continues its mission in any other year in which advocates outside the continental United States. to preserve individual rights and lib- have kept records. This is both sad- Mike was the liaison between erties. Since becoming executive direc- dening and maddening. McAlester Army Ammunition Plant tor of the Wisconsin chapter in 1992, Too many of these victims’ stories go and the satellite training locations Chris has personally embodied this untold, but through the Transgender helping to ensure that the mission was mission both in his work and in the Day of Remembrance, many of these accomplished. McAlester Army Ammu- community. individuals silenced by violence get a nition Plant coworkers fondly remem- Over the course of his tenure, the small voice. This day is a reminder ber him for his ‘‘sunny disposition as Wisconsin chapter has grown from 4 that no person’s life is worth less than well as his genuine kindness.’’ full-time employees to 12, including 2 another’s because of who they are or Mission always came first for Mike. full-time staff attorneys. According to whom they love. We must continue to Regardless of the complexity of the those who work most closely with him, do all we can to stop the task, he quickly comprehended re- Chris’s leadership style is rooted in his marginalization of the transgender quirements of the task and aggres- familial values and strong belief in the community, to stop the discrimination, sively accomplished them in a profes- importance of civil liberties. He recog- and to stop the violence. sional, timely manner. He deployed nizes that change will not occur over a In 2009, President Obama signed the three times—the first time in support single day or week, but over a long pe- Matthew Shepard and James Byrd, Jr. of Operation Iraqi Freedom, the second riod of time with the help of persever- Hate Crimes Prevention Act. It was the in support of Operation Enduring Free- ance, patience, and a strong will. Chris first Federal law to provide civil rights dom, and the third to support the mis- is a staunch advocate who has fought protections for transgender people, and sion to train, advise and assist Afghan to end racial segregation in schools, it was a step in the right direction. But forces. Mike’s dedicated service and ex- uphold a woman’s right to choose, and it has not been enough to stop the on- pertise made a difference around the preserve every individual’s First going discrimination and violence world and saved lives. He is a testa- Amendment rights. Under his leader- against the transgender community. ment to the values of the Defense Am- ship, ACLU Wisconsin also fought hard We still have work to do and need as munition Center, the U.S. Army Com- to challenge the State’s voter ID laws, many voices as possible convey that bined Services Command, the U.S. which threaten to disenfranchise or message. This week in particular, but Army Training and Doctrine Com- discourage Wisconsin voters. Chris has every week as well, we must remember mand, and the U.S. Army. spent his career giving a voice to those all the transgender individuals who who might otherwise not be heard. have lost their lives to violence at Mike is survived by his parents Mi- Chris’s commitment to the people of home and abroad and continue to work chael and Christine Sauro, his brother Wisconsin goes beyond the impact he towards a more inclusive society, free and sister-in-law Ben and Sarah Sauro, has had at the ACLU. He has served on of violence and discrimination. his sister and his brother-in-law advisory committees for the Wisconsin Brienne and Lance Matthews, and their f Office of Justice Assistance and on the children, Dakota and William. Legal and Policy Committee of the HONORING MICHAEL G. SAURO Today we remember Michael G. Wisconsin Relay of Electronic Data, Mr. INHOFE. Mr. President, on be- Sauro, an American hero who gave his helping develop privacy standards for half of Senator JAMES LANKFORD and all for his country. Our Nation lost a Wisconsin healthcare. Lastly, Chris has myself, it is my honor to pay tribute to great American, son, grandson, broth- served on the board of the Milwaukee the life and sacrifice of Department of er, uncle, and friend. Mike’s service Turners for over 10 years as a way of Army civilian employee Michael G. and sacrifice will never be forgotten. honoring his German heritage and

VerDate Sep 11 2014 05:14 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.078 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6460 CONGRESSIONAL RECORD — SENATE November 17, 2016 helping mold the next generation of being named a 2016 National Blue Rib- gain recognition for educational ac- leaders. bon School by the U.S. Department of complishments in closing the achieve- For the many years I have known Education. ment gaps among students. Chris, he has been a respected leader, a Established in 1982, the National Blue Founded in 1918, Cathedral High passionate advocate, and a cherished Ribbon Schools Program has recog- School is a Holy Cross School and one friend. His patience, character, and nized schools that have demonstrated a of the oldest and largest Catholic high drive make him a wonderful ally and a vision of educational excellence for all schools in Indiana. It is one of the top- fearless protector of the rights of all students, regardless of their social or performing schools in the State. Wisconsin residents. Although he is re- economic background. Since its incep- Among the school’s strengths is its di- tiring from the ACLU, I know he will tion, this program has offered the op- versity, with students enrolled from continue to spend his days fighting for portunity for schools in every State to more than 160 grade schools, who live equality. gain recognition for educational ac- in nine central Indiana counties, and I am so pleased to join with others in complishments in closing the achieve- come from neighborhoods across Indi- expressing gratitude for his leadership ment gaps among students. anapolis. and recognizing his accomplishments. I Opened in 1997, Brown Elementary Cathedral High School provides a wish him and his partner, Bob, all the School currently serves 680 students. faith-based holistic education centered best in the next chapter of their lives Brown Elementary School prides itself on its mission to ‘‘transform a diverse together. on having a welcoming environment student body to have the competence f for students and various programs like to see and courage to act.’’ This is evi- Learning Lab, which provides students dent through the school’s rigorous aca- TRIBUTE TO STEPHEN R. struggling academically with extra demic program to ensure all students HEIMANN support in reading and math in a small are challenged to their highest ability, Mr. DONNELLY. Mr. President, group setting. and staff, students, and families work today I wish to recognize and honor the Brown Elementary School’s effec- together to teach and foster values extraordinary service of the Honorable tiveness can be found, in part, in its that develop strong character. Stephen R. Heimann, as he retires from willingness to meet the educational Indicators of Cathedral’s academic the Bartholomew County Circuit Court needs of each individual student. The success are illustrated through the suc- after 25 years of distinguished service. school began implementing the profes- cess of its students on Indiana’s grad- Born in Monroeville, in Allen Coun- sional learning communities model uation qualifying exams for math and ty, IN, he graduated from Wabash Col- during the 2011–2012 school year, which English. The school saw a 98.3 percent lege and the Indiana University School allows teachers to work on target areas passage rate on Indiana’s graduation of Law and ran a successful private law to improve students’ performance, con- qualifying exam for math and English. practice for 10 years. tributing to their academic success. Additionally, 100 percent of Cathedral Since his appointment to the bench This interactive model allows teachers graduates were accepted to institutions in 1991, Judge Heimann has embodied to share resources and ask questions to of higher learning. the most dignified ideals of our judici- ensure the curriculum is being met I am proud to recognize Cathedral ary, dutifully demanding of himself the across grade levels. High School principal David L. same high standards of conduct that he Brown Elementary School also bene- Worland, the entire staff, the student enforces and maintains for the commu- fits from the parent support group, body, and their families. The effort, nity. The legacy he leaves goes beyond which takes an active part in enhanc- dedication, and value you put into edu- the thousands of orders and decisions ing student learning and achievement. cation has led not only to this pres- he has rendered and extends to the way Through the group, approximately 15 tigious recognition, but will benefit he treats others. to 40 parent volunteers come to school you and the Indianapolis community Judge Heimann’s contributions have daily to help support the efforts by well into the future. made a difference in the local commu- teachers and assist with student learn- On behalf of the citizens of Indiana, I nity and in legal circles. His involve- ing. congratulate Cathedral High School, ment has included performing in the I am proud to recognize Brown Ele- and I wish the students and staff con- local ‘‘Dancing with the Stars’’ commentary School principal Dr. Casey tinued success in the future. petition to raise money for charity, fa- Smitherman, the entire staff, the stu- f cilitating interfaith Christian and Mus- dent body, and their families. The ef- RECOGNIZING GEIST ELEMENTARY lim dialogue, delivering a keynote fort, dedication, and value you put into SCHOOL OF FISHERS, INDIANA speech before the NAACP, providing education has led not only to this pres- marriage preparation counsel to young tigious recognition, but will benefit Mr. DONNELLY. Mr. President, couples, and numerous other leadership you and the Brownsburg community today, I wish to recognize Geist Ele- roles on the boards of nonprofit organi- well into the future. mentary School of Fishers, IN, for zations. He has also served the State’s On behalf of the citizens of Indiana, I being named a 2016 National Blue Rib- judiciary by chairing its board of law congratulate Brown Elementary bon School by the U.S. Department of examiners, judicial ethics and profes- School, and I wish the students and Education. sionalism, judicial education, and staff continued success in the future. Established in 1982, the National Blue judges and lawyers assistance program f Ribbon Schools Program has recog- boards. nized schools that have demonstrated a The Honorable Stephen R. Heimann RECOGNIZING CATHEDRAL HIGH vision of educational excellence for all has served the people of Bartholomew SCHOOL OF INDIANAPOLIS, INDI- students, regardless of their social or County and State of Indiana with great ANA economic background. Since its incep- integrity, honesty, and profes- Mr. DONNELLY. Mr. President, tion, this program has offered the op- sionalism. We are incredibly grateful today I wish to recognize Cathedral portunity for schools in every State to for his leadership and service, and we High School of Indianapolis, IN, for gain recognition for educational ac- wish him well in retirement with his being named as a 2016 National Blue complishments in closing the achieve- wife, Ann, children Andrew and Emily, Ribbon School by the U.S. Department ment gaps among students. and granddaughter Nora. of Education. Geist Elementary School, GES, f Established in 1982, the National Blue which was built in 2004, serves approxi- Ribbon Schools Program has recog- mately 780 students from kindergarten RECOGNIZING BROWN ELEMEN- nized schools that have demonstrated a through fourth grade. GES is part of TARY SCHOOL OF BROWNSBURG, vision of educational excellence for all Hamilton Southeastern School Dis- INDIANA students, regardless of their social or trict, which now has five National Blue Mr. DONNELLY. Mr. President, economic background. Since its incep- Ribbon schools. GES was recognized, in today I wish to recognize Brown Ele- tion, this program has offered the op- part, for its exceptional academic pro- mentary School of Brownsburg, IN, for portunity for schools in every State to gram, and it prides itself on providing

VerDate Sep 11 2014 05:14 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.062 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6461 students with an education that meets has specific programs designed to tai- various strategies and assessments. the interests, abilities, and needs of all lor that grade’s needs. In the primary Northpoint demonstrates an inter- students, while also empowering them grades, Lexington uses the Burst read- active method to learning and em- to reach their full potential. ing program to provide students with bodies a triangle of success approach GES has received an A grade by the foundational skills they need to read that develops a strong connection be- State of Indiana since 2004. GES has independently. tween the school, parents, and teach- distinguished itself through inquiry Lexington Elementary School’s posi- ers. and project-based learning, in which tive and nurturing atmosphere ensures Northpoint Elementary School’s lessons are built around key questions, all students are treated with respect. staff, students, and families work to- and students take ownership of their Students help lead the way through gether to teach and foster values that learning. For example, students par- initiatives like Lexington’s Project develop strong character including aca- ticipate in a schoolwide inquiry Words of Wisdom, where, every morn- demic excellence and service to others. project, Geist Marketplace, where stu- ing, students share motivational Teachers and support staff not only dents from different grade levels part- ideals, such as being kind to others, mentor students academically but also ner together to create a business. The during the schoolwide morning an- focus on nurturing students’ social and project promotes collaboration and en- nouncements. emotional needs. Programs to help stu- trepreneurship, allowing students to Lexington Elementary School’s ap- dents are provided before, during, and create, market, and sell their products. proach and dedication to student after school, including an antibullying In addition, they learn to pay their achievement has been key to its suc- program that is taught to students and debts and hold an event that is open to cess. The school’s staff and families reinforced regularly. the local community, where residents work together to teach and foster val- Northpoint Elementary School is an can purchase the products made by the ues that develop strong character and example of how dedication, motivation, students. Ultimately, students can pro- better the community. Students also collaboration, and strong family en- vide proceeds to local charities. benefit from programs in the local gagement in education benefits both GES parents, faculty, and staff work community. The Scott County Family students and the local community. together to provide a positive learning YMCA offers a before and afterschool Students participate in various pro- environment to ensure students de- program with nearly 50 percent of the grams, including giving back to fami- velop strong character, while achieving Lexington student population. This lies in need by donating gifts during academic excellence and getting in- partnership offers homework assist- the holidays and supporting local volved in the community. ance, enrichment activities, and exer- homeless shelters. I would like to recognize Geist Ele- cise opportunities. Northpoint students come from var- mentary School principal Christi Lexington Elementary School is a ious backgrounds. With a diverse stu- Thomas, the entire staff, the student stellar example of the benefits that re- dent body, Northpoint has created an body, and their families. The effort, sult from dedication, motivation, col- inclusive atmosphere to ensure every dedication, and value you put into edu- laboration, and strong community student is treated with respect. cation has led not only to this pres- partnerships in education. I am proud to recognize Northpoint tigious recognition, but will benefit I am proud to recognize Lexington Elementary School principal Diane L. you and the Fishers community well Elementary School principal Charles Wirth, the entire staff, the student into the future. Rose, who was leading the school at body, and their families. The effort, On behalf of the citizens of Indiana, I the time of the nomination, current dedication, and value you put into edu- congratulate Geist Elementary School, principal Nick South, as well as the en- cation has led not only to this pres- and I wish the students and staff con- tire staff, the student body, and their tigious recognition, but will benefit tinued success in the future. families. The effort, dedication, and you and the Granger community well f value you put into education has led into the future. not only to this prestigious recogni- On behalf of the citizens of Indiana, I RECOGNIZING LEXINGTON ELE- tion, but will benefit you and the Lex- congratulate Northpoint Elementary MENTARY SCHOOL OF LEX- ington community well into the future. School, and I wish the students and INGTON, INDIANA On behalf of the citizens of Indiana, I staff continued success in the future. Mr. DONNELLY. Mr. President, congratulate Lexington Elementary f today, I wish to recognize Lexington School, and I wish the students and RECOGNIZING SOUTH RIPLEY JUN- Elementary School of Lexington, IN, staff continued success in the future. IOR HIGH SCHOOL OF for being named a 2016 National Blue f Ribbon School by the U.S. Department VERSAILLES, INDIANA of Education. RECOGNIZING NORTHPOINT ELE- Mr. DONNELLY. Mr. President, Established in 1982, the National Blue MENTARY SCHOOL OF GRANGER, today I wish to recognize South Ripley Ribbon Schools Program has recog- INDIANA Junior High School of Versailles, IN, nized schools that have demonstrated a Mr. DONNELLY. Mr. President, for being named a 2016 National Blue vision of educational excellence for all today, I wish to recognize Northpoint Ribbon School by the U.S. Department students, regardless of their social or Elementary School of Granger, IN, for of Education. economic background. Since its incep- being named a 2016 National Blue Rib- Established in 1982, the National Blue tion, this program has offered the op- bon School by the U.S. Department of Ribbon Schools Program has recog- portunity for schools in every State to Education. nized schools that have demonstrated a gain recognition for educational ac- Established in 1982, the National Blue vision of educational excellence for all complishments in closing the achieve- Ribbon Schools Program has recog- students, regardless of their social or ment gaps among students. nized schools that have demonstrated a economic background. Since its incep- Lexington continuously aims to vision of educational excellence for all tion, this program has offered the op- bridge the gap between students from students, regardless of their social or portunity for schools in every State to diverse economic backgrounds. In 2008, economic background. Since its incep- gain recognition for educational ac- Lexington implemented a schoolwide tion, this program has offered the op- complishments in closing the achieve- support and service model, which al- portunity for schools in every State to ment gaps among students. lowed extra funding for tutors and a gain recognition for educational ac- South Ripley Junior High School has more personalized approach to ensure complishments in closing the achieve- distinguished itself as a top-performing individual student success. ment gaps among students. school in Indiana. For the last 4 years, Lexington Elementary prides itself Recognized as a Blue Ribbon School South Ripley Junior High School has on a rigorous curriculum designed to in 2010, Northpoint Elementary School been named a Four Star School and an maximize student exposure to core con- continues to demonstrate academic ex- A rated school. In 2016, South Ripley cepts that are essential for academic cellence and works to meet the indi- was named a national School to Watch growth and success. Each grade level vidual needs of its students through for its high performance on State

VerDate Sep 11 2014 05:14 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.066 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6462 CONGRESSIONAL RECORD — SENATE November 17, 2016 standardized tests and overall aca- Union Elementary maintains a high tion, the American Diabetes Associa- demic excellence. standard for academic excellence, tion, the Humane Society, and Glean- The school’s philosophy of education which can be attributed to the success er’s Food Bank. Over the last decade, is built upon the expectation of success of a rigorous curriculum, innovative the students and staff of West Clay in all students. South Ripley Junior instructional practices, and a highly have helped raise over $60,000 which re- High School focuses on helping each qualified and dedicated staff. Faculty sulted in the donation of countless sup- student develop individual success aca- works closely with parents to ensure plies to local organizations. demically and personally. To that end, their children are receiving a quality West Clay works to provide students the core curriculum supports college education. Parents are encouraged to with a positive learning environment and career readiness to develop the be an active part in their child’s learn- to support their social, emotional, and skills students need in everyday life, ing from serving as field trip chap- academic needs. For example, West such as problem-solving, as well as erones to volunteering in the class- Clay has many student support serv- reading and writing effectively. In ad- room. Union Elementary School’s dedi- ices, including an instructional coach, dition, South Ripley’s faculty and staff cation to student achievement and who partners with staff to develop ap- continuously work with students to positive atmosphere have been key to propriate programs that will enhance meet their social, emotional, and aca- its success. The school’s staff and fami- student learning and will ensure that demic needs and help students develop lies work together to teach and foster students are challenged, while at the strong character. values that develop strong character same time supported in an effort to en- I am proud to recognize South Ripley and better the community. able students to reach their potential. Junior High School principal Destiny I am proud to recognize Union Ele- These staff members play an integral Rutzel, the entire staff, the student mentary School principal Jennifer part in determining student learning body, and their families. The effort, Raycroft, the entire staff, the student needs through analyzing data and dedication, and value you put into edu- body, and their families. The effort, gauging students’ interests. cation has led not only to this pres- dedication, and value you put into edu- I am proud to recognize West Clay tigious recognition, but will benefit cation has led not only to this pres- Elementary School principal Jennifer you and the Versailles community well tigious recognition, but will benefit Szuhaj, the entire staff, the student into the future. you and the Zionsville communities body, and their families. The effort, On behalf of the citizens of Indiana, I well into the future. dedication, and value you put into edu- congratulate South Ripley Junior On behalf of the citizens of Indiana, I cation has led not only to this pres- High, and I wish the students and staff congratulate Union Elementary tigious recognition, but will benefit continued success in the future. School, and I wish the students and you and the Carmel community well f staff continued success in the future. into the future. On behalf of the citizens of Indiana, I RECOGNIZING UNION ELEMEN- f congratulate West Clay Elementary TARY SCHOOL OF ZIONSVILLE, RECOGNIZING WEST CLAY ELE- School, and I wish the students and INDIANA MENTARY SCHOOL OF CARMEL, staff continued success in the future. Mr. DONNELLY. Mr. President, INDIANA f today, I wish to recognize Union Ele- Mr. DONNELLY. Mr. President, mentary School of Zionsville, IN, for RECOGNIZING WESTON ELEMEN- being named a 2016 National Blue Rib- today, I wish to recognize West Clay TARY SCHOOL OF GREENFIELD, bon School by the U.S. Department of Elementary School of Carmel, IN, for INDIANA Education. being named a 2016 National Blue Rib- Mr. DONNELLY. Mr. President, Established in 1982, the National Blue bon School by the U.S. Department of today I wish to recognize Weston Ele- Ribbon Schools Program has recog- Education. mentary School of Greenfield, IN, for nized schools that have demonstrated a Established in 1982, the National Blue being named a 2016 National Blue Rib- vision of educational excellence for all Ribbon Schools Program has recog- bon School by the U.S. Department of students, regardless of their social or nized schools that have demonstrated a Education. economic background. Since its incep- vision of educational excellence for all Established in 1982, the National Blue tion, this program has offered the op- students, regardless of their social or Ribbon Schools Program has recog- portunity for schools in every State to economic background. Since its incep- nized schools that have demonstrated a gain recognition for educational action, this program has offered the op- vision of educational excellence for all complishments in closing the achieve- portunity for schools in every State to students, regardless of their social or ment gaps among students. gain recognition for educational ac- economic background. Since its incep- Union Elementary School opened at complishments in closing the achieve- tion, this program has offered the op- its current location in 2007 and cur- ment gaps among students. portunity for schools in every State to rently serves over 600 students. Union West Clay Elementary opened in Au- gain recognition for educational ac- Elementary prides itself on creating a gust 2006, with a mission to provide op- complishments in closing the achieve- nurturing and collaborative learning portunities for all students to realize ment gaps among students. environment, where teachers, students, their potential. Every year since its in- Weston Elementary consistently has and teachers work together so that all ception, West Clay has been named an distinguished itself as a top-performing students can reach their potential. Indiana Four-Star School based upon school, was named an Indiana Four Teachers utilize a wide variety of as- high achievement results on standard- Star School in 2013 and 2016, and has sessment practices to measure student ized tests. been named an A school by the State progress, make instructional decisions, West Clay strives to provide a qual- each of the past 5 years. and to evaluate the effectiveness of ity education to students through the Weston’s success can be attributed to academic programs. tireless work of its dedicated staff, who the school’s goal of continuously look- Union Elementary School seeks to serve in various leadership roles, such ing for ways to provide a well-rounded ensure students are enriched both dur- as school committee chairs. West education to students. The school em- ing and after school. The school has an Clay’s mindset is on constantly striv- phasizes problem-solving and assign- outdoor classroom, which includes na- ing to improve through reflection and ments that allow students to dem- tive Indiana wildflowers, a butterfly staff development. onstrate their work and thought proc- garden, and vegetable gardening space, West Clay students, parents, and ess. In addition to core subjects, stu- allowing creativity to go beyond the staff work closely together to give dents are exposed to physical edu- traditional classroom. Students are of- back to the community through phil- cation, art and music, and several fered various extracurricular activi- anthropic initiatives led by the parent classes participate in daily exercise led ties, including foreign language clubs, teacher organization, PTO, and student by prerecorded video segments from art enrichment, engineering club, a government. Their efforts support or- the Indianapolis Colts. Weston also of- kids fitness program—Fit Kidz—and a ganizations such as Riley Children’s fers students Weston Fit, an after- drama club. Hospital, the American Heart Associa- school fitness club that promotes

VerDate Sep 11 2014 05:14 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.051 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6463 healthy eating and staying physically Iraqi, and Enduring Freedom, as well O’Malley who has served Lewis and active. as Resolute Support and now Free- Clark County sheriff’s office proudly Weston also prides itself not only on dom’s Sentinel. He has served on the for 18 years. In his work as patrolman, its academics but fostering a sup- Air Education and Training Command a narcotics officer with the Missouri portive environment that offers pro- Security Forces staff as an executive River drug task force, and detective grams to promote emotional, social, officer and chief of force protection with the criminal investigation bureau, and cultural wellness. Weston utilizes a programs and technology. he has made our communities a safer fulltime social worker, who provides Ryan’s humble character rarely does place to live. class lessons on topics of bullying and justice to his accomplishments and ac- Currently, he is assigned to the do- character education, with an expecta- colades. However, he does speak very mestic violence multidisciplinary tion that students will treat their proudly of his wife, Tiffany, from Val- team, where he works tirelessly to pro- classmates with respect and develop dosta, GA, and their son, Garrett. Mili- tect women and children from violent strong social skills. tary families are true testaments of crimes and domestic violence. Weston’s students, facility, and staff both strength and pride. They are con- In addition to his duties with the work together to ensure every child stantly challenged by deployments, sheriff’s office, Detective O’Malley succeeds, and faculty partners with changes in duty stations, and uncer- serves as a liaison for the Lewis and parents to encourage family engage- tainties. These hurdles create resil- Clark County drug treatment court. ment and parent involvement in iency which the Bodge family patrioti- Dan dedicates countless hours assisting school-sponsored activities. cally embodies. Ryan’s family are his those struggling with substance abuse I am proud to recognize Weston Ele- pride and joy and will equally be issues and increasing their likelihood mentary School principal Shane Bry- missed by our office team. of successful rehabilitation. He contin- ant, the entire staff, the student body, While we will miss having Ryan in ually goes above and beyond to provide and their families. The effort, dedica- our Capitol Hill office, I know that he the guidance and leadership people des- tion, and value you put into education will be moving on to greater things. I perately need to overcome life’s chal- has led not only to this prestigious rec- want to again thank Ryan and his fam- lenges and he does it with great com- ognition, but will benefit you and the ily for their service to our great Nation passion and empathy. His efforts have saved lives, families and have pro- Greenfield community well into the fu- and congratulate him on his protected our communities. ture. motion. His commitment and dedication to On behalf of the citizens of Indiana, I f congratulate Weston Elementary protecting and serving our community School, and I wish the students and ADDITIONAL STATEMENTS and his compassion to help others in staff continued success in the future. need is second to none. This past July, Detective O’Malley was named Mon- f TRIBUTE TO JEREMIAH KENNEDY tana’s ‘‘Law Enforcement Officer of the TRIBUTE TO LIEUTENANT ∑ Mr. DAINES. Mr. President, I wish to Year’’ by the Sheriffs and Peace Offi- COLONEL RYAN BODGE recognize veteran Jeremiah Kennedy cers Association for his exemplary Mr. ISAKSON. Mr. President, today I for his years in service in the U.S. service. We are blessed to have officers wish to thank and congratulate my de- Navy. Mr. Kennedy was inspired by his like Dan O’Malley serving the people of fense fellow, Air Force Lt. Col. Ryan grandfather, the late Jerry Kennedy, Montana. Each day, he looks forward Bodge, on a successful year serving in who was also in the Navy during Viet- to taking on new challenges, making my office. The expertise and experience nam and played a role in his decision of our community a safer and better place that Ryan brought to my team was in- which branch to join. for us all. As a proud father of four, I valuable, and he will certainly be Mr. Kennedy joined the Navy and left know he understands the importance of ∑ missed after he leaves. for boot camp in June of 2007. He then integrity, honor, and commitment. Prior to his assignment as a defense went on to an advanced training course f fellow, Ryan served as the commander to become an aviation ordnanceman, TRIBUTE TO ALBERT WADE of the 455th Expeditionary Security responsible for loading and building ∑ Mr. DAINES. Mr. President, I wish to Forces Squadron at Bagram Air Field, fighter jets with bombs and missiles, as recognize Albert Wade of Yellowstone BAF, in Afghanistan. He led a blend of well as maintaining all of the equip- County. Albert, a Pearl Harbor sur- more than 500 coalition and contract ment that is used to transport those vivor and a pilot of the B–17 Fortress, personnel responsible for the defense of bombs and missiles from the magazines who is celebrating his 98th birthday 36,000 personnel, a 27-kilometer perim- to the flight deck. this month. We celebrate our independ- eter, and the Air Force Central Com- As an aviation ordnanceman, Mr. ence and freedom, because of people mand’s busiest airfield with more than Kennedy was stationed aboard the nu- like Albert, who selflessly put himself $3.5 billion in combat assets to include clear aircraft carrier, the USS George in harm’s way for his country. two specialized teams: Fly Away Secu- Washington, which was sent out to re- In 1939, Albert was one of the first six rity and Tactical Security Element place the USS Kitty Hawk, an aircraft men appointed to form the original personnel. His squadron was Tactical carrier located in Yokosuka, Japan. Army Air Corps, and was at Pearl Har- Control to Task Force Solid, respon- There, he remained in a forward de- bor when the Japanese bombers at- sible for the Bagram Ground Defense ployed status, subject to being de- tacked. During the attack, his entire Area. ployed anywhere in the world within 72 fleet of the B–17 Flying Fortress was Ryan was born and raised in Cold hours upon the President’s request. Mr. shot down, and unknown to anyone at Spring, NY, and he enlisted in the Air Kennedy was stationed overseas in the time, Albert was the only survivor. Force in 1992. He served as an F–16 and Japan, as well as nine other different It wasn’t until 4 and a half weeks later, A–10 aircraft weapons load crew team countries, and he considers the chance Albert says, that the American Red chief and then in a special duty as a to experience different ways of life and Cross found his then paralyzed body at professional military education in- traditions a truly incredible oppor- the Russian Aid Station and brought structor. In 2003, Ryan commissioned tunity. After 5 years of service, Mr. him home. to become an officer after successfully Kennedy was honorably discharged Albert has been offered the Purple completing officer training school. He from the Navy in June of 2012. Heart many times; however, he con- has served as a flight commander, con- I want to express my deep gratitude tinues to turn it down, saying that he voy commander, officer in charge of to Mr. Kennedy for his dedication and is just a regular person. Albert went on training and resources, operations offi- service to our country.∑ to marry the love of his life, Louise, cer, high-risk response leader, major f and has two children, Maggie and Del. command, USAF, staff officer and two- Albert has dedicated his life to his fam- time squadron commander. Ryan has TRIBUTE TO DAN O’MALLEY ily and has started several businesses, deployed in support of the following ∑ Mr. DAINES. Mr. President, today I written several books, and became a missions: Southwest Asia, Operation want to recognize Detective Dan pastor.

VerDate Sep 11 2014 06:45 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.071 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6464 CONGRESSIONAL RECORD — SENATE November 17, 2016 On September 23, 2012, Albert, along to our Nation, his contributions to the sevelt in 1942. Joan was 19, and the with nearly 100 veterans of the Second legal community, and his dedication to United States was fully engaged in World War, were honored in Wash- both kindness and fairness in the World War II. In one of her earliest at- ington, DC, through the Honor Flight courtroom. tempts to serve her country, Joan des- Program. Judge Guin was born in Russellville perately wanted to join the war effort. Albert embodies the kind of selfless- and graduated from Russellville High Unfortunately, she still had a year re- ness at the core of Montana’s strong School in 1940. He went on to earn his maining to complete her college de- legacy of service. I am proud to honor B.A. and J.D. from the University of gree. Joan found herself in a bit of a this brave man for his service to his Alabama. Judge Guin took time off of bind and sought the advice of the First community and to our country.∑ school to serve as an infantry first Lady. She wrote, ‘‘. . . I would like f lieutenant in World War II. During his very much to leave college at the mid service, he was sent to Camp Swift years to volunteer for some sort of RECOGNIZING GEOTEMPS, near Austin, TX, where he met and service that will take up all my time INCORPORATED married his wife. After the war, he re- and preferably take me away from ∑ Mr. HELLER. Mr. President, today I turned to the University of Alabama to home. I do not care about uniforms and wish to recognize the 30th anniversary complete his law degree and subse- really would like to drive an ambu- of an important business to Nevada, quently joined his father’s private law lance on foreign duty so that I could Geotemps, Inc. I am proud to honor practice from 1948 to 1973. feel I was actually in contact with the Geotemps’ significant contributions to As an attorney, Judge Guin served on people who need help.’’ Mrs. Roosevelt the mining industry in the State of Ne- the Alabama State Bar Commission, responded a few weeks later and vada, throughout our Nation, and the Board of the Alabama Law Insti- stressed the need for Joan to stay in across the globe. I am extremely proud tute, and the Alabama Supreme school and finish her degree. of Geotemps’ years of success and am Court’s advisory commission. He was Undiscouraged and always resolute, grateful for how it has benefitted the also the first chairman of the judicial Joan still managed to contribute to the Silver State. commission, which is now the judicial war effort. She may not have driven In 1986, Lyle Taylor of Reno, NV, cre- inquiry commission. ambulances abroad like she wanted, Judge Guin began his career in public ated Geotemps to help increase Ne- but she found a different way to serve service when he was nominated by vada’s growing economic force. Recog- by helping track German submarines President Richard Nixon to serve on nizing that one of Nevada’s greatest as- as she concluded her studies. sets is its hard-working citizens, the the U.S. District Court for the North- ern District of Alabama. He was con- It is clear that Joan possessed an ex- Taylor family worked tirelessly to cre- traordinary penchant for service at an ate an enterprise that would provide firmed by the Senate on April 10, 1973, and assumed senior status on February early age and a drive to go beyond con- hard-working Nevadans with opportu- temporary norms to fight for her be- nities for success in critical industries. 3, 1989. In addition to his professional liefs, her country, and her friends and For 30 years, Geotemps has fulfilled achievements, Judge Guin was named neighbors. Fortunately for Montana, these aspirations and produced positive Citizen of the Year for Russellville in Joan moved to our great State in 1949. results for Nevada. 1973. He served as an elder and chair- Joan would go on to spend the major- Geotemps has provided the Nevada man of the foreign missions committee ity of the next 75 years living in Mon- mining industry with reliable individ- of the North Highlands Church of tana. She raised a family and fought to uals across the State, while keeping Christ in Russellville, as well as the make Montana a better place as a po- the business within the Taylor family. West End Church of Christ and Pali- litical activist. She championed the Lyle Taylor’s son, Lance, has led the sades Church of Christ in Birmingham. causes that still to this day make Mon- company into a new generation of Judge Guin also enjoyed playing golf, tana the best State to live in and raise labor services. With offices in four Ne- valued music and traveling the world, a family. She cared deeply about all vada counties, four States, and two and always loved cheering on the Crim- Montanans’ right to a clean and countries, Geotemps remains a small son Tide. healthy environment and to a quality business that produces big results. I offer my deepest condolences to public education. Perhaps, most nota- Much of Nevada’s success lies in small Judge Guin’s wife, Dorace, and his chil- bly, she cared deeply about the impor- businesses like Geotemps, and our dren Jan, Judy, Jay, and David, as well tance of expanding the role of women State has truly benefited from the hard as his many grandchildren and great- in politics in Montana and beyond. work and dedication of Geotemps’ em- grandchildren. I join all of their loved ployees. In 1954, along with friends Laura ones as they celebrate his many life ac- Nicholson and Harriett Meloy, Joan Over the course of three decades, complishments and mourn his loss.∑ Geotemps has demonstrated strong founded the Montana League of Women f dedication to the great State of Ne- Voters, a group that proved to be in- vada’s mining industry. Without the REMEMBERING JOAN TRIMBLE strumental in the formation of Mon- determination and persistence of its TOOLE tana’s 1972 Constitutional Convention founders and entire staff, Nevada would ∑ Mr. TESTER. Mr. President, today I and to the passage of a new State con- not have experienced the excellent wish to honor the life of an exceptional stitution in June of 1972. The 1972 Mon- growth we see today. Montanan and member of the Greatest tana Constitution includes a provision I ask my colleagues and all Nevadans Generation, Joan Trimble Toole. Joan that states, ‘‘All persons are born free to join me in congratulating Geotemps passed away peacefully 1 year ago and have certain inalienable rights. on its 30th anniversary. This institu- today at the age of 92 in Helena, MT. They include the right to a clean and tion has advanced Nevada’s mining in- Her tireless dedication to public serv- healthful environment.’’ Joan was so dustry, and I am honored to recognize ice set a tremendous example that we incredibly proud that Montana’s Con- this important milestone. I wish should all strive to achieve. Joan’s stitution guaranteed citizens the right Geotemps well in all of its future en- footprint on policy and progress in to a clean and healthful environment. deavors and in creating greater oppor- Montana is remarkable; however, if she She brought it up all the time although tunities in Nevada.∑ were here today, I suspect she would she typically failed to mention the part where her activism played a critical f tell you that nothing made her prouder than being a grandma to 25 grand- role in securing the language. REMEMBERING JUNIUS FOY GUIN, children and 17 great-grandchildren. For the rest of her life, nothing could JR. Joan always put her family first, but deter Joan’s dedication to protecting ∑ Mr. SHELBY. Mr. President, today I her commitment to improving Mon- Montana’s landscape and education wish to honor the life of Judge Junius tana communities didn’t lag far be- system. She served on the Board of Foy Guin, Jr., of Russellville, AL, who hind. Natural Resources and Conservation, passed away on November 8, 2016. He I recently had an opportunity to read lobbied for the Office of Public Instruc- will be long remembered for his service a letter that Joan sent to Eleanor Roo- tion during legislative sessions, and

