[Congressional Record Volume 162, Number 175 (Tuesday, December 6, 2016)]
[Senate]
[Pages S6719-S6729]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TSUNAMI WARNING, EDUCATION, AND RESEARCH ACT OF 2015
The PRESIDING OFFICER. Under the previous order, the Senate will
resume consideration of the House message to accompany H.R. 34, which
the clerk will report.
The senior assistant legislative clerk read as follows:
House message to accompany H.R. 34, an act to authorize and
strengthen the tsunami detection, forecast, warning,
research, and mitigation program of the National Oceanic and
Atmospheric Administration, and for other purposes.
Pending:
McConnell motion to concur in the amendment of the House to
the amendment of the Senate to the bill.
McConnell motion to concur in the amendment of the House to
the amendment of the Senate to the bill, with McConnell
amendment No. 5117, to change the enactment date.
McConnell amendment No. 5118 (to amendment No. 5117), of a
perfecting nature.
Mr. DURBIN. Mr. President, I ask unanimous consent to speak as in
morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
Departing Senators
Mr. DURBIN. Mr. President, let me say at the outset that I took the
floor last week and said a few words in tribute and friendship to my
colleague, Senator Kirk. I am glad to hear the majority leader's
statement this morning. It was spot-on, and it captured his public
spirit, as well as his personal strength, that has brought him to this
moment in history. I have been honored to serve with him for the last 6
years.
I would say to my colleague Senator Coats from Indiana: We served
together in the House, in the Senate, and I actually visited him when
he was an ambassador representing the United States in Germany. It is
an amazing public career on his part, and I wish him the very best for
whatever the future holds for him.
DACA
Mr. President, I wish to tell a story about an extraordinary young
woman whom some of you may know. Her name is Laura Alvarado. When she
was 8 years old, Laura was brought to the United States from Mexico.
She grew up in Chicago in my home State of Illinois.
In high school, she was an extraordinary student and was involved in
extracurricular and volunteer activities. She was a member of the
National Honor Society. She played soccer, tennis, basketball, and was
a member of student government, the school newspaper, the chess club,
the yearbook club, and many more. She decided to go to Northeastern
Illinois University. She worked two jobs while she was going to school
because she didn't qualify for any Federal assistance to go to college.
In 2006, she graduated with honors from Northeastern. Her major was
justice studies. But then she was stuck
[[Page S6720]]
again. Her ambition in life was to become a lawyer, but she couldn't
pursue her dream. It took her 6 years. In 2012, President Obama
established DACA, an Executive action which said to Laura and thousands
just like her: You are in a special category. You were undocumented in
America, but you were brought here as a child. You didn't make the
decision to come to this country; your family did. So we are going to
give young people like Laura a chance, on a temporary basis, if they
will pay a filing fee of almost $500, submit themselves to a criminal
background check to make certain they are no threat to anyone in this
country, we will give them a 2-year status where they cannot be
deported and they can work in America.
Laura applied. There were people who were cautioning her: Be careful.
If you identify yourself as undocumented to this government, somebody
might use it against you someday. But Laura, who aspired to be a
lawyer, decided to follow the law, register, pay her fee, go through
the background check, and try to get the status of DACA. She received
it. And because of it, she was allowed to apply and be accepted at
Southern Illinois University School of Law at Carbondale.
In law school, she was an outstanding student again. She won the moot
court competition. She was selected for the Order of Barristers, a
legal honor society.
This spring, 10 years after she graduated from college, Laura
received her law degree. Over the summer she passed her bar exam, and
just last month she received her Illinois law license, which she is
holding here proudly.
Laura never gave up on her dream of becoming a lawyer, but it is a
dream that never would have happened were it not for President Obama's
Executive action, the Executive action that didn't give her a free pass
to law school--just the opposite. It said to her: If you are accepted
into law school, the government will not pay you a penny to help with
your education. You have to go out and work for it. She did.
Now we face a question with a new President coming in who says he
wants to abolish the DACA that made Laura eligible to go to law school.
He wants to abolish the status where these young people, brought as
babies, toddlers, into this country are not subject to deportation and
can work for a living. If that is abolished, then Laura, despite all of
her hard work, all of her education, all of her achievements in life,
faces deportation from this country.
Laura said she wants to use her law degree to help people who don't
have a fighting chance without lawyers who are more focused on service
than on money. We are better if Laura is here as a lawyer practicing in
America. We are certainly better in Illinois to have someone with a law
license willing to give back to our State.
Now the choice is up to Congress. Are we going to step in and give
Laura the chance she asked for to prove herself again as she has so
many times in her young life? I am glad to say that Lindsey Graham, the
Senator from South Carolina, and I are joining in an effort to draw up
legislation to achieve that goal and at least to give these DACA-
eligibles a temporary reprieve so that if there is an elimination of
this Executive action, we don't eliminate the protection that keeps
them here in the United States and where they cannot be deported and
they have a chance to work. That is something we need to do--not just
for Laura but for 744,000 other young people as well who grew up in
this country and just deserve a chance to make this a better nation.
Tribute to Barbara Mikulski
Mr. President, I join my colleagues in saluting the public life of
Senator Barbara Mikulski. Before I do that, I want to thank a woman who
is not here. She was a Catholic nun and the debate coach for Senator
Mikulski when she was in high school at the Institute of Notre Dame, an
all-girls Catholic high school in Baltimore, the same school Nancy
Pelosi graduated from.
As a young Barbara Mikulski was preparing to debate a particularly
tough opponent, this nun, her debate coach, told her: ``You can do it,
Barb--get out there and roll those Jesuit boys!''
I went to a Jesuit college and law school, and I am proud and
relieved to report that I never had to face Barbara Mikulski in that
kind of debate. I have rarely found anybody who can stand up to her in
a debate. She can still ``roll those Jesuit boys,'' or anyone else who
tries to stand in the way of helping women, children, seniors, or
advancing fairness.
Barbara Mikulski has been my colleague for 20 years, my friend, the
chairwoman of my Appropriations Committee and the ranking member, and
so many times an inspiration.
As most of my colleagues know, my first job was working in the Senate
as an intern, myself, in the office of Senator Paul Douglas of
Illinois. Like Barbara Mikulski, Paul Douglas was a champion for the
underdog, and he was a pit bull when it came to protecting the American
taxpayers.
Every year, the University of Illinois chooses a leader of uncommon
decency and courage to receive the Paul H. Douglas Award for Ethics in
Government. This year, I was honored to present that award on behalf of
the University of Illinois and in the name of Paul Douglas to Barbara
Mikulski of Maryland. I know Senator Douglas would have been thrilled
that she is carrying on that same public service tradition.
Some day--and I hope and trust I will live to see it--the ultimate
glass ceiling will break, and there will be a woman elected President
of this country. When that historic day comes, we can be sure that
Senator Barbara Mikulski will have had a hand in bringing it about.
Many of my colleagues have spoken about the long list of times she
has already broken glass ceilings herself: Barbara Mikulski, first
woman ever elected statewide in her beloved State of Maryland; Barbara
Mikulski, first Democrat elected to both the U.S. House and the U.S.
Senate; Barbara Mikulski, first woman to ever serve as head of the
powerful Senate Appropriations Committee.
But as Barbara, very self-deprecating, has often said: She has never
been interested in simply being the first. She wants to be ``the first
of many,'' and she has been.
When Maryland voters sent Barbara Mikulski to this Senate in 1986,
there were two women in the entire body: Nancy Landon Kassebaum of
Kansas, a Republican, and Barbara Mikulski of Maryland, a Democrat--two
women in this Chamber out of 100 Senators. Today, there are 20 women
Senators, and after they are sworn in on January 3, there will be 21.
