[Congressional Record Volume 162, Number 147 (Wednesday, September 28, 2016)]
[Senate]
[Pages S6173-S6183]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2017--Continued
The PRESIDING OFFICER. The majority leader.
Funding for Flint, Michigan
Mr. McCONNELL. Mr. President, earlier this month, the Senate voted to
help families affected by lead poisoning in Flint as part of the Water
Resources Development Act, or WRDA. We are glad to see that progress is
being made in the House as well to pass a WRDA bill that also includes
help for Flint families. I have worked closely with Speaker Ryan and
Leader Pelosi to encourage that progress, and I made it clear to them
that I was extremely serious, and I just mentioned that again to
Senator Stabenow--very serious about defending the Senate position in
conference and ensuring that Flint funding remains in the final bill.
We have a path forward to getting our work done, and if we keep
working together, we will.
The PRESIDING OFFICER. The Democratic leader.
Mr. REID. Mr. President, the Republican leader and I have had a
number of conversations. I yield to the senior Senator from Michigan.
The PRESIDING OFFICER. The Senator from Michigan.
Ms. STABENOW. Mr. President, I wish to thank the majority leader for
his comments and for the conversations we have had--publicly and
privately--and our Senate Democratic leader, as well, for being such a
stalwart, as well as all of our colleagues.
We in the Senate have done the right thing and moved forward on a
WRDA bill that has an important package for Flint and other communities
that have lead-in-water issues.
At the beginning of this week, there was a House bill that did not
include anything for Flint or anything around that contamination. We
now have a commitment. There is going to be something in the House WRDA
bill and a commitment that the final bill will include the work that we
did in the Senate.
So I wish to thank again Senator Inhofe, Senator Boxer, and all of
our colleagues. This is a very positive step forward.
I will just remind people that folks in Flint are literally bathing
with bottled water every single day, and the sense of urgency only
grows. So I am anxious to work with our leadership to get this done.
Thank you.
Mr. McCONNELL. Mr. President, we expect to start voting on the CR
around 2 o'clock, and with a little cooperation, we should be able to
get that over to the House this afternoon.
The PRESIDING OFFICER. The Democratic leader.
Mr. REID. Mr. President, I wish to yield 1 minute to our ranking
member on the Environment and Public Works Committee, Senator Boxer. I
wish to yield to her for 1 minute.
The PRESIDING OFFICER. The Senator from California.
Mrs. BOXER. Mr. President, I wish to thank my leader very much.
Yesterday, Senator Inhofe and I were on the floor and I stated that if
I felt there was an ironclad commitment to take care of the Flint, MI,
problem and the lead in water across this Nation, I would support the
CR. I interpret the strong language from my leader, Harry Reid, and the
Republican majority leader, Senator McConnell, as an ironclad
commitment. They spoke to the powers that be in the House.
I know that Senator Inhofe and I are bound and determined to fix
this, and believe me, I want to send a message to the people of Flint
and to their Senators, who have worked their hearts out: This will
happen. If it doesn't happen, I have some ideas of how I am going to
protest it, but it will happen. I take it as an ironclad commitment.
I yield the floor back to my colleague, Senator Reid.
The PRESIDING OFFICER. The Senator from Wisconsin.
Unanimous Consent Request--S. 2912
Mr. JOHNSON. Mr. President, I rise today to ask my colleagues to
honor the life of Trickett Wendler, pictured here, who was a young
mother of three who fought and lost her battle with ALS disease, and
the lives of so many others who want the right to try to save their
lives by passing the Trickett Wendler Right to Try Act of 2016.
Now, like so many of my colleagues, we are often visited by our
constituents, people who are battling their own diseases, whether it is
ALS or Duchenne muscular dystrophy, or different forms of cancer.
This is a very simple bill. What it is trying to do is very simple.
It is trying to restore freedom. It is trying to give patients and
their families hope--the freedom and hope that is being denied them
right now by our Federal bureaucracy.
[[Page S6174]]
This is a bill about people. Coming from my own standpoint, I think
all of us recognize ALS as--initially, in its original name--Lou
Gehrig's disease. I certainly understood a little bit more about ALS
when I heard about Tom Watson's caddy. Then in Oshkosh, WI, a family
member of our Lourdes High School family was stricken with ALS--Doug
Potarske. He courageously battled the disease and lost his fight as
well.
I met Trickett Wendler on May 23, 2014, when she came to Washington,
DC, with a group of other advocates for ALS cures. Simply talking about
my meeting with the Goldwater Institute and the bill they were
promoting through the States--the Right to Try--and indicating to her
my support for it, tears began streaming down her cheeks. She wanted
that hope.
But along this path, as I have advocated for the Right to Try bill, I
have met other individuals--people like Matt Bellina, a former Navy
pilot who testified before our committee just yesterday. He is a father
of two, with his wife expecting their third child. He is also fighting
ALS. He wants hope.
During our press conference, when I introduced this piece of
legislation, a man from Pennsylvania, Frank Mongiello, asked to say a
few words. Already pretty far advanced in his ALS, it was difficult to
understand Frank, but he quoted Abraham Lincoln. Abraham Lincoln said:
``If you get shot, you die once. If you dream, you die over and over
again.'' He made the point that not having access to some of these
treatments for ALS is like dying over and over again. He wants some
hope to be able to stay alive for his wife and six children.
This bill isn't only about ALS, though. It is about other incurable
diseases. It is about other terminal patients who have no further
treatment options--little boys like Jordan McLinn, who also testified
before our committee with his mother, Laura, a volunteer firefighter,
and who is suffering from Duchenne muscular dystrophy, a disease that
is also terminal.
This disease in particular indicates the problem we have with the
FDA. There were more than 50 patients and advocates for an effective
treatment, something that is being proven to be effective to extend the
muscle function of these little boys. The FDA had an advisory committee
meeting and listened to the testimony of over 50 Americans begging the
FDA to allow and approve that treatment. The FDA advisory committee
voted 7 to 3 and said no, we are not going to give you that right; we
are not going to give you that hope.
Now, fortunately, I was overjoyed a couple of Mondays ago when the
FDA overruled that advisory committee and actually approved those drugs
and provided some hope.
If we want to understand how broken the process is, let me give a
couple of metrics. In the decade of the 1990s, it took about 10 years
from discovery to approval of a new drug. Today that time period stands
at about 14 years. In today's dollars, in 2004, it cost about $1
billion for a successful drug to go through that approval process.
Today, it costs about $2.6 billion to have a drug approved. That
indicates there is something wrong with the system. The Right to Try
bill addresses what is wrong. It is not a panacea, but it is a good
first step.
The last person I wish to speak about is someone I consider a hero,
someone I consider as a whistleblower, a courageous oncologist from
Houston, TX, whose name is Dr. Ebrahim Delpassand. Dr. Delpassand was
part of a clinical trial treating neuroendocrine cancer with a
therapeutic agent called LU-177 octreotate. He was, in his opinion,
successfully treating these cancer patients. He was extending their
lives, but he butted up against a limit in terms of a clinical trial of
150 patients. So he requested from the FDA to expand that to include
another 78 of his patients who were terminal, who were dying from this
aggressive form of cancer. The FDA said no.
Now, fortunately, for that doctor and those 78 patients, Texas had
passed a Right to Try bill. The problem is the FDA has not weighed in.
We don't know whether the FDA will challenge these Right to Try bills.
I could not get an answer from the FDA bureaucrats as to whether or not
they are going to challenge it. So Dr. Delpassand took it upon himself
and, on behalf of his patients, courageously began treating those
additional 78 patients. They are alive today because of his courage,
with no help from the FDA.
Thirty-two States now have enacted their own individual Right to Try
legislation. In those States, 4,186 legislators--both Democrat and
Republican--have voted on those bills. Only 108 have voted no, and
4,078 legislators--97.4 percent of legislators in 32 States--have voted
yes to Right to Try. There is nothing partisan about this. This is a
completely bipartisan effort--again, trying to restore freedom, trying
to restore hope.
The latest State was California. Governor Brown just signed that bill
into law. We had in front of our committee last week State assembly
majority leader Ian Calderon--a Democrat, I might add--who is a sponsor
of that Right to Try bill.
So all I am asking--we have 42 cosponsors of this bill in the Senate.
I have asked my other colleagues to join us as cosponsors. I realize
that some of them don't want to go that far. All I am asking is that no
Senator stand up and object to providing a little bit of freedom, a
little bit of hope to patients who simply have no other avenue.
Now, to be respectful of people's time, let me move to my request. I
see Senator Barrasso is here, and if he would also like to speak to
this bill, I would like to give him that opportunity.
Mr. President, I ask unanimous consent that the Committee on Health,
Education, Labor, and Pensions be discharged from further consideration
of S. 2912 and the Senate proceed to its immediate consideration; and I
ask unanimous consent that the bill be read a third time and passed,
and the motion to reconsider be considered made and laid upon the
table.