VerDate Sep 11 2014 06:45 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.074 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6465 shared her expertise with numerous po- training, Holly would marry unique has enjoyed such success that it out- litical campaigns and ballot initia- Louisiana cuisine to the benefits of grew the original small kitchen and tives. Joan volunteered for nonprofit healthy eating in order to help people single dining room. Today Genusa’s environmental organizations, libraries, dealing with prevalent diseases and Italian Restaurant has grown to em- schools, the Democratic Party and the also launched and self-published a line ploy several Monroe locals who serve a League of Women Voters. For decades, of cookbooks. In 1993, after a local re- dedicated clientele and also host Joan was a fixture in Montana politics, tail shop decided to stop selling cook- celebratory occasions in their fighting for progressive causes across books, Holly trailblazed her own road multiroom establishment. And Rachel, the State. If there was an opportunity to success by promoting her first cook- Ann, and Francis, who now run the res- to advocate for change or improve her book of the ‘‘trim&TERRIFIC’’ book taurant continue with their family’s community, Joan always showed up. series. Shortly after, she partnered tradition of growing their own herbs Throughout my 8 years in Montana with various organizations to develop and tomatoes for their signature red Senate, it was not unusual to glance up cookbooks for heart patients, cancer sauce. to the senate gallery and see Joan sit- patients, and arthritis patients. Having Congratulations to the Genusa fam- ting in the front row. She usually had sold over 1 million cookbooks, her suc- ily for nearly 50 years of small business a grandchild or two in tow, as she al- cess has helped her gain notoriety, and success, and with that, I would like to ways went to great lengths to teach she has appeared on various national formally recognize Genusa’s Italian her grandchildren the importance of media outlets to share her message of Restaurant as Small Business of the public service and significance of al- healthy eating. Week.∑ ways showing up. She would beam as During the month of October, in f her grandchildren took in the scene which we recognize and celebrate RECOGNIZING HEALTHY IMAGE and processed the importance of being women-owned small businesses, I find involved. She knew that her last call- it fitting to honor a female entre- ∑ Mr. VITTER. Mr. President, the path ing in life was to pass her experiences, preneur like Holly Clegg for capturing to small business success is different stories, and wisdom onto the next gen- her God-given talent and building a for each person, and every so often, one eration. business that has benefited so many. will stumble across an idea that fulfills Even in her last few years, as it grew Her entrepreneurial spirit and a com- a niche, which then benefits both the increasingly difficult for her to get mitment to her passion has helped entrepreneur and the surrounding com- around, I saw Joan at most of the Holly share tasty recipes all across the munity. As we continue to celebrate events I held in Helena. She would give country and help everyday Americans National Women’s Small Business me a hug and thank me for my work struggling with crippling diseases to Month, I would like to recognize before venturing off to find who she eat better while still enjoying the Healthy Image of Lake Charles, LA, as really came to see: my wife, Sharla. many flavors of Louisiana cuisine. Small Business of the Week for its im- A year later, we still miss Joan every Congratulations, Holly, and thank pressive work in helping neighboring time we pass through Helena. Montana you for harnessing your talent and businesses grow and succeed. lost an incredible leader and an irre- being a role model for all women entre- As a marketing director for a placeable voice. As we move forward preneurs. Holly is just one of the many healthcare organization in the Lake and aim to tackle the challenges facing examples of female entrepreneurs tak- Charles area, Kristy Armand recog- our Nation, we must remember the les- ing their interests and talents and cul- nized the demand for a local marketing sons we learned from Joan. We must tivating them into successful business agency that catered to medical groups. ask ourselves how we can step up and opportunities, and for this, we honor An entrepreneur at heart, Kristy serve our country, like Joan did in her her as Small Business of the Week.∑ jumped at the opportunity to utilize letter to Eleanor Roosevelt. We must f her experience in health care and mar- take action to advocate for our beliefs, keting to develop her own small busi- like Joan did when she founded the RECOGNIZING GENUSA’S ITALIAN ness. Kristy enlisted the help of Chris- Montana chapter of the League of RESTAURANT tine Fisher, an intern with whom she Women Voters. Finally, we must al- ∑ Mr. VITTER. Mr. President, one of had worked nearly a decade before, and ways show up, like Joan did until the Louisiana’s best kept secrets is that together the women behind Healthy last days of her life.∑ our cuisine encompasses far more than Image landed their first client in 2002. f oysters, gumbo, and boudin balls. In Five years later, Barbara VanGossen fact, Louisiana is home to a wide vari- joined the growing business as a part- RECOGNIZING HOLLY CLEGG ety of culinary perspectives, often ner and the creative director, and with- ∑ Mr. VITTER. Mr. President, small passed down from generation to gen- in 1 year, Healthy Image outgrew its businesses come in many different eration, including this Small Business original location, moved to a new of- shapes and sizes. No matter their shape of the Week, the family-owned and op- fice, and hired several more employees. or size, one thing remains the same: erated Genusa’s Italian Restaurant in During this period, the Healthy small businesses are the brainchild of Monroe, LA. Image team worked closely with the passionate individuals who seek to After spending years dreaming of Louisiana Small Business Development make their life and the lives of those in sharing their Italian family recipes Center, SBDC, at McNeese State Uni- their community a better place. In this with friends and neighbors, Cherry and versity to provide marketing tips, fi- spirit, I would like to recognize Holly Francis Genusa took the entrepre- nancial consulting, and business advice Clegg of Baton Rouge, LA, who took neurial leap and opened their name- with local entrepreneurs. Today, her passion for cooking and healthy sake restaurant in 1967. Using the Healthy Image is made up of a team of eating and turned it into a business original recipes passed down from specialists who provide an array of that has grown over the past 20-plus Francis’s mother and aunt, the couple business services, including adver- years. offered up authentic Italian dishes to tising, event planning, graphic design, From an early age, Holly had a keen the Monroe community. For several social media, and branding to over 100 interest in cooking. Her passion and years, Genusa’s Italian Restaurant re- clients. entrepreneurial spirit drove her to mained a hidden gem as Cherry and The success of Healthy Image has start her own catering company while Francis did all the cooking, cleaning, earned Kristy, Christine, and Barbara she was still in high school. As a stu- table-waiting, and general manage- recognition on the national level. In dent at Tulane University in New Orle- ment. This was in addition to raising 2013, the U.S. Chamber of Commerce se- ans, Holly continued to perfect her pas- their three children—Rachel, Ann, and lected Healthy Image as one of its dis- sion through various cooking classes at Francis—who initially helped by roll- tinguished Blue Ribbon Award winners the university. Upon graduation, she ing out meatballs and eventually were with the title of being one of the ‘‘Top attended the Cordon Bleu Cooking entrusted with more responsibilities. 100 Small Businesses in the Country.’’ School in London and then Cordon Over the years, Genusa’s Italian Res- I would like to congratulate the in- Bleu in Paris. Following this formal taurant became a Monroe favorite and spiring team at Healthy Image and

VerDate Sep 11 2014 06:45 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.079 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6466 CONGRESSIONAL RECORD — SENATE November 17, 2016 wish them the best in their continued business sense, the Lafayette natives Mrs. Cole, one of its reading clerks, an- growth and success.∑ launched Sophi P Cupcakes in 2010. Al- nounced that the Speaker has signed f most immediately, Sophi P Cupcakes the following enrolled bills: became a community favorite and later RECOGNIZING THE PAPER H.R. 845. An act to direct the Secretary of that year was recognized as the 2010 Agriculture to publish in the Federal Reg- MARKET ‘‘Best New Business’’ by the Better ister a strategy to significantly increase the ∑ Mr. VITTER. Mr. President, Lou- Business Bureau of Acadiana. One year role of volunteers and partners in National isianians have a long history of em- later, Jennifer and Dustin were award- Forest System trail maintenance, and for bracing life and celebrating when the ed the 2011 ‘‘Rising Young Business other purposes. occasion calls for it. In particular, the H.R. 5392. An act to direct the Secretary of Leader’’ by the Junior Achievement of Veterans Affairs to improve the Veterans city of Monroe is home to a paper and Acadiana. Over the next few years, Crisis Line. party supply store that provides all Sophi P Cupcakes continued to grow H.R. 6007. An act to amend title 49, United celebratory essentials. As the holiday and succeed and in 2015 expanded their States Code, to include consideration of cer- season quickly approaches, I would like operation to launch multiple Sophi P tain impacts on commercial space launch to recognize The Paper Market of Mon- Express coolers across the campus of and reentry activities in a navigable air- roe, LA, as this week’s Small Business the couple’s alma mater, the Univer- space analysis, and for other purposes. of the Week. sity of Louisiana at Lafayette. Jen- The enrolled bills were subsequently Amy Robinson has always been a nifer and Dustin are now focused on signed by the President pro tempore celebration enthusiast, and from Mardi the future of Sophi P’s and have their (Mr. HATCH). Gras to Christmas to crawfish season, eyes set on expanding their business f she has found several reasons to cele- across Louisiana and the Nation. brate every season in Louisiana. In EXECUTIVE AND OTHER While hard work and thoughtful COMMUNICATIONS 2010, Amy had an off-the-wall idea to planning have played a major role in track down the owner of her favorite their success, there is no doubt that The following communications were local paper product shop to see if they Jennifer’s leadership as the head pas- laid before the Senate, together with would be interested in selling their try chef and owner has helped cement accompanying papers, reports, and doc- profitable small business. After months Sophi P’s as a local favorite in uments, and were referred as indicated: of negotiating, Amy and her husband, Acadiana. Catchy cupcake names such EC–7530. A communication from the Sec- Brian, became the proud owners of the as ‘‘the Dude’’ and ‘‘Chocolate Thun- retary of Commerce, transmitting, pursuant popular local stationery store and set der’’ match the ‘‘sophisticated to to law, a report relative to the export to the People’s Republic of China of items not det- out with a new vision to create within punk’’ theme that is the inspiration be- the space a place in which members of rimental to the U.S. space launch industry; hind the cupcakery. With treats made to the Committee on Banking, Housing, and the Monroe and West Monroe commu- daily with fresh ingredients and a mis- Urban Affairs. nities could come to plan their celebra- sion revolving around customer service EC–7531. A communication from the Chief, tions. and appreciation, it is no wonder that International Bureau, Federal Communica- Today, The Paper Market embodies Sophi P’s is a great success as part of tions Commission, transmitting, pursuant to Amy’s personal motto to ‘‘celebrate ev- the cupcake craze sweeping the Nation. law, the report of a rule entitled ‘‘In the erything’’ and is regionally renowned During the month of October, when Matter of Review of Foreign Ownership Poli- cies for Broadcast, Common Carrier and for providing specialized party supplies we celebrate women-owned small busi- for all occasions, in addition to car- Aeronautical Radio Licensees under Section nesses, I want to especially congratu- 310(b) (4) of the Communication Act of 1934, rying a wide variety of home decor and late Jennifer for her role in making as Amended’’ ((FCC 16–128) (GN Docket No. gift lines with a Louisiana flair. Amy Sophi P Cupcakes the resounding suc- 15–236)) received during adjournment of the has also employed an in-house graphic cess that it is today. Her exceptional Senate in the Office of the President of the designer to provide a one-stop-shop for culinary skill and artistic mind has Senate on October 14, 2016; to the Committee her customers’ celebration-planning helped Sophi P Cupcakes become one of on Commerce, Science, and Transportation. needs. Acadiana’s favorite places for sweet EC–7532. A communication from the Sec- retary of the Commission, Bureau of Con- As we continue to celebrate National treats. Her passion is an example to all Women’s Small Business Month, it is sumer Protection, Federal Trade Commis- aspiring female entrepreneurs, and I sion, transmitting, pursuant to law, the re- my honor to recognize Amy Robinson, applaud her for tapping into her talent port of a rule entitled ‘‘Telemarketing Sales her entrepreneurial efforts, and The and embarking on the endeavor of own- Rule Fees’’ (RIN3084–AA98) received during Paper Market of Monroe for being se- ing a small business with her husband. adjournment of the Senate in the Office of lected as Small Business of the Week. Congratulations to Jennifer, Dustin, the President of the Senate on October 6, Congratulations, Amy, Brian, and the and the entire team at Sophi P Cup- 2016; to the Committee on Commerce, entire Paper Market team. Thank you cakes on being named Small Business Science, and Transportation. EC–7533. A communication from the Chief for your commitment to serving your of the Week. I look forward to your community, and I look forward to see- Counsel, National Telecommunications and continued confectionary success.∑ Information Administration, Department of ing your continued growth and suc- f Commerce, transmitting, pursuant to law, cess.∑ the report of a rule entitled ‘‘Revision to the f MESSAGES FROM THE HOUSE Manual of Regulations and Procedures for Federal Radio Frequency Management’’ RECOGNIZING SOPHI P CUPCAKES ENROLLED BILLS SIGNED At 10:34 a.m., a message from the (RIN0660–AA32) received during adjournment ∑ Mr. VITTER. Mr. President, Lou- of the Senate in the Office of the President House of Representatives, delivered by isiana is known for many great things, of the Senate on October 13, 2016; to the Com- Mrs. Cole, one of its reading clerks, an- not least of which is our unique and de- mittee on Commerce, Science, and Transpor- nounced that the Speaker has signed licious cuisine. Whether it is a crawfish tation. the following enrolled bill: boil in the spring or the first fall EC–7534. A communication from the Chair- man of the Office of Proceedings, Surface gumbo pot, our family traditions often H.R. 4511. An act to amend the Veterans’ Oral History Project Act to allow the collec- Transportation Board, Department of Trans- center around food. In that spirit, I tion of video and audio recordings of bio- portation, transmitting, pursuant to law, the would like to recognize Sophi P Cup- graphical histories by immediate family report of a rule entitled ‘‘Revisions to Arbi- cakes LLC in Lafayette, LA, for shar- members of members of the Armed Forces tration Procedures’’ (RIN2140–AB24) received ing a unique take on a traditional des- who died as a result of their service during a during adjournment of the Senate in the Of- sert in the Acadiana region. period of war. fice of the President of the Senate on Octo- ber 21, 2016; to the Committee on Commerce, Jennifer Melancon studied the art of The enrolled bill was subsequently pastry for several years before she and Science, and Transportation. signed by the President pro tempore EC–7535. A communication from the Assist- her husband, Dustin, decided to open (Mr. HATCH). ant Chief Counsel for Regulatory Affairs, Lafayette’s first cupcake-centered bak- Pipeline and Hazardous Materials Safety Ad- ery, otherwise known as a cupcakery. At 2:56 p.m., a message from the ministration, Department of Transportation, Combining Jennifer’s skill and Dustin’s House of Representatives, delivered by transmitting, pursuant to law, the report of

VerDate Sep 11 2014 05:14 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.083 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6467 a rule entitled ‘‘Pipeline Safety: Enhanced the Requirement of a Tolerance’’ (FRL No. received during adjournment of the Senate Emergency Order Procedures’’ (RIN2137– 9953–21) received during adjournment of the in the Office of the President of the Senate AF26) received during adjournment of the Senate in the Office of the President of the on November 8, 2016; to the Committee on Senate in the Office of the President of the Senate on November 9, 2016; to the Com- Armed Services. Senate on October 21, 2016; to the Committee mittee on Agriculture, Nutrition, and For- EC–7552. A communication from the Presi- on Commerce, Science, and Transportation. estry. dent of the United States, transmitting, pur- EC–7536. A communication from the Assist- EC–7544. A communication from the Direc- suant to law, a report on the continuation of ant Chief Counsel for Regulatory Affairs, tor of the Regulatory Management Division, the national emergency that was originally Pipeline and Hazardous Materials Safety Ad- Environmental Protection Agency, transmit- declared in Executive Order 13712 of Novem- ministration, Department of Transportation, ting, pursuant to law, the report of a rule en- ber 22, 2015, with respect to Burundi, received transmitting, pursuant to law, the report of titled ‘‘Di-n-butyl Adipate; Exemption from during adjournment of the Senate in the Of- a rule entitled ‘‘Pipeline Safety: Expanding the Requirement of a Tolerance’’ (FRL No. fice of the President of the Senate on No- the Use of Excess Flow Valves in Gas Dis- 9954–58) received during adjournment of the vember 9, 2016; to the Committee on Bank- tribution Systems to Applications Other Senate in the Office of the President of the ing, Housing, and Urban Affairs. Than Single-Family Residences’’ (RIN2137– Senate on November 9, 2016; to the Com- EC–7553. A communication from the Presi- AE71) received during adjournment of the mittee on Agriculture, Nutrition, and For- dent of the United States, transmitting, pur- Senate in the Office of the President of the estry. suant to law, a report on the continuation of Senate on October 21, 2016; to the Committee EC–7545. A communication from the Direc- the national emergency declared in Execu- on Commerce, Science, and Transportation. tor of the Regulatory Management Division, tive Order 12938 with respect to the prolifera- EC–7537. A communication from the Sec- Environmental Protection Agency, transmit- tion of weapons of mass destruction, received retary of Transportation, transmitting, pur- ting, pursuant to law, the report of a rule enduring adjournment of the Senate in the Of- suant to law, a report entitled ‘‘National titled ‘‘Clomazone; Pesticide Tolerances’’ fice of the President of the Senate on No- Plan of Integrated Airport Systems (NPIAS) (FRL No. 9953–88) received during adjourn- vember 8, 2016; to the Committee on Bank- 2017–2021’’; to the Committee on Commerce, ment of the Senate in the Office of the Presi- ing, Housing, and Urban Affairs. Science, and Transportation. dent of the Senate on November 9, 2016; to EC–7554. A communication from the Senior EC–7538. A communication from the Regu- the Committee on Agriculture, Nutrition, Counsel for Regulatory Affairs, Depart- latory Ombudsman, Federal Motor Carrier and Forestry. mental Offices, Department of the Treasury, Safety Administration, Department of EC–7546. A communication from the Direc- transmitting, pursuant to law, the report of Transportation, transmitting, pursuant to tor of the Regulatory Management Division, a rule entitled ‘‘Qualified Financial Con- law, the report of a rule entitled ‘‘Commer- Environmental Protection Agency, transmit- tracts Recordkeeping Related to Orderly cial Driver’s License Requirements of the ting, pursuant to law, the report of a rule en- Liquidation Authority’’ (RIN1505–AC46) re- Moving Ahead for Progress in the 21st Cen- titled ‘‘2-Pyrrolidinone, 1-butyl-; Exemption ceived during adjournment of the Senate in tury Act (MAP–21) and the Military Com- from the Requirement of a Tolerance’’ (FRL the Office of the President of the Senate on mercial Driver’s License Act of 2012’’ No. 9953–82) received during adjournment of November 8, 2016; to the Committee on Bank- (RIN2126–AB68) received during adjournment the Senate in the Office of the President of ing, Housing, and Urban Affairs. EC–7555. A communication from the Assist- of the Senate in the Office of the President the Senate on November 9, 2016; to the Com- ant Secretary for Export Administration, of the Senate on October 31, 2016; to the Com- mittee on Agriculture, Nutrition, and For- Bureau of Industry and Security, Depart- mittee on Commerce, Science, and Transpor- estry. ment of Commerce, transmitting, pursuant tation. EC–7547. A communication from the Direc- EC–7539. A communication from the Regu- tor of the Regulatory Management Division, to law, the report of a rule entitled ‘‘Amend- ments to the Export Administration Regula- latory Ombudsman, Federal Motor Carrier Environmental Protection Agency, transmit- tions: Update of Arms Embargoes on Cote Safety Administration, Department of ting, pursuant to law, the report of a rule en- d’Ivoire, Liberia, Sri Lanka and Vietnam, Transportation, transmitting, pursuant to titled ‘‘Fluxapyroxad; Pesticide Tolerances’’ and Recognition of India as Member of the law, the report of a rule entitled ‘‘Amend- (FRL No. 9953–87) received during adjourn- Missile Technology Control Regime’’ ments to Implement Grants Provisions of ment of the Senate in the Office of the Presi- (RIN0694–AH07) received during adjournment the Fixing America’s Surface Transportation dent of the Senate on November 4, 2016; to of the Senate in the Office of the President Act’’ (RIN2126–AB91) received during ad- the Committee on Agriculture, Nutrition, of the Senate on November 9, 2016; to the journment of the Senate in the Office of the and Forestry. Committee on Banking, Housing, and Urban President of the Senate on October 31, 2016; EC–7548. A communication from the Ad- Affairs. to the Committee on Commerce, Science, ministrator of the Specialty Crops Program, EC–7556. A communication from the Assist- and Transportation. Agricultural Marketing Service, Department ant General Counsel for Legislation, Regula- EC–7540. A communication from the Assist- of Agriculture, transmitting, pursuant to tion and Energy Efficiency, Department of ant Administrator for Procurement, Na- law, the report of a rule entitled ‘‘Apricots Energy, transmitting, pursuant to law, the tional Aeronautics and Space Administra- Grown in Designated Counties in Wash- report of a rule entitled ‘‘Energy Conserva- tion, transmitting, pursuant to law, the re- ington; Increased Assessment Rate’’ (Docket tion Program: Test Procedure for Commer- port of a rule entitled ‘‘Revisions to Uniform No. AMS–SC–16–0050) received during ad- cial Packaged Boilers’’ (RIN1904–AD16) re- Administrative Requirements, Cost Prin- journment of the Senate in the Office of the ceived during adjournment of the Senate in ciples and Audit Requirements for Federal President of the Senate on November 4, 2016; the Office of the President of Senate on No- Awards’’ (RIN2700–AE29) received during ad- to the Committee on Agriculture, Nutrition, vember 10, 2016; to the Committee on Energy journment of the Senate in the Office of the and Forestry. and Natural Resources. President of the Senate on November 2, 2016; EC–7549. A communication from the Acting EC–7557. A communication from the Assist- to the Committee on Commerce, Science, Director of Program Development and Regu- ant General Counsel for Legislation, Regula- and Transportation. latory Analysis, Rural Utilities Service, De- tion and Energy Efficiency, Department of EC–7541. A communication from the Direc- partment of Agriculture, transmitting, pur- Energy, transmitting, pursuant to law, the tor of the Regulatory Management Division, suant to law, the report of a rule entitled report of a rule entitled ‘‘Energy Conserva- Environmental Protection Agency, transmit- ‘‘New Equipment Contract, RUS Contract tion Program for Certain Commercial and ting, pursuant to law, the report of a rule en- Form 395 for Telecommunications and Industrial Equipment: Test Procedure for titled ‘‘Trifloxystrobin; Pesticide Toler- Broadband Borrowers’’ (RIN0572–AC29) re- Commercial Water Heating Equipment’’ ances’’ (FRL No. 9954–04) received during ad- ceived during adjournment of the Senate in (RIN1904–AD18) received during adjournment journment of the Senate in the Office of the the Office of the President of the Senate on of the Senate in the Office of the President President of the Senate on November 9, 2016; November 4, 2016; to the Committee on Agri- of Senate on November 10, 2016; to the Com- to the Committee on Agriculture, Nutrition, culture, Nutrition, and Forestry. mittee on Energy and Natural Resources. and Forestry. EC–7550. A communication from the Under EC–7558. A communication from the Con- EC–7542. A communication from the Direc- Secretary of Defense (Acquisition, Tech- servation Policy Specialist, Fish and Wild- tor of the Regulatory Management Division, nology, and Logistics), transmitting, pursu- life Service, Department of the Interior, Environmental Protection Agency, transmit- ant to law, a report relative to the Presi- transmitting, pursuant to law, the report of ting, pursuant to law, the report of a rule en- dential Aircraft Recapitalization (PAR) pro- a rule entitled ‘‘Management of Non-Federal titled ‘‘Prothioconazole; Pesticide Toler- gram; to the Committee on Armed Services. Oil and Gas Rights’’ (RIN1018–AX36) received ances’’ (FRL No. 9953–71) received during ad- EC–7551. A communication from the Alter- in the Office of the President of the Senate journment of the Senate in the Office of the nate Federal Register Liaison Officer, Office on November 15, 2016; to the Committee on President of the Senate on November 9, 2016; of the Secretary, Department of Defense, Energy and Natural Resources. to the Committee on Agriculture, Nutrition, transmitting, pursuant to law, the report of EC–7559. A communication from the Direc- and Forestry. a rule entitled ‘‘Civilian Health and Medical tor of the Regulatory Management Division, EC–7543. A communication from the Direc- Program of the Uniformed Services Environmental Protection Agency, transmit- tor of the Regulatory Management Division, (CHAMPUS)/TRICARE: Refills of Mainte- ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- nance Medications Through Military Treat- titled ‘‘State of Nebraska; Authorization of ting, pursuant to law, the report of a rule en- ment Facility Pharmacies or National Mail State Hazardous Waste Management Pro- titled ‘‘Iron oxide yellow; Exemption from Order Pharmacy Program’’ (RIN0720–AB64) gram’’ (FRL No. 9955–25–Region 7) received in

VerDate Sep 11 2014 05:14 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.003 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6468 CONGRESSIONAL RECORD — SENATE November 17, 2016 the Office of the President of the Senate on EC–7568. A communication from the Direc- adjournment of the Senate in the Office of November 15, 2016; to the Committee on En- tor of the Regulatory Management Division, the President of the Senate on November 9, vironment and Public Works. Environmental Protection Agency, transmit- 2016; to the Committee on Environment and EC–7560. A communication from the Direc- ting, pursuant to law, the report of a rule en- Public Works. tor of the Regulatory Management Division, titled ‘‘Determination of Full Program Ade- EC–7576. A communication from the Assist- Environmental Protection Agency, transmit- quacy of Washington’s Municipal Solid ant Secretary of the Army (Civil Works), ting, pursuant to law, the report of a rule en- Waste Landfill Permitting Program’’ (FRL transmitting, pursuant to law, a report rel- titled ‘‘Revisions to the California State Im- No. 9928–27–Region 10) received during ad- ative to the Houston-Galveston Navigation plementation Plan; South Coast Air Quality journment of the Senate in the Office of the Channels, Texas, project; to the Committee Management District; Control of Oxides of President of the Senate on November 4, 2016; on Environment and Public Works. Nitrogen Emissions from Off-Road Diesel Ve- to the Committee on Environment and Pub- EC–7577. A communication from the Acting hicles’’ (FRL No. 9954–78–Region 9) received lic Works. Chief of the Unified Listing Team, Fish and in the Office of the President of the Senate EC–7569. A communication from the Direc- Wildlife Service, Department of the Interior, on November 15, 2016; to the Committee on tor of the Regulatory Management Division, transmitting, pursuant to law, the report of Environment and Public Works. Environmental Protection Agency, transmit- a rule entitled ‘‘Endangered and Threatened EC–7561. A communication from the Direc- ting, pursuant to law, the report of a rule en- Wildlife and Plants; Adding Ten Species and tor of the Regulatory Management Division, titled ‘‘Air Plan Approval; NH; Rules for Re- Updating Five Species on the List of Endan- Environmental Protection Agency, transmit- ducing Particulate Emissions’’ (FRL No. gered and Threatened Wildlife’’ (RIN1018– ting, pursuant to law, the report of a rule en- 9953–83–Region 1) received during adjourn- BB82) received in the Office of the President titled ‘‘Revisions to Procedure 2 - Quality ment of the Senate in the Office of the Presi- of the Senate on November 15, 2016; to the Assurance Requirements for Particulate dent of the Senate on November 4, 2016; to Committee on Environment and Public Matter Continuous Emission Monitoring the Committee on Environment and Public Works. Systems at Stationary Sources’’ ((RIN2060– Works. EC–7578. A communication from the Chief AT15) (FRL No. 9955–20–OAR)) received in the EC–7570. A communication from the Direc- of the Branch of Recovery and State Grants, Office of the President of the Senate on No- tor of the Regulatory Management Division, Fish and Wildlife Service, Department of the vember 15, 2016; to the Committee on Envi- Environmental Protection Agency, transmit- Interior, transmitting, pursuant to law, the ronment and Public Works. ting, pursuant to law, the report of a rule en- report of a rule entitled ‘‘Endangered and EC–7562. A communication from the Direc- titled ‘‘Clean Air Act Redesignation Sub- Threatened Wildlife and Plants; Removal of tor of the Regulatory Management Division, stitute for the Dallas-Fort Worth 1-hour Solidago albopilosa (White-haired Gold- Environmental Protection Agency, transmit- Ozone and 1997 8-hour Ozone Nonattainment enrod) From the Federal List of Endangered ting, pursuant to law, the report of a rule en- Areas; Texas’’ (FRL No. 9953–93–Region 6) re- and Threatened Plants’’ (RIN1018–BA46) re- titled ‘‘Ocean Disposal; Designation of a ceived during adjournment of the Senate in ceived in the Office of the President of the Dredged Material Disposal Site in Eastern the Office of the President of the Senate on Senate on November 15, 2016; to the Com- Region of Long Island Sound; Connecticut’’ November 4, 2016; to the Committee on Envi- mittee on Environment and Public Works. (FRL No. 9955–13–Region 1) received in the ronment and Public Works. EC–7579. A communication from the Chief Office of the President of the Senate on No- EC–7571. A communication from the Direc- of the Branch of Recovery and State Grants, vember 15, 2016; to the Committee on Envi- tor of the Regulatory Management Division, Fish and Wildlife Service, Department of the ronment and Public Works. Environmental Protection Agency, transmit- Interior, transmitting, pursuant to law, the EC–7563. A communication from the Direc- ting, pursuant to law, the report of a rule en- report of a rule entitled ‘‘Endangered and tor of the Regulatory Management Division, titled ‘‘Clean Air Act Redesignation Sub- Threatened Wildlife and Plants; Reclassi- Environmental Protection Agency, transmit- stitute for the Houston-Galveston-Brazoria fying the Columbia River Distinct Popu- ting, pursuant to law, the report of a rule en- 1997 8-hour Ozone Nonattainment Area; lation Segment of the Columbian White- titled ‘‘Hazardous Waste Generator Improve- Texas’’ (FRL No. 9953–89–Region 6) received Tailed Deer as Threatened With a Rule ments Rule’’ ((RIN2050–AG70) (FRL No. 9947– during adjournment of the Senate in the Of- Under Section 4(d) of the Act’’ (RIN1018– 26–OLEM)) received in the Office of the BA30) received in the Office of the President President of the Senate on November 15, fice of the President of the Senate on No- of the Senate on November 15, 2016; to the 2016; to the Committee on Environment and vember 4, 2016; to the Committee on Environ- Committee on Environment and Public Public Works. ment and Public Works. EC–7564. A communication from the Direc- EC–7572. A communication from the Direc- Works. EC–7580. A communication from the Chief tor of the Regulatory Management Division, tor of the Regulatory Management Division, of the Publications and Regulations Branch, Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- Internal Revenue Service, Department of the ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- Treasury, transmitting, pursuant to law, the titled ‘‘Hazardous Waste Export-Import Re- titled ‘‘Rescission of Preconstruction Per- report of a rule entitled ‘‘Removal of the 36- visions’’ ((RIN2050–AG77) (FRL No. 9947–74– mits Issued Under the Clean Air Act’’ OLEM)) received in the Office of the Presi- ((RIN2060–AS56) (FRL No. 9954–88–OAR)) re- month Non-payment Testing Period Rule’’ dent of the Senate on November 15, 2016; to ceived during adjournment of the Senate in ((RIN1545–BM01) (TD 9793)) received during the Committee on Environment and Public the Office of the President of the Senate on adjournment of the Senate in the Office of Works. November 4, 2016; to the Committee on Envi- the President of the Senate on November 10, EC–7565. A communication from the Direc- ronment and Public Works. 2016; to the Committee on Finance . tor of the Regulatory Management Division, EC–7573. A communication from the Direc- EC–7581. A communication from the Regu- Environmental Protection Agency, transmit- tor of the Regulatory Management Division, lations Coordinator, Centers for Medicare ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- and Medicaid Services, Department of titled ‘‘Approval and Promulgation of Imple- ting, pursuant to law, the report of a rule en- Health and Human Services, transmitting, mentation Plans; State of Arizona; Revised titled ‘‘Significant New Use Rules on Certain pursuant to law, the report of a rule entitled Format for Materials Incorporated By Ref- Chemical Substances’’ ((RIN2070–AB27) (FRL ‘‘Medicare Programs: Revisions to Payment erence’’ (FRL No. 9948–55–Region 9) received No. 9953–41)) received during adjournment of Policies under the Physician Fee Schedule in the Office of the President of the Senate the Senate in the Office of the President of and Other Revisions to Part B for CY 2017; on November 15, 2016; to the Committee on the Senate on November 9, 2016; to the Com- Medicare Advantage Bid Pricing Data Re- Environment and Public Works. mittee on Environment and Public Works. lease; Medicare Advantage and Part D Med- EC–7566. A communication from the Direc- EC–7574. A communication from the Direc- ical Loss Ratio Data Release; Medicare Ad- tor of the Regulatory Management Division, tor of the Regulatory Management Division, vantage Provider Network Requirements; Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- Expansion of Medicare Diabetes Prevention ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- Program Model; Medicare Shared Savings titled ‘‘Air Quality Plan; Georgia; Infra- titled ‘‘Promulgation of Air Quality Imple- Program Requirements’’ (RIN0938–AS82) re- structure Requirements for the 2012 PM2.5 mentation Plans; Arizona; Regional Haze ceived during adjournment of the Senate in NAAQS’’ (FRL No. 9955–32–Region 4) received Federal Implementation Plan; Reconsider- the Office of the President of the Senate on in the Office of the President of the Senate ation’’ (FRL No. 9955–17–Region 9) received November 10, 2016; to the Committee on Fi- on November 15, 2016; to the Committee on during adjournment of the Senate in the Of- nance. Environment and Public Works. fice of the President of the Senate on No- EC–7582. A communication from the Chief EC–7567. A communication from the Direc- vember 9, 2016; to the Committee on Environ- of the Publications and Regulations Branch, tor of the Regulatory Management Division, ment and Public Works. Internal Revenue Service, Department of the Environmental Protection Agency, transmit- EC–7575. A communication from the Direc- Treasury, transmitting, pursuant to law, the ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, report of a rule entitled ‘‘Applicability of titled ‘‘Air Plan Approval; KY Infrastructure Environmental Protection Agency, transmit- Section 411(b)(5)(B)(i) to Implicit Interest Requirements for the 2010 1-hour NO2 ting, pursuant to law, the report of a rule en- Pensions Equity Plans’’ (Notice 2016–67) re- NAAQS’’ (FRL No. 9955–19–Region 4) received titled ‘‘Approval and Promulgation of Imple- ceived during adjournment of the Senate in in the Office of the President of the Senate mentation Plans: Texas; Approval of Substi- the Office of the President of the Senate on on November 15, 2016; to the Committee on tution for Transportation Control Measures’’ November 8, 2016; to the Committee on Fi- Environment and Public Works. (FRL No. 9954–36–Region 6) received during nance.