That is great progress, but not nearly enough by Barbara Mikulski's
standards.
Senator Mikulski also had the brainchild of making sure the women in
the Senate became an even more powerful force. Her bipartisan, women
Senators-only dinners were a rare display of bipartisanship in an
institution too often divided. The discoveries of common cause, common
trust, and common purpose resulting from those dinners have made a big
difference on the floor of the Senate.
Barbara Ann Mikulski is the proud granddaughter of Polish immigrants.
Her parents owned a small grocery store in Baltimore. She, her parents,
and her two younger sisters lived across the street in one of the
famous Baltimore row houses. As a young girl, Barbara thought about
becoming a Catholic nun. She changed her mind because, as she put it,
``that vow of obedience kind of slowed me down a bit.'' So she found
other ways to practice the social gospel of justice.
She was a driving force behind the first bill signed by President
Barack Obama, the Lilly Ledbetter Fair Pay Act. I was there that day.
The President signed the bill, and he took the first pen from the first
bill he was signing and handed it to Barbara Mikulski because he knew
that she had been a champion for equality in the workplace for women
throughout her career.
There are two stories that I always think of when I think of Senator
Mikulski.
In October 2002, the Senate voted on whether to authorize the war in
Iraq. Only 23 of the 100 Senators then serving voted against the Iraq
war resolution. Of those 23 Senators, only 8 still remain in the Senate
today: Barbara Boxer, who is leaving at the end of this Congress,
Patrick Leahy, Patty Murray, Jack Reed, Debbie Stabenow, Ron Wyden,
Barbara Mikulski, and
[[Page S6721]]
myself. This is a woman who has always been willing to risk her career
to follow her conscience.
One of her great heroes is Dorothy Day, founder of the Catholic
Worker Movement. The reason, Barbara Mikulski says, is that Dorothy Day
was always ``trying to find the hopes of people,'' rather than preying
on people's fear and anger.
I saw Barbara Mikulski's instinctive appeal to hope on that infamous
sad day--September 11, 2001. As dust was settling on that heart-
wrenching, heartbreaking day, most of the Members of the Senate
gathered on the steps of the Capitol. The hope was that there would be
a demonstration by Members of both parties to the Nation and to the
world of solidarity. Suddenly--unplanned, unscripted--Barbara Mikulski
started singing ``God Bless America.'' Everyone joined in. In one of
America's darkest hours, Barbara Mikulski brought us together. That is
what a real leader does.
I and so many in the Chamber and so many untold millions of Americans
are going to miss her presence in the Senate. We take consolation in
knowing that, while she is leaving the Senate, she is not leaving the
fight. She will never leave the fight.
Those of us who are returning in the next Congress have learned from
Senator Mikulski, and we will continue to fight the good fight to
invest in lifesaving, job-creating medical breakthroughs at the
National Institutes of Health--or, as Barbara Mikulski calls it, the
``National Institutes of Hope.'' We will continue the good fight she
has fought with such pithiness and passion to make our Nation safer and
make our economy fairer for all Americans. I know that she will
continue that fight as well.
Barbara Mikulski may be leaving the Senate, but no one ever has, and
I doubt anyone ever will, think of Baltimore's Barbara Mikulski as
``retiring.''
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mrs. FISCHER. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Honoring Nebraska's Soldiers Who Lost Their Lives in Combat
Mrs. FISCHER. Mr. President, I rise today to continue my tribute to
this generation of Nebraska heroes. They are the men and women who have
given their lives defending our freedom in Iraq and Afghanistan. Each
one has a different story, and each Gold Star Family has the same
request: that we remember the sacrifice of their loved one. By telling
these stories of their service here on the Senate floor, we can honor
that family's request.
Sergeant Germaine Debro
Mr. President, today I honor the life and service of Germaine Debro,
a man who seemed destined for military service. Germaine's father,
Alvin Debro, was a career Air Force technical sergeant. At a young age,
Germaine even picked up a nickname: ``G.I. Joe Maine.'' Even then,
family and friends saw qualities that would make Germaine a great
soldier. Because of his military service, Alvin and his wife Priscilla
and their three boys moved often.
Germaine attended Benson High School in Omaha, NE, for a year before
his family moved to Arkansas. There, Germaine graduated high school in
1991. Later, he and his family returned to Nebraska. For a time,
Germaine worked as a manager at the local Burger King.
In 1994, G.I. Joe Maine followed his calling and he enlisted in the
Army. In 1997, he joined the Nebraska National Guard. During those
years, Germaine became known for his genuine personality and for
developing a great camaraderie with his fellow soldiers. According to
SPC Shawn O'Neil, Germaine was the ``nicest guy you could ever meet.''
He would walk into a room and it would light up. To his battle buddies,
SPC Germaine Debro was affectionately known as DB. His dedication to
his fellow soldiers was obvious. Being single, Germaine volunteered for
assignments so that married soldiers might remain at home with their
families.
Germaine deployed to Kuwait in 2001 and to Bosnia in 2002. In 2005,
he learned that his unit, the 1st of the 167th Cavalry of the Nebraska
Army National Guard, would deploy to Iraq. Germaine would be assigned
to Troop B. Germaine's family was anxious about him deploying again,
but Germaine would not let his Army brothers go without him. In the
end, his family supported his decision.
In explaining how his fellow soldiers felt about Germaine, SGT Josh
Graft put it simply: ``He was like a Dad to all of us.''
After a year of training, the 1st of the 167th Cavalry arrived in
Iraq in early 2006. That is when the Sunni-Shia civil war erupted. In
February, the al-Askari mosque was bombed and Iraq was plunged ever
deeper into sectarian violence. American forces had come to enforce
peace; they found themselves engaged in intense wartime operations.
Germaine's unit was right in the thick of it. Enemy attacks were
frequent. Tensions were high.
On September 4, 2006, a 20-truck convoy headed out from a site 30
miles north of Baghdad. In the United States, Americans were
celebrating Labor Day with barbecues, sporting events, and family
gatherings. In Iraq, Germaine was driving a humvee, providing advanced
security for the convoy. Thirty miles outside of Baghdad, Germaine's
humvee struck an improvised explosive device. The vehicle was spun
several times before erupting into flames. SGT Josiah Warren, riding in
the right seat, tried unsuccessfully to pull Germaine free. Germaine
Debro died on September 4, 2006.
At Iraq's Camp Anaconda, members of the Nebraska Army National Guard
assembled to honor the man who had cared so deeply for them.
On September 18, 2006, the Morning Star Baptist Church near downtown
Omaha was filled with people paying a final tribute to Germaine Debro.
Outside, 110 patriot riders stood guard.
Germaine's brother, Maurice, read from a letter Germaine had written
to him. In it, his brother offered some advice: ``If you don't take a
risk, then you'll never know what happened.''
``That was my brother,'' said Maurice. ``He was a loving, caring
person.''
Germaine Debro was promoted posthumously to the rank of sergeant. His
military decorations included a Bronze Star and a Purple Heart. SGT
Germaine Debro is survived by his father Alvin, his mother Priscilla,
and his brothers, Alvin, Jr., and Maurice. He is a true Nebraska hero.
I am honored to tell his story.
I yield the floor.
The PRESIDING OFFICER (Mr. Flake). The Senator from Rhode Island.
Mr. WHITEHOUSE. Mr. President, I ask unanimous consent to speak for
up to 20 minutes as in morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
Climate Change
Mr. WHITEHOUSE. Mr. President, I rise today for my 151st ``Time to
Wake Up'' speech on climate change. I have covered many topics during
these speeches--from pulling back the veil on the fossil fuel
industry's web of denial to sharing my visits to States from New
Hampshire to Florida to Utah to see the effects of climate change there
firsthand. But one recurring theme of my speeches and in the scientific
literature has been the warning that the effects of climate change will
hit home first and hardest along our coasts.