The PRESIDING OFFICER. Is there objection?
Mr. REID. Mr. President, I reserve my right to object.
The PRESIDING OFFICER. The Democratic leader.
Mr. REID. Mr. President, I understand the seriousness of my friend's
proposal. I understand the urgency that patients and their families
feel who are desperate for new treatments. I could go through a litany
of people who have been in predicaments like this, like this young lady
here where we see her picture.
I remember Wendy Rockenfeller. I went to see her in Boulder City. She
was all dressed up, knowing that I was coming, in bed. She, at a very
young age, was stricken with Lou Gehrig's disease. She died 5 days
after I saw her. She loved politics. She was involved in my campaigns.
But this dread disease took her.
Her husband was desperate. He took her to Mexico for some treatment
that didn't work, of course. But as my friend from Wisconsin said, he
was looking for hope. Her husband Uwe Rockenfeller.
Bob Forbuss was a young school teacher in Las Vegas, but he had a
great knack for business. Without going through a lot of detail, he
worked part time with an ambulance company. He wound up owning that
big, big ambulance company. He was very successful, made a lot of
money, but he was stricken with Lou Gehrig's disease, and he died--not
as fast as Wendy, but he died. I went to see him the day before I saw
Wendy.
So I understand the urgency of the patients, but also we have a
situation here. There are ways to improve the access process so it
works better and faster for patients. My friend talks about 40 or 42
cosponsors. Basically, virtually every one of the Republicans are
cosponsors but not Democrats. Why? Because, there are major players in
this bill that simply haven't had an opportunity to tell us what is
wrong with the bill. They have told me personally.
I believe we should do what we need to do in order to have a good,
responsible piece of legislation. I also want everyone to understand it
is really difficult to comprehend when we have had 7 weeks--we just
finished a break here and we are going to take 10 more weeks. Why
didn't we take the time to have a hearing on this?
I think we should have had a hearing on Merrick Garland. Why haven't
we had a hearing on Merrick Garland? The reason my Republican friends
have not
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had a hearing on Merrick Garland is that they know that if they had a
hearing on Merrick Garland, people would see who he is, and having seen
or listened to this man, they would be hard-pressed to vote against
him. That is why they are not doing a hearing.
So, for all these reasons, that we haven't had a vote on Merrick
Garland, we had absolutely no workout on this process. As desperate as
the situation is, and I understand it, I object.
The PRESIDING OFFICER. The objection is heard.
The Senator from Wisconsin.
Mr. JOHNSON. Mr. President, this is beyond disappointing that the
minority leader would refer to this as potentially a partisan bill. Let
me reiterate. In 32 States, where 4,186 State legislators have voted on
this, 4,078 have voted yes, Republicans and Democrats alike--97.4
percent. This is a bipartisan effort. It provides freedom, it provides
hope, and it is beyond disappointing that the minority leader would
object.
I would ask my colleague Mr. Barrasso, the Senator from Wyoming, who
has been a real leader on the issue, for example, with Duchenne
muscular dystrophy, what has he heard from patients and his
constituents in terms of the hope that this bill will provide them?
The PRESIDING OFFICER. The Senator from Wyoming.
Mr. BARRASSO. Mr. President, people ask for hope. They want hope and
need hope. As a young doctor in my training, I worked at a children's
hospital in the muscle disease clinic, and what I saw were families
because muscular dystrophy, specifically Duchenne's, runs in families.
Families come into the clinic, and you knew the day you were seeing
that young person it was going to be the best day that person ever had
because this is a progressive disease and they are looking for hope and
they look to you as a physician for hope and they look to the
researchers for hope.
That is what this Right to Try legislation does. It provides hope. I
believe it goes further than that. It is not just hope, it is also help
because the research we have seen with this drug for muscular
dystrophy, for Duchenne muscular dystrophy--and when you talk to the
parents and talk with the patients, and I have met with the parents and
met with the patients, what they are seeing is that day in the clinic
is not their best day with declining after that, they have actually
seen a reversal, which is miraculous. I am talking about working in a
muscle disease clinic when I was in my twenties. We are talking a long
time ago in my professional career working with people with muscle
disease. This is the first thing I have actually seen that has actually
reversed that declining trend that we see in young people with Duchenne
muscular dystrophy, where they go from being able to walk to then
walking more slowly, to then graduating to a wheelchair. So all we are
asking for is hope, when we know there is hope that is available and it
may provide help.
The State of Wyoming passed the Right to Try law. The attorney
general for the State of Wyoming is with us today. He knows about this.
He knows it is bipartisan. There was nothing partisan about this, I
would say to my colleague from Wisconsin. There was overwhelming
bipartisan support by the legislature. It was signed by our Governor.
Yet we see the minority leader come to the floor and object to a vote,
which is something that would pass incredibly. He did it because his
reasoning was something about a nominee of the President to be on the
Supreme Court.
We are talking about people who are dying today, such as the woman
whom this legislation is named after with amyotrophic lateral
sclerosis--Lou Gehrig's disease. People did the ice bucket challenge.
We saw Bill Gates have somebody pour a bucket of cold ice water over
his head in an effort to try to help someone with amyotrophic lateral
sclerosis. The minority leader came and named a couple of people who
lost their lives. We all know people who lost their lives. The Senator
from Alaska had a relative who lost his life to amyotrophic lateral
sclerosis. Every time I go to mail a letter at the Post Office in
Casper, WY, and drive down Randy Maxwell Boulevard, it is named after a
postal worker who lost his life to amyotrophic lateral sclerosis. He
would have loved the right to try.
So I come to the floor in support of my colleagues, in support of
this legislation, and I am so sorry and sad to see the minority leader,
the Senator from Nevada, stand and object to an opportunity to give the
Senate the right to try, to give patients the right to try, at a time
when we know there is actually potential cures available and there are
people who are looking for the hope and looking for the help those
potential cures provide.
I would say to my friend and colleague from Wisconsin, thank you for
your leadership. Thank you for bringing to the floor the beautiful face
of the patient from your home State who lost her life in the fight, who
didn't have a chance to try.
Thank you for your leadership on the Duchenne muscular dystrophy
front and for all people who are suffering around this country who need
hope, who need help, and we know there is actually help available.
Thank you for your caring and your work on this, and I continue to
stand with you and your efforts, as do many Members of the U.S. Senate
and many, many Americans. I thank you for your continued leadership and
your determination. I thank the Senator from Wisconsin for his
incredible efforts, and I say this with profound disappointment in the
minority leader to see that he would come to the floor and object to
people having a right to try to save their lives.
Thank you, Mr. President.
Mr. JOHNSON. Mr. President, I thank the Senator from Wyoming for his
leadership on this issue. I want to also point out how bad I feel and
how sad it truly is because some of those individuals I spoke of--some
of those patients and families--were watching on C-SPAN today. They had
their hopes up that the minority leader would not play politics with
this issue, would not play politics with their lives. In the last 15
minutes, those hopes have also been dashed. I care about that.
I note for the Record that in my committee we have held two hearings
on this Right to Try bill so the minority leader is simply incorrect
when he says we have not held hearings. We have fully vetted this piece
of legislation.
I once again point out how bipartisan this has been in the States--
97.4 percent of State legislators who voted on this have voted in
support of it.
I have another colleague, the Senator from Indiana, who has joined me
in a number of instances in writing to the FDA to try and break the
logjam on some of these treatments, making them available to people,
giving them hope.
I would ask the Senator from Indiana what stories he has to tell
about his constituents who are asking for that freedom, that right to
try, that right to hope?
Mr. COATS. I thank the Senator from Wisconsin, a great friend and
someone whose passion has been brought to the U.S. Senate.
Based on issues where people are hurting, I just can't thank him
enough for bringing to this body the kind of energy and the kind of
passion that is directly related to the pain people are suffering with
in his State--whether it is loss of a job, the death of a child or
something related to education or whether it is something related to
just every day, Senator Ron Johnson has been on top of it.
This is a perfect example of the kind of passion he brings. He
refuses to say: I can't go any further. He refuses to take and accept
the minority leader's objection to this--along with my colleague from
Wyoming and others--to this bipartisan supported measure. How can the
minority leader come down and give an example of why every parent
deserves the right to try, to try to save their children, to take
advantage of medicines and procedures that might be that miracle cure,
and then say: No, we are not going to take it up. We are not going to
give that to you because we know you are in a tight race. Essentially,
that is what he is saying. We know you are in a tight race so we are
not going to do anything.
Put yourself in the shoes of a parent who is trying to save the
precious life of a child. How can you put an election in a State that
is up for grabs--how can that trump the kind of sorrow and clinging to
the last hope parents are making?