VerDate Sep 11 2014 05:14 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.005 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6469 EC–7583. A communication from the Regu- bia, transmitting, pursuant to law, a report vember 9, 2016; to the Committee on Home- lations Coordinator, Centers for Medicare on D.C. Act 21–519, ‘‘Extension of Time to land Security and Governmental Affairs. and Medicaid Services, Department of Dispose of 1300 H Street, N.E., and Approval EC–7602. A communication from the Execu- Health and Human Services, transmitting, of Amended Term Sheet Temporary Amend- tive Director of the Federal Labor Relations pursuant to law, the report of a rule entitled ment Act of 2016’’; to the Committee on Authority, transmitting, pursuant to law, ‘‘Medicare Program; CY 2017 Inpatient Hos- Homeland Security and Governmental Af- the Office of Inspector General Semiannual pital Deductible and Hospital and Extended fairs. Report for the period of April 1, 2016 through Care Services Coinsurance Amounts’’ EC–7592. A communication from the Chair- September 30, 2016; to the Committee on ((RIN0938–AS70) (CMS–8062-N)) received dur- man of the Council of the District of Colum- Homeland Security and Governmental Af- ing adjournment of the Senate in the Office bia, transmitting, pursuant to law, a report fairs. of the President of the Senate on November on D.C. Act 21–520, ‘‘Fort Dupont Ice Arena EC–7603. A communication from the Dep- 14, 2016; to the Committee on Finance. Programming Temporary Amendment Act of uty Director of Regulations and Policy Man- EC–7584. A communication from the Regu- 2016’’; to the Committee on Homeland Secu- agement Staff, Food and Drug Administra- lations Coordinator, Centers for Medicare rity and Governmental Affairs. tion, Department of Health and Human Serv- and Medicaid Services, Department of EC–7593. A communication from the Chair- ices, transmitting, pursuant to law, the re- Health and Human Services, transmitting, man of the Council of the District of Colum- port of a rule entitled ‘‘Listing of Color Ad- pursuant to law, the report of a rule entitled bia, transmitting, pursuant to law, a report ditives Exempt From Certification; Tita- ‘‘Medicare Program: CY 2017 Part A Pre- on D.C. Act 21–521, ‘‘Child and Youth, Safety nium Dioxide and Listing of Color Additives miums for the Uninsured Aged and for Cer- and Health Omnibus Temporary Amendment Subject to Certification; [Phthalocyaninato tain Disabled Individuals Who Have Ex- Act of 2016’’; to the Committee on Homeland (2-)] Copper’’ (Docket No. FDA–2016–F–0821) hausted Other Entitlement’’ ((RIN0938–AS71) Security and Governmental Affairs. received during adjournment of the Senate (CMS–8063-N)) received during adjournment EC–7594. A communication from the Execu- in the Office of the President of the Senate of the Senate in the Office of the President tive Director of the Federal Labor Relations on November 7, 2016; to the Committee on of the Senate on November 14, 2016; to the Authority, transmitting, pursuant to law, Health, Education, Labor, and Pensions. Committee on Finance. the Office of Inspector General Semiannual EC–7604. A communication from the Assist- EC–7585. A communication from the Regu- Report for the period of April 1, 2016 through ant Secretary for Legislation, Department of lations Coordinator, Centers for Medicare September 30, 2016; to the Committee on Health and Human Services, transmitting, and Medicaid Services, Department of Homeland Security and Governmental Af- pursuant to law, a report entitled ‘‘Evalua- Health and Human Services, transmitting, fairs. tion Findings—Performance Improvement pursuant to law, the report of a rule entitled EC–7595. A communication from the Ad- 2014–2015 Report’’; to the Committee on ‘‘Medicare Program: Medicare Part B Month- ministrator, Federal Emergency Manage- Health, Education, Labor, and Pensions. ly Actuarial Rates, Premium Rate, and An- ment Agency, Department of Homeland Se- EC–7605. A communication from the Assist- nual Deductible Beginning January 1, 2017’’ curity, transmitting, pursuant to law, a re- ant Secretary for Legislation, Department of ((RIN0938–AS72) (CMS–8064-N)) received dur- port relative to the cost of response and re- Health and Human Services, transmitting, ing adjournment of the Senate in the Office covery efforts for FEMA–3376-EM in the pursuant to law, a report entitled ‘‘2016 Re- of the President of the Senate on November State of Louisiana having exceeded the port to Congress on Health IT Progress: Ex- 14, 2016; to the Committee on Finance. $5,000,000 limit for a single emergency dec- amining the HITECH Era and the Future of EC–7586. A communication from the Regu- laration; to the Committee on Homeland Se- Health IT’’; to the Committee on Health, lations Coordinator, Centers for Medicare curity and Governmental Affairs. Education, Labor, and Pensions. and Medicaid Services, Department of EC–7596. A communication from the Archi- EC–7606. A communication from the Dep- Health and Human Services, transmitting, vist of the United States, National Archives uty Assistant General Counsel for the Divi- pursuant to law, the report of a rule entitled and Records Administration, transmitting, sion of Regulatory Services, Office of Ele- ‘‘Medicaid Program: Covered Outpatient pursuant to law, a report relative to the Ad- mentary and Secondary Education, Depart- Drug; Delay in Change in Definitions of ministration’s fiscal year 2016 Financial Re- ment of Education, transmitting, pursuant States and the United States’’ ((RIN0938– port; to the Committee on Homeland Secu- to law, the report of a rule entitled ‘‘Elemen- AT09) (CMS–2345-IFC)) received during ad- rity and Governmental Affairs. tary and Secondary Education Act of 1965, As journment of the Senate in the Office of the EC–7597. A communication from the Board Amended By the Every Student Succeeds President of the Senate on November 14, Chair and Chief Executive Officer, Farm Act—Accountability and State Plans’’ 2016; to the Committee on Finance. Credit Administration, transmitting, pursu- (RIN1810–AB27) received in the Office of the EC–7587. A communication from the Chief ant to law, the Administration’s Semiannual President pro tempore of the Senate; to the of the Publications and Regulations Branch, Report of the Inspector General and the Committee on Health, Education, Labor, and Internal Revenue Service, Department of the Semiannual Management Report on the Sta- Treasury, transmitting, pursuant to law, the Pensions. EC–7607. A communication from the Fed- report of a rule entitled ‘‘Sections 4375 and tus of Audits for the period from April 1, 2016 eral Liaison Officer, Patent and Trademark 4376—Insured and Self-Insured Health Plans through September 30, 2016; to the Com- Office, Department of Commerce, transmit- Adjusted Applicable Dollar Amount for Fee mittee on Homeland Security and Govern- ting, pursuant to law, the report of a rule en- Imposed by sections 4375 and 4376’’ (Notice mental Affairs. EC–7598. A communication from the Chair titled ‘‘International Trademark Classifica- 2016–64) received during adjournment of the of the Board of Governors, Federal Reserve tion Changes’’ (RIN0651–AD12) received dur- Senate in the Office of the President of the Senate on November 9, 2016; to the Com- System, transmitting, pursuant to law, the ing adjournment of the Senate in the Office mittee on Finance. Inspector General’s Semiannual Report for of the President of the Senate on November EC–7588. A communication from the Assist- the six-month period from April 1, 2016 4, 2016; to the Committee on the Judiciary. ant Secretary, Legislative Affairs, Depart- through September 30, 2016; to the Com- EC–7608. A communication from the Policy ment of State, transmitting, pursuant to mittee on Homeland Security and Govern- Officer, Department of the Army, Depart- law, a report relative to the amendment of a mental Affairs. ment of Defense, transmitting, pursuant to designation of a group as a Foreign Terrorist EC–7599. A communication from the Chair- law, the report of a rule entitled ‘‘Army Na- Organization by the Secretary of State man of the Council of the District of Colum- tional Military Cemeteries’’ (RIN0702–AA60) (OSS–2016–1355); to the Committee on For- bia, transmitting, pursuant to law, a report received during adjournment of the Senate eign Relations. on D.C. Act 21–522, ‘‘Closing of Public Streets in the Office of the President of the Senate EC–7589. A communication from the Assist- and Dedication of Land for Street and Alley on November 10, 2016; to the Committee on ant Secretary, Legislative Affairs, Depart- Purposes in and abutting Squares 3953, 3954, Veterans’ Affairs. ment of State, transmitting, pursuant to 4024, 4025, and Parcel 143/45, S.O. 14–20357, Act EC–7609. A communication from the Dep- law, a report prepared by the Department of of 2016’’; to the Committee on Homeland Se- uty Bureau Chief, Public Safety and Home- State on progress toward a negotiated solu- curity and Governmental Affairs. land Security Bureau, Federal Communica- tion of the Cyprus question covering the pe- EC–7600. A communication from the Execu- tions Commission, transmitting, pursuant to riod June 1, 2016 through July 31, 2016; to the tive Director, Federal Trade Commission, law, the report of a rule entitled ‘‘Wireless Committee on Foreign Relations. transmitting, pursuant to law, a report rel- Emergency Alerts; Amendments to Part 11 of EC–7590. A communication from the Assist- ative to the restating of the Commission’s the Commission’s Rules Regarding the Emer- ant Secretary, Legislative Affairs, Depart- fiscal year 2015 balance sheet; to the Com- gency Alert System’’ ((FCC 16–127) (PS Dock- ment of State, transmitting, pursuant to mittee on Homeland Security and Govern- et No. 15–91 and PS Docket No. 15–94)) re- law, a report consistent with the Authoriza- mental Affairs. ceived during adjournment of the Senate in tion for Use of Military Force Against Iraq EC–7601. A communication from the Asso- the Office of the President of the Senate on Resolution of 2002 (P.L. 107–243) and the Au- ciate General Counsel for General Law, De- November 14, 2016; to the Committee on thorization for the Use of Force Against Iraq partment of Homeland Security, transmit- Commerce, Science, and Transportation. Resolution (P.L. 102–1) for the June 10, 2016– ting, pursuant to law, a report relative to a EC–7610. A communication from the Attor- August 9, 2016 reporting period; to the Com- vacancy in the position of Deputy Secretary, ney-Advisor, U.S. Coast Guard, Department mittee on Foreign Relations. Department of Homeland Security, received of Homeland Security, transmitting, pursu- EC–7591. A communication from the Chair- during adjournment of the Senate in the Of- ant to law, the report of a rule entitled ‘‘Spe- man of the Council of the District of Colum- fice of the President of the Senate on No- cial Local Regulation; Suncoast Super Boat

VerDate Sep 11 2014 06:45 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.007 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6470 CONGRESSIONAL RECORD — SENATE November 17, 2016 Grand Prix; Gulf of Mexico, Sarasota, FL’’ were referred or ordered to lie on the cultural sector one of the most important ((RIN1625–AA00) (Docket No. USCG–2016– table as indicated: sectors to examine when considering water 0418)) received during adjournment of the POM–216. A concurrent memorial adopted conservation; and Senate in the Office of the President of the Whereas, Even modest improvements in by the Legislature of the State of Arizona Senate on July 20, 2016; to the Committee on agricultural water use can result in signifi- urging the United States Congress to enact Commerce, Science, and Transportation. cant amounts of water not being depleted re- the Resilient Federal Forests Act; to the EC–7611. A communication from the Attor- gionwide, which can then be utilized else- Committee on Agriculture, Nutrition, and ney-Advisor, U.S. Coast Guard, Department where; and Forestry. of Homeland Security, transmitting, pursu- Whereas, Precision agricultural manage- ant to law, the report of a rule entitled ‘‘Spe- SENATE CONCURRENT MEMORIAL 1011 ment studies have shown than farmers can cial Local Regulation; Black Warrior River, Whereas, national forest lands are the larg- reduce the amount of water, fertilizer, and Mile 338.8 to 341.9; Tuscaloosa, AL’’ est single source of water in the United pesticide needed by their fields by utilizing ((RIN1625–AA00) (Docket No. USCG–2016– States and, in some regions of the west, con- high-resolution, high-quality remotely 0576)) received during adjournment of the tribute nearly 50% of the overall water sup- sensed imagery to guide their application ef- Senate in the Office of the President of the ply; and forts of water, fertilizer, and pesticide; and Senate on July 20, 2016; to the Committee on Whereas, the unhealthy state of these for- Whereas, Small unmanned aircraft systems Commerce, Science, and Transportation. ests has resulted in catastrophic wildfires (sUAS) have the capability to quickly pro- EC–7612. A communication from the Attor- that are threatening the reliability, volume vide expansive, high-resolution, and high- ney-Advisor, U.S. Coast Guard, Department and quality of water for tens of millions of quality remotely sensed imagery that can of Homeland Security, transmitting, pursu- Americans; and measure specific bands in the solar spec- ant to law, the report of a rule entitled Whereas, severe drought and record-break- trum, such as the thermal infrared band, ‘‘Safety Zone; Houma Navigation Canal ing wildfire seasons have highlighted the which allows farmers to better understand miles 23 to 23.5, Dulac, LA’’ ((RIN1625–AA00) need for the implementation of a process and manage their water use; and (Docket No. USCG–2016–0650)) received dur- that would require and provide for the Whereas, The Federal Aviation Adminis- ing adjournment of the Senate in the Office United States Forest Service to accelerate tration (FAA) is currently in the process of the President of the Senate on July 20, restoration work in our national forests, adopting rules for the usage of sUAS in agri- 2016; to the Committee on Commerce, which would protect critical headwaters and Science, and Transportation. cultural management; and make forest lands more resilient against pro- EC–7613. A communication from the Attor- Whereas, Flights of sUAS, for the purposes ney-Advisor, U.S. Coast Guard, Department longed dry conditions, insect infestation and of precision agricultural management, could of Homeland Security, transmitting, pursu- fire; and occur safely at low altitudes, in rural areas Whereas, failure to take quick action will ant to law, the report of a rule entitled removed from other air traffic and human ‘‘Safety Zone; Hudson River, Edgewater, NJ’’ result in a continued increase in the fre- populations, and in accordance with the ((RIN1625–AA00) (Docket No. USCG–2016– quency and intensity of destructive FAA’s proposed guidelines; and 0648)) received during adjournment of the wildfires, impacting the nation’s water re- Whereas, Small unmanned aircraft systems Senate in the Office of the President of the sources for decades at considerable cost to have been used in precision agricultural Senate on July 20, 2016; to the Committee on stakeholders and United States taxpayers; management in Japan for a decade, success- Commerce, Science, and Transportation. and fully optimizing and monitoring the manage- EC–7614. A communication from the Attor- Whereas, the customs, cultures and eco- ment of 2.5 million acres of farmland, 40 per- ney-Advisor, U.S. Coast Guard, Department nomic well-being of our local communities, cent of which are rice fields, without any sig- of Homeland Security, transmitting, pursu- as well as important historic and cultural as- nificant reported incidents; and ant to law, the report of a rule entitled pects of our local heritage, are being ignored, Whereas, Several University of California ‘‘Safety Zone; Navy UNDET, Apra Outer which adversely affects the lives and jobs of campuses and the California State Univer- Harbor, GU’’ ((RIN1625–AA00) (Docket No. the people of the United States and dev- sity system are developing precision agri- USCG–2016–0555)) received during adjourn- astates local and state economies; and culture applications with sUAS to help save ment of the Senate in the Office of the Presi- Whereas, on June 4, 2015, Representative water and improve crop and environmental dent of the Senate on July 20, 2016; to the Bruce Westerman introduced H.R. 2647, the monitoring. For example, the Mechatronics Committee on Commerce, Science, and Resilient Federal Forests Act. The bill Embedded Systems and Automation Lab at Transportation. passed in the House on July 9, 2015 and was the University of California, Merced, has de- EC–7615. A communication from the Attor- transmitted to the Senate, where it died in veloped numerous innovations for precision ney-Advisor, U.S. Coast Guard, Department committee; and agricultural management with sUAS; and of Homeland Security, transmitting, pursu- Whereas, the Resilient Federal Forests Act Whereas, Flights of sUAS also have the ca- ant to law, the report of a rule entitled expedites and improves forest management pacity for detecting invasive plant species ‘‘Safety Zone; Tennessee River 385.0–387.0; activities through a collaborative process, that deplete high amounts of water such as Scottsboro, AL’’ ((RIN1625–AA00) (Docket resulting in the protection of water re- yellow star thistle, arundo, tamarisk, and No. USCG–2016–0467)) received during ad- sources. cheatgrass, which serve no agricultural pur- journment of the Senate in the Office of the Wherefore your memorialist, the Senate of pose and removal of which would help in President of the Senate on July 20, 2016; to the State of Arizona, the House of Rep- water conservation efforts; and the Committee on Commerce, Science, and resentative concurring, prays: Whereas, The use of sUAS is an emerging Transportation. 1. That the United States Congress enact technology and has great promise for the de- EC–7616. A communication from the Dep- the Resilient Federal Forests Act. velopment of models that forecast and pre- uty Assistant Administrator for Regulatory 2. That the Secretary of State of the State dict economic impacts of droughts and mete- Programs, Office of Sustainable Fisheries, of Arizona transmit copies of this Memorial orological phenomena: Now, therefore, be it Department of Commerce, transmitting, pur- to the President of the United States Senate, Resolved by the Senate and the Assembly of suant to law, the report of a rule entitled the Speaker of the United States House of the State of California, jointly, That, due to ‘‘Designating the Sakhalin Bay-Nikolaya Representatives and each Member of Con- the severity of the drought gripping the Bay-Amur River Stock of Beluga Whales as a gress from the State of Arizona. western United States, the California Legis- Depleted Stock Under the Marine Mammal lature respectfully requests the President of Protection Act (MMPA)’’ (RIN0648–BF55) re- POM–217. A joint resolution adopted by the the United States and the United States Sec- ceived during adjournment of the Senate in Legislature of the State of California rel- retary of Transportation, more specifically the Office of the President of the Senate on ative to small unmanned aircraft systems; to the FAA, to allow for the operation of sUAS November 9, 2016; to the Committee on Com- the Committee on Commerce, Science, and by farmers and rangeland managers pursuant merce, Science, and Transportation. Transportation. to emergency rules adopted by the adminis- EC–7617. A communication from the Fed- SENATE JOINT RESOLUTION NO. 18 tration before the FAA rules for sUAS are fi- eral Register Liaison Officer, Alcohol and Whereas, In the western United States, nalized. The emergency rules should be based Tobacco Tax and Trade Bureau, Department water is a vital and scarce resource, the on the proposed FAA rules for sUAS that of the Treasury, transmitting, pursuant to availability of which has and continues to were released in February 2015 and that in- law, the report of a rule entitled ‘‘Establish- circumscribe growth, development, economic corporate all of the following: ment of the Appalachian High Country well-being, and environmental quality of (a) That the emergency FAA rules for Viticultural Area’’ (RIN1513–AC25) received life; and sUAS operation be applicable to counties lo- during adjournment of the Senate in the Of- Whereas, The wise use, conservation, de- cated in the western portion of the United fice of the President of the Senate on No- velopment, and management of our water re- States that are projected to be in drought vember 9, 2016; to the Committee on Com- sources is critical to maintaining human during the current growing season, as de- merce, Science, and Transportation. life, health, safety, and property; and fined by the National Oceanic and Atmos- f Whereas, The western United States is cur- pheric Association’s Seasonal Drought Out- PETITIONS AND MEMORIALS rently experiencing serious drought condi- look. tions that are predicted to worsen; and (b) That the emergency FAA rules for The following petitions and memo- Whereas, Agricultural irrigation uses a sig- sUAS operation allow Farmers to contract rials were laid before the Senate and nificant amount of water, making the agri- with sUAS flight service providers to execute

VerDate Sep 11 2014 05:14 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.009 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6471 missions on their behalf in the airspace over- which represents the first long-term federal responsibility extends to all lands within Ar- lying lands that they own or control under transportation bill in more than a decade; izona to ensure abundant wildlife resources the proposed FAA rules for sUAS. and for current and future generations; and (c) That the emergency FAA rules for Whereas, The FAST Act provides Cali- Whereas, the designation of Arizona’s pub- sUAS operations that allow universities and fornia and other states with long-term cer- lic lands as wilderness areas has resulted in government agencies seeking to operate or tainty and stability in financing transpor- the erosion of the Arizona Game and Fish procure providers for sUAS missions for tation projects by providing marginal in- Department’s ability to comply with its fed- drought-related research or precision man- creases in most existing highway and transit eral mandate to proactively recover threat- agement applications be given expedited ap- programs, as well as $2.1 billion annually in ened and endangered species; and proval. new freight investment; and Whereas, according to federal land man- (d) That the emergency FAA rules for Whereas, The FAST Act still falls short of agement agency guidelines, an administra- sUAS operation also allow farmers and the level of investment needed to rebuild tively recommended wilderness area must be rangeland managers to use sUAS imagery to California’s and the nation’s infrastructure managed to ‘‘protect and maintain the social detect highly water-depletive invasive spe- because the United States congress has not and ecological characteristics that provide cies on their land or public lands that they raised the federal fuel excise tax that tradi- the basis for wilderness recommendation’’ in manage; and be it further tionally has funded transportation since perpetuity or until Congress takes action to Resolved, That the Secretary of the Senate 1993, and meanwhile, the tax has lost more formally designate the area as a wilderness transmit copies of this resolution to the than 55 percent of its purchasing power and area; and Whereas, allowable activities within ad- President and Vice President of the United Congress has been unable to agree on an al- ministratively recommended wilderness States, the Speaker of the House of Rep- ternative to restore that funding gap: Now, areas will be left to the discretion of federal resentatives, the Majority Leader of the Sen- therefore, be it staff and deciding officers, resulting in even ate, each Senator and Representative from Resolved by the Senate and the Assembly of greater restrictions and limitations than California in the Congress of, the United the State of California, jointly, That the Legis- those formally vetted and designated by Con- States, and the Federal Aviation Adminis- lature commends. Congress and the Presi- gress; and tration. dent of the United States for enacting the Whereas, congressionally designated wil- FAST Act to provide stability and reliability derness provides clearer guidance for man- POM–218. A joint resolution adopted by the in federal transportation funding over the agement and coordination with this state, Legislature of the State of California rel- next five years; and be it further, specific processes for wildlife management ative to federal transportation funding; to Resolved, That the Legislature urges Con- exemptions and direction for collaboration the Committee on Commerce, Science and gress and the President to fully fund the via existing state agreements and guidelines; Transportation. Transportation Investment Generating Eco- and SENATE JOINT RESOLUTION NO. 24 nomic Recovery (TIGER) program at a level Whereas, administratively recommended of $525 million in the 2017 fiscal year to pro- Whereas, California’s transportation infra- wilderness areas circumvent the spirit of vide additional critical transportation in- structure is aging and in serious need of re- NEPA and congressional intent and lack vestment in California and elsewhere; and be pair with the state facing a $59 billion short- transparency; and it further fall to bring the existing state highway sys- Whereas, with the implementation of fed- Resolved, That the Legislature urges Con- tem to a state of good repair over the next eral land management plans, recommended gress and the President to work together to decade and with California cities and coun- wilderness areas constitute a significant and finally find a long-term, sustainable funding ties facing a $78 billion shortfall in restoring immediate change in management without a solution to restore the lost purchasing power their own systems over the same period; and fully disclosed impact analysis required by of the federal fuel excise tax, and provide Whereas, California motorists spend $17 NEPA; and California and the rest of the country with Whereas, the federal land management billion annually in extra maintenance and the resources needed to rebuild its infra- plans lack full NEPA disclosure of potential car repair bills, more than $700 per driver, structure, invest in its people through good, impacts to this state and the public, assur- due to the state’s poorly maintained roads; well-paying jobs, and restore our economy; ances protecting this state’s ability to and and be it further proactively manage wildlife and fulfill its Whereas, Freight, transportation is crit- Resolved, That the Secretary of the Senate public trust responsibility, including specific ical to the economic vitality of the United transmit copies of this resolution to the management activities, and analyses of the States and robust investment in safe and ef- President and Vice President of the United cumulative impacts of further loss of public ficient transportation facilities and infra- States, to the Speaker of the House of Rep- lands that provide for multiple-use and wild- structure is essential to promoting strong resentatives, to the Majority Leader of the life-related recreational and economic oppor- economic growth in California and through- Senate, to each Senator and Representative tunities; and out the nation; and from California in the Congress of the United Whereas, the areas being recommended as Whereas, California has the most exten- States, and to the author for appropriate dis- wilderness were not included within the sive, complex, and interconnected freight tribution. original wilderness designations with pur- system in the country, including a system of poseful intent by Congress; and seaports stretching from the City of Hum- POM–219. A concurrent memorial adopted Whereas, the subsequent expansion of pre- boldt to the City of San Diego, six inter- by the Legislature of the State of Arizona viously designated wilderness is an over- national land ports of entry along the United urging the-United States Congress to act to reach of the federal agencies and disingen- States-Mexico border, and a vast network of prohibit federal agencies from recom- uous to the public, subverting original col- freight rail lines and truck routes which en- mending and identifying Arizona’s public laboration, coordination, negotiation and able the state to serve as the nation’s gate- lands as wilderness areas without express agreements; and way to international trade; and congressional consent; to the Committee on Whereas, the federal agency planning docu- Whereas, California’s freight network Energy and Natural Resources. ments suggest that no significant manage- moves 1.8 billion tons of goods, valued at ment action or recommendation to Congress more than $2 trillion, throughout the state; SENATE CONCURRENT MEMORIAL 1014 will take place before further NEPA analyses the vast majority of which travels to des- Whereas, through federal land manage- are completed. Within the recently released tinations beyond the state’s borders; and ment planning and associated guidelines, Prescott and Apache-Sitgreaves National Whereas, Freight shipments into, out of, federal agencies are recommending and iden- Forest recommended wildernesses, the and within California, are projected to grow tifying Arizona’s public lands as wilderness United States Forest Service indicates that approximately 180 percent by the year 2040; areas; and these areas are simply preliminary adminis- and Whereas, these administratively rec- trative recommendations and that further Whereas, California’s freight system. is re- ommended wilderness areas circumvent con- NEPA analyses are necessary, However, in sponsible for the creation of 800,000 freight gressional intent and lack full and appro- transmittal letters, the United States Forest jobs and stimulates the creation of millions priate National Environmental. Policy Act Service states that ‘‘the Final Environ- of other jobs throughout the economy; and (NEPA) analyses; and mental Impact Statement for the . . . For- Whereas, Expansion of public transpor- Whereas, the identification of these de est’s Revised Resource Management Plan tation is a key element of California’s strat- facto wilderness areas has resulted in signifi- contains the NEPA analysis necessary to egy to improve mobility while meeting crit- cant restrictions on public access and recre- support a legislative proposal.’’ This is an ical greenhouse gas reduction targets; yet ation, paralyzing restrictions on the Arizona egregious lack of transparency. the California Transit Association reports Game and Fish Department’s ability to man- Wherefore your memorialist, the Senate of that the state’s public transit agencies face age wildlife and potentially catastrophic re- the State of Arizona, the House of Rep- a 10-year $72 bi11ion capital and operating strictions on vegetation and habitat im- resentatives concurring, prays: shortfall; and provement projects, including fire manage- 1. That the Congress of the United States Whereas, In December 2015, the United ment activities; and act to prohibit federal agencies from recom- States Congress passed, and President Whereas, the conservation of wildlife re- mending and identifying Arizona’s public Barack Obama signed, the Fixing. America’s sources is the trust responsibility of the Ari- lands as wilderness areas without express Surface Transportation Act (FASTAct), zona Game and Fish Commission, and this congressional consent.

VerDate Sep 11 2014 06:45 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.014 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6472 CONGRESSIONAL RECORD — SENATE November 17, 2016 2. That the Secretary of State of the State EPA and the DOD to use all their resources President of the United States and the of Arizona transmit copies of this Memorial to discover the extent of the contamination, United States Congress to take all necessary to the President of the United States Senate, provide complete remediation, fully evaluate action to restore honor to, and rectify the the Speaker of the United States House of the health consequences and provide assist- mistreatment by the United States Military Representatives and each Member of Con- ance to residents and military personnel who of, any sailors who were unjustly blamed for gress from the State of Arizona. have been impacted by the water contamina- and convicted of mutiny after the Port Chi- tion from these former military installa- cago disaster; to the Committee on Environ- POM–220. A resolution adopted by the Sen- tions; and be it further ment and Public Works. ate of the Commonwealth of Pennsylvania Resolved, That the Senate of Pennsylvania SENATE RESOLUTION NO. 69 relative to establishing drinking water urge the Congress of the United States to Whereas, On the night of July 17, 1944, two standards for certain chemicals; to the Com- consider the appropriation of additional transport vessels loading ammunition at the mittee on Environment and Public Works. funds to the EPA and DOD to address this Port Chicago naval base on the Sacramento SENATE RESOLUTION NO. 384 issue; and be it further Resolved, That copies of this resolution be River in California were suddenly engulfed in Whereas, Decades after the United States transmitted to the President of the United a gigantic explosion, the incredible blast of Navy used an unregulated contaminant in States, to the presiding officers of each which wrecked the naval base and heavily firefighting training on two former Bases, house of Congress, to each member of Con- damaged the town of Port Chicago, located Willow Grove Naval Air Station Joint Re- gress from Pennsylvania, to the United 1.5 miles away; and serve Base in Horsham and Naval Air War- States Environmental Protection Agency Whereas, Everyone on the pier and aboard fare Center Warminster, in Montgomery and and to the United States Department of De- the two ships was killed instantly—some 320 Bucks Counties, chemicals are appearing in fense. American naval personnel, 200 of whom were elevated levels in public and private water African American enlisted men; and another wells; and POM–221. A resolution adopted by the Sen- 390 military and civilian personnel were in- Whereas, The chemicals, perfluorooctane ate of the State of Iowa supporting the fed- jured, including 226 African American en- sulfonate (PFOS) and perfluorooctansic acid eral renewable fuel standard; to the Com- listed men; and (PFOA), are used in a variety of products mittee on Environment and Public Works. Whereas, The two ships and the large load- such as fabric, carpets, nonstick cookware ing pier were totally annihilated and an esti- SENATE RESOLUTION 118 and firefighting foam; and mated $12,000,000 in property damage was Whereas, PFOS and PFOA are ‘‘extremely Whereas, in accordance with the federal caused by the huge blast; and persistent in the environment and resistant Energy Policy Act of 2005, Pub. L. No. 109–58, Whereas, This single, stunning disaster ac- to typical environmental degradation proc- as amended by the federal Energy Independ- counted for nearly one-fifth of all African esses,’’ according the United States Environ- ence and Security Act of 2007, Pub. L. No. American naval casualties during the whole mental Protection Agency (EPA). The EPA 110–140, the United States has demonstrated of World War II and was the worst home- also states, ‘‘The toxicity, mobility and bio- its commitment to the long-term policy of front disaster of the war; and accumulation potential of PFOS and FOA increasing the domestic production of clean Whereas, The specific cause of the explo- pose potential adverse effects for the envi- renewable fuels according to a renewable sion was never officially established by a ronment and human health’; and fuel standard, referred to as the ‘‘RFS’’; and Court of Inquiry, in effect clearing the offi- Whereas, A growing body of science has es- Whereas, the RFS is the one of the single cers-in-charge of any responsibility for the tablished associations between PFOS and most successful energy policies in our na- disaster and, insofar as any human cause was PFOA and a range of health effects including tion’s history; and invoked, laying the burden of blame on the a variety of cancers; and Whereas, the RFS is a federal policy that shoulders of the African American enlisted Whereas, The chemicals were first requires a minimum percentage of motor men who died in the explosion; and disconered in local public water supplies fuel sold in our nation to contain renewable Whereas, Following the incident, many of near the former military bases by an EPA fuels; and the surviving African American sailors were Whereas, under the RFS, renewable fuels testing program in 2013 and 2014, resulting in transferred to nearby Camp Shoemaker have access to a retail market in the face of a health advisory that took several public where they remained until July 31, 1944, a vertically integrated petroleum market; water wells offline; and when two of the divisions were transferred to and Whereas, On Thursday,May 19, 2016, the naval barracks in Vallejo near Mare Island Whereas, the RFS represents a congres- EPA issued an update to its health advisory and another division returned to Port Chi- sional promise to American biofuels pro- for PFOS and PFOA that significantly re- cago to help with cleaning up and rebuilding ducers, farmers, communities, and investors duced the amount considered safe in drink- the base; and that the blend levels of the RFS will increase ing water. In the worst possible case, water Whereas, Many of these men were in a each year; and containing the chemicals at an amount pre- Whereas, this congressional policy sup- state of shock, troubled by the vivid memory viously deemed safe would now be more than porting the RFS will continue to build the of the horrible explosion; however, they were eight times over the recommended limits; long-term capacity of the renewable fuels in- provided no psychiatric counseling or med- and dustry and will encourage the development ical screening, except for those who were ob- Whereas, The new recommended levels of new types of clean fuels; and viously physically injured; none of the men, have resulted in officials from the Horsham Whereas, the RFS helps support over 73,000 even those who had been hospitalized with Water and Sewer Authority, Warminster Mu- jobs in agriculture, biofuels production, and injuries, were granted survivor leaves to nicipal Authority and Warrington Township associated businesses in Iowa; and visit their families before being reassigned Water and Sewer Department shutting down Whereas, the renewable fuels industry in to regular duties; and none of these survivors contaminated public drinking water wells, Iowa helps pay $5 billion in wages annually were called to testify at the Court of In- including 16 municipal wells in Horsham, to this state’s employment force; and quiry; and Warrington and Warminster Thownships and Whereas, renewable fuels create additional Whereas, Captain Merrill T. Kinne, Officer- an estimated 80 private wells; and markets for Iowa farmers with more than 47 in-Charge of Port Chicago, issued a state- Whereas, While the Senate of Pennsylvania percent of Iowa’s corn supply supporting eth- ment praising the African American enlisted acknowledges the current efforts of the EPA anol production: Now therefore, be it men and stating that ‘‘the men displayed and the Department of Defense (DOD) as well Resolved by the Senate, That the Iowa creditable coolness and bravery under those as the Department of Environmental Protec- Senate calls upon the Congress of the United emergency conditions’’; and tion to provide bottled water to local resi- States, the United States Environmental Whereas, After the disaster, white sailors dents, more needs to be done to fully address Protection Agency, the President of the were given 30 days’ leave to visit their fami- this situation: Therefore be it United States, and this country’s future lies—according to survivors, this was the Resolved, That the Senate of the Common- President of the United States and adminis- standard for sailors involved in a disaster— wealth of Pennsylvania wage the President, tration, to continue to support the RFS in while only African American sailors were or- the Congress of the United States and the order to encourage American energy produc- dered back to work the next day to clean and EPA to expeditiously determine if a Federal tion and to strengthen rural communities; remove human remains; and drinking water standard should be issued for and be it further Whereas, After the disaster, the prepara- PFOSs and PFOAs that can be enforced in Resolved, That copies of this Resolution be tion of Mare Island for the arrival of African the same manner as lead and arsenic; and be sent to the President of the United States, American sailors included moving the bar- it further the Administrator of the United States Envi- racks of white sailors away from the loading Resolved, That the Senate of Pennsylvania ronmental Protection Agency, the President area in order to be clear of the ships being urge the President and the Congress of the and Secretary of the United States Senate, loaded in case of another explosion; and United States to work with the Common- the Speaker and Clerk of the United States Whereas, The survivors and new personnel wealth of Pennsylvania to take all necessary House of Representatives, and to the mem- who later were ordered to return to loading action to ensure that the communities of bers of Iowa’s congressional delegation. ammunition expressed their opposition, cit- Horsham, Warminster and Warrington Town- ing the possibility of another explosion; the ships in Montgomery and Bucks Counties POM–222. A resolution adopted by the Leg- first confrontation occurred on August 9, have safe drinking water and to direct the islature of the State of California urging the 1944, when 328 men from three divisions were

VerDate Sep 11 2014 05:14 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.013 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6473 ordered out to the loading pier; the great seeing spent nuclear fuel each year and mil- electric utility generating units in the State majority of the men balked, and eventually lions of dollars more are programmed to be of Arizona if the State of Arizona does not 258 were arrested and confined for three days spent on settlement payments related to nu- adopt its own plan implementing the Clean on a large barge tethered to the pier; and clear waste disposition; and Power Plan regulating greenhouse gas emis- Whereas, Fifty of these men were selected Whereas, Much of the spent nuclear fuel sions; and as the ringleaders and charged with mutiny, and high-level radioactive waste currently Whereas, the EPA’s Clean Power Plan ex- and on October 24, 1944, after only 80 minutes stored is at sites that are vulnerable to nat- ceeds the agency’s legal authority to require of a military court, all 50 men were found ural disasters and located near large metro- reductions in carbon dioxide emissions from guilty of mutiny—10 were sentenced to 15 politan centers; and existing fossil fuel-fired electric generating years in prison, 24 sentenced to 12 years, 11 Whereas, The United States Department of units under Section 111(d) of the CAA and sentenced to 10 years, and 5 sentenced to 8 Energy concluded in 2013 that a geologic re- interferes with the electric system of Ari- years; and all were to be dishonorably dis- pository for the permanent disposal of spent zona; and charged from the Navy; this was the largest nuclear fuel and high-level radioactive waste Whereas, addressing greenhouse gas emis- mass mutiny trial in the United States to will not be available until 2048, at the ear- sions under Section 111(d) is a discretionary this day; and liest; and duty of the EPA as outlined in the CAA; and Whereas, After a massive outcry the next Whereas, The President’s Blue Ribbon Whereas, devoting resources to discre- year, in January 1946, 47 of the Port Chicago Commission on America’s Nuclear Future tionary duties like regulating greenhouse men were released from prison and ‘‘exiled’’ recommended that efforts he made to de- gas emissions takes resources away from for one year overseas before returning to velop a permanent disposal site for spent nu- nondiscretionary duties that are better suit- their families; and clear fuel and high-level radioactive waste; ed to protect the public health and safety in Whereas, In a 1994 investigation, the and the near term; and United States Navy stated that ‘‘there is no Whereas, The spent nuclear fuel at the San Whereas, it is important to Arizona’s econ- doubt that racial prejudice was responsible Onofre Nuclear Generating Station, a decom- omy to have a diverse energy portfolio that for the posting of only African American en- missioning site, should be promptly and safe- provides reliable and affordable electric serv- listed personnel to loading divisions at Port ly moved to a consolidated storage site, as ice to Arizona residents and businesses while Chicago’’; and recommended by the President’s Blue Ribbon also protecting the public health and safety; Whereas, In the 1994 investigation, the Commission on America’s Nuclear Future, and United States Navy, prompted by Members and as would be advanced by H.R. 4745, the Whereas, fossil fuels, including coal and of Congress, admitted that the routine as- Interim Consolidated Storage Act of 2016, natural gas, provide an abundant and afford- signment of only African American enlisted which would give priority for storage to able domestic energy source that is impor- personnel to manual labor was clearly moti- high-level nuclear waste and spent nuclear tant to Arizona’s economy and enhance the vated by race; and fuel located on a site without an operating availability and reliability of electric serv- Whereas, The United States Congress re- nuclear reactor: Now, therefore, be it ice; and duced the death benefit to those killed in Resolved by the Senate and the Assembly of Whereas, the EPA’s final Clean Power Plan Port Chicago from $5,000, the normal amount the State of California, jointly, That the Legis- impedes the ability of this state to oversee given, to $3,000, simply because the sailors lature of the State of California respectfully its own electricity supply and transmission were African American; and urges the passage of H.R. 4745 and supports system; and Whereas, in many eases, families of sailors the development and passage of complemen- Whereas, the EPA’s Clean Power Plan will killed in the disaster were never told they tary legislation; and be it further have adverse impacts on the customs, cul- were entitled to consideration for the death Resolved, That the Legislature of the State ture, history, heritage and economies of this of their relative; and of California respectfully urges the United state and local communities. Whereas, In 2009, the Port Chicago Naval States Department of Energy to implement Wherefore your memorialist, the Senate of Magazine Memorial site was designated as the prompt and safe relocation of spent nu- the State of Arizona, the House of Rep- part of the National Park Service; and clear fuel from the San Onofre Nuclear Gen- resentatives concurring, prays: Whereas, Despite the gross injustice faced erating Station to a licensed and regulated 1. That the United States Congress oppose by these sailors, only one of the men charged interim consolidated storage facility; and be the implementation of rules for existing with mutiny was given a pardon by Presi- it further electric utility generating units that exceed dent Clinton in 1998: Now, therefore, be it Resolved, That the Secretary of the Senate the EPA’s legal authority under Section Resolved by the Senate of the State of Cali- transmit copies of this resolution to the 111(d) of the CAA and interfere with the pre- fornia, That the Senate urges the President President of the United States, to the Speak- rogative of Arizona to regulate electricity and the Congress of the United States to er of the House of Representatives, to the and ensure an affordable and reliable supply take all necessary action to restore honor to, Majority Leader of the Senate, to each Sen- of electricity for its citizens. and rectify the mistreatment by the United ator and Representative from California in 2. That the United States Congress oppose States Military of, any sailors who were un- the Congress of the United States, and to the the implementation of rules for existing justly blamed for and convicted of mutiny Secretary of Energy. electric utility generating units that do not after the Port Chicago disaster, which oc- recognize the primary role of states in estab- curred in the town of Port Chicago, Cali- POM–224. A concurrent memorial adopted lishing and implementing plans to achieve fornia, in 1944; and be it further by the Legislature of the State of Arizona emissions reductions for existing units under Resolved, That the Senate further urges the urging the United States Congress to oppose Section 111(d) of the CAA. President and the Congress of the United the implementation of certain rules for ex- 3. That the United States Congress exer- States to take action to ensure that the isting electric utility generating units; to cise oversight over the EPA to ensure that treatment of sailors by the United States the Committee on Environment and Public the primary role of states in establishing and Military after the Port Chicago disaster is Works. implementing plans to achieve emissions reductions from existing electric utility gener- rectified by providing for the full exonera- SENATE CONCURRENT MEMORIAL 2016 tion of all those who were wrongfully court- ating units under Section 111(d) of the CAA Whereas, the Clean Air Act (CAA) is a fed- martialed and having the military records of is respected. eral law designed to protect air quality na- those involved cleared of any wrongdoing or 4. That the Governor and the Attorney tionwide; and discharge references that were other than General of the State of Arizona take appro- Whereas, jurisdiction to implement the honorable, regardless of whether those sail- priate actions to uphold this state’s respon- CAA lies primarily with the states; and ors are alive or deceased; and be it further sibilities with respect to the CAA and defend Whereas, in 1970, Congress enacted the Resolved, That the Secretary of the Senate this state against overreaching regulations. CAA, mandating comprehensive state and 5. That the Secretary of State of the State transmit copies of this resolution to the federal regulations for both stationary and of Arizona transmit a copy of this Memorial President and Vice President of the United nonstationary sources of pollution; and to the President of the United States, the States, to the Speaker of the House of Rep- Whereas, while Americans support efforts President of the United States Senate, the resentatives, to the Majority Leader of the to improve air quality, such efforts should be Speaker of the United States House of Rep- Senate, and to each Senator and Representa- carefully balanced to ensure that the cost of resentatives, each Member of Congress from tive from California in the Congress of the new regulations on the economy do not ex- the State of Arizona, the Administrator of United States. ceed potential benefits; and the United States Environmental Protection Whereas, on October 23, 2015, the United Agency, the Governor of the State of Arizona POM–223. A joint resolution adopted by the States Environmental Protection Agency and the Attorney General of the State of Ar- Senate of the State of California urging the (EPA) published final rules in the Federal izona. passage of H.R. 4745, the Interim Consoli- Register regulating greenhouse gas emis- dated Storage Act of 2016; to the Committee sions from existing electric utility gener- POM–225. A concurrent memorial adopted on Environment and Public Works. ating units, also known as the Clean Power by the Legislature of the State of Arizona SENATE JOINT RESOLUTION NO. 23 Plan; and urging the United States Environmental Whereas, Millions of ratepayer and tax- Whereas, the EPA has issued a proposed Protection Agency to reinstate the previous payer dollars are spent monitoring and over- federal plan that will be imposed on existing ozone concentration standard of 75 parts per