The oceans have soaked up more than 90 percent of the excess heat
that has been trapped in the atmosphere by greenhouse gasses. That is a
lot of heat. The Associated Press has compared the ocean heat we have
added since 1997 to a, ``Hiroshima-style bomb being exploded every
second in the ocean for 75 straight years.''
That excess energy is warming our oceans at alarming rates, and by
the principle of thermal expansion, we know that when water warms it
expands. That, coupled with the melting ice sheets, is driving up sea
levels worldwide. For my Ocean State that is a big deal. Warming and
rising seas carry real consequences for coastal economies.
New England is being hit particularly hard on this front. The Gulf of
Maine is warming faster than almost any other part of the ocean in the
world. Narragansett Bay, in my home state of
[[Page S6722]]
Rhode Island, has already seen a nearly 4-degree Fahrenheit increase in
winter water temperatures since the 1960s. Since measurements started
in 1930, sea level is up nearly 10 inches at the tide gauge at Naval
Station Newport.
Now, 10 inches may not sound like an enormous amount, but if you do a
little mathematics and take that 10 inches and you multiply it by the
147 square miles that Narragansett Bay occupies, that adds nearly 100
million cubic meters of water offshore--throw weight for when the next
storm comes.
Now, we don't model storm surge very well yet. But there is a lot of
potential harm for Rhode Island. If you look not just at Narragansett
Bay but at Rhode Island State waters, it is more than 500 million cubic
meters, which is more than 500 million metric tons of potential storm
surge.
Earlier this year, researchers published in Nature an updated
estimate of global sea level rise. With new estimates of how melting
Antarctic sea ice will contribute to sea level rise, the scientists
were able to paint a more accurate picture of what lies ahead. It is
not good news.
The Intergovernmental Panel on Climate Change had previously
estimated sea level rise to reach between 1.7 and 3.2 feet by 2100. The
new study doubles that estimate, putting global sea level rise over 6
feet by the end of this century.
To complicate matters more, as Antarctica loses ice and consequently
mass, it will actually also affect the gravitational pull of the
Antarctic on the oceans. With Antarctica's gravitational pull reduced,
other continents will proportionately carry more gravitational clout,
drawing even more ocean water away from the South Pole to their coasts.
Ben Strauss, the director of Climate Central's sea level rise
program, recently told the Washington Post:
[T]he 22nd century would be the century of hell. There
would really be an unthinkable level of sea rise. It would
erase many major cities and some nations from the map.
A study published in the ``Proceedings of the National Academy of
Sciences'' last month looked at the effects of rising seas on more than
100 coastal cities around the world. The study predicts that we will
hit 2 degrees Celsius of average global warming, which scientists say
brings catastrophic and irreversible climate effects, sometime between
2040 and 2050.
When that happens, over 90 percent of the world's coastal areas will
experience almost 8 inches of further sea level rise. On the Atlantic
coast of the United States, it is estimated to be more than 15 inches.
If we continue emissions unabated and hit 5 degrees Celsius warming by
2100, New York City could see over 3\1/2\ feet of seawater swamping its
streets.
The year 2040 is not that far away. If you buy a house on the coast
today, 2040 would fall well within your typical 30-year mortgage. As
you might imagine, the real estate business is starting to take notice.
Zillow, the online real estate marketplace, has looked at how 6 feet of
sea level rise by 2100 would affect over 100 million U.S. homes in its
database. Around 1 in 50 homes in the United States, or just under 2
million properties, would find their ground floors underwater by 2100.
Thirty-six U.S. cities would be considered completely lost, and
another 300 cities would lose at least half of their homes. Florida
fared the worst in the study, losing more than 12 percent of the
State's housing to sea level rise. Hawaii is not far behind, with over
9 percent of its homes expected to go underwater. Though New Jersey's
overall housing situation fares somewhat better, with a loss expected
at just over 7 percent, the value of those homes well exceeds any other
State. New Jersey alone accounts for over 10 percent of the
$882,000,000,000 worth of potentially underwater properties.
Miami Beach would be the hardest hit city, losing over 37,000 homes,
worth over $33 billion. Those numbers just count residential
properties, not expected losses to commercial or public properties. The
insurance industry uses the term ``100-year flood'' to describe a flood
that has a 1-percent chance of occurring in a given year. According to
a 2013 study commissioned by the Federal Emergency Management Agency,
the area in the United States susceptible to 100-year floods will grow
by 45 percent by the end of the century. Our Government Accountability
Office says Federal flood insurance premiums are not keeping pace with
that growing risk.
From 2002 through 2013 already, taxpayers bailed out insured
properties to the tune of $18 to $25 billion. Government-backed
mortgage giant Freddie Mac is preparing itself for broad losses from
climate-driven flooding. ``The economic losses and social disruption
may happen gradually,'' says its Web site, ``but they are likely to be
greater in total than those experienced in the housing crisis and the
Great Recession.''
Let me say that again: ``They are likely to be greater in total than
those experienced in the housing crisis and Great Recession.'' Some of
the effects of climate change, it says, may not even by insurable.
Unlike the 2008 housing crash, owners of homes that are subsumed by
rising seas would have little expectation of their home's value ever
recovering. Therefore, they would have little incentive to make their
mortgage payments, which would add to steep losses for lenders and
insurers.
We don't, of course, have to wait until 2100 to see the effects of
sea level rise on coastal cities like Miami, Charleston, Norfolk, or
Newport, RI. So-called sunny day flooding is increasing in coastal
communities. As sea levels rise, regular high tides can be all that is
needed to flood streets, sidewalks and basements. NOAA estimates that
non-storm-related nuisance flooding, just from tides and sea level
rise, has increased somewhere between 300 to 925 percent along the
United States' three coastlines since the 1960s.
This past October's King Tides--the year's highest tides--brought
around 2 feet of water to Boston's waterfront. Last month's Super Moon
pulled water into the streets of Charleston and the parking lots of New
Hampshire. This wayward octopus--I don't know if you can see it
clearly, but there is a fairly good-sized octopus here--ended up
swimming through a Miami parking garage.
These extreme high tides give a preview of what may be the new normal
in this century. Higher seas plus stronger storms forebode real
catastrophe for coastal communities. The Great New England Hurricane of
1938 is the worst in Rhode Island's history. A storm surge of 12 to 15
feet hit Narragansett Bay, engulfing downtown Providence. You can see
old photographs of the streetcars with just their roofs showing over
the water.
If that storm hit again today, it would have a big head start, riding
to shore on 10 more inches of sea with that potentially 500 million
metric tons of water available for storm surge. Again, we don't know
how much of it becomes storm surge, but it certainly raises the
potential.
This picture is from historic Newport after Superstorm Sandy gave us
a glancing blow in Rhode Island in 2012. It brought a storm surge of
over 9 feet to Providence, and over 4 feet to the south coast of the
State. This is downtown Newport and Seamen's Church Institute right
here, and somebody is kayaking through downtown.
According to the most recent report from the National Ocean Economics
Program, more than 134 million people lived in U.S. coastal zone
counties in 2014. Those counties accounted for nearly half of the total
U.S. GDP and more than 40 percent of total U.S. employment. In my State
of Rhode Island, the coastal economy accounts for $55 billion of the
State's GDP and employed over 400,000 people in 2014.
This productivity is at risk if those communities and their
businesses cannot protect themselves from the consequences of our
changing environment. A lot of places are taking this threat seriously.