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I commend the Senator. I have had the great privilege of serving
together with him since 2010, and we have become friends. His passion,
whether it is the national debt or whether it is any number of issues,
but particularly on this, that goes right to the heart and soul of
every parent in this country who is doing everything they possibly can
to save their child, and to be denied that opportunity because of a
political situation just astounds me.
I commend Senator Johnson. I know he will not give up. I know he will
fight this to the end. We stand with him. There is nothing partisan
about this issue, and there is no reason we can't come down as a body
and endorse and pass by unanimous consent what Senator Johnson is
asking. There is no reason whatsoever. I am with him to the end. We are
all with you to the end. I think we ought to just keep asking because I
don't believe a Senator here can understand why politics should trump
something like what you are trying to do.
Mr. JOHNSON. I certainly thank the Senator from Indiana for his
support on this issue. I will conclude by saying, this is a sad day for
the U.S. Senate; that the minority leader would turn his back on
terminal patients and their families, deny them that freedom, that
right to try, that right to hope, to score a political point--it is a
sad day for the U.S. Senate.
I yield the floor.
Mr. LEAHY. Mr. President, people talk about partisan gridlock and the
do-nothing Congress. There is plenty of justification for it. Judge
Merrick Garland, nominated to the Supreme Court on March 16, has been
waiting for a hearing, not to mention a vote, for more than 6 months.
None of the appropriation bills to fund the government in 2017 will be
enacted before the end of this fiscal year, just 2 days from now, even
though every one of them has been reported by the Appropriations
Committee. We are once again voting on a stopgap continuing resolution
to keep the government running until December 9.
As part of the continuing resolution, I proposed including a
provision that would give American businesses a level playing field
against their foreign competitors.
Right now, the Export-Import Bank cannot approve financing totaling
more than $10 million, because the Republicans have refused to vote on
the President's nominee for the third member of the Ex-Im Bank's board
of directors. Under current law, that means the Bank lacks a quorum,
and it is severely limited in what it can do.
My provision would have permitted the current board members to
approve financing over $10 million, for the period of the continuing
resolution.
This was not a farfetched idea. In fact, both House and Senate fiscal
year 2017 appropriations bills that are waiting for a vote include a
similar provision. By including it in the continuing resolution, we
would simply be doing what majorities in both appropriations committees
have already agreed to.
According to the Ex-Im Bank, it currently has a pipeline of more than
30 transactions, each of which exceeds $10 million, valued at over $20
billion in total that are stalled because of the quorum requirement.
In other words, the Republican leadership is blocking financing to
U.S. companies that are ready to compete for contracts to sell their
products and services overseas. They may not get the chance.
One would think, since Republicans regularly insist that they are the
party that cares more about American business, this would not be
difficult. They talk about wanting to help U.S. companies so they will
not move offshore. They talk about standing up for American workers.
They talk about a lot of things.
But did they include it? No. There wasn't even a debate. They just
said no dice because a tiny minority of their members opposes it.
That is what has happened to the Congress. Because the Republican
leadership either supports or is unwilling to challenge obstructionists
on their fringe, nothing happens. There are countless examples of it.
I hope the American people are paying attention. I hope businesses
around the country that pay taxes and need support from the Ex-Im Bank
are paying attention. Elections do matter, and this is just one of many
reasons.
Ms. STABENOW. Mr. President, I rise today to talk about the
continuing resolution that the Senate will soon be voting on, which
regretfully, I am unable to support.
For the past year, I along with my colleague from Michigan, Senator
Peters, worked to craft a bipartisan agreement with funding to help fix
the city of Flint's water system that exposed 100,000 people to lead
laced drinking water. And thanks to the leadership of Environment and
Public Works Committee Chairman Inhofe and Ranking Member Boxer, the
Senate a few weeks ago voted 95-3 to approve the Water Resources
Development Act with this desperately needed funding.
Unfortunately, the CR before us today addresses disaster funding for
flooding in Louisiana and other communities, but asks the families of
Flint to wait at the back of the line again. I cannot support a CR that
includes funding for other communities but not Flint, whose residents
have waited too long for much-needed aid.
However, because of the stalwart support of my colleagues--
particularly vice chairwoman of the Senate Appropriations Committee
Barbara Mikulski, Environment and Public Works Committee Ranking Member
Barbara Boxer, and Democratic leaders Harry Reid and Nancy Pelosi--
Republicans in the House of Representatives have agreed to a path
forward for enacting legislation this year that contains assistance for
the people of Flint.
I would also thank Majority Leader McConnell for his commitment to
ensuring that Congress does not adjourn this year without enacting WRDA
legislation that contains the Senate approved funding for fixing
Flint's water pipes and addressing drinking water problems that
communities across the country face.
While the absence of assistance for Flint prevents me from supporting
the continuing resolution, I am very pleased that it contains $1.1
billion to combat the spread of the Zika virus.
More than 2,000 pregnant women in the Nation and our territories have
evidence of being infected by Zika, more than 20 babies have been born
with Zika-related birth defects such as microcephaly, and at least six
pregnancies ended because of the virus. In Puerto Rico, the Surgeon
General said that 25 percent of residents will be infected by Zika
virus by the end of this year. In southern Florida, health officials
are combating the mosquitoes spreading the virus there in the hopes of
slowing the virus's path. With funding to combat Zika now secured, the
hard work begins to end the threat Zika presents to our families.
I am also grateful that the short-term spending agreement contains
the Military Construction and Veterans Affairs Appropriations bill,
which provides funding to ensure that our military facilities are
mission ready and that Michigan's 698,000 veterans can access the care
and benefits they have earned.
The fiscal year 2017 Military Construction and Veterans bill includes
$11.3 billion more in mandatory funding and $2.6 billion more in
discretionary funding than last year's budget. Although discretionary
funding for the Department of Veterans Affairs is below the amount that
was included in the bill approved by the Senate earlier this year, the
total amount in the CR still exceeds last year's enacted level by $2.9
billion. I strongly support this funding that provides for essential
medical care, disability compensations, mental health services, long-
term care, veteran specific medical research, and claims processing
improvements.
The PRESIDING OFFICER. The Senator from Arizona.
Mr. FLAKE. Mr. President, I ask unanimous consent to speak as in
morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
The National Debt
Mr. FLAKE. Mr. President, a few weeks ago, I was asked to act as
emcee for the Arizona Distinguished Young Women's Scholarship Program.
During the self-expression portion of the evening, meant to showcase
how quickly these women could think on their feet, the participants
were asked the following question: If you could live a day without
rules and consequences and do something truly outrageous, what would it
be?
Remember, these are high school seniors. As I stood on stage and
called on
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each of the young women to answer the question, Alexis, from Tempe,
confidently took the microphone and said:
I would fly to Washington, DC, go to the United States
Senate floor, and ask each Senator this question: ``What do
you plan to do about the national debt?''
The audience roared its approval, and I was put on the spot. This is
a topic that has received scant attention in this political season,
this election season, but it was put front and center at a scholarship
program.
We shouldn't be surprised by this. For every day that we adults
continue our obsession over emails and birth certificates, these high
school seniors recognize that we are spending $1.4 billion more than we
are taking in. This will result in nearly a $500 billion deficit this
year, which will be added to our burgeoning $19 trillion debt. They
know this and understand this because this is the debt they will be
left with long after our political careers are over.
I have long believed that of the myriad problems we face in this
country--from terrorism to nuclear proliferation, to infectious
diseases, to climate change, to aging infrastructure, to unaffordable
health care--our looming debt and persistent deficit are our most
urgent challenge. If we don't put our fiscal house in order and put
ourselves on a sustainable fiscal path forward, we will not be able to
address any of the problems and the challenges I just listed.
If we continue in our current state of denial, one day in the not so
distant future, we will wake up and discover that the financial markets
have already decided we are no longer a good bet. When this happens,
the low interest rates that have made our debt manageable over the past
couple of years will begin an upward march. For every quarter point
that interest rates go up, an additional $50 billion will be required
annually just to service the debt for every quarter point the interest
rates go up.
The Congressional Budget Office estimates that if we don't address
our fiscal imbalance and interest rates return to where they
traditionally have been, within a decade nearly all of our
discretionary budget will be swallowed up with just one item--paying
interest on the debt.
Think about that for a minute. How do we fight a war on terrorism
without spending any money on national defense? That is part of our
discretionary budget. How do we replace aging infrastructure when there
is no money left after we have paid our monthly installment on our
credit cards? Infectious disease-carrying mosquitoes will not stop at
our borders out of concern for our fiscal predicament.
Once national interest rates begin their inevitable rise, the control
over our fiscal situation will pass from this body, from Congress, and
from the executive branch to our creditors. We will then enter an
austerity cycle that will negatively impact the global economy, and it
will worsen our own fiscal outlook.