VerDate Sep 11 2014 05:14 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.018 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6474 CONGRESSIONAL RECORD — SENATE November 17, 2016 billion; to the Committee on Environment (1) The EPA has exceeded its statutory au- after adjusting for economic growth, implies and Public Works. thority by promulgating regulations that a 90% reduction in emission rates from the SENATE CONCURRENT MEMORIAL 1007 were not contemplated by Congress in the relatively uncontrolled 1990 rates for nitro- Whereas, on October 1, 2015, the United authorizing language of the statutes enacted gen oxide-emitting sources; and Whereas, average ozone concentrations States Environmental Protection Agency by Congress; have decreased significantly in both urban (EPA) reduced the national ambient air qual- (2) The EPA was correct not to classify and rural areas over the past two decades in ity standards for ground-level ozone from 75 greenhouse gases as pollutants prior to 2009; (3) No federal agency has the authority to response to state and federal emission con- parts per billion (ppb) to 70 ppb; and trol programs; and Whereas, the State of Arizona will have regulate greenhouse gases under current law; and Whereas, instead of giving states enough great difficulty in implementing this new time to meet the previous ozone concentra- ozone concentration standard due to factors (4) No attempt to regulate greenhouse gases should be undertaken without further tion standard of 75 ppb through ongoing that are outside of this state’s control, in- emission reduction programs, the EPA cluding its proximity to California, extreme congressional action; and Whereas, the Stopping EPA Overreach Act moved the goalpost by imposing a lower heat and intense summer sunshine; and should clarify that federal agencies do not standard; and Whereas, before the implementation of the Whereas, reinstating the previous ozone new ozone concentration standard, the EPA have the authority to regulate climate change or global warming, thereby voiding concentration standard of 75 ppb would pro- reported that 358 counties in the nation vide for continued air quality improvement would violate a standard of 70 ppb based on certain EPA rules, and requires the Adminis- trator of the EPA to provide an analysis of throughout the nation as emission reduction monitoring data from 2011 through 2013; and programs under EPA regulations are imple- Whereas, nonattainment area designations any regulation, rule or policy that describes its impacts on employment, and jobs in the mented. will limit economic and job growth by re- Wherefore your memorialist, the Senate of United States before proposing or finalizing stricting new and expanded industrial and the State of Arizona, the House of Rep- that regulation, rule or policy; and manufacturing facilities, imposing emission resentatives concurring, prays: ‘‘offset’’ requirements on new and modified Whereas, any federal agency seeking to 1. That the United States Environmental major sources of nitrogen oxides and volatile promulgate a regulation, rule or policy Protection Agency reinstate the previous organic compounds emissions, constraining should be required to provide the cost-ben- ozone concentration standard of 75 ppb. oil and gas extraction and raising electricity efit analysis and peer-reviewed science that 2. That the Secretary of State of the State prices for industries and consumers; and were used in proposing the regulation, rule of Arizona transmit copies of this Memorial Whereas, low-income and fixed-income or policy; and to the Administrator of the United States citizens will bear the brunt of higher energy Whereas, penalties should be imposed for Environmental Protection Agency, the costs and utility bills; and knowingly providing false information as President of the United States, the President Whereas, air quality continues to improve, support for a proposed regulation, rule or of the United States Senate, the Speaker of and nitrogen oxide emissions are already policy; and the United States House of Representatives down to 60% nationwide since 1980, which, Whereas, the people of Arizona fully sup- and each Member of Congress from the State after adjusting for economic growth, implies port the Stopping EPA Overreach Act, of Arizona. a 90% reduction in emission rates from the Wherefore your memorialist, the Senate of relatively uncontrolled 1990 rates for nitro- the State of Arizona, the House of Rep- POM–228. A concurrent memorial adopted gen oxide-emitting sources; and resentatives concurring, prays: by the Legislature of the State of Arizona Whereas, average ozone concentrations 1. That the United States Congress enact urging the United States Congress to oppose have decreased significantly in both urban the Stopping EPA Overreach Act, the implementation of certain rules for ex- and rural areas over the past two decades in 2. That the Secretary of State of the State isting electric utility generating units; to response to state and federal emission con- of Arizona transmit copies of this Memorial the Committee on Environment and Public trol programs; and to the President of the United States, the Works. Whereas, instead of giving states enough Speaker of the United States House of Rep- SENATE CONCURRENT MEMORIAL 1016 time to meet the previous ozone concentra- resentatives, the President of the United Whereas, the Clean Air Act (CAA) is a fed- tion standard of 75 ppb through ongoing States Senate and each Member of Congress eral law designed to protect air quality na- emission reduction programs, the EPA from the State of Arizona. tionwide; and moved the goalpost by imposing a lower Whereas, jurisdiction to implement the standard; and POM–227. A concurrent memorial adopted CAA lies primarily with the states; and Whereas, reinstating the previous ozone by the Legislature of the State of Arizona Whereas, in 1970, Congress enacted the concentration standard of 75 ppb would pro- urging the United States Environmental CAA, mandating comprehensive state and- vide for continued air quality improvement Protection Agency to reinstate the previous federal regulations for both stationary and throughout the nation as emission reduction ozone concentration standard of 75 parts per nonstationary sources of pollution; and programs under EPA regulations are imple- billion; to the Committee on Environment Whereas, while Americans support efforts mented. and Public Works. to improve air quality, such efforts should be Wherefore your memorialist, the Senate of SENATE CONCURRENT MEMORIAL 1007 carefully balanced to ensure that the cost of new regulations on the economy do not ex- the State of Arizona, the House of Rep- Whereas, on October 1, 2015, the United resentatives concurring, prays: ceed potential benefits; and States Environmental Protection Agency Whereas, on October 23, 2015, the United 1. That the United States Environmental (EPA) reduced the national ambient air qual- Protection Agency reinstate the previous States Environmental Protection Agency ity standards for ground-level ozone from 75 (EPA) published final rules in the Federal ozone concentration standard of 75 ppb. parts per billion (ppb) to 70 ppb; and 2. That the Secretary of State of the State Register regulating greenhouse gas emis- Whereas, the State of Arizona will have sions from existing electric utility gener- of Arizona transmit copies of this Memorial great difficulty in implementing this new to the Administrator of the United States ating units, also known as the Clean Power ozone concentration standard due to factors Plan; and Environmental Protection Agency, the that are outside of this state’s control, in- President of the United States, the President Whereas, the EPA has issued a proposed cluding its proximity to California, extreme federal plan that will be imposed on existing of the United States Senate, the Speaker of heat and intense summer sunshine; and the United States House of Representatives electric utility generating units in the State Whereas, before the implementation of the of Arizona if the State of Arizona does not and each Member of Congress from the State new ozone concentration standard, the EPA of Arizona. adopt its own plan implementing the Clean reported that 358 counties in the nation Power Plan regulating greenhouse gas emis- would violate a standard of 70 ppb based on sions; and POM–226. A concurrent memorial adopted monitoring data from 2011 through 2013; and by the Legislature of the State of Arizona Whereas, the EPA’s Clean Power Plan ex- Whereas, nonattainment area designations ceeds the agency’s legal authority to require urging the United States Congress to enact will limit economic and job growth by re- the Stopping EPA Overreach Act; to the reductions in carbon dioxide emissions from stricting new and expanded industrial and existing fossil fuel-fired electric generating Committee on Environment and Public manufacturing facilities, imposing emission Works. units under Section 111(d) of the CAA and ‘‘offset’’ requirements on new and modified interferes with the electric system of Ari- SENATE CONCURRENT MEMORIAL 1015 major sources of nitrogen oxides and volatile zona; and Whereas, the Stopping EPA Overreach Act organic compounds emissions, constraining Whereas, addressing greenhouse gas emis- seeks to prevent the United States Environ- oil and gas extraction and raising electricity sions under Section 111(d) is a discretionary mental Protection Agency (EPA) from ex- prices for industries and consumers; and duty of the EPA as outlined in the CAA; and ceeding its statutory authority in ways that Whereas, low-income and fixed-income Whereas, devoting resources to discre- were not contemplated by the United States citizens will bear the brunt of higher energy tionary duties like regulating greenhouse Congress; and costs and utility bills; and gas emissions takes resources away from Whereas, in the Stopping EPA Overreach Whereas, air quality continues to improve, nondiscretionary duties that are better suit- Act, the State of Arizona urges Congress to and nitrogen oxide emissions are already ed to protect the public health and safety in find that; down to 60% nationwide since 1980, which, the near term; and

VerDate Sep 11 2014 05:14 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.021 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6475 Whereas, it is important to Arizona’s econ- everything from puddles of rainwater to ag- duce Social Security benefits for affected omy to have a diverse energy portfolio that ricultural irrigation systems; and Whereas, persons by as much as one-half of the retire- provides reliable and affordable electric serv- the final rule allows waters that have tradi- ment benefit earned as a public servant in ice to Arizona residents and businesses while tionally been off limits to federal regulation employment not covered under Social Secu- also protecting the public health and safety; to be subject to the rulemaking process of rity; and and the EPA and the Clean Water Act; and Whereas, the WEP causes hardworking in- Whereas, fossil fuels, including coal and Whereas, the customs, cultures and eco- dividuals to lose a significant portion of the natural gas, provide an abundant and afford- nomic well-being of our local communities, Social Security benefits that they earn able domestic energy source that is impor- as well as important historic and cultural as- themselves; and tant to Arizona’s economy and enhance the pects of our local heritage, are being ignored, Whereas, according to recent Social Secu- availability and reliability of electric serv- which adversely affects the lives and jobs of rity Administration figures, more than one ice; and the people of the United States and dev- and a half million individuals nationally are Whereas, the EPA’s final Clean Power Plan astates local and state economies; and affected by the WEP; and impedes the ability of this state to oversee Whereas, the State of Arizona is one of 27 Whereas, in certain circumstances both the its own electricity supply and transmission states that have brought legal challenges WEP and GPO can be applied to a qualifying system; and against the Clean Water Rule and success- survivor’s benefit, each independently reduc- Whereas, the EPA’s Clean Power Plan will fully obtained a nationwide stay barring the ing the available benefit and in combination have adverse impacts on the customs, cul- rule’s enforcement; and eliminating a large portion of the total So- ture, history, heritage and economies of this Whereas, if passed by Congress, the Regu- cial Security benefit available to the sur- state and local communities. latory Integrity Protection Act would re- vivor; and Whereas, because of the calculation char- Wherefore, your memorialist, the Senate quire the EPA and the United States Army acteristics of the GPO and the WEP, they of the State of Arizona, the House of Rep- Corps of Engineers to develop a new rule have a disproportionately negative effect on resentatives concurring, prays: that takes into consideration all public com- 1. That the United States Congress oppose employees working in lower-wage governments received on the matter as well as ment jobs, like policemen, firefighters, the implementation of rules for existing input received from state and local govern- electric utility generating units that exceed teachers, and state employees; and ments. Wherefore your memorialist, the Sen- Whereas, Louisiana is making every effort the EPA’s legal authority under Section ate of the State of Arizona, the House of 111(d) of the CAA and interfere with the pre- to improve the quality of life of its citizens Representatives concurring, prays: and to encourage them to live here lifelong, rogative of Arizona to regulate electricity 1. That the Congress of the United States and ensure an affordable and reliable supply yet the current GPO and WEP provisions enact the Regulatory Integrity Protection compromise their quality of life; and of electricity for its citizens, Act. 2. That the United States Congress oppose Whereas, the number of people affected by 2. That the Secretary of State of the State GPO and WEP is growing every day as more the implementation of rules for existing of Arizona transmit copies of this Memorial and more people reach retirement age; and electric utility generating units that do not to the President of the United States Senate, Whereas, individuals drastically affected recognize the primary role of states in estab- the Speaker of the United States House of by the GPO or WEP may have no choice but lishing and implementing plans to achieve Representatives and each Member of Con- to return to work after retirement in order emissions reductions for existing units under gress from the State of Arizona. to make ends meet, but the earnings accu- Section 111(d) of the CAA. mulated during this return to work can fur- 3. That the United States Congress exer- POM–230. A concurrent resolution adopted ther reduce the Social Security benefits the cise oversight over the EPA to ensure that by the Legislature of the State of Louisiana individual is entitled to; and the primary role of states in establishing and memorializing the United States Congress to Whereas, the GPO and WEP are established implementing plans to achieve emissions re- take such actions as are necessary to review in federal law, and repeal of the GPO and the ductions from existing electric utility gener- the Government Pension Offset and the WEP can only be enacted by congress. There- ating units under Section 111(d) of the CAA Windfall Elimination Provision Social Secu- fore be it is respected. rity benefit reductions and to consider elimi- Resolved that the Legislature of Louisiana 4. That the Governor and the Attorney nating or reducing them; to the Committee does hereby memorialize the United States General of the State of Arizona take appro- on Finance. Congress to take such actions as are nec- priate actions to uphold this state’s respon- essary to review the Government Pension HOUSE CONCURRENT RESOLUTION NO. 12 sibilities with respect to the CAA and defend Offset and the Windfall Elimination Provi- this state against overreaching regulations. Whereas, the Congress of the United States sion Social Security benefit reductions and 5. That the Secretary of State of the State of America has enacted both the Government to consider eliminating or reducing them. Be of Arizona transmit a copy of this Memorial Pension Offset (GPO), reducing the spousal it further to the President of the United States, the and survivor Social Security benefit, and the Resolved that a copy of this Resolution be President of the United States Senate, the Windfall Elimination Provision (WEP), re- transmitted to the presiding officers of the Speaker of the United States House of Rep- ducing the earned Social Security benefits Senate and the House of Representatives of resentatives, each Member of Congress from payable to any person who also receives a the Congress of the United States of America the State of Arizona, the Administrator of public pension benefit; and and to each member of the Louisiana con- the United States Environmental Protection Whereas, the GPO negatively affects a gressional delegation. Agency, the Governor of the State of Arizona spouse or survivor receiving a federal, state, and the attorney General of the State of Ari- or local government retirement or pension POM–231. A resolution adopted by the zona, benefit who would also be entitled to a So- House of Representatives of the State of Ha- cial Security benefit earned by a spouse; and waii requesting the Hawaii sister-state com- POM–229. A concurrent memorial adopted Whereas, the GPO formula reduces the mittee to review and consider the establish- by the Legislature of the State of Arizona spousal or survivor Social Security benefit ment of a state/province relationship be- urging the United States Congress to enact by two-thirds of the amount of the federal, tween the State of Hawaii of the United the Regulatory Integrity Protection Act; to state, or local government retirement or States of America and the Province of Aklan the Committee on Environment and Public pension benefit received by the spouse or of the Republic of the Philippines; to the Works. survivor, in many cases completely elimi- Committee on Foreign Relations. SENATE CONCURRENT MEMORIAL 1008 nating the Social Security benefit even HOUSE RESOLUTION NO. 77 Whereas, on April 13, 2015, Representative though their spouses paid Social Security Whereas, the State of Hawaii is actively Bill Shuster introduced H.R. 1732, the Regu- taxes for many years; and seeking to expand its international ties and latory Integrity Protection Act; and Whereas, the GPO has a harsh effect on has an abiding interest in the developing Whereas, the Regulatory Integrity Protec- hundreds of thousands of citizens and under- goodwill, friendship, and economic relations tion Act protects landowners from intrusive mines the original purpose of the Social Se- between the people of Hawaii and the people government regulation and ensures the pro- curity dependent/survivor benefit; and of Asian and Pacific countries; and tection of personal property; and Whereas, according to recent Social Secu- Whereas, as part of its effort to achieve Whereas, the Regulatory. Integrity Protec- rity Administration figures, more than half this goal, Hawaii has established a number of tion Act came in response to efforts by the a million individuals nationally are affected sister-state relationships with provinces in Obama Administration, the United States by the GPO; and the Pacific region; and Environmental Protection Agency (EPA) and Whereas, the WEP applies to those persons Whereas, because of the historical rela- the United States Army Corps of Engineers who have earned federal, state, or local gov- tionship between the United States of Amer- to implement the Clean Water Rule, which ernment retirement or pension benefits, in ica and the Republic of the Philippines, there vastly expands the federal government’s addition to working in employment covered continue to exist valid reasons to promote ability to regulate waterways; and under Social Security and paying into the international friendship and understanding Whereas, the final rule became effective on Social Security system; and for the mutual benefit of both countries to August 28, 2015; and Whereas, the WEP reduces the earned So- achieve lasting peace and prosperity as it Whereas, the final rule is far too broad, al- cial Security benefit using an averaged in- serves the common interests of both coun- lowing the federal government to regulate dexed monthly earnings formula and may re- tries; and

VerDate Sep 11 2014 05:19 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\RECORD16\NOV2016\S17NO6.REC S17NO6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6476 CONGRESSIONAL RECORD — SENATE November 17, 2016 Whereas, there are historical precedents tinue to take action to prevent the United Religious Freedom, the International Asso- exemplifying the common desire to maintain States from entering into the United Nations ciation of Genocide Scholars, Pope Francis, a close cultural, commercial, educational, Arms Trade Treaty or other similar treaties; Hillary Clinton and many other organiza- and financial bridge between ethnic Filipinos to the Committee on Foreign Relations. tions and religious and political leaders have living in Hawaii with their relatives, friends, SENATE CONCURRENT MEMORIAL 1013 called on the United States to recognize the and business counterparts in the Philippines, Whereas, United Nations (UN) Security persecution of Christians and other religious such as the previously established sister-city Council Resolution 2117, which was adopted minorities in the Middle East as genocide; relationship between the City and County of on September 26, 2013, ‘‘[c]alls for Member and Whereas, the United States Congress has Honolulu and the City of Cebu in the Prov- States to support weapons collection, disar- introduced House Concurrent Resolution 75, ince of Cebu; and mament, demobilization and reintegration of Senate Resolution 340 and at least five other Whereas, similar state-province relation- ex-combatants, as well as physical security bills designed to recognize the genocide and ships exist between the State of Hawaii and and stockpile management programmes by the Provinces of Cebu, Ilocos Norte, Ilocos facilitate expedited support and aid for United Nations peacekeeping operations Christians and other religious minorities in Sur, Pangasinan, and Isabela, where coopera- where so mandated’’; and tion and communication have served to es- the Middle East; and Whereas, the UN Arms Trade Treaty Whereas, the designation of the persecu- tablish exchanges in the areas of business, strives to place a global ban on the import tion of Christians and other religious minori- trade, education, agriculture and industry, and export of small firearms, affecting all ties in the Middle East as genocide has real, tourism, disaster preparedness, beach res- private gun owners in the United States, and practical policy implications and can help toration, sports, health care, social welfare, to implement an international gun registry expedite various solutions to the crisis; and and other fields of human endeavor; and on all private guns and ammunition; and Whereas, the Members of the Senate of the Whereas, a similar state-province relation- Whereas, Senator James Inhofe introduced State of Arizona officially recognize the per- ship would reinforce and cement this com- an amendment to the budget in 2013 that secution of Christians and other religious mon bridge for understanding and mutual as- would prevent the United States from enter- minorities in the Middle East as genocide. sistance/between ethnic Filipinos of both the ing into the United Nations Arms Trade Wherefore your memorialist, the Senate of State of Hawaii and the Province of Aklan, Treaty ‘‘[t]o uphold Second Amendment the State of Arizona, prays: Republic of the Philippines; and rights and prevent the United States from 1. That each Member of Congress from the Whereas, the Province of Aklan has vast entering into the United Nations Arms Trade State of Arizona cosponsor legislation simi- fertile land resources, fishery and fabric in- Treaty,’’ which passed on a 53–46 vote. lar to House Concurrent Resolution 75, sup- dustries, the world renowned Boracay Island, Wherefore your memorialist, the Senate of port other congressional efforts to aid vic- and Aklan State University; and the State of Arizona, the House of Rep- tims of the persecution of Christians and Whereas, the major industries of the Prov- resentatives concurring, prays: other religious minorities in the Middle East ince of Aklan are agriculture, including sug- 1. That the United States Congress con- and encourage the United States government arcane, corn, coconut, and rice; tourism; tinue to take action to prevent the United to take greater concrete action to end the pina fabric; and materials for mats, pots, States from entering into the UN Arms genocide. bags, fans, and de´cor; and Trade Treaty or other similar treaties that 2. That the Secretary of State of the State Whereas, the Province of Aklan is emerg- would interfere with the Second Amendment of Arizona transmit copies of this Memorial ing as a technological center in the Central rights of United States citizens. to the President of the United States, the Philippines with its growing business process 2. That the Secretary of State of the State Speaker of the United States House of Rep- outsourcing and other technology-related in- of Arizona transmit copies of this Memorial resentatives, the Majority Leader of the dustries; and to the President of the United States, the United States Senate and each Member of Whereas, the Province of Aklan is a top Speaker of the United States House of Rep- Congress from the State of Arizona. international tourist destination in the Re- resentatives, the President of the United public of the Philippines, making the prov- States Senate and each Member of Congress POM–234. A concurrent memorial adopted ince much like Hawaii: Now, therefore, be it from the State of Arizona. by the Legislature of the State of Arizona Resolved by the House of Representatives of urging the President of the United States, the Twenty-eighth Legislature of the State of POM–233. A memorial adopted by the Sen- the Secretary of State, and the United Hawaii, Regular Session of 2016, That there is ate of the State of Arizona urging the mem- States Congress to secure the safe release of authorized and established a sister-state/ bers of the United States Congress from the Robert Levinson from Iran; to the Com- province relationship, as advised by the Ha- State of Arizona to officially recognize the mittee on Foreign Relations. waii Sister-State Committee, between the persecution of Christians and other religious HOUSE CONCURRENT MEMORIAL 2010 State of Hawaii and the Province of Aklan, minorities in the Middle East as genocide; to Whereas, it is a time-honored tradition Republic of the Philippines; and be it Fur- the Committee on Foreign Relations. that the United States of America strives to ther SENATE MEMORIAL 1001 ensure that all United States citizens held Resolved, That the Governor or the Gov- Whereas, Christians, Yazidis and other re- captive overseas are returned safely to their ernor’s designee is requested to keep the ligious minorities in the Middle East are families and loved ones; and Legislature fully informed of the process in being subjected to systematic and violent Whereas, Robert Levinson honorably establishing the sister-state/province rela- persecution at the hands of the Islamic State served the United States as a law enforce- tionship and involved in its formalization to of Iraq and Syria (ISIS) and other terrorist ment officer in both the United States Drug the extent practicable; and be it further groups; and Enforcement Agency and the Federal Bureau Resolved, That the Province of Aklan be af- Whereas, these people are being murdered, of Investigation; and forded the privileges and honors that Hawaii kidnapped, sexually abused, tortured and Whereas, Robert Levinson was taken captive on the Kish Island in Iran on March 9, extends to its sister-states and provinces; victimized in other ways that violate the 2007; and and be it further laws of their own nations, the international Resolved, That if by June 30, 2020, the sis- Whereas, several Americans who have been community and the United Nations Conven- held captive in Iran were recently released, ter-state/province relationship with the tion on the Prevention and Punishment of Province of Aklan has not reached a sustain- but Robert Levinson was not among them; the Crime of Genocide (Convention); and and able basis by providing mutual economic Whereas, the victims of this brutal perse- benefits through local community support, Whereas, it is a duty and obligation of the cution are being specifically targeted based United States to Robert Levinson and his the sister- state/province relationship shall on their religious or ethnic affiliation with family to ascertain his whereabouts and se- be withdrawn; and be it further the intent to facilitate the annihilation or Resolved, That certified copies of this Reso- cure his safe release. forced migration of communities with long- Wherefore your memorialist, the House of lution be transmitted to the President of the standing ties to their region; and Representatives of the State of Arizona, the United States, President of the United Whereas, the Convention defines ‘‘geno- Senate concurring, prays: States Senate, Speaker of the United States cide’’ as killing members of a national, eth- 1. That the President of the United States, House of Representatives, Hawaii’s Congres- nic, racial or religious group, causing them the United States Congress, the United sional Delegation, President of the Republic serious bodily or mental harm, intentionally States Secretary of State and all public offi- of the Philippines through its Honolulu Con- enforcing living conditions designed to cause cials under their charge follow the policy of sulate General, Governor and Provincial the partial or total physical destruction of the United States as stated in United States Board of the Province of Aklan, Republic of the group, preventing births within the Senate Concurrent Resolution 16: the Philippines, Governor of the State of Ha- group or transferring the children of the It is the policy of the United States that— waii, the Director of the State Department group to another group with the intent to de- (1) [T]he Government of the Islamic Repub- of Business, Economic Development and stroy the group in total or in part; and lic of Iran should immediately . . . cooperate Tourism, and the Chairperson of the Hawaii Whereas, the Convention holds that geno- with the United States Government to locate Sister-State Committee. cide is a crime that governments are obli- and return Robert Levinson: and gated to prevent and for which perpetrators (2) [T]he United States Government should POM–232. A concurrent memorial adopted are to be held responsible; and undertake every effort using every diplo- by the Legislature of the State of Arizona Whereas, the United States Commission on matic tool at its disposal to secure [his] im- urging the United States Congress to con- Religious Freedom, the Hudson Institute for mediate release,

VerDate Sep 11 2014 05:14 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.025 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6477

2. That the Secretary of State of the State Whereas, Reports have found that threats SENATE JOINT RESOLUTION NO. 29 of Arizona transmit copies of this Memorial of harassment, intimidation, and violence Whereas, Millions benefit from lifesaving to the President of the United States, the against women’s health clinics have doubled drugs and devices, including Americans with Secretary of State of the United States, the since 2010, and as recently as November 27, allergies that can be treated by epinephrine; Speaker of the United States House of Rep- 2015, a Planned Parenthood clinic was the and resentatives, the President of the United target of a heinous act of domestic terrorism Whereas, Last year, doctors wrote 3.6 mil- States Senate and each Member of Congress which resulted in the deaths of three people lion prescriptions for EpiPen, which stops al- from the State of Arizona. and nonfatal injuries to nine others; and lergic reactions by quickly and safely inject- Whereas, The State of California stands in ing epinephrine; and POM–235. A joint resolution adopted by the strong support of Roe v. Wade and the work Whereas, In 2007 Mylan NV purchased the Legislature of the State of California rel- of Planned Parenthood, and of women’s re- rights to EpiPen and immediately began ative to women’s reproductive health; to the productive health, and respects the principle raising its price. In 2008 and 2009, Mylan Committee on Health, Education, Labor, and that each woman has a fundamental right to raised the price by 5 percent, and at the end Pensions. make decisions regarding her pregnancy; of 2009 it raised the price by another 19 per- SENATE JOINT RESOLUTION NO. 19 Now, therefore, be it cent. From 2010 to 2013, Mylan imposed a se- Resolved by the Senate and the Assembly of ries of 10-percent price hikes. And from the Whereas, January 22, 2016, marks the anni- the State of California, jointly, That the Legis- fourth quarter of 2013 to the second quarter versary of the United States Supreme lature urges the President of the United of 2016, Mylan raised EpiPen prices 15 per- Court’s landmark decision in Roe v. Wade, States and Congress to express their support cent every other quarter; and which acknowledged that every woman has a for access to comprehensive reproductive Whereas, A pack of two EpiPen devices fundamental right to control her own repro- health care, including the services provided now has a list price of over $600, an increase ductive decisions and decide whether to end by Planned Parenthood and a woman’s fun- of 548 percent since Mylan began selling the or continue a pregnancy, and is an occasion damental right to control her own reproduc- drug, according to Truven Health Analytics; that deserves recognition; and tive decisions, and to strongly oppose efforts and Whereas, The 1973 Roe v. Wade decision, to eliminate federal funding for Planned Par- Whereas, The formula of EpiPen did not making access to abortion safe and legal, has enthood; and be it further change, and it is no more effective in pro- greatly improved the health of women and Resolved, That the Secretary of the Senate tecting against allergic reactions in 2016 families; and transmit copies of this resolution to the than it was in 2007; and Whereas, Roe v. Wade has been the corner- President and Vice President of the United Whereas, During the same time, Mylan stone of women’s remarkable strides toward States, to the Speaker of the House of Rep- began an aggressive marketing and lobbying equality in the past four decades, and repro- resentatives, to the Majority Leader of the effort to increase demand for EpiPen, which ductive freedom is critical to a woman’s Senate, and to each Senator and Representa- included the passage of federal and state leg- ability to participate fully in the social, po- tive from California in the Congress of the islation. The United States Congress passed litical, and economic life of the community; United States. and the School Access to Emergency Epinephrine Whereas, California is committed to pro- POM–236. A resolution adopted by the Sen- Act in 2013 to provide an incentive to states tecting the public health and welfare of all ate of the State of California requesting the to boost the stockpile of epinephrine at its residents, and recognizes that access to United States Congress to pass the Helping schools. A number of states, including Cali- reproductive health services, including fam- Families in Mental Health Crisis Act of 2016 fornia, passed laws requiring public schools ily planning and prenatal care, supports indi- and that the President of the United States to have epinephrine. In 2010, the United viduals and their families by ensuring that sign the legislation; to the Committee on States Food and Drug Administration (FDA) babies are planned, wanted, and healthy; and Health, Education, Labor, and Pensions. changed its recommendations so that two Whereas, California recognizes the impor- EpiPen devices be sold in a package instead SENATE RESOLUTION NO. 86 tance of Planned Parenthood as one of Cali- of one and that they be prescribed for at-risk Whereas, The Helping Families in Mental fornia’s largest providers of women’s preven- patients, not just those with confirmed aller- Health Crisis Act of 2016 (the act) would tive and reproductive health care services, gies; and make available needed psychiatric, psycho- operating 115 community-based health cen- Whereas, The rising cost of EpiPen has im- logical, and supportive services for individ- ters across the state, which provide more plications for taxpayers. Over half of Califor- uals with mental illness and families in men- than 1.6 million patient visits a year; and nia’s children are insured through Medi-Cal, Whereas, Planned Parenthood provides tal health crisis; and therefore the taxpayers are paying a large Whereas, The act would enhance crisis re- comprehensive health care services to share of the cost of this medication; and sponse services, increase mental health women and men, which may include well- Whereas, Mylan has an effective monopoly workforce, promote early intervention for woman examinations, birth control, testing that it is using to maximize profit because mental illness, and support integration of and treatment of sexually transmitted infec- there is no equivalent generic competitor; mental health, substance use, and primary tions and HIV, pregnancy tests, life-saving and care; and Whereas, Patients who have to pay retail cancer screenings, sex education, prenatal Whereas, Mental illness affects all seg- prices are being forced to buy EpiPen abroad, care, primary care services, and abortion ments of society, and can have a devastating where it is cheaper, and are resorting to services; and effect on the lives and families it touches, other devices that deliver epinephrine, in- Whereas, Nationwide, during 4.6 million especially if left untreated; and health center visits in 2013, Planned Parent- Whereas, Nearly 10 million Americans have cluding do-it-yourself syringes; and hood provided services, including nearly serious mental illness, but millions are going Whereas, Even some ambulance providers 400,000 Pap smear tests, 500,000 breast exami- without treatment as families struggle to in California have stopped the use of EpiPen nations, 1.1 million pregnancy tests, 3.6 mil- find care for their loved ones; and to treat allergic shock and instead are draw- lion provisions of birth control information Whereas, The act has wide bipartisan sup- ing from a vial and injecting epinephrine by and services, and 4.5 million tests and treat- port and recently passed out of the House syringe. First responders in Seattle have de- ments for sexually transmitted illnesses (in- Committee on Energy and Commerce by a veloped such a kit and have sold them to cluding HIV), to approximately 2.7 million vote of 53–0: Now, therefore, be it public health agencies in five other states. patients, almost 80 percent of whom were liv- Resolved by the Senate of the State of Cali- There is a demonstration project in New ing with incomes at or below 150 percent of fornia, That the Senate of the State of Cali- York called ‘‘Check and Inject New York’’ the federal poverty level; and fornia requests the Congress of the United that trains first responders to use syringe Whereas, By providing millions of women States to pass the Helping Families in Men- epinephrine kits in place of EpiPen to save with access to contraceptive services, public tal Health Crisis Act of 2016 (H.R. 2646), and money; and funding of Planned Parenthood helps women further requests President Barack Obama to Whereas, After recent widespread criti- to avoid an estimated 516,000 unplanned preg- sign that legislation; and be it further cism, Mylan said it would expand access and nancies each year nationwide; and Resolved, That the Secretary of the Senate increase benefits to programs that it uses to Whereas, A sudden defunding of Planned transmit copies of this resolution to the help consumers pay less, but those changes Parenthood’s health centers by federal or President and Vice President of the United do not alter the prices that insurers and em- state governments would put patients across States, to the Speaker of the House of Rep- ployers pay. Those institutions will still face California, particularly members of under- resentatives, to the Majority Leader of the the brunt of the impact from the price hikes; served communities, at a significant dis- Senate, to each Senator and Representative and advantage relating to their general health from California in the Congress of the United Whereas, Offering copayment assistance care because Planned Parenthood is often States, and to the author for appropriate dis- and free product to consumers is part of the the only source of health care services for so tribution. standard playbook for manufacturers of ex- many Californians; and pensive drugs. Efforts by drug makers to Whereas, Violence against abortion pro- POM–237. A joint resolution adopted by the shield consumers from the out-of-pocket viders and laws that create barriers to abor- Legislature of the State of California rel- costs associated with the rapidly increasing tion endanger the lives of both men and ative to EpiPen; to the Committee on cost of their medications ignores the fact women; and Health, Education, Labor, and Pensions. that insurance companies bear the brunt of

