[Congressional Record Volume 162, Number 147 (Wednesday, September 28, 2016)]
[Senate]
[Pages S6200-S6201]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   UNANIMOUS CONSENT REQUEST--S. 2971

  Mr. PORTMAN. Mr. President, I rise today to talk about legislation 
that would support our first responders--specifically those who work on 
our urban search and rescue teams. These are FEMA forces around the 
country staffed by volunteers--brave individuals who are willing to go 
into danger, who are willing to go into places like the aftermath of 9/
11, as they did, or Katrina, as they did.
  We just had the 15th anniversary of the 9/11 attacks, and many of my 
colleagues came on the floor and talked about how much they appreciate 
those first responders who responded for us. They talked about their 
virtues and how they put their lives on the line to rescue victims. 
Those heroes included members of our urban search and rescue teams.
  As we all do, I remember where I was on 9/11. I was here in 
Washington. My wife was in for a rare visit. The morning 9/11 happened, 
I think she got the last Enterprise rental car out of town and went 
straight home to be with our three kids to let them know they would be 
safe. As she was driving back to Ohio on a Pennsylvania highway, she 
saw flashing lights coming the other way. It was Ohio Task Force One. 
She recognized the truck right away because we knew a lot of the 
members of that task force. The lights were flashing as they went into 
danger: They were driving to 9/11. They were there for weeks. Some were 
there for months. They put their lives on the line for all of us.
  At every place around the country, these task forces are staffed by 
the same brave individuals--not just brave but highly skilled. We think 
about the bravery of people like Chief Jeff Payne of Ohio Task Force 
One, who immediately left his family and went to the World Trade 
Center. We think of men like Ray Downey, one of the architects of 
FEMA's Urban Search and Rescue Program. Ray gave his life that day, 9/
11, so that others could live. I think about so many around the country 
who are not just brave but highly skilled and do extraordinary work. 
They bring specialized skills that most first responders wouldn't have, 
skills such as heavy rigging or the ability to lift large and heavy 
objects like iron beams and concrete walls--tools that were needed at 
the World Trade Center. They are absolutely critical to the future of 
our emergency response. They also went to Katrina to save lives there. 
They are volunteers. They leave their families on a moment's notice 
when they are needed for this vital support. On 9/11, some lost their 
lives in service.
  The families who were affected by that want to be sure that when 
those members deploy at the risk of their health, employment, and 
personal liability, that when they put it all on the line, we are there 
for them. That is what this legislation does.
  It doesn't have to be the way it is now because we could put 
legislation in place that would take a lot of those concerns away, give 
people more peace of mind, and protect these first responders from 
lawsuits, medical expenses, and job loss as a result of their service. 
The legislation is called the National Urban Search and Rescue Response 
System Act. It is something FEMA asked this Congress to do after 9/11. 
It took Congress a while to get through it, but we finally put together 
legislation with FEMA over the last year and a half. The legislation 
was worked on by Republicans and Democrats alike. It has been totally 
nonpartisan.
  The coauthor of this legislation is Tom Carper, the ranking Democrat 
on the Homeland Security Committee. The Homeland Security Committee 
passed this legislation not with a vote of Democrats and Republicans on 
each side but unanimously, with Democrats and Republicans working 
together. We actually passed the legislation unanimously back on May 
25.
  The legislation not only has the support of Homeland Security & 
Governmental Affairs Chairman Johnson, Ranking Member Carper, Senator 
Cory Booker, Senator Mike Bennet, Senator Dianne Feinstein, but it is 
also just common sense. This is exactly the kind of legislation we 
should be passing around here.
  It has the support of FEMA, strong support. They are the ones who 
worked with us to put this together because they want to codify what 
current rules are and expand those rules and clarify them.
  It has the strong support of the International Association of 
Firefighters, and they are wondering why we can't get this done.
  It also has the support of Homeland Security Secretary Jeh Johnson, 
with whom I spoke yesterday in a public hearing about this very bill. 
He said, ``Let's get it done.'' He wants us to complete this project. 
He testified before us yesterday--what will probably be his last 
testimony as Secretary before the Homeland Security Committee--and he 
said, ``Let's get this done.''
  Despite this unusual and strong bipartisan support on a critical bill 
to help these first responders, we can't seem to get it done.
  After getting out of committee on May 25 with a unanimous vote, we 
then took it to the floor. In fact, over the last couple of weeks, we 
have had it as a hotline, meaning you ask your colleagues whether they 
are OK with it passing. Of course, there has been no concern at all 
about the substance of the bill, so on our side of the aisle, no 
concerns were raised. By the way, it took 1 day to hotline it on our 
side, of course, because there is no controversy about it.
  On the other side of the aisle, we have been asking every day. I have 
been asking my colleagues, including Tom Carper and Cory Booker, who 
want to get this done, if they can help. They said there seems to be a 
hold on it. They say it is an anonymous hold. In other words, somebody 
is objecting to it over there on the other side of the aisle, but they 
won't come forward and