How do we avoid this gloomy picture? If we want to put ourselves on a
sustainable fiscal path, we can't just nibble around the edges.
Discretionary spending has been largely held in check over the past
several years, but the retirement of the baby boomer generation has led
to huge increases in our so-called entitlement programs.
Discretionary spending represents an ever-shrinking percentage of our
total spending. Putting ourselves on a sustainable fiscal path has to
involve a grand bargain of sorts, such as the one contemplated by the
National Commission on Fiscal Responsibility and Reform, more commonly
known as Simpson-Bowles. Of course, this outline will need to be
updated to take into account the nearly $7 trillion of debt that has
accumulated just in the past 6 years, but it is a good place to start.
It is tempting for both Republicans and Democrats to say: Well, we
will deal with this debt problem if voters give us control of both
Chambers and the White House. Believe me when I tell you that this will
not happen. No one party, Republican or Democrat, will take the
political risk that is inherent in dealing with our debt problem--not
my party, not the party on the other side of the aisle. Midterm
elections are never more than 2 years away.
No, it will take buy-in from both parties. Both parties have to be
willing to hold hands and jump together.
With divided government over the past 6 years, we have had the
conditions necessary for a long-term budget agreement, but we have
lacked the political courage to get it done. We cannot afford to
squander that opportunity any longer.
If the results of the November elections produce divided government
once again in January, here is hoping that while we may publicly
grumble, we will privately see it as an opportunity to redeem ourselves
as stewards of this institution and put the country back on a
sustainable fiscal path.
National Hispanic Heritage Month
Mr. President, I rise to recognize National Hispanic Heritage Month,
which is celebrated from September 15 to October 15. Originally signed
into law in 1968 to be just 1 week, it was expanded by President Ronald
Reagan as a month-long recognition in 1988.
This month recognizes the social, economic, and cultural
contributions of the more than 57 million Latinos living in the United
States. In my home State of Arizona, the Latino population has nearly
tripled in the past 25 years, and now it stands at just over 2 million
people. This is nearly one-third of the State's population, and
Hispanic children already make up more than half of the K-8 public
school students in Arizona.
From an economic view, Hispanic-owned small businesses are growing at
a rate of two or three times the national averages and now roughly
total 125,000 statewide. Businesses owned by Hispanic women are growing
even faster.
In Arizona, Hispanic Heritage Month is celebrated through historic
lectures, movie screenings, culinary and arts festivals, gallery
exhibitions, and musical celebrations. These are but a few items to
highlight when noting the contributions of those of Hispanic heritage.
I am pleased to have a moment on the Senate floor to talk about
National Hispanic Heritage Month.
With that, I yield back the remainder of my time.
The PRESIDING OFFICER (Mr. Perdue). The Senator from Indiana.
Wasteful Spending
Mr. COATS. Mr. President, as we are temporarily winding down here, I
am told we will be back in November, passing a short-term continuing
resolution or funding for the government until we do return. Then,
after the election, we will deal with the longer term. I wish to take
advantage of this remaining time to once again, for the 52nd time in
this last 2 years, come to the Senate floor to talk about the waste,
fraud, and abuse that exists within the Federal Government and what its
impact is on taxpayers' hard-earned tax dollars.
I have talked about everything from the very serious ways in which
Medicaid, Medicare, and Social Security have been violated and spent,
wasting billions of dollars through checks going to people who are
dead, people who don't qualify, and on and on. We have talked about
some ridiculous examples of expenditure of Federal dollars.
Today, I was thinking: Well, this is kind of a small amount. We are
only talking about $1 million here, and we have been talking about
billions.
All of a sudden it hit me that $1 million is not a small thing. I
think we have lost perspective here in terms of these numbers. What do
they mean to us?
People say: Do you want to be a millionaire? Well, that would be
unbelievable if I could be a millionaire. I mean, of course I would
want to be a millionaire. If you are a millionaire, you are living in
high cotton.
But we dismiss $1 million as change, just a few pennies here and
there when it is compared to billions of dollars, hundreds of billions
of dollars, and even trillions of dollars.
In just the last 8 years under the Obama administration, we have
taken our national debt--that is money we borrow to pay for things we
have expensed. We don't have the revenue to cover it, so we have to
borrow that money. As my colleague from Arizona was just discussing,
interest has to be paid.
When we arrived at the beginning of this administration, it was about
$10 trillion, and it has literally doubled--almost doubled. In just 8
years of time,
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230-some years since the beginning of this country, we have doubled the
debt from $10 trillion to nearly $20 trillion.
It is hard to grasp what a million is, let alone a billion, let alone
a trillion. So, yes, this is just ``a million dollars,'' but every
penny that is wasted is taken from taxpayers or is money not applied to
essential functions of the Federal government, such as our national
defense, health care, or whatever. This is one of these ridiculous
wastes of a million dollars.
The Department of Education has paid money for the creation of a
video game called ECO. The Department of Education is trying to have
classrooms use this game for students, literally for ideological
purposes. Obviously, what they were basing ECO on is what happens in
Washington, DC. They were creating a virtual government through a video
game. The students could vote by a majority vote as to whether to add
something to this government in terms of what their policies were or
take it away, but the game rules also ruled that the group's operator
could act as a king, issuing all rules by himself or herself. If the
king didn't like what the students did by majority vote, the king would
simply say: Fine, that means nothing. I am going to implement it
anyway.
It sounds an awful lot like what we have been through under this
administration. The vote of the peoples' representatives in the House
of Representatives and the Senate essentially has been bypassed in many
instances by the President of the United States.
Once again, through an ideological decision made by members of the
administration, we now are teaching students that this is really how it
works. If you want to make a difference, we need to give that king all
kinds of authority.
I define this as a waste. I define this as a waste of taxpayers'
money.
The function of government is not to brainwash students, through
video games, into a form of government that violates our Constitution,
violates all precedents in terms of how we operate around here. Yet
time and again I have stood on this floor, Members have stood on this
floor, and simply said: This is the function of the people's
representatives. This is a function of how they vote, yea or nay. This
is a function of how it works through the process of defining a law,
ultimately landing on the President's desk. Yet we have a President who
simply says: The heck with all that stuff. I am just going to implement
whatever I want to do, and, by the way, let's spend taxpayer dollars to
teach children that this is how government should work. I think it is
not just a shame, I think it is ridiculous. It is way over the top.
We are adding not a huge amount to the number, but through these 52
weeks we have accumulated $328 billion of waste, fraud, and abuse. It
just keeps on going. I could come to the floor every day. I could come
here every hour of every day to try to describe the volume of certified
waste, fraud, and abuse we have collected in our office. As long I have
the opportunity to be able to do that, I am going to keep doing it,
pointing out how government is mishandling the money that the taxpayers
are sending to Washington.
The Economy
Mr. President, in the time remaining that I have, let me simply say
that while the White House spin that the economic recovery from the
Great Recession is a huge success, to use their words, poll after
poll--from The Economist to YouGov, to Reuters, to Ipsos, to
Rasmussen--shows that nearly two-thirds of Americans think our economy
is on the wrong track.
The White House spin is one thing, but the facts clearly define the
Obama administration's record of low economic growth numbers. So we
hear the rhetoric coming out of the President's spokesman and the
President himself and some Members of the Senate that things are
working very well. Well, let's look at the facts. The truth lies in the
facts, not on what somebody wants to tell you the truth is.
Fact: Under the Obama administration, real growth continues to
average only half the growth of an average recession recovery over the
last half century. We have had many recessions, but the surge of
economic activity post those recessions has been twice as much as what
has happened over this recession, which took place in late 2008 and
early 2009. It has been nearly 8 years, and we have had half of the
average growth of all other recessions over the past half century.
Fact: Productivity growth has slumped under President Obama.
Fact: Business dynamism has slowed down significantly.
Fact: Today, a smaller number of Americans are working than before
the recovery began.
Fact: For those Americans who have been able to get jobs, a larger
number are working part time.
While President Obama is touting recent gains in household income,
the facts show that the median American household is still bringing
home less money than it was before the recession began almost 9 years
ago.
Based on these facts, it is clear that the economic policies employed
by the Obama administration have not worked.
It is one thing to come down here and listen to the President or
Members say: Look, these policies have worked, and it is a great
success; it is another thing to look at the reality of what has
happened and say: No, it is not a success.
Too many Americans feel there is no end to this current cycling of
mediocrity. It has almost become the new normal that we are going to
grow at 1, 1.5, or 2 percent a year instead of normal post-recession
growth of 3.5 or 4 percent or even more.
There is a reason why these policies, in my opinion, have not worked.
I think it is also a major reason why the American people simply say:
Look, you had your shot. You said you knew how to run government. You
said you knew how to grow the economy. You put these policies in place.
Well, it hasn't worked.