VerDate Sep 11 2014 05:14 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.016 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6478 CONGRESSIONAL RECORD — SENATE November 17, 2016 these unreasonable price increases, which re- cluding the feasibility of moving from the urging the United States Congress to protest sults in higher premiums for all consumers; existing time-based deferrals related to risk and take action to fully restore the Tucson Now, therefore, be it behaviors to alternate deferral options, such Postal Processing and Distribution Center; Resolved by the Senate and the Assembly of as the use of individual risk assessments; to the Committee on Homeland Security and the State of California, jointly, That the Leg- and Governmental Affairs. islature declares unnecessary and unex- Whereas, A 12-month deferral policy for SENATE CONCURRENT MEMORIAL 1009 plained increases in pharmaceutical pricing gay and bisexual men to donate blood is Whereas, the Tucson Postal Processing and is a harm to our health care system that will overly stringent given the scientific evi- Distribution Center (Cherrybell) serves the no longer be tolerated because the system dence, advanced testing methods, and the entire southern portion of Arizona covering cannot sustain it; and be it further safety and quality control measures in place the counties of Pima, Santa Cruz and Resolved, That the Legislature urges the within the different FDA-qualified blood do- Cochise. Currently, Southern Arizona is fac- United States Food and Drug Administration nating centers; and ing a potential economic downfall due to the to reconsider its denial of approval for ge- Whereas, The American Public Health As- initial decision made by the United States neric alternatives to EpiPen; and be it fur- sociation has stated that no specific sci- Postal Service (USPS) Board of Governors to ther entific rationale is provided to justify the 12- close Cherrybell; and Resolved, That the Legislature urges the month deferral policy. The technology can Whereas, more than 1.8 million people and Congress of the United States to investigate identify within 7 to 10 days with 99.9 percent 23,197 businesses use the Cherrybell postal the impact that Mylan’s monopoly has had accuracy whether or not a blood sample is services. According to USPS officials, over 3 on the price hikes for EpiPen; and be it fur- HIV-positive, and the chance of the blood million pieces of mail go through Cherrybell ther test being inaccurate within the 10-day win- each day as it is the 15th largest facility Resolved, That the Legislature urges the dow is about 1 in 2,000,000; and serving the 33rd largest population area in Congress and President of the United States Whereas, The General Social Survey con- our nation. The processing and sorting oper- to take action to limit the unrestrained abil- ducted by NORC at the University of Chicago ations at Cherrybell that are proposed to be ity of drug manufacturers to increase prices estimates that 8.5 percent of men in the moved to Phoenix affect approximately 280 based only on what the market can bear United States have had at least one male sex jobs in Southern Arizona; and rather than on providing a fair return on in- partner since 18 years of age, 4.1 percent of Whereas, Southern Arizona, which includes vestment; and be it further men report at least one male sex partner in both the Tohono O’odham nation and Pasqua Resolved, That the Secretary of the Senate the last 5 years, and 3.8 percent report a Yaqui tribal lands, encompasses the Cali- transmit copies of this resolution to the male sex partner in the last 12 months; and fornia and Arizona border at Yuma south to President and Vice President of the United Whereas, An estimated 45.4 percent of men Nogales, across to Douglas and Bisbee in States, to the Speaker of the House of Rep- (54 million) in the United States are eligible Cochise County and the military installa- resentatives, to the Majority Leader of the to donate blood, but only 8.7 percent of eligi- tions located at Fort Huachuca and Davis Senate, to each Senator and Representative ble men actually do. There are 15.7 million Monthan, depends on the Cherrybell Post of- from California in the Congress of the United donations of blood per year made by 9.2 mil- fice; and States, to the Secretary of the United States lion donors, yielding approximately 1.7 dona- Whereas, Southern Arizona is home to Department of Health and Human Services, tions per donor; and many military veterans who depend on the and to the Commissioner of Food and Drugs, Whereas, The Williams Institute of the USPS both for timely delivery of medical and to the author for appropriate distribu- University of California at Los Angeles prescriptions and for employment, as the tion. School of Law estimates that, based on the population of eligible and likely donors USPS employs more veterans than any entity other than the United States Department POM–238. A joint resolution adopted by the among the MSM community, lifting the fed- of Defense; and Legislature of the State of California rel- eral lifetime deferral policy on blood dona- Whereas, in an extensive community sur- ative to blood donations; to the Committee tion by an MSM would result in 4.2 million vey conducted in 2015, 84% of individuals and on Health, Education, Labor, and Pensions. newly eligible male donors, of which 360,600 would likely donate, generating 615,300 addi- 86% of businesses reported a noticeable delay SENATE JOINT RESOLUTION NO. 26 tional pints of blood. Applying national esti- in mail delivery due to the partial closure of Whereas, Since 1983, the United States mates to the California population, the Insti- Cherrybell; and Food and Drug Administration (FDA), an tute further estimates that lifting the ban Whereas, Tucson City Council Member agency under the United States Department on MSM blood donations would add an addi- Richard Fimbres went on record opposing of Health and Human Services (HHS), had tional 510,000 eligible men to the current the closure of Cherrybell and requested that prohibited the donation of blood by any man blood donor pool, of which 43,917 would likely the Council work directly with Tucson’s con- who has had sex with another man (MSM) at donate, resulting in an additional 74,945 do- gressional delegation and community mem- any time since 1977; and nated pints in California; and bers to frame a campaign to protect the vital Whereas, In December 2015, based on rec- Whereas, One hundred fifteen members of jobs at Cherrybell; and ommendations from the NHS Advisory Com- the Congress of the United States sent a let- Whereas, Pima County Recorder F. Ann mittee on Blood and Tissue Safety and ter to the FDA Commissioner, Dr. Robert M. Rodriguez objects to the closure of Availability, the FDA promulgated revised Califf, M.D., urging him to finally put an end Cherrybell and firmly believes that, due to regulations to allow an MSM to donate blood to this outdated blood donation policy and the higher number of voters each year on the only if he has not been sexually active for update it to reflect science, not fear; Now, permanent early voting list, this change will the past 12 months. Despite these recent therefore, be it clearly impact the activities of the state and steps toward a policy change, a double stand- Resolved by the Senate and the Assrmbly of county elections officials in Arizona and will ard still exists under the policy as revised the State of California, jointly, That the Cali- cause a detrimental impact to voters. The because it still treats gay and bisexual men fornia State Legislature calls upon the information provided to the public by the differently from heterosexual men; and President of the United States to encourage USPS is based entirely on economic consid- Whereas, California law prohibits discrimi- the Secretary of the United States Depart- erations with no apparent regard for the im- nation against individuals on the basis of ac- ment of Health and Human Services to adopt pact of the change on the fundamental right tual or perceived sex, sexual orientation, policies to repeal the current discriminatory of all citizens to vote and, in particular, the gender identity, and gender-related appear- donor suitability policies of the United significant additional detrimental impact to ance and behavior; and States Food and Drug Administration (FDA) Native American voters in the region; and Whereas, Argentina, Italy, Mexico, Poland, regarding blood donations by men who have Whereas, the people of Arizona applaud the Portugal, Russia, South Africa, South Korea, had sex with another man and, instead, di- efforts of United States Representative Mar- and Spain have adopted blood donor policies rect the FDA to develop science-based poli- tha McSally and the other members of the that measure risk against a set of behaviors, cies such as criteria based on risky behavior Arizona Congressional Delegation, including sexual and otherwise, rather than the sex of in lieu of sexual orientation; and be it fur- Representatives Trent Franks, Ann Kirk- a person’s sexual partner or partners; and ther patrick, Matt Salmon, Paul Gosar, Ruben Whereas, The FDA currently does not Resolved, That the Secretary of the Senate Gallego, Kyrsten Sinema and Raul Grijalva, allow gay and bisexual men in committed re- transmit copies of this resolution to the who have asked for more detailed and com- lationships to donate blood because, while President and Vice President of the United plete information regarding the proposal one partner may be monogamous, that indi- States, to the Secretary of the United States Cherrybell closure; and vidual cannot guarantee that the other part- Department of Health and Human Services, Whereas, thousands of people have written ner is monogamous. The FDA does not apply to the Speaker of the House of Representa- letters and signed online petitions urging the this same logic to heterosexual relation- tives, to the Majority Leader of the Senate, USPS Board of Governors not to close ships, which in effect discriminates against and to each Senator and Representative from Cherrybell. gay and bisexual men; and California in the Congress of the United Wherefore your memorialist, the Senate of Whereas, The FDA is in the process of States. the State of Arizona, the House of Rep- again reevaluating and considering updating resentatives concurring, prays: its blood donor deferral policies as new sci- POM–239. A concurrent memorial adopted 1. That the Congress of the United States entific information becomes available, in- by the Legislature of the State of Arizona protest the proposed closing of the Tucson

VerDate Sep 11 2014 05:14 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.031 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6479 Postal Processing and Distribution Center the United States Congress to appropriate funding to complete Phase 2 of the Calexico and take any action necessary to fully re- $248 million in funding to complete Phase 2 West Land Port of Entry reconfiguration and store operations of this vital postal facility. of the Calexico West Land Port of Entry re- expansion project in order to realize the ben- 2. That the Secretary of State of the State configuration and expansion project in order efits the improvements of this project will of Arizona transmit copies of this Memorial to realize the benefits the improvements of have on the nation’s economy; and be it fur- to the President of the United States Senate, this project will have on the nation’s econ- ther the Speaker of the United States House of omy; to the Committee on Homeland Secu- Resolved, That the Secretary of the Senate Representatives and each Member of Con- rity and Governmental Affairs. transmit copies of this resolution to the gress from the State of Arizona. SENATE JOINT RESOLUTION NO. 22 President and Vice President of the United States, to the Speaker of the House of Rep- Whereas, The inclusion of $248 million in POM–240. A concurrent memorial adopted resentatives, to the Majority Leader of the funding for Phase 2 of the Calexico West by the Legislature of the State of Arizona Senate, and to each Senator and Representa- Land Port of Entry reconfiguration and ex- urging the United States Congress to act to tive from California in the Congress of the pansion project in the Financial Services increase the number of United States Cus- United States. toms and Border Protection personnel at the and General Government Appropriations bill is proposed by the President’s Fiscal Year ports of entry in Arizona; to the Committee POM–242. A concurrent memorial adopted 2017 Budget; and on Homeland Security and Governmental Af- by the Legislature of the State of Arizona Whereas, This funding will ensure comple- fairs. urging the United States Congress to enact tion of the project, which will improve do- SENATE CONCURRENT MEMORIAL 1006 the Dine´ College Act of 2015; to the Com- mestic supply chains, strengthen our na- Whereas, the United States Customs and mittee on Indian Affairs. tional security, reduce the port’s carbon Border Protection (CBP) is one of the world’s SENATE CONCURRENT MEMORIAL 1017 largest law enforcement organizations and is footprint, and facilitate economic growth, charged with keeping terrorists and their not only for the County of Imperial and for Whereas, this state and the Navajo Nation weapons out of the United States while fa- California, but for the entire nation; and maintain a government-to-government rela- cilitating lawful international travel and Whereas, The Obama Administration’s 2015 tionship, and the Navajo people residing in trade; and budget included a $98,062,000 investment in this state are citizens of both Arizona and Whereas, as the world’s first full-service Calexico West Land Port of Entry Phase 1. the Navajo Nation; and border entity, CBP takes a comprehensive This first phase of the expansion project is Whereas, in 1968, the Navajo Nation estab- approach to border management and control, currently underway and is expected to be lished Navajo Community College, which combining customs, immigration, border se- completed in 2018. Phase 2 will consist of the later became Dine´ College, to provide access curity and agricultural protection into one balance of the project, including additional to higher education to the Navajo people; coordinated and supportive activity; and sitework, an expanded pedestrian processing and Whereas, the need to increase the number facility, administrative offices, and six addi- Whereas, Dine´ College’s flagship campus is of CBP personnel in the Tucson sector along tional northbound privately owned vehicle located in Tsaile, Arizona, and there are the border between the United States and inspection lanes; and community campuses in Tuba City, Chinle Mexico is critical to increasing border safety Whereas, The completion of this project and Window Rock; and and security as well as to ensuring economic guarantees the economic activity of the bor- Whereas, Dine´ College has dual credit stability in our border communities; and der will not be lost. On an average day, more agreements with school districts and schools Whereas, increasing the number of CBP than 15,000 to 20,000 privately operated vehi- throughout Arizona, including Red Mesa personnel who work at the ports of entry in cles and nearly 20,000 pedestrians enter the Unified School District #27, Chinle Unified Arizona will enhance the economic stability United States through the Calexico Land School District #24, Ganado Unified School in our border communities and will increase Port of Entry; and District, St. Michaels High School, Window border security between the United States Whereas, The United States’ goods and pri- Rock Unified School District #8, Many and Mexico; and vate services trade with Mexico totaled an Farms High School, Kayenta Unified School Whereas, an integrated approach to secur- estimated $583.6 billion in 2015, with exports District, Pin˜ on Unified School District #4, ing the border and increasing economic sta- totaling $267.2 billion and imports totaling Greyhills Academy High School, Tuba City bility along the border and in our border $316.4 billion; and High School, Leupp Schools, Inc. and Phoe- communities is important to residents living Whereas, Mexico is currently our second nix Union High School District; and along the border and in our border commu- largest goods trading partner with almost Whereas, this state provides support to nities; and $72 billion in two-way trade of goods during Dine´ College through its Navajo Nation, Whereas, increasing the number of CBP 2015, with goods exports that totaled $26.8 Dine´ College-State of Arizona funding com- personnel at the ports of entry in Arizona billion and goods imports that totaled $45 pact, the tribal college dual credit funding will allow increased commercial traffic and billion; and program and Proposition 301 monies; and will result in increased economic growth and Whereas, Ninety-nine percent of trade be- Whereas, the United States Congress stability for Arizona; and tween California and Mexico is carried by passed the Navajo Community College Act, Whereas, all of the benefits of increased trucks, and the Calexico East Port of Entry the Navajo Community College Assistance economic stability in Arizona can be realized serves nearly all of the international truck Act of 1978 and the Navajo Nation Higher if the workload capacity at each port of traffic crossings in the County of Imperial, Education Act of 2008, which collectively entry is increased, which would result in less with a total trade value of over $12 billion in provide for maintenance, operation and con- congestion and delay; and 2012; and struction funding for Dine´ College; and Whereas, increasing the number of CBP Whereas, The San Diego Association of Whereas, Representative Ann Kirkpatrick personnel at the ports of entry in Arizona Governments 2050 Comprehensive Freight introduced the Dine´ College Act of 2015 ‘‘to should be part of the infrastructure improve- Gateway Study projects that the nearly two fulfill the United States Government’s trust ments that are occurring at the ports of million trucks that crossed the California- responsibility to serve the higher education entry; and Whereas, the establishment of a safe and Mexico border in 2007 will increase to nearly needs of the Navajo people and to clarify, ´ secure border is a crucial component of na- five million trucks in 2050; and unify, and modernize prior Dine College leg- ´ tional security. Whereas, Traffic congestion and delays at islation,’’ and Dine College has requested Wherefore your memorialist, the Senate of the borders of the Counties of San Diego and that Senator Jeff Flake introduce a United the State of Arizona, the House of Rep- Imperial cost the economies of the United States Senate companion bill; and resentatives concurring, prays: States and Mexico an estimated $8.63 billion Whereas, this state stands in support of the 1. That, in order to secure the border be- in gross output and more than 73,900 jobs in passage of the Dine´ College Act of 2015. tween the United States and Mexico, to en- 2007; and Wherefore your memorialist, the Senate of hance the safety and security of people and Whereas, The collaboration between fed- the State of Arizona, the House of Rep- their property in the currently unsecure re- eral, state, and local agencies is essential for resentatives concurring, prays: gions of the border and to increase economic the development of border infrastructure 1. That the Congress of the United States growth and stability for the residents of Ari- projects and security; and enact the Dine´ College Act of 2015. zona, the United States Congress act to in- Whereas, The United States General Ac- 2. That the Secretary of State of the State crease the number of CBP personnel at the countability Office and the United States of Arizona transmit copies of this Memorial ports of entry in Arizona. Department of Homeland Security estimate to the Governor of the State of Arizona, the 2. That the Secretary of State of the State that $6 billion in border infrastructure is President of the United States Senate, the of Arizona transmit a copy of this Memorial needed to fulfill their mission of preventing Speaker of the United States House of Rep- to the President of the United States Senate, unlawful entry and smuggling while facili- resentatives and each Member of Congress the Speaker of the United States House of tating legitimate trade and tourism: Now, from the State of Arizona. Representatives and each Member of Con- therefore, be it gress from the State of Arizona. Resolved by the Senate and the Assembly of POM–243. A joint resolution adopted by the the State of California, jointly, That the legis- Legislature of the State of California urging POM–241. A joint resolution adopted by the lature of the State of California respectfully the federal government to ensure that immi- Legislature of the State of California urging urges Congress to appropriate $248 million in grant children are afforded due process under

VerDate Sep 11 2014 05:14 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.028 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6480 CONGRESSIONAL RECORD — SENATE November 17, 2016 the law in removal proceedings by providing fornia their rights to a fair trial under the lature of the State of California urges the government-funded attorneys, trained in im- Fifth Amendment to the United States Con- federal government to take action to remedy migration law, to all indigent children seek- stitution because the federal government this injury to the State of California, ing an immigration remedy and urging the does not provide these children with legal through appropriate measures within the federal government to first hear cases in- representation in immigration court. These United States Department of Justice, the volving children that have legal counsel and children therefore face the threat of deporta- United States Department of Homeland Se- to immediately halt cases brought against tion to violent and dangerous conditions curity, and the Office of Refugee Resettle- unrepresented immigrant children until law- where they may face persecution, violence, ment, and ensure that immigrant children yers are made available to represent them; or even death; and are afforded due process under the law when to the Committee on the Judiciary. Whereas, Human Rights Watch filed an they are fighting to remain in the United SENATE JOINT RESOLUTION NO. 28 amicus brief in the case of J.E.F.M. v Lynch, States of America, by providing government- a nationwide lawsuit on behalf of thousands Whereas, The Fifth Amendment to the funded attorneys, trained in immigration of children who are challenging the federal United States Constitution provides that a law, to all indigent children fighting depor- government’s failure to provide the children person shall not be deprived of life, liberty, tation and seeking an immigration remedy; with legal representation in deportation or property without due process of law, and be it further hearings, arguing that the failure of the thereby ensuring that he or she will receive Resolved, That the Legislature of the State United States government to appoint law- a fundamentally fair, orderly, and just judi- of California urges the federal government to yers to represent immigrant children facing cial proceeding before being deprived of his rearrange its dockets to first hear the cases deportation violates their basic rights under or her freedom; and of children who have legal representation international law; and and to immediately halt cases it is pursuing Whereas, Former Assistant Chief Immigra- Whereas, The California Attorney General tion Judge Jack H. Weil, a senior official in against unrepresented immigrant children has engaged in efforts to close the legal serv- until lawyers are made available to rep- the United States Department of Justice; as- ices gap for unaccompanied immigrant chil- serted in a deposition that he has trained resent them; and be it further dren across California and joined an amicus Resolved, That the Secretary of the Senate toddlers in immigration law and can afford brief in J.E.F.M. v. Lynch. them a fair hearing without the toddler transmit copies of this resolution to the Whereas, Since January 2014, at least 83 de- President and Vice President of the United being represented by legal counsel; and portees, including children, from the United Whereas, The assertion made by Judge States, to the Speaker of the House of Rep- States, were reported murdered upon their resentatives, to the Majority Leader of the Weil is contemptible and offensive to our return to Guatemala, Honduras, and El Sal- country’s Fifth Amendment constitutional Senate, to each Senator and Representative vador, which remain three of the most vio- from California in the Congress of the United mandate to provide all with due process lent countries in the world; and States, and to the author for appropriate dis- under the law; and Whereas, There are currently over 13,800 tribution. Whereas, Due process cannot be guaran- children in California that are not rep- teed in an adversarial immigration removal resented by legal counsel in immigration proceeding without legal representation; and POM–244. A resolution adopted by the court; and House of Representatives of the State of Whereas, Article 14 of the Universal Dec- Whereas, California has a duty to protect Louisiana memorializing the United States laration of Human Rights, adopted in 1948, the welfare of children within our state, in- Congress to take such actions as are nec- states that ‘‘Everyone has the right to seek cluding immigrant children; and and to enjoy in other countries asylum from Whereas, California values immigrant chil- essary to reimburse the state of Louisiana persecution.’’ Accordingly, children escaping dren and has made this clear through legisla- for state-expended dollars used to comply from violence in other countries, whether tive enactments, including Assembly Bill 540 with federal mandates related to illegal im- unaccompanied or accompanied by a parent, (2001), Assembly Bills 130 and 131 (2011); com- migration including but not limited to edu- are not ‘‘illegal’’ when they come to the monly referred to as the California Dream cation, medical care, welfare, and law en- United States in search of asylum; and Act, Senate Bill 1064 (2012), Senate Bill 873 forcement services; to the Committee on the Whereas, The protections of Article 14 have (2014); commonly referred to as the Unac- Judiciary. been incorporated by the United States Con- companied Minors Program, Senate Bill 1210 HOUSE RESOLUTION NO. 219 gress into domestic law, which now protects (2014), commonly referred to as the Cali- Whereas, pursuant to Article I, Section 8, all asylum seekers, including children, by fornia DREAM Loan Program, and Senate Clause 4 of the Constitution of the United prohibiting the federal government from re- Bills 4 and 75 (2015), commonly referred to as States, the federal government has the au- turning to their home countries persons who the Health4All Kids Act; and thority to regulate immigration; and have fled persecution due to race, religion, Whereas, Special Immigrant Juvenile Sta- Whereas, the federal government has nationality, political opinion, or member- tus under Section 1101(a)(27)(J) of Title 8 of forced states to comply with federal man- ship in a particular social group; and the United States Code is immigration relief dates that require states to provide various Whereas, It is our nation’s legal and moral that relies on a state’s interest in the wel- essential services to illegal immigrants in- obligation to open our arms to children who fare of children and provides for Special Im- cluding but not limited to education, med- fear harm in their country of origin and to migrant Juvenile Status where a state court ical care, welfare, and law enforcement, with foreign-born children in the United States determines that reunification with one or little to no reimbursement of state-expended who cannot be reunified with one or both both of the immigrant’s parents is not viable costs; and parents due to abuse, neglect, or abandon- due to abuse, neglect, abandonment, or simi- Whereas, the federal government histori- ment and who are therefore eligible for Spe- lar basis found under state law and that it cally has failed to adequately control the in- cial Immigrant Juvenile Status or any other would not be in the child’s best interest to flux of undocumented immigrants into this immigration remedy; and return to his or her home country; and country; and Whereas, Respect for due process requires Whereas, California makes an annual $3 Whereas, the failure of the federal govern- that all indigent children seeking asylum, million investment to ensure that unaccom- ment to adequately control the borders, in Special Immigrant Juvenile Status, or other panied minors receive the legal representa- addition to the imposition of huge mandated immigration remedies in defense of deportation that they need to pursue Special Immi- but unreimbursed costs to the state of Lou- tion be afforded government-funded com- grant Juvenile Status and other immigra- isiana, has led to blatant inequities in terms petent immigrant counsel; and tion relief; and of exploitation of undocumented laborers Whereas, According to a study by the Whereas, California passed Senate Bill 873 and abuse of wage, safety, and child labor Transactional Records Access Clearinghouse, (2014) and Assembly Bill 900 (2015) to ensure laws, as well as lowering wage levels for Lou- the foremost authority on federal immigra- that California courts issue the predicate or- isiana’s working poor; and tion enforcement data, unrepresented chil- ders necessary for children to apply for Spe- Whereas, the state of Louisiana has been dren were ordered to leave the United States cial Immigrant Juvenile Status; and severely affected by the impact of state in 86 percent of cases, whereas represented Whereas, California is disadvantaged when budgetary cutbacks; and children were ordered to leave the United California’s children are denied their rights Whereas, the costs incurred by the state of States in only 16 percent of cases; and under the United States Constitution, in- Louisiana in addressing illegal immigration Whereas, As demonstrated by the same cluding their right to due process; and are increasing and continuing to burden the study, the provision of legal representation Whereas, California has a strong interest limited resources of the state; and would improve the integrity of the immigra- in ensuring that the children living in this Whereas, the Louisiana Legislature cre- tion court system, because children without state are not unfairly deported. Schools are ated the Task Force on Illegal Immigration legal representation fail to appear in court disrupted when children are pulled from (task force) by House Resolution No. 175 of and therefore are ordered removed in classes, communities are thrown into dis- the 2015 Regular Session of the Legislature absentia in 75 percent of cases. By compari- order when families are torn apart, the to study and report the fiscal, medical, nu- son, children with legal representation do health and welfare of these children are put tritional, educational, judicial, criminal, consistently appear in court and are there- at risk; and the state is denied the potential penal, and economic impact of federal man- fore ordered removed in absentia in only 3 societal and economic contributions of these dates on the state of Louisiana relative to il- percent of cases; and children: Now, therefore, be it legal immigration; and Whereas, The federal government is deny- Resolved by the Senate and the Assembly of Whereas, the purpose of the task force was ing indigent immigrant children in Cali- the State of California, jointly, That the Legis- to provide useful and critical information

VerDate Sep 11 2014 05:14 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.034 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6481 and statistical data to guide the efforts of Resolved That the House of Representatives resentatives, to the Majority Leader of the Louisiana’s private and public sectors in ad- of the Legislature of Louisiana does hereby Senate, and to each Senator and Representa- dressing the concerns of Louisiana residents memorialize the United States Congress to tive from California in the Congress of the regarding illegal immigration; and take such actions as are necessary to reim- United States. Whereas, during the task force meeting burse the state of Louisiana for the state POM–246. A joint resolution adopted by the held on October 22, 2015, task force members dollars expended annually to provide essen- Legislature of the State of California urging were presented with statistical data and in- tial services including but not limited to the the United States Congress to lift an exist- formation on the fiscal impact on the state education, welfare, medical care, law ening prohibition against publicly funded sci- of Louisiana associated with providing essen- forcement, and incarceration of illegal immi- entific research on the causes of gun violence tial services to undocumented immigrants. grants; and be it further and its effects on public health, and to ap- Estimated dollar amounts were provided by Resolved That the house of representatives propriate funds for the purpose of conducting the following state agencies: of the legislature of Louisiana does hereby that research; to the Committee on the Judi- (1) The Department of Public Safety and memorialize the United States Congress to ciary. Corrections presented information on the remove any impediments with respect to dis- SENATE JOINT RESOLUTION NO. 20 impact of incarcerating illegal immigrants closure of immigration status of public Whereas, Every day, gun violence destroys in Louisiana state correctional institutions school children such that the financial im- lives, families, and communities; and including incarceration and probation and pact of illegal immigration on the public Whereas, From 2002 to 2013, inclusive, Cali- parole costs. The estimated cost to the state school system in this state can be accurately fornia lost 38,576 individuals to gun violence, of Louisiana is approximately three million determined; and be it further of which 2,258 were children; and two hundred ninety thousand dollars Resolved That a copy of this Resolution be Whereas, In 2013 alone, guns were used to ($3,290,000) annually out of the state general transmitted to the presiding officers of the kill 2,900 Californians, including 251 children fund. Senate and the House of Representatives of and teenagers, and hospitalized another 6,035 (2) The Department of Education presented the Congress of the United States of America Californians for nonfatal gunshot wounds, information on the impact on the Louisiana and to each member o tie Louisiana congres- including 1,275 children and teenagers; and school system relative to the enrollment of sional delegation. Whereas, There were over 350 recorded non-United States citizens and data on the mass shootings in the United States in 2015; number of English Language Learners (ELL) POM–245. A joint resolution adopted by the and for Louisiana public and charter schools for Legislature of the State of California urging Whereas, Since 1996, Congress has adopted K–12. The estimated cost to the state of Lou- the United States Congress and the Presi- annual policy riders, known as the ‘‘Dickey isiana for one public school district is ap- dent of the United States to rename any fed- Amendment’’ and ‘‘Rehberg Amendment’’ proximately three million dollars ($3,000,000) eral buildings, parks, roadways, or other fed- that effectively prohibit the federal Centers annually. erally owned property that bear the names of for Disease Control and Prevention (CDC) (3) The Department of Health and Hos- elected or military leaders of the Confed- and other agencies under the federal Depart- pitals presented information regarding feder- erate States of America; to the Committee ment of Health and Human Services from ally mandated Medicaid services for undocu- on the Judiciary. conducting publicly funded scientific re- mented workers including Medicaid eligi- SENATE JOINT RESOLUTION NO. 15 search on the causes of gun violence or its ef- bility requirements for unborn children and fects on public health; and Whereas, The Confederate States of Amer- the costs attributed to illegal immigration Whereas, The author of the original Dickey ica and its secessionist movement were root- on Louisiana’s medical systems as a whole. Amendment, former Representative Jay ed in the defense of slavery; and The estimated cost to the state of Louisiana Dickey (R–AR), has stated repeatedly that Whereas, Using the names of elected or is approximately sixteen million one hun- he regrets offering the amendment and military leaders of the Confederate States of dred thousand dollars ($16,100,000) annually, thinks it should be repealed; and assisting nearly five thousand (5,000) individ- America for federal buildings, parks, road- Whereas, Despite Representative Dickey’s uals with unverified immigration status. ways, or other federally owned property only comments and President Obama’s executive (4) The Department of Children and Family deepens the pain of those living under the action in 2013 directing the CDC to resume Services presented information on the eligi- legacy of slavery; and gun violence research, Congress has provided bility of non-United States citizens for the Whereas, The United States of America no funding, and the restrictive language re- Supplemental Nutrition Assistance Program continues to struggle with racial equality mains in place; and (SNAP) and the Temporary Assistance for and tolerance; and Whereas, Since 1996, the federal govern- Needy Families (TANF). Based on testimony, Whereas, The continued use of names of ment has spent $240 million per year on traf- public assistance was provided to a popu- elected or military leaders of the Confed- fic safety research, which has saved 360,000 lation of five thousand three hundred ninety- eracy in public places is offensive to Ameri- lives since 1970; and nine (5,399) non-United States citizens cans who treasure the United States as one Whereas, During the same period there has through Louisiana’s SNAP program with a nation under God, indivisible, with liberty been almost no publicly funded research on total cost to 1 the state of Louisiana of fifty- and justice for all; and gun violence, which kills the same number of five million dollars ($55,000,000) in adminis- Whereas, The horrific shooting deaths of people every year; and trative costs, with an undetermined amount nine African Americans attending church in Whereas, Recently, 110 Members of the attributed to illegal immigrants. South Carolina have once again raised the Congress of the United States signed a letter Whereas, the state of Louisiana in conjunc- searing issue of racial violence and intoler- urging the leadership of the House of Rep- tion with local governments expends ap- ance; and resentatives to end the longstanding ban on proximately nine thousand dollars ($9,000) to Whereas, The ensuing images of the killer federal funding for gun violence research, educate each student in Louisiana every wrapping himself in the Confederate flag and over 2,000 doctors in all 50 states plus the year; and points to the continued use of that emblem District of Columbia did the same; and Whereas, federal limitations on the disclo- of cruel oppression as a way to further de- Whereas, Although Members of Congress sure of immigration status of public school mean, offend, and wound whole segments of may disagree about how best to respond to children hinders the determination of the fi- our society; and the problem of gun violence, we should be nancial impact of illegal immigration on the Whereas, The use of Confederate leaders’ able to agree that a response should be in- Louisiana public school system as a whole; names in public schools, buildings, parks, formed by sound scientific evidence; and and roadways, or other federally owned property Whereas, Whether it is horrific headline- Whereas, the annual costs associated with in California only serves to further the dis- generating massacres or unseen violence illegal immigration have burdened the state criminatory agenda of current sympathizers that occurs every day—the innocent child of Louisiana and its residents with expenses of the ideology of the Confederate States of gunned down in crossfire, the mother mur- for law enforcement, healthcare, education, America, and is antithetical to California’s dered during a domestic dispute, or the incarceration, and other essential services, mission of racial equality and tolerance; young life cut tragically short during the and such costs have gone uncompensated by Now, therefore, be it heat of a petty argument—the call to action the federal government; and Resolved by the Senate and the Assembly of is now clear; Now, therefore, be it Whereas, the costs associated with pro- the State of California, jointly, That the Legis- Resolved by the Senate and the Assembly of viding services to illegal immigrants should lature respectfully urges the Congress and the State of California, jointly, That a com- never be borne by the state of Louisiana be- the President of the United States to rename prehensive evidence-based federal approach cause federal law controls the enforcement any federal buildings, parks, roadways, or to reducing and preventing gun violence is of illegal immigration; and other federally owned property that bear the needed to ensure that our communities are Whereas, the United States government names of elected or military leaders of the safe from gun violence; and be it further should take immediate action to reimburse Confederate States of America; and be it fur- Resolved, That federal research is crucial to the state of Louisiana for estimated expenses ther saving lives, having driven policy to save that the state incurs annually as a result of Resolved, That the Secretary of the Senate lives from motor vehicle accidents, sudden the federal government’s policies and man- transmit copies of this resolution to the infant death syndrome, lead poisoning, and dates related to illegal immigration. There- President and Vice President of the United countless other public health crises; and be fore, be it States, to the Speaker of the House of Rep- it further

VerDate Sep 11 2014 05:14 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.036 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6482 CONGRESSIONAL RECORD — SENATE November 17, 2016 Resolved That the Legislature urges the being jeopardized by an unsecure border, 1991’’ to address the plight of veterans ex- Congress of the United States to promptly which enables transnational criminals and posed to herbicides while serving in the Re- lift the prohibition against publicly funded their accomplices to prey on the citizens of public of Vietnam, which amended Title 38 of scientific research on the causes of gun vio- the United States; and the United States Code to presumptively rec- lence and its effects on public health, and to Whereas, border security must be a stand- ognize as service-connected certain diseases appropriate funds to the federal Centers for alone priority for the federal government; among military personnel who served in Disease Control and Prevention and other and Vietnam between 1962 and 1975; and relevant agencies under the federal Depart- Whereas, violence against public officials, Whereas, Presumptive status provides ex- ment of Health and Human Services to con- law enforcement and rival drug and human pedited claims processing for access to ap- duct that research; and be it further trafficking groups in Mexico continues to es- propriate disability compensation and med- Resolved, That the Secretary of the Senate calate and cross international boundaries; ical care for Vietnam veterans diagnosed transmit copies of this resolution to the and with such illnesses as Type II diabetes, Hodg- President and Vice President of the United Whereas, the reduction of the federal gov- kin’s disease, non-Hodgkin’s lymphoma, States, to the Speaker of the House of Rep- ernment’s prosecution of the criminal ele- prostate cancer, Parkinson’s Disease, mul- resentatives, to the Majority Leader of the ment places the citizens of the United States tiple myeloma, peripheral neuropathy, AL Senate, to each Senator and Representative in harm’s way, leaving the burden on local amyloidosis, respiratory cancers, soft tissue from California in the Congress of the United governments to bear the costs associated carcinomas, and other diseases yet to be States, and to the author for appropriate dis- with the apprehension, prosecution and in- identified; and tribution. carceration of this criminal element; and Whereas, The United States Department of Whereas, elected sheriffs have a statutory Veterans Affairs Claims Adjudication Man- POM–247. A concurrent memorial adopted duty to protect and secure the freedoms and ual, more commonly known as the M21–1 by the Legislature of the State of Arizona liberties of United States citizens and must Manual, originally allowed the presumption urging the United States Congress to direct do so with or without the help of their fed- to be extended to all veterans who had re- the American Legion to expand its member- eral law enforcement partners and policy- ceived the Vietnam Service Medal; and ship eligibility; to the Committee on the Ju- makers; and Whereas, In a February 2002 revision to the diciary. Whereas, working with limited budgets and M21–1 Manual, the United States Depart- HOUSE CONCURRENT MEMORIAL 2009 staffing, sheriffs along the southwestern bor- ment of Veterans Affairs (VA) added a re- Whereas, according to the American Le- der of the United States and sheriffs across quirement that the veteran prove that he or gion, the organization was chartered and in- the nation struggle to find ways to enhance she had set foot on the land or entered an incorporated by Congress in 1919 as a patriotic the quality of life and safety of those they ternal river or stream, which means that veterans organization devoted to mutual serve and to deter those who cross our bor- since 2002 the VA has denied the presumption helpfulness. As the nation’s largest wartime ders to promote their criminal activities; of a service connection for herbicide-related veterans service organization, the American and illnesses to Vietnam veterans who served in Whereas, local governments are cognizant Legion is committed to mentoring youth and the waters off of the Vietnamese coast or in of the need to bring relief to United States sponsoring wholesome programs in our com- bays and harbors and who cannot furnish citizens who are impacted by the lack of bor- munities, advocating patriotism and honor, documentation that they had ‘‘boots on the der security; and promoting strong national security and pro- ground’’ in-country, making it virtually im- Whereas, without aggressive prosecution of viding support to fellow servicemembers and possible for countless United States Navy all of those who breach the border and com- veterans; and and Marine veterans to acquire VA benefits; Whereas, the American Legion limits mit criminal acts, the border will continue and membership eligibility to those who have to serve as an open opportunity for the Whereas, Personnel who served on ships in served federal active duty in the United criminal element to exploit by entering the the ‘‘Blue Water Navy’’ in. Vietnamese terri- States Armed Forces during the World War I United States to prey on this country and its torial waters were, in fact, exposed to dan- era, World War II era, Korean War era, Viet- citizens. gerous airborne and waterborne toxins that Wherefore, Your memorialist, the Senate nam War era, Lebanon/Grenada era, Panama did not merely drift offshore in the air, but of the State of Arizona, the House of Rep- era or Persian Gulf War era and who have also washed into streams and rivers draining resentatives concurring, prays: been honorably discharged or are still serv- into the South China Sea; and 1. That the United States Congress direct Whereas, Warships positioned off the Viet- ing; and the appropriate federal agencies to do the Whereas, all honorably discharged military namese shore routinely distilled seawater to following: veterans deserve the opportunity to partici- obtain potable water, and a 2002 Australian (a) Fully secure all of the borders of the pate in the American Legion. study found that the distillation process, Wherefore your memorialist, the House of United States, rather than removing toxins, concentrated (b) Fully reimburse sheriffs for the costs Representatives of the State of Arizona, the and enhanced dioxin in water used for drink- associated with the housing of illegal aliens Senate concurring, prays: ing, cooking, and washing; and 1. That the United States Congress direct who are being charged with state crimes. Whereas, This study was conducted by the (c) Return to the original guidelines as set the American Legion to expand its member- Australian Department of Veterans’ Affairs forth in Operation Streamline for the pros- ship eligibility to include all honorably dis- after it found Vietnam veterans of the Royal ecution of persons crossing the United States charged military veterans. Australian Navy had a higher rate of mor- 2. That the Secretary of State of the State border illegally. tality from Agent Orange-associated diseases 2. That the Secretary of State of the State of Arizona transmit copies of this Memorial than did Vietnam veterans from other of Arizona transmit copies of this Memorial to the President of the United States, the branches of the military, and when the to the President of the United States, the Speaker of the United States House of Rep- United States Centers for Disease Control Speaker of the United States House of Rep- resentatives, the President of the United and Prevention studied specific cancers resentatives, the President of the United States Senate and each Member of Congress among Vietnam veterans, it, too, found a States Senate and each Member of Congress from the State of Arizona. higher incidence of certain cancers among from the State of Arizona. United States Navy veterans; and POM–248. A concurrent memorial adopted Whereas, Additional studies, including POM–249. A resolution adopted by the Sen- by the Legislature of the State of Arizona those conducted by the Institute of Medi- ate of the State of Colorado concerning re- urging the United States Congress to direct cine, show plausible pathways for Agent Or- storing the presumption of service connec- the appropriate federal agencies to secure ange to have entered the South China Sea tion for Agent Orange exposure for United the borders of the United States; to the Com- via contaminated dirt and debris from rivers States Vietnam veterans through the ‘‘Blue mittee on the Judiciary. and streams; and Water Navy Vietnam Veterans Act of 2015’’; SENATE CONCURRENT MEMORIAL 1012 Whereas, The 2009 ‘‘Institute of Medicine to the Committee on Veterans’’ Affairs. Whereas, the United States is in the midst (US) Committee to Review the Health Ef- SENATE RESOLUTION 16–002 of a border crisis; and fects in Vietnam Veterans of Exposure to Whereas, the sheriffs serving along the bor- Whereas, During the Vietnam War, the Herbicides (Seventh Biennial Update)’’ rec- ders of the United States are in the epicenter United States military sprayed approxi- ommended that veterans who served on ships of this crisis; and mately 22 million gallons of Agent Orange off the coast of the Republic of Vietnam not Whereas, the porous borders of the United and other herbicides over the Republic of be excluded from the presumption of expo- States have resulted in the smuggling of con- Vietnam to reduce forest cover and crops sure; and traband and illegal drugs, the exploitation of used by the enemy; and Whereas, Herbicides containing TCDD/ human beings and the infiltration of subver- Whereas, These herbicides contained dioxin did not discriminate between soldiers sives bent on doing harm to this country; dioxin, which has since been identified as on the ground and sailors on ships offshore; and carcinogenic and has been linked to a num- and Whereas, federal law mandates border se- ber of serious and disabling illnesses affect- Whereas, House Resolution 969 and iden- curity; and ing thousands of veterans; and tical companion bill Senate 681, the ‘‘Blue Whereas, the quality of life normally en- Whereas, The United States Congress Water Navy Vietnam Veterans Act of 2015’’, joyed by the citizens of the United States is passed the federal ‘‘Agent Orange Act of were introduced, respectively, in the U.S.