[[Page S6201]]

say they are objecting to it. To me, that is wrong. That is why a 
couple days ago I said I was going to come to the floor and ask 
unanimous consent to find out who could possibly be objecting to this. 
My colleagues asked me if I could give them a couple days to check it, 
so I have. So I didn't do it the day before yesterday when I planned 
to, and I didn't do it yesterday because they wanted more time to check 
on it.
  They continue to tell me that there is a hold, and it is an anonymous 
hold. I hope it is not for political purposes. That would, of course, 
be an incredible disservice to these first responders. If they think 
these task force members should come home from saving lives and have to 
pay for expensive injuries or health problems acquired in their 
service, we should have a conversation about that. If they think they 
shouldn't have a job waiting for them when they get back, we should 
have a conversation about that. But frankly, in my view, I don't think 
that is the issue. I can't imagine anybody objects to this on the 
substance, so let's get this done.
  Mr. President, I ask unanimous consent that we get it done; that the 
Senate proceed to the immediate consideration of Calendar No. 578, S. 
2971; further, that the committee-reported amendment be agreed to, the 
bill, as amended, be considered 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?
  The Democratic leader.
  Mr. REID. Mr. President, my friend from Ohio talks about common 
sense. Common sense dictates to me that the Republicans who run the 
Senate have had months to turn their attention to bills like this. They 
also have had months to do something else. For almost 200 days we have 
been waiting--waiting for the Republicans to have a hearing with 
Merrick Garland.
  The Supreme Court is at a standstill. Nothing is being done. A new 
term, and they basically are afraid to take cases of controversy. Why? 
Because it is four to four. So common sense dictates to me that we 
should address the vacancy on the Supreme Court caused by the death of 
Justice Scalia.
  On March 16, 2016, he was nominated. We are approaching October. To 
date, the Senate has not held a vote or even a hearing. It is nice that 
a few have decided to break from the Republican leader and even met 
with the man. That was nice of them to do that. Why haven't they held a 
hearing? Because they know they can't hold a hearing. Here is one of 
the most reasonable people who could ever be selected for the Supreme 
Court. The former chair of the Judiciary Committee, Orrin Hatch, said 
he should be put on the bench. He would be a consensus nomination. But 
not in this Republican world, no.
  So Democrats would be happy to consider bills like this about which 
the Senator inquires as soon as Republicans have a little common 
sense--they used that word--and schedule a hearing and a vote on the 
nomination of Judge Garland.
  I object.
  The PRESIDING OFFICER. Objection is heard.
  Mr. REID addressed the Chair.
  The PRESIDING OFFICER. The Senator from Ohio has the floor.
  Mr. PORTMAN. Mr. President, this will probably be the last time I 
will have a chance to talk to the minority leader across the floor. I 
have worked with him on a number of things over the years, including 
when I was in the Senate and before the Senate. I guess I am going to 
plead with him this evening and say please don't block this. This has 
nothing to do with Supreme Court nominations. It has nothing to do with 
the other rancor we have seen here on the floor. This is a bill that is 
totally bipartisan. In fact, it is one that Tom Carper, the ranking 
member of the committee, is the coauthor of. It is one they have been 
asking for from FEMA for 10 years, even going back to a previous 
administration. It is one that has been up here on the floor for the 
last couple of weeks with no objections on the substance, not a single 
one.
  I know Senator Reid knows well that he has a task force in Nevada 
too. It is Nevada Task Force 1, located at the Clark County Fire 
Station in Las Vegas. I know he knows it well. They strongly support 
this legislation. Of course they do. All of them do. The International 
Association of Firefighters strongly supports this legislation.
  If I can ask unanimous consent to put Senator Reid's name as the 
author rather than me, I would do that tonight. Am I permitted to do 
that, Mr. President?
  Mr. REID. I object.
  The PRESIDING OFFICER. Objection is heard.
  Mr. PORTMAN. Mr. President, I am willing to have this be a Reid bill. 
It would be a good bill here toward the end of the session for the 
Senator to do, which would help his firefighters. I will withdraw my 
name from the bill.
  I ask unanimous consent to withdraw my name from the bill and insert 
Senator Reid's name instead or anybody else he chooses.
  The PRESIDING OFFICER. Is there objection?
  Mr. REID. Yes.
  The PRESIDING OFFICER. Objection is heard.
  Mr. REID. I have objected.
  The PRESIDING OFFICER. Objection is heard.
  Mr. PORTMAN. Mr. President, I thank him for hearing me out tonight.
  And to my colleagues, I hope this is legislation we can move forward 
on as soon as we get into another session, I guess the lameduck 
session. I hope to go to work with my colleague from Nevada on that. I 
know he has been very supportive of firefighters and does not object to 
the merits of the legislation, so my hope is that we can get this done.
  Mr. REID. Mr. President, I would ask my friend before he leaves that 
the Senator modify his request: that following a vote on confirmation 
of the nomination of Merrick Garland to be a Justice of the United 
States Supreme Court, the Senate proceed to the immediate consideration 
of his matter.
  The PRESIDING OFFICER. Will the Senator modify his request?
  Mr. PORTMAN. No. On behalf of the majority leader, of course I object 
to that. I am amazed that we are blocking legislation to help our urban 
search and rescue teams by bringing partisan politics into this 
discussion, and I object.
  The PRESIDING OFFICER. Objection is heard.
  Mr. REID. Mr. President, I submit that--my friend still has the 
floor, so I don't want to interrupt.
  Mr. PORTMAN. I would be happy to yield to the minority leader.

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