When something doesn't work, you don't just keep perpetuating it--
which is what I think the election is all about, frankly--you turn to
other policies that worked successfully before.
I want to name three things that I think should substantially improve
the growth of the economy in the United States.
Clearly, taxes are too complex, regulations are tying the hands of
job creators, and the ever-growing Federal debt is crowding out private
sector investment. All these are facts.
So it is time to change this truth, take a long-term look at why the
Obama administration policies have failed, and employ new policies. Let
me outline three new policies.
First, our broken Tax Code is punishing job creators.
We have the highest combined corporate tax rate in the developed
world--all of our competitors have a much lower corporate tax rate than
we do--and that puts us at a disadvantage. Of course that is why we
have an imbalance in our trade accounts. Small business owners face
mind-numbing complexity in rates as high as 44.3 percent due to Obama
tax increases.
Reducing business tax rates, both large and small, and simplifying
the 74,000 pages in the Internal Revenue Code--the Tax law--will help
American companies retain their competitive edge in the face of
globalization so that we can expand and create new jobs. We have been
talking about this for years. It hasn't happened. Tax reform is
absolutely necessary to get our economy growing again.
Secondly, policymakers in the administration need to streamline and
reduce burdensome regulations that are holding our economy down.
The Obama administration continues to issue regulations at a record-
setting pace. This flood of redtape wastes time and resources, stifles
jobs and new business startups, and dampens economic growth. The
businesses I visit in Indiana have story after story saying: We are
swamped with regulations. Instead of producing or selling our product,
we are filling out paperwork and sending it to Washington, going
through months and months of waiting for approval of this, that, or
whatever.
Regulatory reform is absolutely essential if we are going to get our
economy to grow.
Third and last of the three major issues: Growing Federal debt is
crowding out the private sector.
Over the years, as I have said, President Obama has nearly doubled
our national debt, racking up more debt in the 8 years of this
administration than in all previous years of every President who
preceded this 44th President.
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Think about that. The amount of debt we have incurred under this
President exceeds all of the other debt since the beginning of this
country under 43 previous Presidents.
When we put these three together, I believe that is the direction in
which we need to go. Hopefully, as we are closing out this
administration, that is the direction we will be able to take to get
our people back to work, get our economy growing again, and make
America great again.
Mr. President, I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. MANCHIN. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Prescription Drug Overdoses
Mr. MANCHIN. Mr. President, we have come to a crisis point in our
country, and I speak about this on a weekly basis. It is drug overdose,
legal prescription drug overdose. When I talk about legal prescription
drug overdose, these are well-noted, good pharmaceutical companies that
make a lot of products that save people's lives and help them
immensely. It is done with the approval of the Food and Drug
Administration, and then it is administered and basically recommended
by the most trusted person next to your most trusted family members--
your doctor. Then we look around and we have a product on the market
that basically is killing Americans every day.
In West Virginia, drug overdose deaths have soared by more than 700
percent since 1999. We lost 600 West Virginians to opiates last year
alone--more than any other form that has terminated people's lives in
that State. Of the 628 drug overdose deaths in the State in 2014, most
were linked to prescription drugs; 199 were OxyContin related, while
133 were attributed to hydrocodone. West Virginia had the highest rate
of prescription drug overdose deaths by any State last year--31 per
every 100,000 citizens. The next closest State was New Mexico, with 25
deaths per 100,000.
In West Virginia, providers wrote 138 painkiller prescriptions for
every 100 people. I want to repeat that. The providers, our doctors,
wrote 138 painkiller prescriptions for every 100 people. That doesn't
even sound feasible. It doesn't even sound right. It is the highest
rate in the country.
Between 2007 and 2012, drug wholesalers shipped more than 200 million
pain pills to West Virginia. My State has a population of a little less
than 1,850,000. So we have about 1,800,000 people and prescription drug
wholesalers shipped more than 200 million pain pills to my State. Think
about that--200 million pain pills and we have fewer than 2 million
people. Unbelievable. That is 40 million per year. And this number
doesn't include shipments from the two largest drug wholesalers, so it
is even higher than that.
Every day in our country, 51 Americans die from opioid abuse. People
are dying as we speak. Here are the national drug abuse facts:
Drug overdose was the leading cause of injury and deaths in 2013.
Among people 25 to 64 years old, drug overdose caused more deaths than
motor vehicle crashes.
There were 41,982 drug overdose deaths in the United States in 2013.
Of those, 22,767--or almost 52 percent--were related to prescription
drugs.
Drug misuse and abuse caused about 2.5 million emergency department
visits in 2011. Of those, more than 1.4 million were related to
prescription drugs. Among those emergency visits, 420,000 were related
to opiate analgesics.
Nearly 2 million Americans ages 12 or older either abused or were
dependent on opiates in 2013, and on top of that, they are recommending
giving hydrocodone to children as young as 12 years of age.
Of the 2.8 million people who used an illicit drug for the first time
in 2013, 20 percent began with the nonmedical use of prescription
drugs, including pain relievers, tranquilizers, and stimulants.
The United States makes up only 4.6 percent of the world population.
With over 7 billion people who live in the world, we have about 320,
330 million people, so that is a little less than 5 percent. Yet we
consume 80 percent of the opiates. This Nation, which is less than 5
percent of the world's population, consumes over 80 percent of all the
opiates that are produced and consumed in the world--how did we become
so addicted?--and 99 percent of the world's hydrocodone, which is
Vicodin. Opiate abuse has jumped 287 percent in 11 years. We are not
very pain-tolerant anymore.
In 2012, health care providers wrote 259 million prescriptions for
painkillers--enough for every American to have a bottle of pills.
Misuse and abuse of prescription drugs cost the country an estimated
$53.5 billion per year in lost productivity, medical costs, and
criminal justice costs. Ask any law enforcement--town, county, or State
police--and they will tell you that 80 to 90 percent of all the calls
they go on are related to some kind of drug use or abuse.
Since 1999, we have lost almost 200,000 Americans. If that is not an
epidemic, I don't know what is. And why we are not up in arms--
everybody in this country--fighting this epidemic is beyond me. I have
always said this is a silent killer. It doesn't matter whether you are
Democratic or Republican. This is not a partisan killer. Whether you
are a liberal or a conservative, whatever your religious beliefs,
whatever your race is, this one has no home. This goes after everybody.
But it is a silent killer because we keep our mouths closed because we
don't want to admit to anybody outside of our family that we have a
problem. My son has a problem. My daughter has a problem. My niece or
my nephew, my mom or my dad, my uncle or my aunt has a problem. We
think we will keep that in. We won't talk about it. Well, we don't talk
about it, and it continues to grow and grow.
We have a lot of bills in the hopper right now.
The LifeBOAT Act. If I hear 1 time a day, I hear 10 times a day:
There is no place to get treatment. I want my child to get treatment. I
want my parents to get treatment. There is no place to send them.
I have said we need to do something about that. We need to get a
permanent funding stream. So I have introduced a bill that says that
one penny for every milligram of opioids that is produced in the United
States of America will go to a treatment plan. That means every part of
the country that has been affected will be able to get treatment. They
will have a funding mechanism.
Some people say: Well, that is a tax. We don't want to put a tax on
it.
Well, I am sorry, we do it on cigarettes and we do it on alcohol. We
know this is killing people all over the country. No State is immune.
Yet we are afraid to move forward.
I am hoping we can come together as a body and find a pathway forward
so that we can treat addiction as the illness that it is and try to get
people back into productive lives and, most importantly, save their
lives. This would be one way to do it and do it in a way that we can
all look at ourselves and look at what we have done for our
constituents and say: We helped you.
The Promoting Responsible Opioid Prescription Act. This bill would
decouple hospital and physician payments. Right now, if an addict comes
in and they don't get what they want, they will report you for bad
service. They will report a doctor and they will report a hospital or a
clinic, and that basically determines the type of reimbursement they
get from Medicaid or Medicare. That is ridiculous. If addicts don't get
what they want, they are going to be mad at everybody. So we need to
change that.
The Changing the Culture of the FDA Act. The FDA should not be
putting products on the market that we know are going to alter your
life or alter the community or destroy your life. They are there to
protect us. If they give a stamp of approval, it should be done because
it is a product that we know will not deteriorate or destroy our lives.
The FDA Accountability for Public Safety Act will require the FDA to
seek advice. I will give a perfect example. They continue to put
opioids on the market every day. There are people who are applying to
put more products on the market. We don't need any more products. We
have enough painkillers, and we are consuming 80 percent of the
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world production now. How many more do we need? They come out with
tougher and stronger products. I can't even understand why they do it,
but they say it is needed for different purposes. And then what happens
on top of that is that it is against the advice of their own advisory
committee. The experts in their field are saying: Don't put this
product on the market, but they do it anyway. We are saying: Stop that
practice. And they will not be able to do that anymore if we pass this
piece of legislation.