VerDate Sep 11 2014 06:45 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.037 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6483 House of Representatives on March 6, 2015, Armed Forces and for their oath of alle- Whereas, the Toxic Exposure Research Act by Representative Christopher Gibson, and giance to the Constitution of the United of 2015 is a critical step in protecting the vet- on March 19, 2015, by Senator Kirsten Gilli- States; however, soon after the war ended, erans of the United States. brand in the U.S. Senate; and legislation was passed that wrongfully took Wherefore your memorialist, the House of Whereas, More than 30 national veterans away the benefits and recognition they had Representatives of the State of Arizona, the service organizations support the Congres- earned; and Senate concurring, prays: sional House and Senate legislation entitled Whereas, because these World War II vet- 1. That the United States Congress adopt ‘‘Blue Water Navy Vietnam Veterans Act of erans had suffered a great wrong, and recog- legislation similar to H.R. 1769 and S. 901, 2015’’; and nizing that for those with family in the Phil- the Toxic Exposure Research Act of 2015, Whereas, Various agencies of the federal ippines the return of their remains to the that would establish in the United States government have recently demonstrated Philippines is a profound and fervent wish, Department of Veterans Affairs a national awareness of the hazards of Agent Orange ex- the Legislature in 2003 enacted Act 101, Ses- center for research on the diagnosis and posure through participation and funding of sion Laws of Hawaii 2003, requiring the Office treatment of health conditions of the de- the identification, containment, and mitiga- of Veterans’ Services to pay up to $2,500 for scendants of veterans exposed to toxic sub- tion of dioxin ‘‘hot spots’’ in Vietnam; and the transport of their remains to the Phil- stances during service in the armed forces of Whereas, The United States Congress ippines and funeral and burial services in the the United States that are related to that should reaffirm the nation’s commitment to Philippines; and exposure. the well-being of all of its veterans by direct- Whereas, funding, however, has not been 2. That the Secretary of State of the State ing the United States Department of Vet- provided to fulfill this statutory require- of Arizona transmit a copy of this Memorial erans Affairs to properly administer the fed- ment; and to the President of the United States Senate, eral ‘‘Agent Orange Act of 1991’’ and by pass- Whereas, in the early 2000s, the United the Speaker of the United States House of ing House Resolution 969 and identical com- States also enacted legislation requiring the Representatives and each Member of Con- panion bill Senate 681, the ‘‘Blue Water Navy Veterans Administration to pay the full cost gress from the State of Arizona. Vietnam Veterans Act of 2015’’, under the of burials at national and state veterans presumption that herbicide exposure in the cemeteries to the survivors of these World Republic of Vietnam includes service on the War II veterans; however, this legislation POM–252. A petition from a citizen of the offshore waters; now, therefore, failed to address coverage of the costs of State of Texas relative to immigration; to Be It Resolved by the Senate of the Seventieth transport to and services in the Philippines the Committee on the Judiciary. General Assembly of the State of Colorado: to be with their loved ones; and POM–253. A petition from a citizen of the That we, the members of the Senate of the Whereas, though many years have tran- State of Texas relative to refugees; to the Colorado General Assembly, hereby respect- spired since World War II, the words of Committee on the Judiciary. fully encourage the United States Congress United States President Harry S. Truman in POM–254. A resolution adopted by the Leg- to restore the presumption of service connec- 1946 remain the honest truth: ‘‘I consider it islature of Guam expressing unequivocal sup- tion for Agent Orange exposure to United a moral obligation of the United States to port for the United Nations World Health Or- States veterans who served on the waters off look after the welfare of Philippine Army ganization Framework Convention on To- the coast of the Republic of Vietnam; and veterans.’’; and bacco Control (WHO–FCTC) in its efforts to Be It Further Resolved, That copies of this Whereas, for the small number of World address the global tobacco epidemic; request- resolution be sent to President Barack War II Filipino-American veterans who are ing that the President of the United States Obama; Vice President and President of the still living, this moral obligation of the support the WHO–FCTC, and submit it to the Senate Joe Biden; Speaker of the House of United States should extend to fulfilling United States Senate for ratification; and re- Representatives Paul Ryan; Chairman of the their wish for a resting place in the Phil- questing that the United States Senate rat- Subcommittee on Disability Assistance and ippines among their loved ones, for this is an ify the WHO–FCTC; to the Committee on Memorial Affairs in the House of Representa- entitlement that they have clearly sacrificed Foreign Relations. tives; Chairman of the House Committee on for and earned; Now, therefore, be it Veterans Affairs; Chairman of the Senate Resolved, By the House of Representatives f Committee on Veterans Affairs; and to each of the Twenty-eighth Legislature of the member of the Colorado Congressional dele- State of Hawaii, Regular Session of 2016, the REPORTS OF COMMITTEES gation. Senate concurring, that Congress is urged to amend federal law to allow funds for the bur- The following reports of committees POM–250. A concurrent resolution adopted ial of qualified Filipino-American veterans were submitted: by the Legislature of the State of Hawaii in national and state cemeteries to cover the By Mr. JOHNSON, from the Committee on urging the United States Congress to amend costs of transporting the remains of eligible Homeland Security and Governmental Af- federal law to allow funds for the burial of Filipino-American veterans of World War II fairs, with amendments: qualified Filipino-American veterans in na- to the Philippines and for funeral and burial S. 1869. A bill to improve Federal network tional and state veterans cemeteries to cover services in the Philippines; and be it further the costs of transporting the remains of Fili- Resolved, That certified copies of this Con- security and authorize and enhance an exist- pino-American veterans of World War II to current Resolution be transmitted to the ing intrusion detection and prevention sys- the Philippines and for funeral and burial President of the United States, Speaker of tem for civilian Federal networks (Rept. No. services in the Philippines; to the Com- the United States House of Representatives, 114–378). mittee on Veterans’ Affairs. President of the United States Senate, Ha- By Mr. THUNE, from the Committee on Commerce, Science, and Transportation, HOUSE CONCURRENT RESOLUTION NO. 23 waii’s Congressional delegation, and the Di- rector of the Office of Veterans’ Services. with an amendment in the nature of a sub- Whereas, during World War II, the Phil- stitute: ippines was a Commonwealth of the United POM–251. A concurrent memorial adopted S. 3087. A bill to establish the American States, and, for four years, nearly 100,000 sol- Fisheries Advisory Committee to assist in diers of the Philippine Commonwealth Army by the Legislature of the State of Arizona urging the United States Congress to adopt the awarding of fisheries research and devel- fought alongside the United States and Al- opment grants and for other purposes (Rept. lied forces to defend and reclaim the Phil- legislation similar to the Toxic Exposure Re- search Act of 2015; to the Committee on Vet- No. 114–379). ippine Islands from foreign aggression; and By Mr. BARRASSO, from the Committee Whereas, these valiant Filipino soldiers erans’ Affairs. on Indian Affairs, with an amendment in the fought, suffered, and died in some of the HOUSE CONCURRENT MEMORIAL 2006 nature of a substitute: bloodiest battles of World War II, defending Whereas, thousands of veterans have been beleaguered Bataan and Corregidor, and exposed to Agent Orange and other chemical S. 2580. A bill to establish the Indian Edu- thousands of them became prisoners of war, agents during the course of their service to cation Agency to streamline the administra- enduring the infamous Bataan Death March the United States; and tion of Indian education, and for other pur- and years of captivity; and Whereas, today, many of the children and poses (Rept. No. 114–380). Whereas, the sacrifices of these Filipino grandchildren of veterans are suffering seri- By Mr. BARRASSO, from the Committee soldiers played a vital role in the Allied vic- ous health issues that are related to the vet- on Indian Affairs, with an amendment: tory in the Pacific as their numerous guer- erans’ exposure to chemical agents; and S. 2643. A bill to improve the implementa- rilla actions provided United States forces Whereas, the people of the United States tion of the settlement agreement reached be- with time to build and prepare for the Allied owe it to their veterans to better understand tween the Pueblo de Cochiti of New Mexico counterattack; and the impacts of these exposures in order to and the Corps of Engineers, and for other Whereas, these Filipino soldiers fought guarantee that the children and grand- purposes (Rept. No. 114–381). side-by-side with United States forces to se- children of veterans receive appropriate By Mr. BARRASSO, from the Committee cure their island nation as the strategic base treatment; and on Indian Affairs, with an amendment in the from which the final effort by Allied forces Whereas, the full effects of exposure to nature of a substitute: to bring an end to World War II was dangerous chemicals such as Agent Orange is S. 2717. A bill to improve the safety and ad- launched; and still unknown, and a national research cen- dress the deferred maintenance needs of In- Whereas, the United States promised these ter is needed to further study the impact dian dams to prevent flooding on Indian res- Filipino soldiers pay and benefits for their these exposures have on veterans, their chil- ervations, and for other purposes (Rept. No. military service under the United States dren and their grandchildren; and 114–382).

VerDate Sep 11 2014 06:53 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.049 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6484 CONGRESSIONAL RECORD — SENATE November 17, 2016 By Mr. JOHNSON, from the Committee on By Ms. MIKULSKI (for herself, Mr. SUBMISSION OF CONCURRENT AND Homeland Security and Governmental Af- CARDIN, and Mr. WARNER): SENATE RESOLUTIONS fairs, without amendment: S. 3473. A bill to increase outdated death H.R. 3218. Designate the facility of the gratuities and funeral allowances for Federal The following concurrent resolutions United States Postal Service located at 1221 civilian employees killed in the line of duty, and Senate resolutions were read, and State Street, Suite 12, Santa Barbara, Cali- to expand the scope of eligible beneficiaries, referred (or acted upon), as indicated: fornia, as the ‘‘Special Warfare Operator to codify tax treatment, to change offset re- By Mrs. SHAHEEN (for herself and Ms. Master Chief Petty Officer (SEAL) Louis quirements, to harmonize death gratuities COLLINS): ‘Lou’ J. Langlais Post Office Building’’. across Federal agencies, and for other pur- S. Res. 616. A resolution supporting the H.R. 4887. A bill to designate the facility of poses; to the Committee on Finance. goals and ideals of American Diabetes the United States Postal Service located at By Mr. CORNYN: Month; to the Committee on Health, Edu- 23323 Shelby Road in Shelby, Indiana, as the S. 3474. A bill to amend the Omnibus Crime cation, Labor, and Pensions. ‘‘Richard Allen Cable Post Office’’. Control and Safe Streets Act of 1968 to au- By Mr. ISAKSON (for himself, Mr. thorize COPS grantees to use grant funds to H.R. 5150. A bill to designate the facility of COONS, and Mr. PERDUE): the United States Postal Service located at hire veterans as career law enforcement offi- S. Res. 617. A resolution designating No- 3031 Veterans Road West in Staten Island, cers, and for other purposes; to the Com- vember 27, 2016, as ‘‘Drive Safer Sunday’’; New York, as the ‘‘Leonard Montalto Post mittee on the Judiciary. considered and agreed to. By Mr. COONS (for himself, Mr. Office Building’’. By Mr. KIRK (for himself, Mr. DURBIN, DAINES, Mr. WYDEN, Mr. LEE, Mr. H.R. 5309. A bill to designate the facility of Mr. COATS, and Mr. DONNELLY): the United States Postal Service located at FRANKEN, Ms. BALDWIN, and Mr. S. Res. 618. A resolution commending and 401 McElroy Drive in Oxford, Mississippi, as PAUL): congratulating the Chicago Cubs on their S. 3475. A bill to delay the amendments to the ‘‘Army First Lieutenant Donald C. 2016 World Series victory; considered and rule 41 of the Federal Rules of Criminal Pro- Carwile Post Office Building’’. agreed to. cedure; to the Committee on the Judiciary. H.R. 5356. A bill to designate the facility of By Mr. BARRASSO (for himself, Ms. By Mrs. FEINSTEIN (for herself, Mrs. the United States Postal Service located at BALDWIN, Ms. CANTWELL, Mr. CRAPO, BOXER, Mr. LEAHY, Mr. MARKEY, Mr. 14231 TX–150 in Coldspring, Texas, as the ‘‘E. Mr. DAINES, Mr. FRANKEN, Mr. MANCHIN, Mr. TESTER, Mr. COONS, Mr. Marie Youngblood Post Office’’. HATCH, Mr. HEINRICH, Ms. HEITKAMP, MENENDEZ, Ms. BALDWIN, Mr. H.R. 5591. A bill to designate the facility of Mr. HELLER, Ms. HIRONO, Mr. HOEVEN, BLUMENTHAL, Mr. WYDEN, Mr. UDALL, the United States Postal Service located at Mr. INHOFE, Mr. JOHNSON, Mr. KAINE, Mr. FRANKEN, Mr. MURPHY, Ms. KLO- 810 N US Highway 83 in Zapata, Texas, as the Ms. KLOBUCHAR, Mr. MCCAIN, Mr. BUCHAR, Mrs. MURRAY, Mr. WARNER, ‘‘Zapata Veterans Post Office’’. MORAN, Ms. MURKOWSKI, Mrs. MUR- Mr. BOOKER, and Mr. SANDERS): H.R. 5676. A bill to designate the facility of RAY, Mr. REID, Mr. ROUNDS, Mr. S. 3476. A bill to waive recoupment by the the United States Postal Service located at SCHATZ, Ms. STABENOW, Mr. SUL- United States of certain bonuses and similar 6300 N. Northwest Highway in Chicago, Illi- LIVAN, Mr. TESTER, Mr. THUNE, Mr. benefits erroneously received by members of nois, as the ‘‘Officer Joseph P. Cali Post Of- UDALL, Mr. WYDEN, Mr. ENZI, Mr. the Army National Guard, and for other pur- fice Building’’. GARDNER, Mr. LANKFORD, and Mr. poses; to the Committee on Armed Services. H.R. 5798. A bill to designate the facility of KING): By Ms. HIRONO (for herself and Mrs. the United States Postal Service located at S. Res. 619. A resolution recognizing Na- CAPITO): 1101 Davis Street in Evanston, Illinois, as the tional Native American Heritage Month and ‘‘Abner J. Mikva Post Office Building’’. S. 3477. A bill to amend title XVIII of the Social Security Act to provide information celebrating the heritages and cultures of Na- H.R. 5889. A bill to designate the facility of tive Americans and the contributions of Na- the United States Postal Service located at 1 regarding vaccines for seniors as part of the Medicare & You handbook and to ensure that tive Americans to the United States; consid- Chalan Kanoa VLG in Saipan, Northern Mar- ered and agreed to. iana Islands, as the ‘‘Segundo T. Sablan and the treatment of cost sharing for vaccines CNMI Fallen Military Heroes Post Office under Medicare part D is consistent with the f Building’’. treatment of vaccines under Medicare part B, and for other purposes; to the Committee ADDITIONAL COSPONSORS f on Finance. S. 689 EXECUTIVE REPORTS OF By Mr. RUBIO (for himself, Mr. KAINE, and Mr. MENENDEZ): At the request of Mr. THUNE, the COMMITTEE S. 3478. A bill to require continued and en- name of the Senator from Iowa (Mrs. The following executive reports of hanced annual reporting to Congress in the ERNST) was added as a cosponsor of S. nominations were submitted: Annual Report on International Religious 689, a bill to provide protections for Freedom on anti-Semitic incidents in Eu- By Mr. JOHNSON for the Committee on certain sports medicine professionals rope, the safety and security of European Homeland Security and Governmental Af- who provide certain medical services in Jewish communities, and the efforts of the fairs. United States to partner with European gov- a secondary State. *Mark D. Acton, of Kentucky, to be a Com- ernments, the European Union, and civil so- S. 1042 missioner of the Postal Regulatory Commis- ciety groups, to combat anti-Semitism, and sion for a term expiring October 14, 2022. At the request of Mr. MENENDEZ, the for other purposes; to the Committee on For- *Robert G. Taub, of New York, to be a name of the Senator from Hawaii (Mr. eign Relations. Commissioner of the Postal Regulatory SCHATZ) was added as a cosponsor of S. By Mr. MENENDEZ: Commission for a term expiring October 14, 1042, a bill to amend the Outer Conti- S. 3479. A bill to amend the Internal Rev- 2022. enue Code of 1986 to allow unpopulated cen- nental Shelf Lands Act to permanently *Nomination was reported with rec- sus tracts that are contiguous to low-income prohibit the conduct of offshore drill- ommendation that it be confirmed sub- communities to be treated as low-income ing on the outer Continental Shelf in ject to the nominee’s commitment to communities under the new markets tax the Mid-Atlantic, South Atlantic, and respond to requests to appear and tes- credit; to the Committee on Finance. North Atlantic planning areas. By Mr. SASSE: tify before any duly constituted com- S. 1559 S. 3480. A bill to make an alien who applies mittee of the Senate. for naturalization using a false identity in- At the request of Ms. AYOTTE, the f eligible for citizenship and to require the names of the Senator from Ohio (Mr. completion of the Historical Fingerprint En- BROWN) and the Senator from Mis- INTRODUCTION OF BILLS AND rollment Program and for other purposes; to sissippi (Mr. WICKER) were added as co- JOINT RESOLUTIONS the Committee on the Judiciary. sponsors of S. 1559, a bill to protect vic- The following bills and joint resolu- By Mr. SASSE (for himself, Mr. RUBIO, tims of domestic violence, sexual as- tions were introduced, read the first Mr. BARRASSO, and Mr. LEE): S. 3481. A bill to address payment for sault, stalking, and dating violence and second times by unanimous con- claims relating to certain provisions of the from emotional and psychological sent, and referred as indicated: Patient Protection and Affordable Care Act; trauma caused by acts of violence or By Mr. LEE: to the Committee on the Judiciary. threats of violence against their pets. S. 3472. A bill to require the Bureau of the By Mr. HATCH: S. 1567 Census to conduct a survey to determine in- S. 3482. A bill to approve the settlement of At the request of Mr. PETERS, the come and poverty levels in the United States the water rights claims of the Navajo Nation in a manner that accounts for the receipt of in Utah, to authorize construction of name of the Senator from Ohio (Mr. Federal means-tested benefits, and for other projects in connection therewith, and for BROWN) was added as a cosponsor of S. purposes; to the Committee on Homeland Se- other purposes; to the Committee on Indian 1567, a bill to amend title 10, United curity and Governmental Affairs. Affairs. States Code, to provide for a review of

VerDate Sep 11 2014 05:24 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.026 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6485 the characterization or terms of dis- S. 2957 3281, a bill to extend the Iran Sanctions charge from the Armed Forces of indi- At the request of Mr. NELSON, the Act of 1996. viduals with mental health disorders name of the Senator from Hawaii (Mr. S. 3391 alleged to affect terms of discharge. SCHATZ) was added as a cosponsor of S. At the request of Mr. REED, the name S. 1714 2957, a bill to require the Secretary of of the Senator from Maine (Mr. KING) At the request of Mr. MANCHIN, the the Treasury to mint commemorative was added as a cosponsor of S. 3391, a name of the Senator from Indiana (Mr. coins in recognition of the 50th anni- bill to reauthorize the Museum and Li- DONNELLY) was added as a cosponsor of versary of the first manned landing on brary Services Act. the Moon. S. 1714, a bill to amend the Surface S. 3405 Mining Control and Reclamation Act of S. 2977 At the request of Mr. DAINES, the At the request of Mr. MANCHIN, the 1977 to transfer certain funds to the names of the Senator from Iowa (Mrs. Multiemployer Health Benefit Plan name of the Senator from Connecticut ERNST), the Senator from Oklahoma and the 1974 United Mine Workers of (Mr. MURPHY) was added as a cosponsor (Mr. INHOFE) and the Senator from Ar- America Pension Plan, and for other of S. 2977, a bill to amend the Internal kansas (Mr. BOOZMAN) were added as Revenue Code of 1986 to establish an purposes. cosponsors of S. 3405, a bill to transfer excise tax on the production and im- S. 1831 certain items from the United States portation of opioid pain relievers, and At the request of Mr. TOOMEY, the Munitions List to the Commerce Con- for other purposes. name of the Senator from Mississippi trol List. (Mr. WICKER) was added as a cosponsor S. 3111 S. 3414 of S. 1831, a bill to revise section 48 of At the request of Mr. PORTMAN, the title 18, United States Code, and for name of the Senator from West Vir- At the request of Mr. GRAHAM, the name of the Senator from North Caro- other purposes. ginia (Mrs. CAPITO) was added as a cosponsor of S. 3111, a bill to amend the lina (Mr. BURR) was added as a cospon- S. 2196 sor of S. 3414, a bill to condition assist- At the request of Mr. PORTMAN, the Internal Revenue Code of 1986 to extend the 7.5 percent threshold for the med- ance to the West Bank and Gaza on name of the Senator from Colorado steps by the Palestinian Authority to (Mr. GARDNER) was added as a cospon- ical expense deduction for individuals age 65 or older. end violence and terrorism against sor of S. 2196, a bill to amend title Israeli citizens. XVIII of the Social Security Act to S. 3115 S. 3438 provide for the non-application of At the request of Mr. WICKER, the Medicare competitive acquisition rates names of the Senator from Rhode Is- At the request of Mr. HELLER, the to complex rehabilitative wheelchairs land (Mr. WHITEHOUSE) and the Senator name of the Senator from Nevada (Mr. and accessories. from Pennsylvania (Mr. CASEY) were REID) was added as a cosponsor of S. 3438, a bill to authorize the Secretary S. 2216 added as cosponsors of S. 3115, a bill to of Veterans Affairs to carry out a At the request of Ms. COLLINS, the amend the Public Health Service Act with respect to a national pediatric re- major medical facility project in Reno, name of the Senator from Mississippi Nevada. (Mr. WICKER) was added as a cosponsor search network. of S. 2216, a bill to provide immunity S. 3147 S. 3447 from suit for certain individuals who At the request of Ms. HIRONO, the At the request of Mr. SULLIVAN, the disclose potential examples of financial name of the Senator from Hawaii (Mr. names of the Senator from Alabama exploitation of senior citizens, and for SCHATZ) was added as a cosponsor of S. (Mr. SESSIONS), the Senator from North other purposes. 3147, a bill to support educational enti- Carolina (Mr. TILLIS), the Senator from Montana (Mr. TESTER) and the Senator S. 2373 ties in fully implementing title IX and from Arkansas (Mr. BOOZMAN) were At the request of Ms. CANTWELL, the reducing and preventing sex discrimi- added as cosponsors of S. 3447, a bill to name of the Senator from Missouri nation in all areas of education. direct the Secretary of the Army to (Mr. BLUNT) was added as a cosponsor S. 3188 place in Arlington National Cemetery a of S. 2373, a bill to amend title XVIII of At the request of Mr. GRASSLEY, the memorial honoring the helicopter pi- the Social Security Act to provide for name of the Senator from New Hamp- lots and crew members of the Vietnam Medicare coverage of certain shire (Mrs. SHAHEEN) was added as a co- era, and for other purposes. lymphedema compression treatment sponsor of S. 3188, a bill to amend the items as items of durable medical Internal Revenue Code of 1986 to mod- S. 3464 equipment. ify the incentives for biodiesel. At the request of Mr. ALEXANDER, the S. 2748 S. 3241 names of the Senator from Kansas (Mr. ROBERTS), the Senator from Louisiana At the request of Ms. BALDWIN, the At the request of Mr. LEAHY, the name of the Senator from West Vir- name of the Senator from Massachu- (Mr. CASSIDY), the Senator from Okla- homa (Mr. INHOFE) and the Senator ginia (Mr. MANCHIN) was added as a co- setts (Mr. MARKEY) was added as a cosponsor of S. 2748, a bill to amend the sponsor of S. 3241, a bill to amend the from North Carolina (Mr. TILLIS) were Public Health Service Act to increase Immigration and Nationality Act to re- added as cosponsors of S. 3464, a bill to the number of permanent faculty in affirm the United States historic com- provide incremental increases to the palliative care at accredited allopathic mitment to protecting refugees who salary threshold for exemptions for ex- and osteopathic medical schools, nurs- are fleeing persecution or torture. ecutive, administrative, professional, outside sales, and computer employees ing schools, social work schools, and S. 3244 under the Fair Labor Standards Act of other programs, including physician At the request of Mr. ROBERTS, the assistant education programs, to pro- name of the Senator from Iowa (Mr. 1938, and for other purposes. mote education and research in pallia- GRASSLEY) was added as a cosponsor of S.J. RES. 40 tive care and hospice, and to support S. 3244, a bill to amend title XXVII of At the request of Mr. BOOZMAN, the the development of faculty careers in the Public Health Service Act to clar- name of the Senator from Florida (Mr. academic palliative medicine. ify the treatment of pediatric dental NELSON) was added as a cosponsor of S. 2823 coverage in the individual and group S.J. Res. 40, a joint resolution approv- At the request of Mrs. CAPITO, the markets outside of Exchanges estab- ing the location of a memorial to com- name of the Senator from Pennsyl- lished under the Patient Protection memorate and honor the members of vania (Mr. CASEY) was added as a co- and Affordable Care Act, and for other the Armed Forces that served on active sponsor of S. 2823, a bill to amend the purposes. duty in support of Operation Desert Internal Revenue Code of 1986 to extend S. 3281 Storm or Operation Desert Shield. and modify the section 45 credit for re- At the request of Mr. REID, the name S. RES. 615 fined coal from steel industry fuel, and of the Senator from Montana (Mr. At the request of Mr. CASEY, the for other purposes. TESTER) was added as a cosponsor of S. name of the Senator from Colorado

VerDate Sep 11 2014 05:24 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.039 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6486 CONGRESSIONAL RECORD — SENATE November 17, 2016 (Mr. GARDNER) was added as a cospon- This bill does five things. First, it S. 3475. A bill to delay the amend- sor of S. Res. 615, a resolution express- creates a standard minimum payment ments to rule 41 of the Federal Rules of ing support for the designation of No- of $100,000 across all departments for Criminal Procedure; to the Committee vember 16, 2016, as ‘‘American Special any federal civilian employee killed in on the Judiciary. Hockey Day’’. the line of duty. Second, it gives up to Mr. COONS. Mr. President, I rise to f $8,800 for funeral expenses, and those address a pending change to privacy expenses are in addition to the death protection contained in the Federal STATEMENTS ON INTRODUCED Rules of Civil Procedure. But before I BILLS AND JOINT RESOLUTIONS gratuity, not taken away from it. Third, it makes it the law that these proceed to the details, the sometimes By Ms. MIKULSKI (for herself, death and funeral gratuities cannot be wonky details of what we actually do Mr. CARDIN, and Mr. WARNER): taxed. Fourth, it ties these amounts to here legislatively, let me just start by S. 3473. A bill to increase outdated an automatic cost-of-living adjust- speaking to concerns I have heard. As death gratuities and funeral allowances ment, so that we don’t have to do this early as this morning, on my train ride for Federal civilian employees killed in again in the future. And fifth, it now down from Wilmington, DE, in the the line of duty, to expand the scope of covers all federal employees, not just halls here in Congress, by email, text, eligible beneficiaries, to codify tax those killed abroad. and by phone from friends from my treatment, to change offset require- This bill also now covers more kinds State of Delaware and all over the ments, to harmonize death gratuities of Federal service employees who are country, folks are concerned about across Federal agencies, and for other eligible for death gratuities and fu- what this election means and about purposes; to the Committee on Fi- neral expenses. Brave people like fire- whether we can work together in ways nance. fighters, dedicated post office employ- that defend the fundamental liberties Ms. MIKULSKI. Mr. President, I rise ees, diligent census workers, and bright on which this country rests. today to introduce the Death Gratu- young stars like interns, Job Corps stu- I wish to start by remarking that ities Equity Act of 2016. I am joined by dents, and Peace Corps volunteers. Senator WYDEN and I are on the floor Senators CARDIN and WARNER in sup- These people and their families would today talking about a bill that we have port of this bill. all be covered and protected under this crafted and we are introducing in part- Congress required the Office of Per- nership with other Senators—with Sen- sonnel Management to study and re- bill. ators MIKE LEE, STEVE DAINES, and AL port back on death gratuities and fu- I am very pleased with this plan to FRANKEN who represent, literally, the neral expenses given to families of Fed- standardize civilian death gratuities. There’s been too much disparity across farthest edges of this Chamber in terms eral employees killed in the line of of ideology. If you look at the top five duty. OPM provided its report in 2012, departments for too long. Federal employees who are killed in the line of issues on which we agree, we agree on and what it found deeply disturbed me. relatively little. But as a group of Re- Across the board the numbers were duty deserve to be recognized by their publicans and Democrats, we have wildly different. Some families would government for their sacrifice. Their agreed to work together to restrain an get a $10,000 death gratuity with $800 families deserve certainty and a uni- attempt—frankly, initiated by the cur- for funeral expenses. Those funeral ex- form policy they can rely on if the rent Department of Justice—to modify penses were then deducted from the worst should happen to their loved the Federal Rules of Criminal Proce- lump sum death gratuity. The $800 al- ones. These hardworking employees are dure in a way that we are concerned lotment for funeral expenses had not wearing the USA team jersey every implicates or invades our Fourth been updated in 50 years, and the day. This bill lets them know the gov- Amendment constitutional protec- $10,000 amount has not been updated in ernment is on their side, that their tions. I hope those who watch what 20 years. service is valued, and that everyone is This report really struck a nerve equal under the law. happens on this floor find encourage- with me. If you are working hard every ment in the fact that Republicans and day for your country and you are killed By Mr. CORNYN: Democrats before this election’s out- in doing that duty, your country S. 3474. A bill to amend the Omnibus come had come together to craft this should do all it can to thank you. I Crime Control and Safe Streets Act of bill, this approach, and to move for- think that’s a pretty reasonable re- 1968 to authorize COPS grantees to use ward in a way that shows the bipar- quest. So I worked with OPM and the grant funds to hire veterans as career tisan commitment to protecting our administration to create this legisla- law enforcement officers, and for other constitutional liberties remains alive tion here today. purposes; to the Committee on the Ju- and well in this Chamber. My home State of Maryland has one diciary. Let me briefly address what it is I am of the highest numbers of Federal em- Mr. CORNYN. Mr. President, I ask talking about because I think it has se- ployees. Marylanders are called to unanimous consent that the text of the rious and far-reaching implications for service, and we proudly represent team bill be printed in the RECORD. the privacy of ordinary Americans. USA at home and around the world. In There being no objection, the text of These rules, the Federal Rules of 1998, when Al Qaeda bombed the U.S. the bill was ordered to be printed in Criminal Procedure, govern the proce- Embassy in Nairobi, Kenya, killing the RECORD, as follows: dures for investigation and prosecution twelve Americans. Maryland lost two S. 3474 of individuals within our American of its own that day, Julian Bartley Sr. Be it enacted by the Senate and House of Rep- criminal justice system, and it is es- and his son, Jay. Since then, I have resentatives of the United States of America in sential that these rules strike a careful fought tooth and nail for his family Congress assembled, balance, giving law enforcement the and all the families who lose loved ones SECTION 1. SHORT TITLE. tools they need to investigate crimes while serving America. We were able to This Act may be cited as the ‘‘American and keep us safe while also protecting finally get them the compensation Law Enforcement Heroes Act of 2016’’. Americans’ constitutional rights to they deserved in the Consolidated Ap- SEC. 2. PRIORITIZING HIRING AND TRAINING OF freedom from unreasonable searches propriations Act of 2014. VETERANS. and seizures, our rights to privacy. But families shouldn’t have to worry Section 1701(b)(2) of title I of the Omnibus Earlier this year on April 30, the Su- about whether or not Congress will Crime Control and Safe Streets Act of 1968 preme Court approved changes to the take action, and they shouldn’t have to (42 U.S.C. 3796dd(b)(2)) is amended by insert- Federal rules that would shift this bal- ing ‘‘, including by prioritizing the hiring fight for years on end to recognize the and training of veterans (as defined in sec- ance, potentially greatly expanding the sacrifice made by their loved ones. We tion 101 of title 38, United States Code)’’ scope of search warrants. Neither the need to recognize that sacrifice now after ‘‘Nation’’. Senate nor the House held a hearing or and secure it for the future. The fami- a markup in the relevant committees lies of all Federal employees across the By Mr. COONS (for himself, Mr. to make these changes. The body of country need to know that we have DAINES, Mr. WYDEN, Mr. LEE, government closest to the people has their backs should the worst come to Mr. FRANKEN, Ms. BALDWIN, and failed to weigh in at all on an issue pass. Mr. PAUL): that immediately and directly impacts

VerDate Sep 11 2014 06:45 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.039 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6487 our constituents’ rights. If we in the who has been such a tireless, effective, gested, is allowing the Congress and Congress do nothing, the proposed rule and engaged advocate on exactly these the American people to have a chance changes will go into effect December 1 issues. to weigh in on the very substantial of this year. Mr. President, I yield the floor. constitutional questions surrounding While the proposed changes are not The PRESIDING OFFICER. The Sen- government hacking. necessarily good or bad, they are seri- ator from Oregon. I sit on the Senate Select Committee ous, and they present significant policy Mr. WYDEN. Mr. President, I thank on Intelligence. I think having joined concerns that I think warrant careful Senator COONS for his work, his very before 9/11, I am now, I believe, the consideration and debate. I wish to thoughtful statement, and I particu- longest serving member in history, quickly outline two of them today. larly appreciate his emphasizing the along with Senator FEINSTEIN, and we One change would allow any mag- fact that this effort began long before can tell you there is no question it is a istrate judge in any district in America November 8. This has been a bipartisan dangerous world. Go into the Select to issue a warrant for information out- effort for some time, with Democrats Committee on Intelligence, and it be- side that magistrate’s district if the lo- and Republicans across the political comes pretty clear there are a lot of cation of the information that law en- spectrum saying: Look, the country people out there who do not wish the forcement is seeking has been con- wants policies that make us safer and people of our great country well. It is cealed. This change ensures investiga- protect our liberties, and if we are not obvious, as my colleague from Dela- tors have a jurisdiction to go to where careful, we are going to get policies ware has noted, that law enforcement they can seek a warrant, particularly that don’t do much of either and in faces very substantial challenges be- for cyber information that is concealed fact set us back. cause technology is constantly evolv- and where it is impossible to know the I very much appreciate what my col- ing. So we want to make it clear, those district in which the attack originated. league is doing. It is a simple propo- of us who are supporting the Coons bill, Another change would allow a judge sition that Senator COONS advances that we don’t take a backseat to any- to issue a warrant for information on today; that is, when you are talking one in giving our agents the tools they devices located in five or more judicial about a monumental change—one need to demonstrate that security and districts. While the Department of Jus- judge with one warrant making it pos- liberty are not mutually exclusive. We tice argues this change will improve sible to hack thousands of computers— can have both. the efficiency of investigations by this is not just a modest alteration in That is why I wrote section 102 of the eliminating the need to seek multiple the way business is done in Wash- Freedom Act, which actually expanded warrants to reach all the devices that ington, DC, this is an enormous public the government’s ability to move when are suspected of being the same cyber policy shift. The idea the Congress— there was an emergency. We have had a criminal network, this represents a without even one hearing, without lot of discussions about our ability to sweeping change to how search war- even one debate, without even one op- protect our country in the event of an rants are traditionally reviewed, portunity for Members to weigh in for- emergency situation. That was a provi- issued, and executed. mally, in my view just defies common sion that I added and I felt particularly I think all Americans should want sense and our responsibilities. I very strongly about because I wanted to am- criminal investigations to proceed much appreciate what my colleague is plify on what my colleague has said; quickly and thoroughly, but I am con- doing. that we are interested in both liberty cerned these changes could remove im- Suffice it to say, this was important and security and in coming up with portant judicial safeguards by allowing before the election, but right now, policies that are compatible. one judge—one judge—to decide on a when we have scores of Americans won- What we have seen, and why the search that would give the government dering about the very future of the Coons review is so important, is that the ability to search and possibly alter core constitutional protections they too often government agencies have hundreds or even thousands of com- rely on, the bill Senator COONS is offer- cast too wide a net and swept up infor- puters owned by innocent Americans ing makes it clear those basic values mation from millions of Americans in- across the country. and the sanctity of the courts and due stead of focusing on the real threats— These changes would also incentivize process and the rule of law are not the criminals, the terrorists, the hack- investigators to forum shop—to seek a going to be values that are going to be ers. Our point with respect to this re- multijurisdictional warrant from the set aside because of what happened on view bill is that our job consists of official most likely to approve a sweep- November 8, and there are going to be more than just having a ‘‘trust us’’ pol- ing search. So, in October, a bipartisan Democrats and Republicans working icy from the Justice Department. Our group of 23 Members of Congress wrote together in the Senate. job is to ask the tough questions. Attorney General Lynch to request I remember when Senator PAUL, who My late father was a journalist. That more information about these changes has made very valuable contributions is what he said. Nobody wants to ask to Rule XLI, and we are still waiting on this and other issues, began to dis- the tough questions. It takes more for a response. With so many complex cuss some of these matters with me on time and it makes people uncomfort- questions unanswered, it is important the Select Committee on Intelligence. able, but that is what we are supposed the Department of Justice and this We, in effect, said: It is almost like we to do, and particularly right now, when body have time to carefully answer have a Ben Franklin caucus around so many Americans are concerned these questions. So today we are intro- here. Ben Franklin famously said: Any- about the threats to their liberty and ducing legislation that gives Congress one who gives up their liberty to have the security of our personal informa- that time, and Senators DAINES, LEE, security doesn’t deserve either. It tion. What Senator COONS is talking and FRANKEN have joined Senators seems to me my colleague is picking up about this morning is a more impor- WYDEN and me to delay these changes on those principles. tant check on the executive branch until July 1 of next year. Mr. President and colleagues, I will than we have had to debate in the past. We all want to ensure the American be brief. The Coons bill addresses the That is why my colleague’s work is so people are kept safe from cyber hack- cold fact that without urgent action timely this morning. ers and online criminal activity. We all this month, the government is going to This change would also effectively— want law enforcement to have the tools have unprecedented authority to hack if it were to go through in its current they need to keep us safe, but our de- into the personal phones, computers, form, Rule 41—turn innocent victims of sire for safety and our desire for an ef- tablets, or whatever devices Americans computer attacks into the victims of ficient criminal justice system should use. This would be a massive expansion additional government hacking. Again, not require us to forfeit our funda- of government hacking and surveil- this was alarming before November 8, mental constitutional rights to privacy lance powers, a vast expansion of Exec- but now we need to consider the pros- and protection from searches and sei- utive power. To do it without even a pect of an administration led by some- zures. congressional debate would be just a one who openly said he wants the Let me now yield the floor to my monumental mistake. What ought to power to hack his political opponents friend and colleague Senator WYDEN, be done, as Senator COONS has sug- exhibited by the Russians.