Although partisans in the State government make the phrase ``climate
change'' a taboo in Florida, local policymakers, particularly in South
Florida, are making climate change adaptation a priority, forming a
regional bipartisan compact on climate resiliency, hiring resiliency
and sustainability staff, building seawalls, installing pumps, updating
building codes, and in Miami Beach's case--just in that one city--
making $400 million in storm water management upgrades.
In New Hampshire, the Coastal Risks and Hazards Commission has
advised cities to prepare infrastructure and buildings for rising seas.
Louisiana rewrote its Coastal Master Plan to accept the dark
predictions of land loss
[[Page S6723]]
and sea level rise facing that lowland State and to include around 200
projects designed to protect Southern Louisiana's marshes and limit the
effects of storm surge.
In Alaska, Native villages are seeking financial support to relocate
their traditional coastal homesteads to higher ground. In Rhode Island,
under the leadership of Grover Fugate at our Coastal Resources
Management Council and in cooperation with the leading experts at the
University of Rhode Island, Rhode Island Sea Grant, and Rhode Island
Geological Survey, we are well aware of what climate change, sea level
rise, and storm surge mean for our coastal communities.
STORMTOOLS, a free public online tool developed through this
collaboration, is providing our city planners and concerned citizens
with a visualization of the effects of various levels of sea level rise
and storm surge on their properties. The Coastal Risk Environmental
Index, which is shown here, will add even more specificity to the
models working in STORMTOOLS. Users can actually navigate Google Earth
to see what flood damage from sea level rise and storm surge will look
like on a building-by-building basis. The city of Warwick, RI, featured
here, is already using its maps in its future planning and emergency
planning.
The rising tide calls for increased investment in coastal resiliency
around the country. Senators Merkley, Menendez, and I asked the
Government Accountability Office to review the National Oceanic and
Atmospheric Administration's support for coastal States' resilience
efforts. Among its findings, the GAO report said that the Regional
Coastal Resilience Grants Program ``received 132 qualified applications
requesting a total of $105 million during its first application period
in fiscal year 2015.'' Well, guess how much money was available to meet
that $105 million approved or qualified need. Only $4.5 million. NOAA
was able to support less than 5 percent of the coastal States' demand.
Climate change doesn't care whether you believe the science or the
propaganda and nonsense pumped out by the fossil fuel lobby--shoreside
homes' basements will flood either way. It is not a matter of belief,
it is a matter of physics.
For all the denial and diversion, you will notice that the fossil
fuel industry's web of denial groups don't talk much about the effects
we are seeing in our oceans and along our coasts. Their business is
denial and, through calculated misinformation, creating phony doubt.
That is their mission. If that is your mission, it is hard to deny
water levels that are measured essentially on a glorified yardstick at
tide gauges. It is hard to deny measurements from a Ph test that high
schoolers do in their science classes. It is hard to deny readings from
thermometers.
Here in the Senate, our choice is clear: We can take action or
continue to sleepwalk through history. But we should remember Pope
Francis's warning. Pope Francis said: ``God always forgives, we men
forgive sometimes, but nature never forgives. If you give her a slap,
she will give you one.'' And we have a big slap coming.
If we do nothing, what will we tell the millions of Americans who
live by the sea and rely on it for their livelihoods? What should we
tell them when they can't get insured for the next hurricane or when
their mortgages are underwater in a literal sense? If we refuse to help
our own citizens, who then will help the millions of others in
developing countries around the world suffering the same fate and
looking to our country for leadership? We have a moral obligation to
pluck our heads from the sand and get to work. The oceans warn; it is
time we woke up and listened.
I yield the floor.
The PRESIDING OFFICER. The majority whip.
Justice For All Reauthorization Bill
Mr. CORNYN. Mr. President, it is my honor to come to the floor with
the senior Senator from Vermont, my friend Mr. Leahy, to talk about
bipartisan legislation that will soon help victims of crime restore
their lives. The Justice for All Reauthorization Act passed the House
last week, and the Senate followed suit with unanimous support. Now it
is on its way to the President's desk so it can become the law of the
land.
When I served as the attorney general of Texas a few years ago, I
felt that one of my most important jobs was to protect crime victims. I
know that all Members of the Senate feel the same way. The Justice for
All Reauthorization Act is first and foremost a bill that will help
victims. It includes a number of provisions to help them get the
justice they deserve. It will improve victims' rights by increasing
access to restitution, reauthorize programs that support them in court,
and increase resources for forensic labs to reduce the rape kit
backlog.
I have spoken about the rape kit backlog before, and it is a big
problem. At one point, it was estimated that there were as many as
400,000 untested rape kits in America, and this was due primarily to a
lack of resources and lack of focus in making this a priority. This is
evidence which has proven to be enormously powerful to help convict the
guilty and exonerate the innocent.
This legislation will also give law enforcement more resources to
keep violent offenders off the street and fairly prosecute crimes.
I know sometimes people must think Senator Leahy and I are the odd
couple of the Senate. We worked together not only on this legislation
but also on reforms of the Freedom of Information Act. We share a
passion for that topic as well. I am enormously grateful to him for his
partnership on this important legislation. I also wish to thank Senator
Grassley for his leadership in helping to shepherd this bipartisan bill
through the Judiciary Committee.
I am looking forward to the Justice for All Reauthorization Act
becoming law soon so we can help more victims restore their lives.
I yield to the senior Senator from Vermont.
The PRESIDING OFFICER. The Senator from Vermont.
Mr. LEAHY. Mr. President, I thank the distinguished senior Senator
from Texas. Senator Cornyn and I have had the privilege of being
prosecutors, he as an attorney general and I served as the State's
attorney. I think you get a special view of what is needed. I have
enjoyed working with the Senator because we do not have to paint a
great picture for each other; we both understand the mistakes that can
be made and why we do not want them.
For more than 6 years, I have championed the reauthorization of the
Justice for All Act. I want to ensure that our criminal justice system
lives up to our national pledge of liberty and justice for all. Having
served as a prosecutor--and most former prosecutors--I am committed to
ensuring that our criminal justice system has the integrity and
confidence of the public it serves. I should not just say former
prosecutors; current prosecutors feel that way.
From my time on the frontlines as a State's attorney in Chittenden
County, VT, to the more than 15 years I have served as either chairman
or ranking member of the Senate Judiciary Committee, it has become
clear to me that our system is deeply flawed. There is not always
justice for all. I have met many innocent people wrongly convicted of
crimes they did not commit.
I shared the story of Kirk Bloodsworth. He was falsely convicted. He
was sentenced to death for the rape and murder of a 9-year-old girl--a
horrible crime, but he maintained his innocence. In 1993, he became the
first death row inmate to be exonerated by DNA, and they were finally
able to charge the man who did commit the horrible crime. The irony
there is that some have said: Boy, don't they look alike? That is what
happened.
We know our system gets it wrong. We have a responsibility to improve
our criminal justice system. That is why I joined with Kirk Bloodsworth
years ago to introduce and enact the Post-Conviction DNA Testing Grant
Program. It was originally part of the Innocence Protection Act, which
was enacted in 2004. It gives defendants like Kirk a chance to prove
their innocence.
To ensure our justice system gets it right from the beginning, the
bill provides a means to improve the quality of indigent defense.
Ensuring good representation for those accused of crimes means fewer
innocent people will be behind bars. It is an outrage if an innocent
person is wrongly punished, but then that injustice is exacerbated
because it means the person who committed the crime is still out there,
and
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oftentimes, as my friend from Texas knows, they will commit the crime
again. The American people deserve a system that gets it right the
first time.