My good friend from Louisiana, who is a doctor, understands Jessie's
Law. Jessie's Law basically would say this: If you have a member of
your family--a child, and you are the guardian or the parent and you go
to the hospital, both the child who is trying to recover from an
addiction and the parents sign that this child has an addiction and
this child is in recovery right now, so be very careful what you
administer. Red flag that. Make sure--the same as if they were allergic
to penicillin--that everyone who handles their chart knows.
A young girl named Jessie Grubb in my State of West Virginia died
because the discharging physician was not made aware of her condition
and prescribed 50 oxycodone. She used 10 of them, and she was dead at 1
o'clock in the morning, the same day she got discharged. This can be
prevented. This piece of legislation should have been passed, and I am
hoping we can come to grips with that.
I am going to read one letter, if the Senator from Louisiana will
indulge me, my good friend and colleague from Louisiana. I am going to
read the obituary of Emmett Scannell. This obituary was written by
Emmett Scannell's father. No father should ever have to write his own
child's obituary.
I have spoken with Mr. Scannell. He has given me permission to share
his son's story as part of his ongoing efforts to break down the stigma
surrounding addiction. The first thing you break down is the silence.
Parents are willing to speak out now. They want help. They want us to
recognize that they need help, and we need laws to help protect them.
On April 20, 2016, our 20 year old son, Emmett J. Scannell,
lost his battle to Substance Use Disorder and died due to a
heroin overdose. Emmett had been in recovery and sober in
Alcoholics Anonymous for 2 years when he went off to college
in late August 2014. Within 6 weeks, heroin came into his and
our lives, stole him from us, and Substance Use Disorder
killed him in only 18 months.
Adored brother of Zachary Scannell and Alice D'Arpino of
Mansfield. Beloved son of Aimee Manzoni-D'Arpino (and her
husband John A. Manzoni-D'Arpino) of Mansfield and William E.
Scannell (and his life partner, Brenda Rose) of Bridgewater;
Nephew of Paula Mountain and Brian Mountain of Raynham and
Brian Scannell of Raynham; grandson of Peter and Patricia
Campos Manzoni of Easton and Paul Scannell and Nora Scannell,
both of Raynham; loving cousin of Josie Mountain, Scott
Mountain, and Carley Scannell, all of Raynham.
Emmett was a National Honor Society student who graduated
from Bridgewater Raynham Regional High School in May 2014.
Unfortunately he is not the first member of his class to die
from Substance Use Disorder. Emmett was a sophomore at
Worcester State University, where he was studying computer
science on a full academic scholarship. But most recently he
had, and died from, Substance Use Disorder.
Emmett was a caring, funny, smart young man with the
potential for greatness. He loved his brother and sister,
biking and snowmobiling and had a smile and charm that could
light up a room, but it won't ever again because he had and
died from Substance Use Disorder.
You see, Substance Use Disorder is not something to be
ashamed of or hidden. It is a DISEASE that has to be brought
out into the light and fought by everyone. It continues to
cut down our loved ones every day. Please do whatever you can
to fight it so that you never have to feel what every one of
us who has lost a loved one is feeling right now. We all
thank you for your condolences and prayers and ask that you
continue to pray for Emmett's soul and our family. . . .
Please come to the church where he and his Dad attended their
12-Step Recovery Program together and enjoyed the best years
of their lives together. . . . Our family cannot begin to
express how much the outpouring of love and support we have
received means to us. Knowing our son was loved by so many
simply means the world to us!
No parent should ever have to write their child's obituary,
especially when it was preventable.
We have to come to grips with this as a society. We are losing a
generation. We are losing a generation that could be helping us
economically, that could be helping us find new cures for diseases,
that could be helping us in maintaining the superpower of the world and
the world order.
I look at this, and every day people are pleading for help. They need
help.
I ask all of you to pray for Emmett and his family, but also, if you
have a problem in your family, speak out about it. Let's get the help
that is needed. We have professionals who want to help. As a body,
let's do the right thing and find a funding source so that we can put
the clinics and the treatment centers around the country that are
needed.
In the State of West Virginia, my colleague Senator Capito knows very
well that we have a challenge and we have a problem and we have a
killer, and we are going to stop it, rid it, and wipe it out.
I yield the floor.
The PRESIDING OFFICER. The Senator from Louisiana.
Mr. CASSIDY. Mr. President, I have spoken on the floor twice now to
tell the stories of the devastation caused by the great flood of 2016
and the depth of need the families of Louisiana have.
Since I last spoke, about 10,000 more people have applied for
individual assistance through FEMA, and now about 150,000 folks in
Louisiana have applied for individual assistance. This is a serious,
immediate issue, and we need help for those who are in great need.
In all of the debate back and forth, some people have forgotten or
never realized how massive this disaster was--an unprecedented event.
The National Weather Service deemed this as a once-in-a-thousand-years
event. Twenty parishes have been declared disaster areas. In the city
of Denham Springs, 90 percent of homes flooded, and in about half of
the structures flooded, it will cost owners over 50 percent of the
value of the building to repair. Ninety percent of the housing stock in
this town has been flooded.
According to the estimates by the Advocate newspaper--the paper in
the Baton Rouge area--as many as 12,000 Baton Rouge area businesses
flooded. The National Flood Insurance Program has found that when
businesses floods, as much as 40 percent of them never reopen. For a
small business to reopen their doors, there is great cost, and this can
prove too great to rebuild. The consequence of this is to the owner of
the business, but it is perhaps felt more greatly by the employees--and
their families--who lose their jobs.
This flooding caused $8.7 billion in damage. If you take out
hurricanes, this has been the most expensive natural disaster to happen
in the United States in the last 100 years. Let me repeat that. Take
out Sandy and Katrina, and we have the most expensive natural disaster
in the last 100 years--$8.7 billion.
No one was prepared, and it is not their fault. Less than a quarter
of the population had flood insurance because the flood occurred in
areas more than 50 feet above sea level. One fellow who called me lives
7 miles from the river, and he got 4 feet of water. He did not expect
to have a flood and was not required to have flood insurance. Why would
you when you are 7 miles away from the river?
Thousands of families were completely caught off guard by a thousand-
year flood and are now struggling to pick up the pieces. They need our
help. They are trying to make a decision whether to rebuild or just
move on: We can't afford to repair our house. We owe more than it is
worth. Let's just walk away from our mortgage, buy a trailer, and
hopefully be able to do something different in the future.
Here are a couple of examples of families affected. This is a street.
This is not a lake; this is a street. This is a family being evacuated
by volunteers. The water was too deep for them to get out. You can
imagine, if this is on the street, it is also in the house. And that
which most people keep--wedding dresses, picture albums, toys,
clothes--is flooded too. When the water recedes and the water goes out
of the house, also what goes out are these heirlooms, picture albums,
clothes, and piles of debris on the side of the road.
Let me also remind you of Dorothy Brooks. She is 78 years old. In
this picture, she was being rescued out of 3 feet of water. You can see
the water here next to the deputy's leggings. This
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is in Tangipahoa Parish, and this is Sergeant Thomas Wheeler. Dorothy
relies on a wheelchair. As you might guess, she could not evacuate, nor
could she prepare for the flooding.
Dorothy is not the only person who is handicapped or who is a senior
citizen who was affected. At their age, they have been unable to
evacuate but also unable to carry out the repairs once the floodwaters
recede. One example of this is Roy and Vera Rodney--both in their
eighties--who had 4 inches of water in their house. It was not a whole
lot, but 4 inches. The FEMA inspector told them their home was
habitable, so they were denied repairs and rental assistance. Being in
their eighties and having no family in town, they couldn't gut and
repair their home on their own. The water sat, and there was damage to
the carpet. Their belongings sat. Mold came in, mold spread, and now
their house is too unhealthy to live in. They have evacuated to family
who live far away, and while there, they are not available to let
volunteers come in to gut their house. In the weeks that they have been
forced to wait, the house has remained ungutted and mold has continued
to spread. Because they could not get their aid in time, the cost of
recovery has grown.
The Rodney story is the story of the whole region. Dollars to help
that come sooner will have a greater impact than the same amount of
money that comes later. Again, if the Rodneys had been able to take out
4 inches of wet baseboard, furniture, carpet, wood flooring, their home
would have dried and they would have rebuilt. Because they could not,
mold spread, the damage increased, and now the whole house has to be
remediated. The same amount of money sooner has a greater impact than
later. That is the story of us seeking funding for Louisiana in the CR.
Helping each other is a fundamental American value. I ask all my
colleagues to support this continuing resolution with the money for
disaster relief for families--not just in Louisiana but also in
Louisiana--who have been faced with natural disasters, to help families
like these who have lost everything put their lives back
together. Let's do what is right and pass this legislation so we can
help relieve these flood victims.