VerDate Sep 11 2014 05:24 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.024 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6488 CONGRESSIONAL RECORD — SENATE November 17, 2016 It is troubling how little the Con- there are problems, and they are going SUBMITTED RESOLUTIONS gress knows about how the government to say to each of us: What were you currently uses its hacking authority thinking? Why did you vote to allow and what it plans to do with expanded policies that would permit hacking in SENATE RESOLUTION 616—SUP- powers under Rule 41. Is it going to this fashion? PORTING THE GOALS AND IDEALS OF AMERICAN DIABETES clean all the botnets in the world, like Colleagues are going to say: Gee, we MONTH the one that recently attacked the didn’t vote at all. Internet backbone company? If that is Mrs. SHAHEEN (for herself and Ms. They are going to say: You didn’t the case, what is the software going to COLLINS) submitted the following reso- vote at all? You must have had some look like? This kind of good-guy hack- lution; which was referred to the Com- meetings. ing is risky, incredibly risky, even mittee on Health, Education, Labor, when you have individuals with the Well, we didn’t have any meetings. and Pensions: best of motivations in your corner. We didn’t have any debates. We didn’t S. RES. 616 As Senator COONS indicated, we put have any discussion. together a letter late in October, before Whereas according to the Centers for Dis- Then they are going to say: You al- ease Control and Prevention (referred to in the election. This is a theme Members lowed mass hacking by just kind of this preamble as the ‘‘CDC’’), in the United are going to hear. Before the election, dropping the ball and saying you have States— many of these concerns were raised, other stuff to do? (1) nearly 30,000,000 individuals have diabe- and we said to Attorney General Lynch tes; and that we have some basic questions, I think the American people are (2) an estimated 86,000,000 individuals aged such as: How does the government in- going to react very badly if that is, in 20 years and older have prediabetes; tend to prevent forum shopping by fact, what happens. Whereas diabetes is a serious chronic con- prosecutors seeking court approval to dition that affects individuals of every age, So I commend Senator COONS. He race, ethnicity, and income level; hack into Americans’ devices? How is consistently comes to the floor and ap- Whereas the CDC reports that Hispanics, the government going to prevent col- peals across the aisle. I so appreciate African Americans, Asian Americans, and lateral damage to innocent Americans’ it. I hope we will see action on the Sen- Native American adults are disproportion- devices of electronic data when it re- ator’s very thoughtful bill. I am proud ately affected by diabetes and suffer from motely searches devices such as to be a cosponsor. the disease at rates that are much higher smartphones or medical devices? than the general population of the United What the latest numbers indicate is I yield the floor. States; that a major source of cyber attacks The PRESIDING OFFICER. The Sen- Whereas an individual aged 20 years or older is diagnosed with diabetes every 19 sec- are our wonderful medical facilities. ator from Montana. onds; The questions we asked in that October Mr. DAINES. Mr. President, as some- Whereas approximately 4,660 individuals in 27 letter speak to that. We want to one who spent over a decade in the pri- the United States aged 20 years or older are know whether the government intends vate tech sector, I know firsthand the diagnosed with diabetes each day; to use its new authority to search and challenges our country faces when it Whereas the CDC estimates that approxi- ‘‘clean’’ American computers? How is mately 1,700,000 individuals in the United comes to cyber criminals. Technology States aged 20 years and older were newly di- the government going to maintain a has made it easier than ever for bad ac- chain of custody when searching or re- agnosed with diabetes in 2012; tors to steal identities, distribute Whereas a joint study carried out by the moving evidence from a device? How is malware, and commit a whole host of National Institutes of Health and the CDC the government going to notify Ameri- other crimes, all from behind the com- found that in the United States during 2008 cans who are the subject of remote gov- puter screen. Law enforcement is fac- and 2009, an estimated 18,436 youth were ernment searches? ing tremendous challenges in tracking newly diagnosed with type 1 diabetes, and I am very troubled by the language and stopping these criminals. 5,089 youth were newly diagnosed with type 2 in the current proposal, which suggests diabetes; the notice process will be very dif- The fact is, our law enforcement poli- Whereas according to the CDC, the preva- ferent than what Americans have tra- cies need to be updated to reflect the lence of diabetes in the United States in- ditionally thought about in kind of the reality of the 21st century, but these creased by more than 400 percent between 1980 and 2014; physical world with respect to notice. policy changes need to be made through a process that is transparent, Whereas the CDC reports that 27.8 percent The Coons bill is important business of individuals with diabetes in the United because we have not yet, our bipartisan effective, and one that protects our States have not been diagnosed with the dis- group of 23, gotten answers to these civil liberties. ease; questions. We are going to keep trying The changes to rule XLI of the Fed- Whereas in the United States, more than 12 to learn more about why it might or eral Rules of Criminal Procedure would percent of adults aged 20 years and older and might not be necessary for the govern- allow the government to hack an un- 25.9 percent of individuals aged 65 years and older have diabetes; ment to have the authority. limited number of Americans’ com- I will wrap up this discussion with Whereas as many as 1 in 3 adults in the puters—including innocent victims’ United States will have diabetes in 2050 if Senator COONS—which I thank him for computers—with a single warrant. This the present trend continues; leading—by way of saying that I have rule change was approved behind closed Whereas after accounting for the difference issued warnings before on the floor and doors at the Department of Justice. of the average age of each population, data have seen what happens when those Fundamental changes to the way we surveying individuals aged 20 years or older warnings aren’t heeded. I just want to allow law enforcement to execute in the United States between 2010 and 2012 say this morning that I believe if the searches need to be made through a indicates that 7.6 percent of non-Hispanic whites, 13.2 percent of non-Hispanic blacks, Senate fails to stand up for our con- process that is fully transparent to the stituents now and do what Senator 12.8 percent of Hispanics, and 9.0 percent of American people. We cannot give the Asian Americans suffered from diagnosed di- COONS is talking about, which is our Federal Government a blank check to abetes; job—vigorous oversight, asking the infringe upon our civil liberties. Whereas after accounting for the difference hard questions, getting the facts about If Congress does not act, this rule of the average age of each population, data new technological questions that are surveying Hispanic individuals aged 20 years evolving—I believe there are going to change will automatically go into ef- or older in the United States between 2010 be problems with Rule 41. fect December 1. This bill simply and 2012 indicates that 8.5 percent of individ- I believe there are going to be prob- delays the rule change. It is a delay uals of Central and South American descent, lems at hospitals, at power grids, at which will allow Congress to consider 9.3 percent of individuals of Cuban descent, major American institutions and that new law enforcement tools through a 13.9 percent of individuals of Mexican de- process they deserve. I urge my col- scent, and 14.8 percent of individuals of Puer- if we do nothing, except what Congress to Rican descent suffered from diagnosed di- does best—which is nothing—and let leagues to join my colleagues in delay- ing this rule. abetes; this go through, I think our constitu- Whereas according to the American Diabe- ents are going to come back when Mr. President, I yield the floor. tes Association, in 2012, the United States

VerDate Sep 11 2014 05:24 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.025 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6489 spent an estimated $245,000,000,000 on cases of (B) national trucking firms to alert their Whereas the Chicago Cubs infield of An- diagnosed diabetes; drivers to be especially focused on driving thony Rizzo, Ben Zobrist, Kris Bryant, and Whereas the American Diabetes Associa- safely on the Sunday after Thanksgiving, Addison Russell were the first foursome to tion reports that 20 percent of the funds that and to publicize the importance of the day start an All-Star Game since 1963 and the the United States spent on health care in through use of the Citizens Band Radio Serv- second one ever; 2012 went towards caring for individuals with ice and at truck stops across the United Whereas the Chicago Cubs bounced back diabetes; States; from a disappointing loss in the 2015 playoffs Whereas a study carried out by (C) clergies to remind their congregations to win the National League Championship Mathematica Policy Research found that to travel safely when attending services and pennant for the first time since 1945; total expenditures for individuals with dia- gatherings; Whereas Chicago Cubs outfielder Dexter betes receiving benefits under the Medicare (D) law enforcement personnel to remind Fowler became the first African-American program under title XVIII of the Social Se- drivers and passengers to drive safely, par- Chicago Cubs player to play in a World Se- curity Act (42 U.S.C. 1395 et seq.) in fiscal ticularly on the Sunday after Thanksgiving; ries and went on to hit a lead-off home run year 2005 comprised 32.7 percent of the budg- (E) motorists to drive safely, not just dur- in Game 7 of the World Series; et for the Medicare program in that fiscal ing the holiday season, but every time they Whereas Chicago Cubs catcher Miguel year; get behind the wheel; and Montero hit a grand slam in Game 1 of the Whereas according to the CDC, in the (F) all people of the United States to un- National League Championship Series and United States in 2010, diabetes was the sev- derstand the life-saving importance of wear- drove in the final, winning Chicago Cubs run enth leading cause of death and contributed ing a seat belt and to use the Sunday after in the 10th inning of Game 7 of the World Se- to the death of more than 234,051 individuals; Thanksgiving as an opportunity to educate ries; Whereas as of November 2016, a cure for di- themselves about highway safety; and Whereas Chicago Cubs shortstop Addison abetes does not exist; (2) designates November 27, 2016, as ‘‘Drive Russell tied the single-game record for runs Whereas there are successful means to re- Safer Sunday’’. batted in (referred to in this preamble as duce the incidence or delay the onset of type f ‘‘RBI’’) for a World Series game after he bat- 2 diabetes; ted in 6 runs in Game 6 of the World Series, Whereas with proper management and SENATE RESOLUTION 618—COM- including a grand slam in the third inning; treatment, individuals with diabetes live MENDING AND CONGRATU- Whereas Chicago Cubs catcher David Ross, healthy, productive lives; and LATING THE CHICAGO CUBS ON in the final game of his 15-year Major League Whereas individuals in the United States THEIR 2016 WORLD SERIES VIC- Baseball career, hit a home run in Game 7 of celebrate American Diabetes Month in No- TORY the World Series; vember: Now, therefore, be it Whereas Kyle Schwarber, after severely in- Resolved, That the Senate— Mr. KIRK (for himself, Mr. DURBIN, juring his knee during the third game of the (1) supports the goals and ideals of Amer- Mr. COATS, and Mr. DONNELLY) sub- regular season, recovered through persever- ican Diabetes Month, including— mitted the following resolution; which ance and determination and was added to the (A) encouraging individuals in the United was considered and agreed to: World Series roster, where, in one of the States to fight diabetes through public S. RES. 618 greatest sports comeback stories of all time, awareness of prevention and treatment op- Whereas, on November 2, 2016, the Chicago he— tions; and Cubs won the 2016 World Series with an 8-7 (1) hit .412 and had a .500 on-base-percent- (B) enhancing diabetes education; victory over the Cleveland Indians; age in the World Series; and (2) recognizes the importance of early de- Whereas the Chicago Cubs won the World (2) following a 17-minute rain delay, ig- tection, awareness of the symptoms, and un- Series in Game 7 at Progressive Field in nited the 10th inning rally in Game 7 of the derstanding the risk factors of diabetes, in- Cleveland, Ohio; World Series with a lead-off single; cluding— Whereas the Chicago Cubs came back from Whereas Chicago Cubs second baseman (A) being over the age of 45 years; a 3-1 World Series deficit to win 3 thrilling Javier Baez and pitcher Jon Lester were co- (B) having a specific racial and ethnic games in a row and became World Series recipients of the National League Champion- background; Champions for the first time in 108 years; ship Series Most Valuable Player Award, (C) being overweight; Whereas all 25 players on the World Series after— (D) having a low level of physical activity; roster of the Chicago Cubs should be con- (1) Javier Baez hit .318 in the 6-game Na- (E) having high blood pressure; and gratulated, including Albert Almora Jr., tional League Championship Series, stole 2 (F) having a family history of diabetes or Jake Arrieta, Javier Baez, Kris Bryant, bases, including home plate, and made a a history of diabetes during pregnancy; and Aroldis Chapman, Chris Coghlan, Willson number of incredible defensive plays; and (3) supports decreasing the prevalence of Contreras, Carl Edwards Jr., Dexter Fowler, (2) Jon Lester had a 1.38 earned run aver- type 1, type 2, and gestational diabetes in Justin Grimm, Kyle Hendricks, Jason Hey- age in 2 starts against the Los Angeles Dodg- the United States through increased reward, John Lackey, Jon Lester, Miguel ers during the National League Champion- search, treatment, and prevention. Montero, Mike Montgomery, Anthony Rizzo, ship Series, allowing just 2 runs over 13 in- f Hector Rondon, David Ross, Addison Russell, nings and striking out 9 batters; Whereas Chicago Cubs utility man and Eu- SENATE RESOLUTION 617—DESIG- Kyle Schwarber, Jorge Soler, Pedro Strop, Travis Wood, and Ben Zobrist; reka, Illinois, native Ben Zobrist received NATING NOVEMBER 27, 2016, AS Whereas, in addition to the World Series unanimous support for and won the World ‘‘DRIVE SAFER SUNDAY’’ roster, all Chicago Cubs players who contrib- Series Most Valuable Player Award, the first Mr. ISAKSON (for himself, Mr. uted to the 2016 regular season should be Chicago Cub ever to win the award, after— (1) hitting .357 in the World Series; COONS, and Mr. PERDUE) submitted the congratulated, including Jake Buchanan, following resolution; which was consid- Trevor Cahill, Jeimer Candelario, Gerardo (2) driving in the go-ahead run in the 10th Concepcion, Tim Federowicz, Jason Hammel, inning of Game 7 with an RBI double; and ered and agreed to: Ryan Kalish, Munenori Kawasaki, Tommy (3) leading the Chicago Cubs to an eventual S. RES. 617 La Stella, Brian Matusz, Joe Nathan, Spen- World Series win; Whereas motor vehicle travel is the pri- cer Patton, Felix Pen˜ a, Joel Peralta, Neil Whereas Chicago Cubs first baseman An- mary means of transportation in the United Ramirez, Clayton Richard, Joe Smith, Matt thony Rizzo and outfielder Jason Heyward States; Szczur, Adam Warren, and Rob Zastryzny; received Gold Glove Awards for their 2016 de- Whereas every individual traveling on the Whereas the front office, the clubhouse, fensive accomplishments; roads and highways needs to drive in a safer and all supporting staff and team members Whereas Chicago Cubs first baseman An- manner to reduce deaths and injuries that of the Chicago Cubs should be congratulated; thony Rizzo and pitcher Jake Arrieta re- result from motor vehicle accidents; Whereas the Chicago Cubs won an incred- ceived Silver Slugger Awards for their 2016 Whereas according to the National High- ible 103 games during the regular season, offensive accomplishments; way Traffic Safety Administration, wearing which earned the team the best record in Whereas Chicago Cubs third baseman Kris a seat belt saves as many as 15,000 lives each Major League Baseball; Bryant received the 2016 National League year; and Whereas the Chicago Cubs overcame the Hank Aaron Award for his offensive accom- Whereas the Sunday after Thanksgiving is American League winning the Major League plishments and is a candidate for the 2016 the busiest highway traffic day of the year: Baseball All-Star Game, which gave the Indi- National League Most Valuable Player Now, therefore, be it ans home field advantage for the World Se- Award after having been unanimously named Resolved, That the Senate— ries; the 2015 National League Rookie of the Year; (1) encourages— Whereas the Chicago Cubs had 7 players se- Whereas Chicago Cubs pitchers Kyle Hen- (A) high schools, colleges, universities, ad- lected to the 2016 Major League Baseball All- dricks and Jon Lester were candidates for ministrators, teachers, primary schools, and Star Game, who should be congratulated, in- the 2016 National League Cy Young Award, secondary schools to launch campus-wide cluding Anthony Rizzo, Ben Zobrist, Kris following pitcher Jake Arrieta having re- educational campaigns to urge students to Bryant, Addison Russell, Dexter Fowler, ceived the 2015 National League Cy Young focus on safety when driving; Jake Arrieta, and Jon Lester; Award;

VerDate Sep 11 2014 05:24 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.043 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6490 CONGRESSIONAL RECORD — SENATE November 17, 2016 Whereas Chicago Cubs manager Joe SENATE RESOLUTION 619—RECOG- Whereas Native Americans have made dis- Maddon was a candidate for the 2016 Na- NIZING NATIONAL NATIVE tinct and important contributions to the tional League Manager of the Year Award, AMERICAN HERITAGE MONTH United States and the rest of the world in after having received the 2015 National AND CELEBRATING THE HERIT- many fields, including the fields of agri- League Manager of the Year Award; culture, medicine, music, language, and art; Whereas Chicago Cubs President of Base- AGES AND CULTURES OF NA- Whereas Native Americans have distin- ball Operations Theo Epstein joined the Chi- TIVE AMERICANS AND THE CON- guished themselves as inventors, entre- cago Cubs front office in 2011 and succeeded TRIBUTIONS OF NATIVE AMERI- preneurs, spiritual leaders, and scholars; in building a World Series Champion team; CANS TO THE UNITED STATES Whereas Native Americans have served Whereas the Chicago Cubs fell short in the Mr. BARRASSO (for himself, Ms. with honor and distinction in the Armed 2015 National League Championship Series, Forces and continue to serve in the Armed BALDWIN, Ms. CANTWELL, Mr. CRAPO, fueling a determination— Forces in greater numbers per capita than Mr. DAINES, Mr. FRANKEN, Mr. HATCH, (1) to return to the playoffs; and any other group in the United States; Mr. HEINRICH, Ms. HEITKAMP, Mr. HELL- Whereas the United States has recognized (2) to win a World Series in 2016; ER, Ms. HIRONO, Mr. HOEVEN, Mr. the contribution of the Native American Whereas Chicago Cubs fans followed the INHOFE, Mr. JOHNSON, Mr. KAINE, Ms. code talkers in World War I and World War triumphs of the 2016 season by tuning into KLOBUCHAR, Mr. MCCAIN, Mr. MORAN, II, who used indigenous languages as an un- games called by Chicago Cubs television Ms. MURKOWSKI, Mrs. MURRAY, Mr. breakable military code, saving countless broadcasters Len Kasper and Jim Deshaies REID, Mr. ROUNDS, Mr. SCHATZ, Ms. lives in the United States; and and Chicago Cubs radio broadcasters Pat STABENOW, Mr. SULLIVAN, Mr. TESTER, Whereas the people of the United States Hughes and Ron Coomer; Mr. THUNE, Mr. UDALL, Mr. WYDEN, Mr. have reason to honor the great achievements Whereas the Chicago Cubs played 3 excel- and contributions of Native Americans and ENZI, Mr. GARDNER, Mr. LANKFORD, and lent teams in the 2016 postseason that de- their ancestors: Now, therefore, be it serve congratulations for their achieve- Mr. KING) submitted the following res- Resolved, That the Senate— ments, including— olution; which was considered and (1) recognizes the month of November 2016 (1) the San Francisco Giants in the Na- agreed to: as ‘‘National Native American Heritage tional League Division Series; S. RES. 619 Month’’; Whereas, from November 1, 2016, through (2) recognizes the Friday after Thanks- (2) the Los Angeles Dodgers in the Na- giving as ‘‘Native American Heritage Day’’ tional League Championship Series; and November 30, 2016, the United States cele- brates National Native American Heritage in accordance with section 2(10) of the Native (3) the Cleveland Indians in the World Se- Month; American Heritage Day Act of 2009 (Public ries; Whereas National Native American Herit- Law 111–33; 123 Stat. 1923); and Whereas the Chicago Cubs won their first age Month is an opportunity to consider and (3) urges the people of the United States to World Series since 1908, filling people in Chi- recognize the contributions of Native Ameri- observe National Native American Heritage cago and Chicago Cubs fans everywhere with cans to the history of the United States; Month and Native American Heritage Day pride; Whereas Native Americans are descendants with appropriate programs and activities. Whereas the Chicago Cubs showed extraor- of the original, indigenous inhabitants of f dinary steadiness, teamwork, focus, and love what is now the United States; of the game in proving again to be an organi- Whereas the Bureau of the Census esti- AMENDMENTS SUBMITTED AND zation of great character, determination, and mated that, in 2010, there were more than PROPOSED heart, a reflection of the city of Chicago and 5,000,000 individuals of Native American de- SA 5110. Mr. ALEXANDER submitted an the State of Illinois; scent in the United States; amendment intended to be proposed by him Whereas on November 4, 2016, an estimated Whereas Native Americans maintain vi- to the bill S. 2873, to require studies and re- 5,000,000 fans gathered in Chicago to fly the brant cultures and traditions and hold a ports examining the use of, and opportuni- W flag and celebrate the Chicago Cubs vic- deeply rooted sense of community; ties to use, technology-enabled collaborative tory in the largest parade and rally in Whereas Native Americans have moving learning and capacity building models to im- United States history; and stories of tragedy, triumph, and persever- prove programs of the Department of Health Whereas the Chicago Cubs are the 2016 ance that need to be shared with future gen- and Human Services, and for other purposes; World Series champions: Now, therefore, be erations; which was ordered to lie on the table. it Whereas Native Americans speak and pre- SA 5111. Mr. MCCONNELL (for Mr. MORAN Resolved, That the Senate— serve indigenous languages, which have con- (for himself and Mr. TESTER)) proposed an (1) commends the Chicago Cubs on their— tributed to the English language by being amendment to the bill H.R. 3471, to amend (A) 2016 World Series championship title; used as names of individuals and locations title 38, United States Code, to make certain and throughout the United States; improvements in the provision of auto- (B) outstanding performance during the Whereas Congress has consistently re- mobiles and adaptive equipment by the De- 2016 Major League Baseball season; affirmed the support of the United States of partment of Veterans Affairs. tribal self-governance and self-determination (2) recognizes the achievements of the f players, coaches, management, and support and the commitment of the United States to staff of the Chicago Cubs and the operations improving the lives of all Native Americans TEXT OF AMENDMENTS staff of Wrigley Field, the dedication and by— Mr. ALEXANDER submitted (1) enhancing health care and law enforce- SA 5110. persistence of whom made victory possible; an amendment intended to be proposed (3) congratulates— ment resources; and (A) the city of Chicago; (2) improving the housing and socio- by him to the bill S. 2873, to require (B) the entire Chicagoland area; economic status of Native Americans; studies and reports examining the use (C) Chicago Cubs fans everywhere; Whereas the United States is committed to of, and opportunities to use, tech- (D) the mayor of the City of Chicago, the strengthening the government-to-govern- nology-enabled collaborative learning Honorable Rahm Emanuel; ment relationship that the United States has and capacity building models to im- (E) Chicago Cubs Chairman, Mr. Tom maintained with the various Indian tribes; prove programs of the Department of Ricketts, and the Ricketts family; Whereas Congress has recognized the contributions of the Iroquois Confederacy and Health and Human Services, and for (F) Chicago Cubs President of Baseball Op- other purposes; which was ordered to erations, Mr. Theo Epstein; the influence of the Iroquois Confederacy on (G) Chicago Cubs Executive Vice President the Founding Fathers in the drafting of the lie on the table; as follows: and General Manager, Mr. Jed Hoyer; Constitution of the United States with the Strike all after the enacting clause and in- (H) Chicago Cubs President of Business Op- concepts of— sert the following: (1) freedom of speech; erations, Mr. Crane Kenney; and SECTION 1. SHORT TITLE. (2) the separation of governmental powers; This Act may be cited as the ‘‘Expanding (I) Executive Vice President of Community and Capacity for Health Outcomes Act’’ or the and Government Affairs and Chief Legal Of- (3) the system of checks and balances be- ficer, Mr. Michael Lufrano; and tween the branches of government; ‘‘ECHO Act’’. (4) respectfully requests that the Secretary Whereas, with the enactment of the Native SEC. 2. DEFINITIONS. of the Senate transmit an enrolled copy of American Heritage Day Act of 2009 (Public In this Act: this resolution to— Law 111–33; 123 Stat. 1922), Congress— (1) HEALTH PROFESSIONAL SHORTAGE AREA.— (A) Chicago Cubs Chairman, Mr. Tom (1) reaffirmed the government-to-govern- The term ‘‘health professional shortage Ricketts; ment relationship between the United States area’’ means a health professional shortage (B) Chicago Cubs President of Baseball Op- and Native American governments; and area designated under section 332 of the Pub- erations, Mr. Theo Epstein; and (2) recognized the important contributions lic Health Service Act (42 U.S.C. 254e). (C) Chicago Cubs Manager, Mr. Joe of Native Americans to the culture of the (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ Maddon. United States; has the meaning given the term in section 4

VerDate Sep 11 2014 06:45 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.050 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6491 of the Indian Self-Determination and Edu- (i) the use and integration of technology- (2) The development of standards for safety cation Assistance Act (25 U.S.C. 5304). enabled collaborative learning and capacity and quality of equipment and installation of (3) MEDICALLY UNDERSERVED AREA.—The building models by health care providers; equipment through the automobile adaptive term ‘‘medically underserved area’’ has the (ii) the impact of such models on health equipment program, including with respect meaning given the term ‘‘medically under- care provider retention, including in health to the defined differentiations in levels of served community’’ in section 799B of the professional shortage areas in the States and modification complexity. Public Health Service Act (42 U.S.C. 295p). communities in which such models have (3) The consistent application of standards (4) MEDICALLY UNDERSERVED POPULATION.— been adopted; for safety and quality of both equipment and The term ‘‘medically underserved popu- (iii) the impact of such models on the qual- installation throughout the Department. lation’’ has the meaning given the term in ity of, and access to, care for patients in the (4) In accordance with subsection (c)(1), the section 330(b) of the Public Health Service States and communities in which such mod- certification of a provider by a manufacturer Act (42 U.S.C. 254b(b)). els have been adopted; if the Secretary designates the quality (5) NATIVE AMERICANS.—The term ‘‘Native (iv) the barriers faced by health care pro- standards of such manufacturer as meeting Americans’’ has the meaning given the term viders, States, and communities in adopting or exceeding the standards developed under in section 736 of the Public Health Service such models; this section. Act (42 U.S.C. 293) and includes Indian tribes (v) the impact of such models on the abil- (5) In accordance with subsection (c)(2), the and tribal organizations. ity of local health care providers and special- certification of a provider by a third party, ists to practice to the full extent of their (6) SECRETARY.—The term ‘‘Secretary’’ nonprofit organization if the Secretary des- means the Secretary of Health and Human education, training, and licensure, including ignates the quality standards of such organi- Services. the effects on patient wait times for spe- zation as meeting or exceeding the standards cialty care; and (7) TECHNOLOGY-ENABLED COLLABORATIVE developed under this section. (vi) efficient and effective practices used LEARNING AND CAPACITY BUILDING MODEL.— (6) The education and training of personnel by States and communities that have adopt- The term ‘‘technology-enabled collaborative of the Department who administer the auto- ed such models, including potential cost-ef- learning and capacity building model’’ mobile adaptive equipment program. fectiveness of such models. means a distance health education model (7) The compliance of the provider with the (B) A list of such models that have been that connects specialists with multiple other Americans with Disabilities Act of 1990 (42 funded by the Secretary in the 5 years imme- health care professionals through simulta- U.S.C. 12101 et seq.) when furnishing auto- diately preceding such report, including the neous interactive videoconferencing for the mobile adaptive equipment at the facility of Federal programs that have provided funding purpose of facilitating case-based learning, the provider. for such models. disseminating best practices, and evaluating (8) The allowance, where technically ap- (C) Recommendations to reduce barriers outcomes. propriate, for veterans to receive modifica- for using and integrating such models, and (8) TRIBAL ORGANIZATION.—The term ‘‘trib- tions at their residence or location of choice, opportunities to improve adoption of, and including standards that ensure such receipt al organization’’ has the meaning given the support for, such models as appropriate. term in section 4 of the Indian Self-Deter- and notification to veterans of the avail- (D) Opportunities for increased adoption of ability of such receipt. mination and Education Assistance Act (25 such models into programs of the Depart- (c) CERTIFICATION OF MANUFACTURERS AND U.S.C. 5304). ment of Health and Human Services that are THIRD PARTY, NONPROFIT ORGANIZATIONS.— in existence as of the report. SEC. 3. EXAMINATION AND REPORT ON TECH- (1) CERTIFICATION OF MANUFACTURERS.—The (E) Recommendations regarding the role of NOLOGY-ENABLED COLLABORATIVE Secretary shall approve a manufacturer as a LEARNING AND CAPACITY BUILDING such models in continuing medical education certifying manufacturer for purposes of sub- MODELS. and lifelong learning, including the role of section (b)(4), if the manufacturer dem- (a) EXAMINATION.— academic medical centers, provider organizations, and community providers in such edu- onstrates that its certification standards (1) IN GENERAL.—The Secretary shall exam- cation and lifelong learning. meet or exceed the quality standards devel- ine technology-enabled collaborative learn- oped under this section. ing and capacity building models and their SA 5111. Mr. MCCONNELL (for Mr. (2) CERTIFICATION OF THIRD PARTY, NON- impact on— PROFIT ORGANIZATIONS.— (A) addressing mental and substance use MORAN (for himself and Mr. TESTER)) proposed an amendment to the bill (A) IN GENERAL.—The Secretary may ap- disorders, chronic diseases and conditions, prove two or more private, nonprofit organi- prenatal and maternal health, pediatric care, H.R. 3471, to amend title 38, United zations as third party, nonprofit certifying pain management, and palliative care; States Code, to make certain improve- organizations for purposes of subsection (B) addressing health care workforce ments in the provision of automobiles (b)(5). issues, such as specialty care shortages and and adaptive equipment by the Depart- (B) LIMITATION.—If at any time there is primary care workforce recruitment, reten- ment of Veterans Affairs; as follows: only one third party, nonprofit certifying or- tion, and support for lifelong learning; Strike all after the enacting clause and in- ganization approved by the Secretary for (C) the implementation of public health sert the following: purposes of subsection (b)(5), such organiza- programs, including those related to disease SECTION 1. SHORT TITLE. tion shall not be permitted to provide cer- prevention, infectious disease outbreaks, and This Act may be cited as the ‘‘Veterans tifications under such subsection until such public health surveillance; Mobility Safety Act of 2016’’. time as the Secretary approves a second (D) the delivery of health care services in SEC. 2. PERSONAL SELECTIONS OF AUTO- third party, nonprofit certifying organiza- rural areas, frontier areas, health profes- MOBILES AND ADAPTIVE EQUIP- tion for purposes of such subsection. sional shortage areas, and medically under- MENT. (d) UPDATES.— served areas, and to medically underserved Section 3903(b) of title 38, United States (1) INITIAL UPDATES.—Not later than 1 year populations and Native Americans; and Code, is amended— after the date of the enactment of this Act, (E) addressing other issues the Secretary (1) by striking ‘‘Except’’ and inserting ‘‘(1) the Secretary shall update Veterans Health determines appropriate. Except’’; and Administration Handbook 1173.4, or any suc- (2) CONSULTATION.—In the examination re- (2) by adding at the end the following new cessor handbook or directive, in accordance quired under paragraph (1), the Secretary paragraph: with the policy developed under subsection shall consult public and private stakeholders ‘‘(2) The Secretary shall ensure that to the (a). with expertise in using technology-enabled extent practicable an eligible person who is (2) SUBSEQUENT UPDATES.—Not less fre- collaborative learning and capacity building provided an automobile or other conveyance quently than once every 6 years thereafter, models in health care settings. under this chapter is given the opportunity the Secretary shall update such handbook, to make personal selections relating to such (b) REPORT.— or any successor handbook or directive. automobile or other conveyance.’’. (1) IN GENERAL.—Not later than 2 years (e) CONSULTATION.—The Secretary shall de- after the date of enactment of this Act, the SEC. 3. COMPREHENSIVE POLICY FOR THE AUTO- velop the policy under subsection (a), and re- MOBILES ADAPTIVE EQUIPMENT Secretary shall submit to the Committee on PROGRAM. vise such policy under subsection (d), in con- Health, Education, Labor, and Pensions of (a) COMPREHENSIVE POLICY.—The Secretary sultation with veterans service organiza- the Senate and the Committee on Energy of Veterans Affairs shall develop a com- tions, the National Highway Transportation and Commerce of the House of Representa- prehensive policy regarding quality stand- Administration, industry representatives, tives, and post on the appropriate website of ards for providers who provide modification manufacturers of automobile adaptive equip- the Department of Health and Human Serv- services to veterans under the automobile ment, and other entities with expertise in in- ices, a report based on the examination adaptive equipment program. stalling, repairing, replacing, or manufac- under subsection (a). (b) SCOPE.—The policy developed under turing mobility equipment or developing mo- (2) CONTENTS.—The report required under subsection (a) shall cover each of the fol- bility accreditation standards for auto- paragraph (1) shall include findings from the lowing: mobile adaptive equipment. examination under subsection (a) and each of (1) The Department of Veterans Affairs- (f) CONFLICTS.—In developing and imple- the following: wide management of the automobile adapt- menting the policy under subsection (a), the (A) An analysis of— ive equipment program. Secretary shall—

VerDate Sep 11 2014 05:24 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.052 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6492 CONGRESSIONAL RECORD — SENATE November 17, 2016