Many Senators in this Chamber know the story of my friend Debbie
Smith, also a friend of the senior Senator from Texas. She has become a
champion for victims of sexual assault. She waited 6 years after being
attacked before her rape kit was tested and a culprit was caught. Think
about that. During those 6 years, she had to live in terror that the
person who did this heinous crime might come back and do it again. No
one should have to live in fear while an attacker remains free to
victimize someone else or them.
This legislation not only provides important resources to improve the
quality and efficiency of forensic testing, but it also expands it to
underserved populations, such as those in rural areas, which is much of
my State. Actually, every one of us has rural areas in our States.
I have worked with Senators on both sides of the aisle to craft
solutions to some of the most significant issues of our time. That is
why I am proud to partner with Senator Cornyn on this important
legislation.
I hope we will continue to work together in the next Congress. We
have to continue to protect all victims. We have to create fairness in
our criminal justice system. We have to make sure we get it right the
first time.
I call on those who have worked with me on this important legislation
to continue to support our efforts. We can correct costly mistakes in
our criminal justice system; we will be a better country for it. We
will have a lot more respect for our criminal justice system, and we
will do what the best of our prosecutors and police want to do--get it
right.
I yield the floor.
The PRESIDING OFFICER. The majority whip.
Mr. CORNYN. Mr. President, I again wish to express my gratitude to
the senior Senator from Vermont, Senator Leahy, for his critical role
in making sure this legislation becomes law, and I look forward to
continuing to work with him on similar topics in the future.
Legislation Before the Senate
Mr. President, we are about a week into the lameduck session, and we
have already tackled some pretty significant legislation.
Last week, I was proud to see two bills that I introduced pass the
Chamber. The first was the Cross-Border Trade Enhancement Act, a bill
that will help staffing, safety, and efficiency at our ports of entry,
and it passed the Senate unanimously.
In Texas, as the Presiding Officer knows in Arizona, this is not a
new concern. Some of our border communities have seen the
infrastructure and the staffing prove to be inadequate at our
legitimate ports of entry, with a negative impact not only on the
environment, as cars stack up to cross the border, but it also provides
an unnecessary drag on legitimate trade and commerce.
Through the use of innovative public-private partnerships, we have
seen that we can increase staffing, improve the infrastructure, and
basically end up filling the gap left by the Federal Government not
doing its job by dealing--as it, of necessity, must--with our
international borders and making sure they work as they should. This is
a good step in the right direction, and I am hopeful we can get the
legislation to the President's desk in the coming days so that more
ports of entry throughout the country can take advantage of its
benefits.
Senator Leahy and I just spoke about the Justice for All
Reauthorization Act, and then last night this Chamber voted to move the
21st Century Cures bill forward with--incredibly--85 Senators voting in
favor of it. It passed the House overwhelmingly last week, and I look
forward to getting it through the Chamber and to the President's desk
as soon as possible. This legislation will play an important role in
supporting our scientists and researchers working to find cures for
diseases like cancer, and that includes resources that will support the
Cancer Moonshot Program, which will help those studying and researching
to actually find a way to end cancer. That means cancer centers like
the MD Anderson hospital will have more support to carry out their
mission to make cancer history.
The Cures legislation will support research for Alzheimer's and help
fight the opioid addiction that is running rampant through many parts
of our country. In other words, this legislation is critically
important to the health of our country now and for generations to come.
Significantly, the 21st Century Cures bill includes reforms to our
mental health delivery system, in part, based on legislation I
introduced in the Senate called the Mental Health and Safe Communities
Act. As a result of the deinstitutionalization and treatment of people
with mental illness in the 1990s, the safety net that was supposed to
be there to catch people so they didn't fall through the cracks never
came into being. So many people suffering from mental illness simply
live on our streets as homeless individuals or they are frequently
fliers, so to speak, in our criminal justice system and in many
instances never had their mental illness diagnosed, much less treated,
so they can actually have a chance at a better life. The mental health
provisions included in the Cures bill is one way to correct that
course. It would also help families with a mentally ill loved one find
a path to treatment and a way forward, including assisted outpatient
treatment programs.
One of the biggest challenges families have when they have a mentally
ill family member--particularly when they are an adult--is getting them
to comply with their doctor's orders and take their medication. Due to
the miracle of modern pharmacology, many people with mental illnesses,
if they are compliant with their medication, can lead very productive
lives. Often there are additional tools that need to be available to
family members when they find their loved one is getting sicker and
sicker and not being compliant with their medication, potentially
becoming a danger to themselves or to the community at large.
This legislation will equip State and local governments with better
tools to assess individual health care needs so those suffering from
mental illness in the criminal justice system can begin to recover and
get the help they need, instead of getting sicker.
This bill also encourages the creation of crisis intervention teams
so our law enforcement officers and first responders can know how to
deescalate a dangerous confrontation. If a police officer comes to the
scene of a call only to confront a mentally ill person, if they are
untrained and don't know how to deescalate the situation, they may find
themselves in danger, both the first responder as well as the
individual person with mental illness. This is about finding ways to
help the mentally ill individual get help while keeping the community
safe at the same time.
Mr. President, the last bit of business we have is to fund the
government. I said many times the best way to do that is to take the
appropriations bills up one at a time so we can properly vet them,
discuss them, and pass them. Our friends across the aisle had a
different view this year and blocked the passage of individual
appropriations bills. While it is not my preference, it is where we
are. Right now, we are looking forward to passing a continuing
resolution soon as we fulfill our important responsibilities to the
American people.
I am glad to see we are making some progress on other pieces of
legislation, including the Water Resources Development Act, a bill that
will help us strengthen our waterways to account for growing trade and
provide help for drought and flood protection.
Finally, we are working to finish the national defense authorization
bill that will make sure Congress provides the resources for our
military men and women so they can accomplish their missions and keep
America safe.
We have quite a bit of work left to do and not much time left to do
it in before the holidays, but with a little cooperation, I am sure we
will get it all done.
With that, I yield the floor.
The PRESIDING OFFICER. The Senator from New Hampshire.
Mrs. SHAHEEN. Mr. President, I am here, along with a number of my
colleagues, to applaud the 21st Century Cures Act as a major milestone
and a long-overdue initial investment in combating the opioid epidemic.
In particular, I applaud the inclusion of $1
[[Page S6725]]
billion in funding over 2 years that will address this crisis. For
treatment providers on the frontlines of the epidemic, I am pleased to
say help is on its way with this bill when it is passed by the Senate--
and I believe it will be.
Make no mistake, these resources are badly needed. This remains an
uncontrolled epidemic and unfortunately is still gaining strength. A
staggering 47,000 Americans died of drug overdoses in 2014--more
Americans than died in car accidents. Sadly, in New Hampshire, we are a
bull's-eye for the highest percentage of drug overdoses per populace of
any State in the country so I am pleased this bill includes language to
prioritize the allocation of these new resources to the most heavily
affected States, and I intend to work with the current and incoming
administration to get this funding out to States as quickly as
possible.
More than a year ago, I introduced legislation to help stem the tide
of the opioid crisis by providing emergency funding to States, first
responders, and treatment providers. I joined with other Senators in
working to include funding in the Cures Act to provide at least an
initial infusion of funding to fight the opioid epidemic. I am relieved
these efforts have led to the bipartisan agreement we will soon vote
on.
Last month, the U.S. Surgeon General, Dr. Vivek Murthy, issued a
landmark report and an urgent call to action. He said 21 million
Americans have a substance use disorder--far more Americans than have
cancer--yet only 1 in 10 is receiving any kind of treatment.