I yield the floor.
The PRESIDING OFFICER. The Senator from West Virginia.
Mrs. CAPITO. Mr. President, I thank my colleague from Louisiana for
all the hard work he has done to try and make sure those folks he
talked about, and those tragedies he has brought to light for all us,
are getting the best assistance they deserve.
I think every State, whether it is Louisiana, West Virginia, Georgia,
or wherever we live, we are all subjected to a national emergency at
some point. It could be a flood, fire, large snowstorm, windstorm, or
tornado--any of these events could happen to any of us. That is why I
have always, through the course of my legislative career, looked
favorably to try and help particular areas of this country that need
extra assistance. Senator Cassidy has been particularly effective here,
and it has been my pleasure to work with him and others on this
subject.
I have already talked on this topic earlier in the week. We are close
to having a vote on this legislation, and hopefully it will pass so we
can bring badly needed relief not only to Louisiana, West Virginia, and
other places but to also have the funding that will carry us through
December.
I am a member of the Appropriations Committee, and the Senator from
Louisiana is a member as well. I think we are both frustrated that we
are at a point where we have a continuing resolution after passing our
appropriations bill out of the Appropriations Committee in a bipartisan
way. I think we worked well together to provide the greatest impact and
voice on individual bills, but unfortunately that process broke down.
We are where we are, and in between the time of those appropriations
bills, West Virginia suffered one of the worst floods we have seen.
A State like West Virginia has small communities, such as Clendenin,
Rainelle, Richwood, and Clay. These are small towns much like every
small town in America, and there are people who are still not able to
get back into their homes and water systems that have not been running
since June. Banks of creeks and water systems are still in disrepair.
In order for folks to get their needed assistance, we need to pass
this continuing resolution. Our Governor has identified 310 million
additional dollars through the Federal Community Development Block
Grant Program, and an overwhelming amount of this--90 percent of the
homes that have now been impacted--was not covered by flood insurance.
The $310 million, which the State has identified as a real need, was
supposed to go to putting folks back in their homes, new homes, and
homes that any one of us would want to live in, but unfortunately they
were not able to do that.
More than 5,000 homes in the State of West Virginia were identified
as a loss. Twenty-three people lost their lives in the flood because it
came so suddenly. West Virginia has beautiful hills, but we also have
some valleys as well. When the water rushes, it rushes fast and quickly
fills those valleys, and unfortunately some of the families had very
tragic circumstances. Many families, thousands of them, lost
everything. Small businesses are unsure if they can rebuild and workers
don't know if they still jobs. I know the town of Clendenin--19 miles
from where I live in Charleston--has a very uncertain future, and that
is why it is very important that we get this downpayment of emergency
relief for our State and States like Louisiana and Texas. We are going
to work together to make sure we can secure additional funding, if that
is what our Governors--and I think both of our Governors have
identified additional problems.
I thank the leader, Senator McConnell. I think this has been a week
of pushes and pulls and ups and downs. I think he was very skillful by
working with the Democratic leader and the leaders over in the House,
and we now have a good pathway forward. I wish to express my
appreciation to him for his leadership and his ability to, I think,
find an answer to some very difficult questions.
I also thank our Appropriations chair, Senator Cochran, for his work
on this bill.
I wish to speak about Flint, MI, for a few minutes. Nearly 7 months
ago, I was one of the very first cosponsors of the bipartisan
legislation that Senator Stabenow introduced, along with Chairman
Inhofe and Ranking Member Boxer, that would direct resources to address
the serious water problem in Flint. I strongly supported the inclusion
of the Flint provisions in the Water Resources Development Act, as did
many of us, and the vote was 95 to 3, 2 weeks ago.
I know the leadership is committed to taking final action to help
Flint later in the year, and I wholeheartedly support that.
Unfortunately, West Virginia had a water crisis, too, and although the
impact we had was different than what we saw in Flint, we know how
devastating it is for businesses and residents to not have clean
drinking water. This also has critical funding for our veterans and the
opioid and heroin crisis we see sweeping across the country.
I see my colleague from Maryland is here. Her State has also had some
flooding as well. We are right next door to one another, and I thank
the Senator for her leadership.
With that, I yield back the remainder of my time.
The PRESIDING OFFICER. The Senator from Maryland.
Ms. MIKULSKI. Mr. President, I rise in support of voting for the
continuing resolution. Over the last several days, there have been
votes I have had to oppose, but I think we have arrived at a place
where both sides of the aisle can support this continuing resolution.
Is it perfect? No. Is it acceptable? Yes. Is it necessary? Absolutely.
The first thing we need to do is make sure we do not have a
government shutdown or a government slamdown. Those wonderful men and
women who work for the Federal Government, those who are keeping our
Social Security offices open, those who serve our veterans, and those
who are working at NIH right this minute on a cure for cancer or
helping people with Alzheimer's need to know we are not going to play
partisan politics with last-minute dramatic efforts to get one party or
the other to stare each other down.
[[Page S6182]]
This continuing resolution, which will be before our colleagues
shortly, meets three goals that we Democrats have laid out. No. 1, it
keeps the government open through December 9 so we can finish the work
on government spending and what they call an omnibus bill, meaning all
of the subcommittees that would fund the U.S. Government; No. 2, that
we do it in a way that abides by the balanced budget agreement of 2015;
No. 3, ensure that it does not contain draconian poison pill riders,
which is true with one regrettable exception, the SEC political
disclosure rider, which is where we tell corporations that if they give
money to political parties, they need to disclose it.
The bill does do important things. First of all, it fights Zika with
$1.1 billion worth of emergency funding without objectionable riders
restricting funding. It also contains funding for our veterans so they
get the health care they deserve and have earned so we can shrink the
disability backlog and that we don't leave the veterans stranded while
waiting to see a doctor.
I wish to compliment those who worked on that particular funding. I
also want to say it does contain disaster relief for flooded
communities like Louisiana and West Virginia, but the bill does not
respond to the compelling needs in Flint, MI. However, we do have
leadership on both sides of the aisle and both sides of the dome
pledging to get money to Flint during the lameduck session.
I commend Senators Stabenow and Peters for their advocacy--those of
the Senators from Michigan--for their constituents. There are still
100,000 people in Flint, MI, waiting for their water pipes to be clean
and safe. Small business owners are trying to keep their doors open,
and mothers are worried about whether their children will suffer any
cognitive damage as well as slow growth and development in the future
due to the lead in their water.
When we were fighting for Flint, we were fighting for the 100,000
people who needed to be able to count on their government so we could
get the lead out of what we do and get the lead out of their waters. We
were disappointed about Flint, but we do know it contains an approach
that is acceptable to the Senators and the Members from Michigan.
This bill includes $1 billion for Zika funding that I talked about,
and it also funds money for our veterans. I could elaborate on this
more, but what I want to say is this. Through a conversation that was
arrived at by talking across both sides of the aisle, we were able to
get through this legislation.
I thank the Republican leader, Senator McConnell, for his work and
talking with me as well as working with our leadership to achieve a
bill I think we can support. We want to make sure we finish the job
today so we can keep the government open and that we pass the omnibus
in December, among the other bills we are going to be dealing with,
which will be very important, and I will have more to say about it.
What I am saying now, to my side of the aisle, is that this is an
acceptable compromise. It might not be the most desirable, and we could
continue to debate and dispute that, but it is acceptable.
I urge my colleagues to vote for the bill, and I look forward to
keeping our government open and working on the final product of an
omnibus bill with my chairman of the Appropriations Committee, the
Senator from Mississippi, who again wants to achieve compromise and do
it in a way that is civil.
I yield the floor.
The PRESIDING OFFICER. The Senator from South Carolina.
Mr. GRAHAM. Mr. President, I suggest the absence of a quorum.
The bill clerk proceeded to call the roll.
Mr. McCONNELL. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Boozman). Without objection, it is so
ordered.
Cloture Motion
Mr. McCONNELL. Mr. President, I move to proceed to the motion to
reconsider the motion to invoke cloture on Senate amendment No. 5082 to
H.R. 5325.
The PRESIDING OFFICER. The question is on agreeing to the motion.
The motion was agreed to.
Mr. McCONNELL. I move to reconsider the motion to invoke cloture on
Senate amendment No. 5082 to H.R. 5325.
The PRESIDING OFFICER. The question is on agreeing to the motion.
The motion was agreed to.
The PRESIDING OFFICER. Pursuant to rule XXII, the Chair lays before
the Senate the pending cloture motion, which the clerk will state.
The bill clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
do hereby move to bring to a close debate on Senate amendment
No. 5082 to H.R. 5325, an act making appropriations for the
Legislative Branch for the fiscal year ending September 30,
2017, and for other purposes.