(1) minimize the possibility of conflicts of the non-medical treatment plan developed SELECT COMMITTEE ON INTELLIGENCE interest, to the extent practicable; and by an audiologist; and Mr. CORNYN. Mr. President, I ask (2) establish procedures that ensure (3) the medical facilities of the Department unanimous consent that the Select against the use of a certifying organization of Veterans Affairs provide to veterans ac- Committee On Intelligence be author- referred to in subsection (b)(5) that has a fi- cess to the full range of professional services nancial conflict of interest regarding the provided by an audiologist. ized to meet during the session of the certification of an eligible provider. (c) CONSULTATION.—In determining the Senate on November 17, 2016, at 2 p.m., (g) BIENNIAL REPORT.— qualifications required for hearing aid spe- in room SH–219 of the Hart Senate Of- (1) IN GENERAL.—Not later than 1 year after cialists and in carrying out subsection (b), fice Building. the date on which the Secretary updates the Secretary shall consult with veterans The PRESIDING OFFICER. Without Veterans Health Administration Handbook service organizations, audiologists, objection, it is so ordered. 1173.4, or any successor handbook or direc- otolaryngologists, hearing aid specialists, tive, under subsection (d), and not less fre- and other stakeholder and industry groups f quently than once every other year there- as the Secretary determines appropriate. PRIVILEGES OF THE FLOOR after through 2022, the Secretary shall sub- (d) ANNUAL REPORT.— mit to the Committee on Veterans’ Affairs of (1) IN GENERAL.—Not later than 1 year after Mr. WYDEN. Mr. President, I ask the Senate and the Committee on Veterans’ the date of the enactment of this Act, and unanimous consent that Sophia Vogt Affairs of the House of Representatives a re- annually thereafter during the 5-year period and Emily Douglas, legislative fellow port on the implementation and facility beginning on the date of the enactment of in my office, be granted the privilege of compliance with the policy developed under this Act, the Secretary of Veterans Affairs the floor for the remainder of this Con- subsection (a). shall submit to Congress a report on the fol- gress. (2) CONTENTS.—The report required by lowing: The PRESIDING OFFICER. Without (A) Timely access of veterans to hearing paragraph (1) shall include the following: objection, it is so ordered. (A) A description of the implementation health services through the Department of plan for the policy developed under sub- Veterans Affairs. Mr. NELSON. Mr. President, I ask section (a) and any revisions to such policy (B) Contracting policies of the Department unanimous consent that Major—Lieu- under subsection (d). with respect to providing hearing health tenant Colonel-select—Chivis, our de- (B) A description of the performance meas- services to veterans in facilities that are not fense fellow, be granted the privileges ures used to determine the effectiveness of facilities of the Department. of the floor for the rest of this session. such policy in ensuring the safety of vet- (2) TIMELY ACCESS TO SERVICES.—Each re- The PRESIDING OFFICER. Without erans enrolled in the automobile adaptive port shall, with respect to the matter speci- objection, it is so ordered. fied in paragraph (1)(A) for the 1-year period equipment program. The PRESIDING OFFICER. The ma- (C) An assessment of safety issues due to preceding the submittal of such report, in- improper installations based on a survey of clude the following: jority leader. recipients of adaptive equipment from the (A) The staffing levels of audiologists, f Department. hearing aid specialists, and health techni- (D) An assessment of the adequacy of the cians in audiology in the Veterans Health UNANIMOUS CONSENT adaptive equipment services of the Depart- Administration. AGREEMENT—S. 2873 ment based on a survey of recipients of (B) A description of the metrics used by Mr. MCCONNELL. Mr. President, I adaptive equipment from the Department. the Secretary in measuring performance ask unanimous consent that at 11 a.m. (E) An assessment of the training provided with respect to appointments and care relat- on Tuesday, November 29, the Com- to the personnel of the Department with re- ing to hearing health. spect to administering the program. (C) The average time that a veteran waits mittee on Health, Education, Labor, (F) An assessment of the certified pro- to receive an appointment, beginning on the and Pensions be discharged from fur- viders of the Department of adaptive equip- date on which the veteran makes the re- ther consideration of S. 2873 and the ment with respect to meeting the minimum quest, for the following: Senate proceed to its immediate con- standards developed under subsection (b)(2). (i) A disability rating evaluation for a sideration. I further ask consent that (h) DEFINITIONS.—In this section: hearing-related disability. the Alexander substitute amendment (1) AUTOMOBILE ADAPTIVE EQUIPMENT PRO- (ii) A hearing aid evaluation. No. 5110 be agreed to, that there be up GRAM.—The term ‘‘automobile adaptive (iii) Dispensing of hearing aids. to 30 minutes of debate, equally divided equipment program’’ means the program ad- (iv) Any follow-up hearing health appoint- ministered by the Secretary of Veterans Af- ment. in the usual form, and following the fairs pursuant to chapter 39 of title 38, (D) The percentage of veterans whose total use or yielding back of that time, the United States Code. wait time for appointments described in sub- bill, as amended, be read a third time, (2) VETERANS SERVICE ORGANIZATION.—The paragraph (C), including an initial and fol- and the Senate vote on the bill, as term ‘‘veterans service organization’’ means low-up appointment, if applicable, is more amended, with no intervening action or any organization recognized by the Sec- than 30 days. debate. retary for the representation of veterans (3) CONTRACTING POLICIES.—Each report The PRESIDING OFFICER. Without under section 5902 of title 38, United States shall, with respect to the matter specified in objection, it is so ordered. Code. paragraph (1)(B) for the 1-year period pre- f SEC. 4. APPOINTMENT OF LICENSED HEARING ceding the submittal of such report, include AID SPECIALISTS IN VETERANS the following: TOM STAGG FEDERAL BUILDING (A) The number of veterans that the Sec- HEALTH ADMINISTRATION. AND UNITED STATES COURT- (a) LICENSED HEARING AID SPECIALISTS.— retary refers to non-Department audiologists HOUSE (1) APPOINTMENT.—Section 7401(3) of title for hearing health care appointments. 38, United States Code, is amended by insert- (B) The number of veterans that the Sec- Mr. MCCONNELL. Mr. President, I ing ‘‘licensed hearing aid specialists,’’ after retary refers to non-Department hearing aid ask the Chair to lay before the Senate ‘‘Audiologists,’’. specialists for follow-up appointments for a the message to accompany S. 2754. hearing aid evaluation, the dispensing of (2) QUALIFICATIONS.—Section 7402(b)(14) of The Presiding Officer laid before the such title is amended by inserting ‘‘, hearing hearing aids, or any other purpose relating aid specialist’’ after ‘‘dental technologist’’. to hearing health. Senate the following message from the House of Representatives: (b) REQUIREMENTS.—With respect to ap- f pointing hearing aid specialists under sec- Resolved, That the bill from the Senate (S. tions 7401 and 7402 of title 38, United States AUTHORITY FOR COMMITTEES TO 2754) entitled ‘‘An Act to designate the Fed- Code, as amended by subsection (a), and pro- MEET eral building and United States courthouse viding services furnished by such specialists, located at 300 Fannin Street in Shreveport, the Secretary shall ensure that— COMMITTEE ON HOMELAND SECURITY AND Louisiana, as the ‘Tom Stagg Federal Build- (1) a hearing aid specialist may only per- GOVERNMENTAL AFFAIRS ing and United States Courthouse’.’’, do pass form hearing services consistent with the Mr. CORNYN. Mr. President, I ask with amendments. hearing aid specialist’s State license related unanimous consent that the Com- Mr. MCCONNELL. Mr. President, I to the practice of fitting and dispensing mittee on Homeland Security and Gov- move to concur in the House amend- hearing aids without excluding other quali- ernmental Affairs be authorized to ment and the House title amendment. I fied professionals, including audiologists, from rendering services in overlapping prac- meet during the session of the Senate further ask unanimous consent that tice areas; on November 17, 2016, at 11:55 a.m. the motions be agreed to and the mo- (2) services provided to veterans by hearing The PRESIDING OFFICER. Without tions to reconsider be considered made aid specialists shall be provided as part of objection, it is so ordered. and laid upon the table.

VerDate Sep 11 2014 05:24 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.052 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6493 The PRESIDING OFFICER. Without provide a measure of fire danger according to mittee on Homeland Security and Gov- objection, it is so ordered. a range of low to moderate to high to very ernmental Affairs be discharged from high to extreme. f further consideration of H.R. 4902 and (2) PRESCRIBED BURN.—The term ‘‘pre- the Senate proceed to its immediate R.E. THOMASON FEDERAL BUILD- scribed burn’’ means a planned fire intentionally ignited. consideration. ING AND UNITED STATES The PRESIDING OFFICER. Without COURTHOUSE (3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture, acting objection, it is so ordered. Mr. MCCONNELL. Mr. President, I through the Chief of the Forest Service. The clerk will report the bill by title. ask unanimous consent that the Com- SEC. 3. LIMITATIONS ON PRESCRIBED BURNS. The senior assistant legislative clerk mittee on the Environment and Public (a) IN GENERAL.—Except as provided in read as follows: Works be discharged from further con- subsection (b), the Secretary shall not au- A bill (H.R. 4902) to amend title 5, United sideration of H.R. 5873 and the Senate thorize a prescribed burn on Forest Service States Code, to expand law enforcement proceed to its immediate consider- land if, for the county or contiguous county availability pay to employees of U.S. Cus- in which the land is located, the national fire ation. toms and Border Protection’s Air and Marine danger rating system indicates an extreme Operations. The PRESIDING OFFICER. Without fire danger level. objection, it is so ordered. (b) EXCEPTION.—The Secretary may au- There being no objection, the Senate The clerk will report the bill by title. thorize a prescribed burn under a condition proceeded to consider the bill. The senior assistant legislative clerk described in subsection (a) if the Secretary Mr. MCCONNELL. Mr. President, I read as follows: coordinates with the applicable State gov- ask unanimous consent that the bill be ernment and local fire officials. A bill (H.R. 5873) to designate the Federal read a third time and passed and the (c) REPORT.—At the end of each fiscal year, building and United States courthouse lo- motion to reconsider be considered the Secretary shall submit to Congress a re- cated at 511 East San Antonio Avenue in El made and laid upon the table. port describing— Paso, Texas, as the ‘‘R.E. Thomason Federal (1) the number and locations of prescribed The PRESIDING OFFICER. Without Building and United States Courthouse.’’ burns during that fiscal year; and objection, it is so ordered. There being no objection, the Senate (2) each prescribed burn during that fiscal The bill (H.R. 4902) was ordered to a proceeded to consider the bill. year that was authorized by the Secretary third reading, was read the third time, Mr. MCCONNELL. Mr. President, I pursuant to subsection (b). and passed. ask unanimous consent that the bill be f f read a third time and passed and the VETERANS MOBILITY SAFETY ACT SECURITY CLEARANCE ACCOUNT- motion to reconsider be considered OF 2016 ABILITY, REFORM, AND EN- made and laid upon the table. HANCEMENT ACT OF 2015 The PRESIDING OFFICER. Without Mr. MCCONNELL. Mr. President, I objection, it is so ordered. ask unanimous consent that the Com- Mr. MCCONNELL. Mr. President, I The bill (H.R. 5873) was ordered to a mittee on Veterans’ Affairs be dis- ask unanimous consent that the Sen- third reading, was read the third time, charged from further consideration of ate proceed to the immediate consider- and passed. H.R. 3471 and the Senate proceed to its ation of Calendar No. 453, S. 434. immediate consideration. The PRESIDING OFFICER. The f The PRESIDING OFFICER. Without clerk will report the bill by title. PRESCRIBED BURN APPROVAL objection, it is so ordered. The senior assistant legislative clerk ACT OF 2016 The clerk will report the bill by title. read as follows: The senior assistant legislative clerk Mr. MCCONNELL. Mr. President, I A bill (S. 434) to strengthen the account- read as follows: ask unanimous consent that the Com- ability of individuals involved in misconduct mittee on Agriculture, Nutrition, and A bill (H.R. 3471) to amend title 38, United affecting the integrity of background inves- States Code, to make certain improvements Forestry be discharged from further tigations, to update guidelines for security in the provision of automobiles and adaptive clearances, to prevent conflicts of interest consideration of S. 3395 and the Senate equipment by the Department of Veterans relating to contractors providing back- proceed to its immediate consider- Affairs. ground investigation fieldwork services and ation. There being no objection, the Senate investigative support services, and for other The PRESIDING OFFICER. Without proceeded to consider the bill. purposes. objection, it is so ordered. Mr. MCCONNELL. Mr. President, I There being no objection, the Senate The clerk will report the bill by title. ask unanimous consent that the Moran proceeded to consider the bill. The senior assistant legislative clerk amendment be agreed to; the bill, as Mr. MCCONNELL. Mr. President, I read as follows: amended, be read a third time and further ask unanimous consent that A bill (S. 3395) to require limitations on passed; and the motion to reconsider be the bill be read a third time and passed prescribed burns. considered made and laid upon the and the motion to reconsider be consid- There being no objection, the Senate table. ered made and laid upon the table with proceeded to consider the bill. The PRESIDING OFFICER. Without no intervening action or debate. Mr. MCCONNELL. Mr. President, I objection, it is so ordered. The PRESIDING OFFICER. Without ask unanimous consent that the bill be The amendment (No. 5111) in the na- objection, it is so ordered. read a third time and passed and the ture of a substitute was agreed to. The bill (S. 434) was ordered to be en- motion to reconsider be considered (The amendment is printed in today’s grossed for a third reading, was read made and laid upon the table. RECORD under ‘‘Text of Amendments.’’) the third time, and passed, as follows: The PRESIDING OFFICER. Without The amendment was ordered to be S. 434 objection, it is so ordered. engrossed, and the bill to be read a Be it enacted by the Senate and House of Rep- The bill (S. 3395) was ordered to be third time. resentatives of the United States of America in engrossed for a third reading, was read The bill was read the third time. Congress assembled, the third time, and passed, as follows: The bill (H.R. 3471), as amended, was SECTION 1. SHORT TITLE. S. 3395 passed. This Act may be cited as the ‘‘Security Be it enacted by the Senate and House of Rep- f Clearance Accountability, Reform, and En- hancement Act of 2015’’. resentatives of the United States of America in AMENDING TITLE 5, UNITED Congress assembled, STATES CODE, TO EXPAND LAW SEC. 2. TABLE OF CONTENTS. SECTION 1. SHORT TITLE. The table of contents for this Act is as fol- ENFORCEMENT AVAILABILITY lows: This Act may be cited as the ‘‘Prescribed PAY TO EMPLOYEES OF U.S. Burn Approval Act of 2016’’. Sec. 1. Short title. CUSTOMS AND BORDER PROTEC- Sec. 2. Table of contents. SEC. 2. DEFINITIONS. TION’S AIR AND MARINE OPER- TITLE I—SECURITY CLEARANCE AC- In this Act: ATIONS (1) NATIONAL FIRE DANGER RATING SYS- COUNTABILITY, REFORM, AND EN- TEM.—The term ‘‘national fire danger rating Mr. MCCONNELL. Mr. President, I HANCEMENT system’’ means the national system used to ask unanimous consent that the Com- Sec. 101. Definitions.

VerDate Sep 11 2014 05:24 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0655 E:\CR\FM\G17NO6.054 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6494 CONGRESSIONAL RECORD — SENATE November 17, 2016 Sec. 102. Accountability of individuals in- contractor or with another subcontractor to (B) ineligible to perform work under a cov- volved in misconduct affecting perform a contract on behalf of an agency. ered contract under subsection (b); and the integrity of agency back- SEC. 102. ACCOUNTABILITY OF INDIVIDUALS IN- (2) details of the covered misconduct that ground investigations. VOLVED IN MISCONDUCT AFFECT- resulted in each determination described in Sec. 103. Review and update of position des- ING THE INTEGRITY OF AGENCY paragraph (1). ignation guidance. BACKGROUND INVESTIGATIONS. SEC. 103. REVIEW AND UPDATE OF POSITION TITLE II—PREVENTING CONFLICTS OF (a) MISCONDUCT BY FEDERAL EMPLOYEES.— DESIGNATION GUIDANCE. INTEREST WITH CONTRACTORS (1) UNFIT FOR FEDERAL EMPLOYMENT.—If an (a) GUIDELINES.— Sec. 201. Definitions. agency determines that an employee of the (1) INITIAL REVIEW AND UPDATE OF GUID- Sec. 202. Limitation on contracting to pre- agency has engaged in covered misconduct, ANCE.—Not later than 180 days after the date vent organizational conflicts of the employee shall be found unfit for Federal of enactment of this Act, the President shall interest. employment. review and, if appropriate, update the guid- TITLE I—SECURITY CLEARANCE AC- (2) FITNESS DETERMINATIONS.—An agency ance the President issues to assist agencies COUNTABILITY, REFORM, AND EN- shall make a determination under paragraph in determining— HANCEMENT (1) in accordance with any statutory, regu- (A) position sensitivity designation; and (B) the appropriate background investiga- SEC. 101. DEFINITIONS. latory, or internal agency procedures appli- In this title— cable to investigating alleged misconduct by tion to initiate for each position designation. (1) the term ‘‘agency’’ has the meaning employees of the agency. (2) REVIEWS AND REVISIONS OF POSITION DES- given the term in Executive Order 13467 (73 (3) PROHIBITION ON REEMPLOYMENT TO CON- IGNATIONS.—Not less frequently than every 5 Fed. Reg. 38103), or any successor thereto; DUCT BACKGROUND INVESTIGATIONS.—If an years, the President, acting through relevant (2) the term ‘‘appropriate agency’’ means— agency determines under paragraph (1) that agencies (as determined by the President) (A) in the case of a prime contractor for a an individual is unfit for Federal employ- and in accordance with the guidance de- covered contract, the agency with which the ment, the individual shall not be appointed scribed in paragraph (1), shall review and, if prime contractor entered the covered con- to or continue to occupy a position, as an necessary, revise the position designation of tract; or employee of any agency, that requires its oc- positions within agencies. (B) in the case of a subcontractor for a cov- cupant to perform background investiga- (b) REPORTS TO CONGRESS.—Not later than ered contract, any agency on whose behalf tions. 30 days after completing a review under sub- the subcontractor is performing work under (b) MISCONDUCT BY EMPLOYEES UNDER CON- section (a)(2), the President shall submit to the covered contract; TRACT.— the appropriate congressional committees a (3) the term ‘‘appropriate congressional (1) INELIGIBILITY FOR PERFORMANCE OF report on— committees’’ means— WORK UNDER A COVERED CONTRACT.—If an ap- (1) any issues identified in the review; and (A) the Committee on Homeland Security propriate agency, prime contractor, or sub- (2) the number of position designations re- and Governmental Affairs and the Select contractor determines that an individual vised as a result of the review. Committee on Intelligence of the Senate; performing work under a covered contract (c) NO CHANGE IN AUTHORITY.—Nothing in and has engaged in covered misconduct, the indi- this section limits or expands the authority (B) the Committee on Oversight and Gov- vidual shall be ineligible to perform back- of any agency to designate a position as sen- ernment Reform and the Permanent Select ground investigations under a covered con- sitive or as requiring its occupant to have Committee on Intelligence of the House of tract. access to classified information. Representatives; (2) MANDATORY DISCLOSURE.—A covered TITLE II—PREVENTING CONFLICTS OF (4) the term ‘‘background investigation’’ contract shall include a provision requiring a INTEREST WITH CONTRACTORS means any investigation required for the prime contractor or subcontractor to dis- SEC. 201. DEFINITIONS. purpose of determining the— close to each appropriate agency any allega- In this title— (A) eligibility of a covered individual for tion of covered misconduct by an employee (1) the term ‘‘agency’’ means— logical and physical access to federally con- of the prime contractor or subcontractor not (A) an Executive agency (as defined in sec- trolled facilities or information systems; later than 24 hours after the prime con- tion 105 of title 5, United States Code); (B) suitability or fitness of a covered indi- tractor or subcontractor discovers the al- (B) a military department (as defined in vidual for Federal employment; leged covered misconduct. section 102 of title 5, United States Code); (C) eligibility of a covered individual for (3) INVESTIGATION OF COVERED MIS- (C) an element of the intelligence commu- access to classified information or to hold a CONDUCT.— nity (as that term is defined in section 3 of national security sensitive position; or (A) CONTRACTOR INVESTIGATION.—A covered the National Security Act of 1947 (50 U.S.C. (D) fitness of a covered individual to per- contract shall include a provision requiring 3003)); form work for or on behalf of the United that, not later than 5 business days after the (D) the United States Postal Service; and States Government as a contractor em- date on which a prime contractor or subcon- (E) the Postal Regulatory Commission; ployee; tractor discloses an allegation under para- (2) the term ‘‘background investigation (5) the term ‘‘covered contract’’ means a graph (2), the prime contractor or subcon- fieldwork services’’ means the investigatory contract to conduct background investiga- tractor shall refer the allegation of covered fieldwork conducted to determine the eligi- tions— misconduct to the agency for investigation. bility of an individual for logical and phys- (A) between an agency and a prime con- (B) AGENCY INVESTIGATION.—Nothing in ical access to federally controlled facilities tractor; subparagraph (A) shall be construed to pro- or information systems, suitability or fitness (B) between a prime contractor and a sub- hibit an appropriate agency from conducting for Federal employment, eligibility for ac- contractor, if the prime contractor has a its own investigation into an allegation of cess to classified information or to hold a na- contract with an agency; or covered misconduct. tional security sensitive position, or fitness (C) between subcontractors, if one of the (4) PROHIBITION ON REEMPLOYMENT TO CON- to perform work for or on behalf of the Fed- subcontractors has a contract with a prime DUCT BACKGROUND INVESTIGATIONS.—If an ap- eral Government as a contractor or em- contractor that has a contract with an agen- propriate agency determines, based on an in- ployee, including— cy; vestigation conducted under paragraph (3), (A) interviews of the individual, the em- (6) the term ‘‘covered individual’’ means an that an individual is ineligible to perform ployer of the individual, former employers of individual who— work under a covered contract under para- the individual, and friends, family, and other (A) performs work for or on behalf of an graph (1), the individual shall be prohibited sources who might have relevant knowledge agency; or from performing background investigations of the individual; and (B) seeks to perform work for or on behalf under any covered contract. (B) reviews of— of an agency; (5) MODIFICATION OF EXISTING CONTRACTS.— (i) educational and employment records; (7) the term ‘‘covered misconduct’’ means Not later than 30 days after the date of en- (ii) criminal and other legal records; and misconduct affecting the integrity of a back- actment of this Act, any covered contract (iii) credit history; ground investigation conducted by or for an that is in effect and was entered into before (3) the term ‘‘background investigation agency with investigative authority to con- the date of enactment of this Act shall be support services’’ means the clerical, admin- duct background investigations, including— modified to include the provisions required istrative, and technical support services pro- (A) falsification of any information relat- under paragraphs (2) and (3). vided to various functions critical to the ing to a background investigation; or (c) REPORTING.—Not later than 1 year after background investigation process, includ- (B) other serious misconduct that com- the date of enactment of this Act, and annu- ing— promises the integrity of a background in- ally thereafter, the President shall submit to (A) initial processing and scheduling of investigation; the appropriate congressional committees a vestigative requests; (8) the term ‘‘prime contractor’’ means an report providing— (B) information technology and informa- individual who enters into a contract with (1) the number of individuals determined tion technology support; an agency; and to be— (C) file maintenance; (9) the term ‘‘subcontractor’’ means an in- (A) unfit for Federal employment under (D) imaging or copying of investigation dividual who has contracted with a prime subsection (a); or documents; and

VerDate Sep 11 2014 05:24 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.066 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6495 (E) mail processing; and the table with no intervening action or ber 25, at 11 a.m. I further ask that (4) the term ‘‘quality review process’’ debate. when the Senate adjourns on Friday, means performing the final quality review of The PRESIDING OFFICER. Without November 25, it next convene at 3 p.m., a background investigation to ensure inves- objection, it is so ordered. Monday, November 28; that following tigative, administrative, and other required standards have been met before the com- The resolution (S. Res. 617) was the prayer and pledge, the morning pleted background investigation is delivered agreed to. hour be deemed expired, the Journal of to the adjudicating agency. The preamble was agreed to. Proceedings be approved to date, and SEC. 202. LIMITATION ON CONTRACTING TO PRE- (The resolution, with its preamble, is the time for the two leaders be re- VENT ORGANIZATIONAL CONFLICTS printed in today’s RECORD under ‘‘Sub- served for their use later in the day; fi- OF INTEREST. mitted Resolutions.’’) nally, that following leader remarks, Notwithstanding any other provision of f the Senate be in a period of morning law, after the date of enactment of this Act, business, with Senators permitted to a contract may not be entered into, and an COMMENDING AND CONGRATU- extension of or option on a contract may not speak therein for up to 10 minutes be exercised, with a contractor to conduct a LATING THE CHICAGO CUBS ON each. quality review process relating to back- THEIR 2016 WORLD SERIES VIC- The PRESIDING OFFICER. Without ground investigation fieldwork services or TORY objection, it is so ordered. background investigation support services if Mr. MCCONNELL. Mr. President, I f the contractor is performing the services to ask unanimous consent that the Sen- be reviewed. ate proceed to the consideration of S. PROGRAM f Res. 618, submitted earlier today. Mr. MCCONNELL. Mr. President, for EXPRESSING SUPPORT FOR THE The PRESIDING OFFICER. The the information of all Senators, the DESIGNATION OF NOVEMBER 2016 clerk will report the resolution by first rollcall vote following the AS ‘‘NATIONAL BLADDER title. Thanksgiving recess will occur at 11:30 HEALTH MONTH’’ The senior assistant legislative clerk a.m., Tuesday, November 29, on passage Mr. MCCONNELL. Mr. President, I read as follows: of S. 2873, the ECHO Act. ask unanimous consent that the A resolution (S. Res. 618) commending and f Health, Education, Labor, and Pen- congratulating the Chicago Cubs on their 2016 World Series victory. ORDER FOR ADJOURNMENT sions Committee be discharged from further consideration of and the Senate There being no objection, the Senate Mr. MCCONNELL. Mr. President, if now proceed to the consideration of S. proceeded to consider the resolution. there is no further business to come be- Res. 604. Mr. MCCONNELL. I ask unanimous fore the Senate, I ask unanimous con- The PRESIDING OFFICER. Without consent that the resolution be agreed sent that it stand adjourned under the objection, it is so ordered. to, the preamble be agreed to, and the previous order, following the remarks The clerk will report the resolution motions to reconsider be considered of Senator PORTMAN. by title. made and laid upon the table with no The PRESIDING OFFICER (Mr. The senior assistant legislative clerk intervening action or debate. SASSE). Without objection, it is so or- read as follows: The PRESIDING OFFICER. Without dered. A resolution (S. Res. 604) expressing sup- objection, it is so ordered. The Senator from Ohio. The resolution (S. Res. 618) was port for the designation of November 2016 as f ‘‘National Bladder Health Month.’’ agreed to. There being no objection, the Senate The preamble was agreed to. HEROIN AND PRESCRIPTION DRUG proceeded to consider the resolution. (The resolution, with its preamble, is EPIDEMIC Mr. MCCONNELL. Mr. President, I printed in today’s RECORD under ‘‘Sub- Mr. PORTMAN. Mr. President, I ask unanimous consent that the reso- mitted Resolutions.’’) thank the majority leader for allowing lution be agreed to, the preamble be f me to speak briefly. I rise to talk about agreed to, and the motions to recon- an issue that is affecting every State APPOINTMENTS AUTHORITY sider be considered made and laid upon represented in this body; that is, this the table. Mr. MCCONNELL. Mr. President, I heroin and prescription drug epidemic. The PRESIDING OFFICER. Without ask unanimous consent that notwith- Unfortunately, opioids is an issue objection, it is so ordered. standing the upcoming adjournment of that is very much present in my home The resolution (S. Res. 604) was the Senate, the President of the Sen- State of Ohio right now. We have seen agreed to. ate, the President Pro Tempore, and over the last 48 hours, 10 overdoses in The preamble was agreed to. the majority and minority leaders be one rural county in North Central (The resolution, with its preamble, is authorized to make appointments to Ohio, Seneca County. We are told that printed in the RECORD of September 29, commissions, committees, boards, con- already in Lucas County in the Toledo 2016, under ‘‘Submitted Resolutions.’’) ferences, or interparliamentary con- area there have been 150 overdoses in f ferences authorized by law, by concur- the last few weeks of this month, head- rent action of the two Houses, or by ing toward, unfortunately, what will be DRIVE SAFER SUNDAY order of the Senate. a record. Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. Without This issue is affecting families, it is ask unanimous consent that the Sen- objection, it is so ordered. tearing apart families, it is affecting ate proceed to the consideration of S. f communities, it is causing crime. Pret- Res. 617, submitted earlier today. ty much every county in Ohio tells me The PRESIDING OFFICER. The ORDERS FOR FRIDAY, NOVEMBER that the No. 1 cause of crime now is the clerk will report the resolution by 18, 2016, THROUGH MONDAY, NO- heroin, prescription drug, opioid issue. title. VEMBER 28, 2016 A lot of thefts are being reported be- The senior assistant legislative clerk Mr. MCCONNELL. Mr. President, I cause of it but also other crimes which read as follows: ask unanimous consent that when the result from people being torn apart A resolution (S. Res. 617) designating No- Senate completes its business today, it from their families, from their commu- vember 27, 2016, as ‘‘Drive Safer Sunday.’’ adjourn, to then convene for pro forma nity, from their jobs based on this ad- There being no objection, the Senate sessions only, with no business being diction. proceeded to consider the resolution. conducted, on the following dates and I come to the floor to talk about a re- Mr. MCCONNELL. Mr. President, I times and that following each pro port that was issued today by the U.S. ask unanimous consent that the reso- forma session, the Senate adjourn until Surgeon General. This report is about lution be agreed to, the preamble be the next pro forma session: Friday, No- addiction in America. I applaud the agreed to, and the motions to recon- vember 18, at 9:30 a.m.; Tuesday, No- Surgeon General for putting it out sider be considered made and laid upon vember 22, at 11 a.m.; Friday, Novem- there. It is an 11-page report. If you

VerDate Sep 11 2014 05:24 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.066 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE S6496 CONGRESSIONAL RECORD — SENATE November 17, 2016 haven’t had a chance to look at it yet, who are addicted to heroin—started State and local government and with I hope you will. I hope it will raise with prescription drugs. Sometimes it our communities and with our families awareness around our country of this was because of an accident or an injury to be able to reverse the tide on this issue. where someone was prescribed a pain- issue that has, unfortunately, gripped It talks about something incredibly killer that was addictive that then led my State and so many other States important as to how we approach it, to the addiction and then led to the use around the country. which is that addiction is a disease and of heroin as a less-expensive and some- I look forward to continuing to work should be treated as such. As the Sur- times more accessible alternative to it. with the Surgeon General on this issue. geon General says, this is not a moral I think that issue of prevention and Again, I commend this report today to failing but rather it is like other dis- education is incredibly important. The your attention. I hope we will be able eases—something that actually take-back programs on pharma- as a Congress to continue to provide changes your brain and creates a prob- ceuticals is also important. The anti- the funding, as we have in the short- lem that must be dealt with through drug coalitions supported in our legis- term spending that is in effect right treatment and longer term recovery lation are also important. This is all now. We provided funding to ensure just as would be the case of other dis- part of how to get people from falling this legislation can be set up so we can eases. I think that alone is a signifi- into this funnel of addiction, which is stand up these programs and get this cant finding by the Surgeon General, to do a much better job of explaining started. We need to continue that ef- to help us come up with the right poli- the problem and understanding the fort and, I think, redouble our efforts, cies to address it but also raise aware- link particularly between prescription including passing additional legislation ness in communities around the coun- drugs and these other opioids. as it becomes apparent it is needed. try. The next chapter talks about how we One piece of legislation I hope we The first chapter of this report talks treat addiction. This talks about the move on, in addition to the Com- about something this Chamber has need for us to get people out of the prehensive Addiction and Recovery spent a lot of time on, which is the im- criminal justice system and into treat- Act, is legislation to try to stop some portance of prevention and education. ment. Our legislation helps in that as of these synthetic drugs from coming It talks about the need to look at this well by providing funds for diversion into our communities. Carfentanil, from a science perspective. It talks programs to ensure that people who are fentanyl, and U–4 and other synthetic about the need to look at it in terms of addicted are not simply locked up but heroins are coming in increasingly longer term recovery. That summary are also given the opportunity to be from overseas—China, India, and other in the first chapter is again something able to get into a treatment program places. They come by mail. There is a I would commend everybody to read and into a longer term recovery pro- way for us to be able to reduce that just to sort of bring you up to speed, if gram. simply by requiring that those who you haven’t been, on the importance of The next chapter of this report also send products by mail have the same this issue and importance of addressing talks about recovery. CARA is the first requirements you would have if you it. legislation to actually fund recovery. I were FedEx or UPS or a private car- The next chapter focuses on the think we need to do even more in this rier—to know where it is coming from science behind addiction. This is con- area, but we certainly learned again and what is in it and where it is going sistent with a conference we had in from conferences in Washington, DC, and have that information being pro- Washington, DC, almost a year ago over the last few years, that the suc- vided in advance electronically. Based now—Senator WHITEHOUSE and my- cess rate is increased dramatically on law enforcement officials, that will self—in anticipation of proposing legis- where you have not just a short-term help us to be able to stem the tide of lation in this area. We brought in ex- treatment program but a longer term these poisons coming into our commu- perts from all over the country to talk program of recovery, where people are nities and infecting our families, our about the science behind addiction, surrounded by those who support them, children. why it happens, how it happens. As was and specifically sober housing arrange- These are all issues this Congress has indicated earlier, that was something ments and other ways to support peo- taken up over the last 6 months with that led us to focus on the fact that ad- ple with a supportive environment legislation, with specific programs, and diction is a disease. It is something rather than going back to the old gang I hope we can continue to fund that that impacts the brain. The brain re- or the old family or the old environ- now, to get the administration to set sponds to chemical substances in cer- ment. Again, the report today does a up these programs, and to ensure that tain ways for certain people, and that good job of talking about that and the we are in a position to respond as new addiction is something that has to be importance of it. dangers arise, as we have seen with addressed through, again, treatment The Surgeon General has a fashion synthetic heroin coming from overseas. and longer term recovery. for this, a commitment to it, and I ap- I thank the Presiding Officer for giv- The legislation we came up with plaud him for that. I do hope again ing me time today to talk about this. after this, by the way, is called the that he focuses on this legislation. We Again, I commend this report today by Comprehensive Addiction and Recov- have now passed it with the support of the Surgeon General to be able to in- ery Act. That legislation was passed the administration. The President has crease awareness and to ensure that late in the summer. It is now in the signed it. The report does not mention every community in America is armed process of being implemented by the the legislation, but it is consistent with the facts and the information to administration. I encourage the Sur- with every aspect of this report today. be able to push back and to help save geon General, with his great 11-page re- This report, I hope, will raise aware- lives and restore lives of those ad- port, to also focus on implementing ness nationally, as I said, but I hope it dicted. also raises awareness of the need to this legislation as soon as possible, in- f cluding in this area of treating it as a move very quickly to put in place the disease. grant programs that need to be there RECOGNIZING NATIONAL NATIVE The next chapter talks about a key to help on prevention, education, treat- AMERICAN HERITAGE MONTH component, which is prevention and ment, and recovery, help our law en- Mr. PORTMAN. Mr. President, I ask education. It talks about the need for forcement community and other first unanimous consent that the Senate us to use evidence-based techniques responders to be able to get access to proceed to the consideration of S. Res. around the country. Again, this legisla- Narcan—this miracle drug that re- 619, submitted earlier today. tion—the Comprehensive Addiction and verses the effects of an overdose—help The PRESIDING OFFICER. The Recovery Act, also known as CARA— to provide the training, help to ensure clerk will report the resolution by focuses on this and starts a national we do have more drug take-back pro- title. awareness campaign to make this link grams around the country. These Fed- The senior assistant legislative clerk between prescription drugs and heroin. eral programs need to be put in place read as follows: Sadly, many people who are on her- right away to allow the Federal Gov- A resolution (S. Res. 619) recognizing Na- oin—probably four out of five people ernment to be a better partner with tional Native American Heritage Month and

VerDate Sep 11 2014 05:24 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.060 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE November 17, 2016 CONGRESSIONAL RECORD — SENATE S6497 celebrating the heritages and cultures of Na- made and laid upon the table with no ADJOURNMENT UNTIL 9:30 A.M. tive Americans and the contributions of Na- intervening action or debate. TOMORROW tive Americans to the United States. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Under There being no objection, the Senate objection, it is so ordered. The resolution (S. Res. 619) was the previous order, the Senate stands proceeded to consider the resolution. agreed to. adjourned until 9:30 a.m. tomorrow. Mr. PORTMAN. I ask unanimous The preamble was agreed to. Thereupon, the Senate, at 6:07 p.m., consent that the resolution be agreed (The resolution, with its preamble, is adjourned until Friday, November 18, to, the preamble be agreed to, and the printed in today’s RECORD under ‘‘Sub- motions to reconsider be considered mitted Resolutions.’’) 2016, at 9:30 a.m.

VerDate Sep 11 2014 05:24 Nov 18, 2016 Jkt 069060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.061 S17NOPT1 rfrederick on DSK30MX082PROD with SENATE