My State of New Hampshire, and New England overall, has been
especially hard hit, but make no mistake, this is a nationwide
epidemic, and it doesn't discriminate. It is impacting young and old,
urban and rural, rich and poor, White and minority, Democrats,
Republicans, and Independents.
This fall I met with Susan Messinger of Holderness, NH. Her son Carl
experimented with heroin at a party and quickly became addicted. He got
treatment, was in recovery, and was doing great, but he came down with
a respiratory infection and was prescribed medicine that unknown to
him, included an opioid--just simple cherry cough medicine. Carl
relapsed, and he died of a fentanyl overdose days before his 25th
birthday.
This chart entitled ``Drug Overdose Deaths Across America'' shows
very vividly the extent of the problem. It was compiled by the National
Center for Health Statistics at the Centers for Disease Control and
Prevention. It shows the inexorable spread of the opioid crisis and the
disease it causes from 2003, here where we don't see as much bright
red, to 2008, where it is growing, to 2014, where it is almost the
entire country. We can see that in the Presiding Officer's section of
the country, in the Southwest, it is particularly challenging, as well
as in the Appalachian region of the East. According to the CDC,
mortality trends in the opioid epidemic are now similar to the trends
in the HIV epidemic at its peak in the late 1980s and 1990s.
The second chart shows drug overdose deaths across New Hampshire. It
shows a parallel spread of the opioid epidemic in New Hampshire, with
especially devastating effects in the northern part of the State--what
we call the north country. In 2003, we see no orange and no red. In
2007, we are beginning to see patches of orange. In 2011, they have
turned red, and by 2014, it is particularly affecting the entire State,
and here--the northern part of New Hampshire--is where it is hardest
hit.
In his landmark report last month, the U.S. Surgeon General said:
``It is time to change how we view addiction--not as a moral failing
but as a chronic illness that must be treated with skill, urgency and
compassion.'' Yet what we are seeing in New Hampshire and across the
country is that treatment centers are completely overwhelmed.
Certainly, the new funding in the Cures Act will be welcome news to
Friendship House in Bethlehem, NH, which is a treatment center I
visited on Friday. It is up here in the northern part of the State in
New Hampshire's north country, which has one of the highest overdose
rates per capita in New Hampshire. Friendship House is the only
treatment center within a radius of 65 miles.
Back in April, Kaiser Health News reported on the case of Eddie
Sawyer. Eddie overdosed and died while he was waiting for his turn to
be admitted to Friendship House. When police found Mr. Sawyer, on the
table next to his bed was a list of treatment facilities. There were
checkmarks next to the name of each facility. Mr. Sawyer had called
every place on the list, and he had not found one that could take him
for treatment.
The Surgeon General's new report states that nearly 9 out of 10
people with substance use disorders do not receive treatment. They are
being turned away. They are being denied treatment due to a chronic
lack of resources. Hopefully, this legislation is going to help that
because over the last year, I visited treatment centers in every part
of the Granite State. These centers are staffed by skilled, dedicated
treatment professionals. They are saving lives every day, but they tell
me that for every life they save, others are being lost for lack of
treatment capacity, facilities, and funding. When people with substance
use disorders are turned away, this means they remain on the streets,
desperate, often committing crimes to support their addiction and at
constant risk of a lethal overdose.
Last year, a promising young woman named Molly Alice Parks died of a
heroin overdose in Manchester, NH--New Hampshire's largest city. Her
father wrote her obituary which appeared in the Union Leader newspaper.
He wrote openly about Molly's addiction, and the obituary included this
plea to readers: ``If you have any loved ones who are fighting
addiction, Molly's family asks that you do everything possible to be
supportive, and guide them to rehabilitation before it is too late.''
I admire the courage of Molly's father, his willingness to warn other
families, and talk openly about his daughter's addiction, but what if a
family persuades a son or daughter to seek treatment and no treatment
is available? Sadly, that is the case in so many communities across
America where treatment centers are overwhelmed.
That is why the additional resources in the Cures Act are so
important. This new funding will make a real difference for treatment
providers in each of our States. Make no mistake, this legislation will
save lives. The funding in the Cures Act is a welcome initial
investment in combating the opioid epidemic. President-Elect Trump,
during dozens of visits to New Hampshire over the last year, pledged
aggressive action to fight the opioid epidemic. When the new Congress
convenes in January, we must come together with our new President, on a
bipartisan basis, to address the opioid crisis in a comprehensive
fashion, including continuing resources for policing, prevention,
treatment, and recovery. As Surgeon General Murphy says, ``How we
respond to this crisis is a test for America.'' With so many lives at
stake, it is a test we must not fail.
With the 21st Century Cures Act, Congress is providing urgent new
funding for treatment on the frontlines--professionals who have been
doing truly heroic, lifesaving work. Our message in passing this
legislation is: Help is on the way. I urge my colleagues to give strong
bipartisan support to this important bill.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative 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.
Coal Miner Health Care Benefits and Pensions
Mr. MANCHIN. Mr. President, I rise to explain what is happening for
all of my colleagues and my friends on both sides of the aisle.
I have been here for 6 years as a Senator. I have always fought to
make the body work, and for the people of West Virginia and for our
country. I have never believed partisan gridlock is a way to accomplish
our policy goals, so I haven't come to this decision easily. I have
never used the procedure that I am using today, and I will use, to
basically stop all UCs, a lot of good pieces of legislation, a lot of
good friends who have worked diligently on this. I want to be able to
work with them.
[[Page S6726]]
My reason for doing this is that over 2 years ago we promised the
retired coal miners of America--we promised them--mostly their
families, and there are a lot of widows now; we promised them they
would have their health care benefits that were guaranteed to them and
their pensions. We have been working toward that.
We knew this day would come. As of December 31, the end of this
month--less than 4 weeks away--there are going to be 16,500 retired
families, retired miners who are losing their health care benefits.
There will be another 4,000 the first of next year.
So I am using this procedure, which I do reluctantly and I never
thought I would have to, because we are fighting for those people whom
we promised, fighting for those we believe in, to thank them for the
power they have provided to this Nation. Now we are turning our backs
on them.
We have pay-fors for this. We have a way to move forward. These are
the health care benefits for our retired miners. It is something they
have worked for, they have earned, they deserve, and we are the country
we are because of the hard work they have done.
So I wanted my colleagues to know why this procedure is going to be a
little bit more laborious than they would have liked, why we might not
be leaving here when they would have liked to go home. If we don't
stand for the people who have made our country as great as it is, we
stand for nothing.
So with that, I hope my colleagues understand where I am coming from
and why I hope they will be with me on this for the sake of all of
these families and all of these widows and all of these miners who have
given to much so our country.
Thank you.
I yield the floor.
The PRESIDING OFFICER. The Senator from Washington.
Mrs. MURRAY. Mr. President, I wish to start by expressing my
appreciation to all of my colleagues who have worked so hard on the
priorities in the 21st Century Cures bill, including investing in
tackling our hardest to treat diseases, confronting the opioid
epidemic, strengthening mental health care, and advancing medical
innovation.
The legislation that we will be voting on either really late tonight
or tomorrow morning takes important steps to improve the care that
patients receive.
I am very grateful to every Senator and Member of Congress who worked
across the aisle to make this legislation the best it could be for
those whom we serve. In particular, I want to express my heartfelt
thanks to Vice President Joe Biden. Not everyone has the strength to
respond to profound personal tragedy by doing even more to protect and
help others, but that is exactly what he has done. I know we are all
grateful for and inspired by his leadership, and I am confident it has
given a lot of families hope, knowing that Joe Biden is fighting for
them and their loved ones.