Mitch McConnell, Mike Rounds, Thad Cochran, John Cornyn,
Daniel Coats, Roger F. Wicker, Thom Tillis, John
Barrasso, Lamar Alexander, John Hoeven, Pat Roberts,
Orrin G. Hatch, Susan M. Collins, Lisa Murkowski, Steve
Daines, Tom Cotton.
The PRESIDING OFFICER. By unanimous consent, the mandatory quorum
call has been waived.
The question is, Is it the sense of the Senate that debate on
amendment No. 5082, offered by the Senator from Kentucky, Mr.
McConnell, to H.R. 5325, shall be brought to a close, upon
reconsideration?
The yeas and nays are mandatory under the rule.
The clerk will call the roll.
The bill clerk called the roll.
Mr. DURBIN. I announce that the Senator from Virginia (Mr, Kaine) and
the Senator from Vermont (Mr. Sanders) are necessarily absent.
I further announce that, if present and voting, the Senator from
Virginia (Mr. Kaine) would vote ``yea''.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The yeas and nays resulted--yeas 77, nays 21, as follows:
[Rollcall Vote No. 149 Leg.]
YEAS--77
Alexander
Ayotte
Baldwin
Barrasso
Bennet
Blumenthal
Blunt
Boozman
Boxer
Brown
Burr
Cantwell
Capito
Cardin
Carper
Casey
Cassidy
Coats
Cochran
Collins
Coons
Corker
Cornyn
Cotton
Crapo
Donnelly
Durbin
Enzi
Ernst
Feinstein
Fischer
Flake
Gardner
Gillibrand
Grassley
Hatch
Heinrich
Hirono
Hoeven
Isakson
Johnson
King
Kirk
Klobuchar
Leahy
Manchin
McCain
McCaskill
McConnell
Mikulski
Moran
Murkowski
Murphy
Murray
Nelson
Portman
Reed
Reid
Risch
Roberts
Rounds
Rubio
Schatz
Schumer
Shaheen
Shelby
Sullivan
Tester
Thune
Tillis
Toomey
Udall
Vitter
Warner
Whitehouse
Wicker
Wyden
NAYS--21
Booker
Cruz
Daines
Franken
Graham
Heitkamp
Heller
Inhofe
Lankford
Lee
Markey
Menendez
Merkley
Paul
Perdue
Peters
Sasse
Scott
Sessions
Stabenow
Warren
NOT VOTING--2
Kaine
Sanders
The PRESIDING OFFICER. On this vote, the yeas are 77, the nays are
21.
Three-fifths of the Senators duly chosen and sworn having voted in
the affirmative, the motion, upon consideration, is agreed to.
Cloture having been invoked, the motion to commit falls.
The majority leader.
Amendments Nos. 5083 and 5085 Withdrawn
Mr. McCONNELL. Mr. President, I ask unanimous consent to withdraw
amendments Nos. 5083 and 5085.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Under the previous order, all postcloture time is expired.
Vote on Amendment No. 5082
Mr. McCONNELL. Mr. President, I ask unanimous consent to vitiate the
yeas and nays on the amendment.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The question is on agreeing to amendment No. 5082.
The amendment (No. 5082) was agreed to.
[[Page S6183]]
Cloture Motion
Mr. McCONNELL. Mr. President, I move to proceed to the motion to
reconsider the motion to invoke cloture on H.R. 5325.
The PRESIDING OFFICER. The question is on agreeing to the motion.
The motion was agreed to.
Mr. McCONNELL. Mr. President, I move to reconsider the motion to
invoke cloture on H.R. 5325.
The PRESIDING OFFICER. The question is on agreeing to the motion.
The motion was agreed to.
The PRESIDING OFFICER. Pursuant to rule XXII, the Chair lays before
the Senate the pending cloture motion, which the clerk will state.
The bill clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
do hereby move to bring to a close debate on H.R. 5325, an
act making appropriations for the Legislative Branch for the
fiscal year ending September 30, 2017, and for other
purposes.
Mitch McConnell, Mike Rounds, Thad Cochran, John Cornyn,
Daniel Coats, Thom Tillis, Roger F. Wicker, John
Barrasso, Lamar Alexander, John Hoeven, Pat Roberts,
Orrin G. Hatch, Susan M. Collins, Lisa Murkowski, Steve
Daines, Tom Cotton.
The PRESIDING OFFICER. By unanimous consent, the mandatory quorum
call has been waived.
The question is, Is it the sense of the Senate that debate on H.R.
5325, an act making appropriations for the Legislative Branch for the
fiscal year ending September 30, 2017, and for other purposes, shall be
brought to a close, upon reconsideration?
The yeas and nays are mandatory under the rule.
The clerk will call the roll.
The senior assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Virginia (Mr. Kaine) and
the Senator from Vermont (Mr. Sanders) are necessarily absent.
I further announce that, if present and voting, the Senator from
Virginia (Mr. Kaine) would vote yea.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The yeas and nays resulted--yeas 77, nays 21, as follows:
[Rollcall Vote No. 150 Leg.]
YEAS--77
Alexander
Ayotte
Baldwin
Barrasso
Bennet
Blumenthal
Blunt
Boozman
Boxer
Brown
Burr
Cantwell
Capito
Cardin
Carper
Casey
Cassidy
Coats
Cochran
Collins
Coons
Corker
Cornyn
Cotton
Crapo
Donnelly
Durbin
Enzi
Ernst
Feinstein
Fischer
Flake
Gardner
Gillibrand
Grassley
Hatch
Heinrich
Hirono
Hoeven
Isakson
Johnson
King
Kirk
Klobuchar
Leahy
Manchin
McCain
McCaskill
McConnell
Mikulski
Moran
Murkowski
Murphy
Murray
Nelson
Portman
Reed
Reid
Risch
Roberts
Rounds
Rubio
Schatz
Schumer
Shaheen
Shelby
Sullivan
Tester
Thune
Tillis
Toomey
Udall
Vitter
Warner
Whitehouse
Wicker
Wyden
NAYS--21
Booker
Cruz
Daines
Franken
Graham
Heitkamp
Heller
Inhofe
Lankford
Lee
Markey
Menendez
Merkley
Paul
Perdue
Peters
Sasse
Scott
Sessions
Stabenow
Warren
NOT VOTING--2
Kaine
Sanders
The PRESIDING OFFICER. On this vote, the yeas are 77, the nays are
21.
Three-fifths of the Senators duly chosen and sworn having voted in
the affirmative, the motion, upon reconsideration, is agreed to.
The majority leader.
Mr. McCONNELL. Mr. President, I know of no further debate on H.R.
5325.
The PRESIDING OFFICER. Is there further debate on the measure?
If not, the question is on the engrossment of the amendment and third
reading of the bill.
The amendment was ordered to be engrossed, and the bill to be read a
third time.
The bill was read the third time.
The PRESIDING OFFICER. The bill having been read the third time, the
question is, shall the bill pass?
Mr. McCONNELL. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The bill clerk called the roll.
Mr. DURBIN. I announce that the Senator from Virginia (Mr. Kaine) and
the Senator from Vermont (Mr. Sanders) are necessarily absent.
I further announce that, if present and voting, the Senator from
Virginia (Mr. Kaine) would vote yea.
The PRESIDING OFFICER (Mr. Toomey). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 72, nays 26, as follows:
[Rollcall Vote No. 151 Leg.]
YEAS--72
Alexander
Ayotte
Baldwin
Barrasso
Bennet
Blumenthal
Blunt
Boozman
Boxer
Brown
Burr
Cantwell
Capito
Cardin
Carper
Casey
Cassidy
Coats
Cochran
Collins
Coons
Cornyn
Cotton
Crapo
Daines
Donnelly
Durbin
Enzi
Ernst
Feinstein
Fischer
Gardner
Gillibrand
Grassley
Hatch
Heinrich
Hirono
Hoeven
Isakson
Johnson
King
Kirk
Klobuchar
Manchin
McCain
McCaskill
McConnell
Mikulski
Moran
Murkowski
Murphy
Murray
Nelson
Portman
Reed
Reid
Roberts
Rounds
Rubio
Schatz
Schumer
Shaheen
Shelby
Sullivan
Tester
Thune
Tillis
Toomey
Udall
Vitter
Warner
Wicker
NAYS--26
Booker
Corker
Cruz
Flake
Franken
Graham
Heitkamp
Heller
Inhofe
Lankford
Leahy
Lee
Markey
Menendez
Merkley
Paul
Perdue
Peters
Risch
Sasse
Scott
Sessions
Stabenow
Warren
Whitehouse
Wyden
NOT VOTING--2
Kaine
Sanders
The bill (H.R. 5325), as amended, was passed.
The PRESIDING OFFICER. The Senator from Alabama.
____________________