Of course, I want to acknowledge and thank the chairman of the HELP
Committee, Senator Alexander, for his work and leadership on this bill,
as well as the Energy and Commerce Chairman Fred Upton, Ranking Member
Frank Pallone, and Congresswoman Diana DeGette.
I am proud of our country's history of lifesaving public health
initiatives and world-changing medical innovation. From eradicating
smallpox to mapping the human genome, we have risen to challenges and
found ways to combat seemingly unbeatable diseases and public health
threats. There is no question we are a strong country for that.
The bill we are talking about today, while far from perfect, gives us
the chance to build on that tradition of leadership and respond to some
urgent health challenges we face right now. One of those is the opioid
epidemic. Like many of my colleagues, I have heard from far too many
families and local leaders in my home State about the ways that opioid
use disorders are ruining lives and tearing families apart. My
constituent Penny LeGate, whose daughter Marah died of an overdose at
the age of 19, said that this crisis can happen anywhere and it is
everywhere. That is the same thing I have heard from worried parents
and sheriffs and community leaders across Washington State.
I was glad that earlier this year, the Senate passed the
Comprehensive Addiction and Recovery Act to strengthen and improve
programs that address opioid addiction. But, as Democrats made clear,
improving policy wasn't enough. Tackling this crisis head-on requires
putting new investments into these efforts as quickly as possible, and
that is what this bill will do. It dedicates $1 billion over 2 years,
above and beyond the budget caps, to help States and communities fight
back. And critically, we were able to secure changes that ensure this
money will go to States based on where it is needed the most.
Many of my colleagues were closely involved with this effort, but in
particular I wish to recognize Senators Whitehouse, Shaheen, Baldwin,
Markey, Donnelly, and Manchin.
I have also heard from people across Washington State and the country
about what a broken mental health system means for them and their
families. One constituent whose experience has really stuck with me is
Jenny. Jenny is from Olympia, WA, and she was pregnant when her husband
began having severe psychotic episodes. Jenny told me that she
remembered how striking the differences were between the coordinated,
thoughtful care she received as an expectant mother and the confusing
patchwork that she and her husband had to navigate to try to help him
get better. Jenny's husband cycled in and out of the hospital without
effective treatment, and tragically he took his own life while Jenny
was in the NICU with their newborn baby.
Jenny's story is unfortunately one of many about families struggling
to find quality mental health care for loved ones with mental illness.
I am confident that everyone here today has heard these stories, and we
know we have to do better.
Our legislation will help expand access to quality care for mental
illness and substance use disorders by making it easier for patients to
get in touch with providers. It will strengthen coordination between
local agencies that are engaged in crisis intervention, and it will
make sure that resources are available to strengthen the mental health
workforce.
While we weren't able to resolve the IMD exclusion, which is a policy
that makes it extremely difficult for States to provide inpatient care
to those with mental illness and substance abuse disorders, this bill
does change policy so that Federal funding will fully support the
physical needs of children in psychiatric facilities.
It also puts in place measures to strengthen our mental health parity
law to make sure that health insurance will cover mental health and
addiction services when it is needed. Chairman Alexander and I worked
with Senators Murphy and Cassidy to move this legislation through our
committee this year, and I wish to recognize their commitment and
leadership on this issue in particular.
In addition to investing in and tackling the opioid epidemic and
putting in place desperately needed reforms to our mental health care
system, this legislation makes real investments in tackling the hardest
to treat diseases. According to the National Cancer Institute at NIH,
40 percent of men and women in the United States will be diagnosed with
some form of cancer in their lives. Right now, more than 5 million
people are living with Alzheimer's. These are truly staggering
statistics, and they represent enormous hardship and suffering and loss
in nearly every family and community.
Now we have made enormous progress in understanding and treating
cancer, and we know more about how the brain works and what diseases
like Alzheimer's and Parkinson's and traumatic injuries do to human
minds, but we can and must do more, and that is exactly what the
investments in NIH in this bill will mean.
While this is not the mandatory funding we had hoped for, I want to
be very clear: This is real funding. So $4.8 billion is paid for within
this bill, targeted to specific NIH initiatives, and available to
appropriators above and beyond the budget caps. That means, as a result
of this legislation--and thanks, in particular, to the leadership and
vision of Vice President Biden--we will be able to invest billions
right
[[Page S6727]]
away in better understanding, preventing, and treating diseases that
have impacted so many families.
This bill also ensures that those investments in research will
benefit all Americans, including women and children, LGBT individuals,
and racial and ethnic minorities.
This bill also puts $500 million above and beyond the budget cap
toward helping the FDA meet the same high standards of patient and
consumer safety in the face of increasing demands on the agency and new
responsibilities under this legislation. As Democrats have made clear
throughout this process, upholding the gold standard of FDA approval
that patients and families across the country trust is a top priority.
In light of the antibiotic-resistant infections linked to
contaminated medical devices called duodenoscopes in Seattle and across
the country, it was particularly important to me to make sure that this
bill strengthened the FDA's authority to require that medical device
manufacturers ensure their products will remain safe after they have
gone into repeated uses at our hospitals.
We also fought hard to move many of the other FDA reform policies
that are included in this bill in the direction of greater patient and
consumer safety. In particular, I was pleased that we were able to take
out legislation that would have watered down transparency around drug
and device industry payments to doctors, and I appreciate my colleagues
on the other side of the aisle who were ultimately willing to work with
us to make those changes.
Now, looking ahead to next year, I plan to monitor implementation of
this bill extremely closely, with a focus on making sure the incoming
administration adheres to the policies laid out in this bill and
upholds the FDA's responsibility to patients and families to ensure our
medicines and treatments are safe and effective. This standard has been
critical to fueling biomedical innovation in America for over half a
century. And while I am disappointed that Republicans were unwilling to
take action on this legislation to tackle the high cost of prescription
drugs, I am very glad we were able to remove expensive provisions that
could have driven up costs for consumers even more.
While this bill is not what I would have written on my own, it is
certainly not what my colleagues on the other side of the aisle would
have written on their own, either. It locks in critical advancements
ahead of the incoming administration and the partisan approach they are
signaling they will take on health care, and it will make a real
difference for patients and families across the country now and for
years into the future.
Before I wrap up, I want to acknowledge the extraordinary time and
effort put in by all of our staffs. There have been a lot of late
nights and weekends for our staffs, not just this year but last year as
well on this bill, and I want to take just a minute to recognize their
extra effort and sacrifice.
On Senator Alexander's staff, I want to particularly acknowledge and
thank his staff director, David Cleary, as well as Mary-Sumpter
Lapinski and Grace Stuntz, his health and FDA policy leads, who worked
very closely with my staff over many months. I also want to acknowledge
and thank Margaret Coulter, Brett Meeks, Laura Pence, Melissa Pfaff,
Kara Townshend, and Elizabeth Wroe for their efforts on this bill.
In the House, I want to recognize and thank the staff of Congressman
Pallone, including his staff director, Jeff Carroll, along with Tiffany
Guarascio, his health policy lead. I thank the staff of Chairman Upton,
particularly his staff director, Gary Andres, and Paul Edattel, his
health policy lead.
In addition, I thank the staff of my members on the HELP Committee,
who worked so closely with my staff to make this a reality. In
particular, I thank David Bonine and Joe Dunn with Senator Murphy.
I want to acknowledge the assistance of Amy Rosenbaum, Jeanne
Lambrew, Kate Mevis, and Dr. Francis Collins, among many others within
the administration who helped make today possible.
Finally, I want to close by thanking my staff. I can't say enough
about my incredible staff, who have put their time and talents into
this bill from the word ``go.'' In particular, I thank my staff
director, Evan Schatz, and my health policy director, Nick Bath, for
their extraordinary efforts on this legislation. Thank you.
I would also like to acknowledge the hard work of Remy Brim, Julie
Tierney, Andi Fristedt, Colin Goldfinch, Melanie Rainer, Madeleine
Pannell, Megan Howard, Elizabeth Wagner, Wade Ackerman, Kalah
Auchincloss, Jane Bigham, Helen Hare, Eli Zupnick, John Righter, Nick
McLane, and my chief of staff, Mike Spahn. I want you to know that I
noticed their long hours and unwavering commitment on this legislation.
It means a lot.
I urge my colleagues to join the House when we vote on this, which
voted overwhelmingly in support of this bill--392 to 26--and to join us
in sending this legislation to President Obama's desk.
Thank you.
Mr. President, I yield the floor.
The PRESIDING OFFICER (Mr. Cruz). The Senator from Mississippi.
Mr. WICKER. Mr. President, before the distinguished Senator from
Washington moves on to her other duties, I want to commend her and
Senator Alexander for the outstanding job they have done and for the
long hours she and her colleagues on the HELP Committee have put in to
making the Cures Act the reality that it will be in a few days.
I know the distinguished Senator is on her way to other meetings. I
have a few things to say about it, but I want to express that before
she leaves the Chamber.
Truly, as Senator Murray said, the 21st Century Cures Act is a world-
changing piece of legislation. It seems rather quiet and unremarkable
today, but I actually believe we are taking a major step toward disease
cure and health care research that rivals the legislation which
actually founded the National Institutes of Health some decades ago. So
we are about important business here at Christmastime as we near the
end of this lameduck session.
Senator Blunt and I and perhaps other Senators were over in the
Chamber of the other body last Wednesday afternoon when the House of
Representatives passed the 21st Century Cures Act by an overwhelming
bipartisan vote, 392 to 26. I appreciated the work House leaders did
from top to bottom and on both sides of the aisle on this important
legislation.
Of course, I am always pleased to visit my colleagues over there. A
number of our House colleagues were over here last night when the
Senate invoked cloture on the Cures Act by an overwhelming vote of 85
to 13. We will get to the vote either this afternoon or early tomorrow,
and I have every confidence that there will be a strong vote on final
passage.
The 21st Century Cures Act is the product of several years of
bipartisan work in both Houses. My friend from Washington State gave a
comprehensive overview of the legislation, which is indeed
breathtaking. I wish to come behind her and mention what an
accomplishment this is in three areas--first, in Alzheimer's research;
second, in pediatric research; and finally, in the drug approval
process.
I appreciate my friend from Washington and 62 others agreeing to take
into this legislation the EUREKA Act, which I was happy to sponsor and
which 62 of my colleagues cosponsored. EUREKA would and will initiate
prize competitions in the fight against some of our Nation's most
terrible diseases, including Alzheimer's. These prizes would pay only
for success, and they would complement current funding that is and will
be ongoing, according to the legislation. So this will be over and
above what we are already doing for Alzheimer's. The Senator from
Washington is correct about how costly Alzheimer's is. It will top $1
trillion in taxpayer cost by the year 2050 unless we get a cure or
unless we achieve major goals with regard to stopping Alzheimer's. So
it is an expensive disease--the most expensive disease in the history
of this country--but it is also terribly expensive in terms of human
suffering. I know many Americans, including my family, have been
touched in a very terrible and dramatic way by Alzheimer's.
I am pleased that the EUREKA prizes are part of this legislation. I
want to thank everyone who helped us in this regard.
[[Page S6728]]
I am thankful for the advice we got from the XPRIZE Foundation and
from all of the Alzheimer's groups, including the Alzheimer's
Association and UsAgainstAlzheimer's.
Thanks should also go to Dr. Francis Collins and the entire team at
the National Institutes of Health for making this legislation work and
for listening to a different idea--the concept of prizes for health
care research--and giving it an attentive ear and being willing to
agree that, in addition to the funding, we would attack these diseases
with a prize competition.
The NIH funding in Cures includes additional dollars for the BRAIN
Initiative, and these EUREKA prizes will ensure that our researchers
have the tools they need.
Secondly, another important part of the NIH section of the Cures Act
is the National Pediatric Research Network, inspired by the Pediatric
Research Improvement Act that I was happy to cosponsor with Senator
Brown earlier this year. Senator Brown and I have been working together
tirelessly to see NIH implement the National Pediatric Research
Network, and I am glad to see this provision in the bill. Very simply,
the goal is to expand access to clinical trials and treatments for
children, especially those with rare diseases. That is a second aspect
of this Cures bill that I am so pleased to see the leadership of this
committee being attentive to.
Thirdly, this bill makes major breakthroughs in the way we approve
drugs in this country. I am pleased that language from another bill I
cosponsored, the Patient-Focused Impact Assessment Act, was included in
the bill. This section of the Cures bill would ensure that patients
understand the way FDA considers the patient experience and the way FDA
considers data in the drug approval process. So for patients like those
living with Duchenne and their families, for people who are interested
in the drug approval process, and for the parents of children, this is
a truly bipartisan achievement.
I am happy that Senator Murray was here so I could congratulate her
in person. Certainly Senator Lamar Alexander, chairman of our HELP
Committee, deserves high praise from both sides of the aisle for his
leadership in this regard, as well as the bipartisan leadership of the
House of Representatives.
As we enter this holiday season, patients, advocates, and providers
have an extra reason to rejoice as this bill heads to the President's
desk.
Mr. President, I yield the floor.
Order for Recess
Mr. WICKER. Mr. President, I ask unanimous consent that the Senate
stand in recess, following the remarks of Senator Casey, until 2:15
p.m. today.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. WICKER. Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Pennsylvania.
Mr. CASEY. Mr. President, I ask unanimous consent to speak as in
morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
Tributes to Departing Senators
Mr. CASEY. Mr. President, in the interest of time, I will limit my
remarks.
I rise this afternoon to commend and salute three Senators from the
Democratic caucus who are leaving the Senate this year. I will have
longer written statements for the Record to appropriately pay tribute
to their service. In alphabetical order, Senator Boxer of California,
Senator Mikulski of Maryland, and Senator Reid of Nevada.
Barbara Boxer and Barbara Mikulski
I will offer some specific remarks about Leader Reid, in the interest
of time, but I do want to commend and salute Senator Boxer for her
service to the people of California and to our Nation, as well Senator
Mikulski for her great work--two great advocates, two individuals whom
we are going to miss terribly here in the Senate. As I said, I will put
longer statements in the Record.
Harry Reid
With regard to Senator Reid, I can't help taking the time to say a
few words about him in the remaining minutes we have before we break
for the caucus lunches.
Mr. President, as many people know, Senator Harry Reid is a son of
Searchlight, a small community in the State of Nevada, and he comes
from humble beginnings. It is probably best to read his words about his
beginnings rather than trying to describe or encapsulate them. Among
many things he said about his background and his family, he said this,
in short fashion, about his background:
My dad was a hard rock miner. My mom took in wash. I grew
up around people of strong values.
That is a direct quotation from Harry Reid about his background. I
think those values have helped him his whole life. Those values, that
work ethic, and that strength of character allowed him to go from
Searchlight to rise up to become a leader in his home State of Nevada
in many positions in State government, to be a Member of the United
States House of Representatives, later to be elected to the United
States Senate in 1986, and then, of course, to become the Democratic
leader--and he remains so until the end of this Congress--but, of
course, the pinnacle was his service as majority leader, one of the
longest serving majority leaders in our history. That is kind of a
summary of his positions in government, important though they are,
leading a large and diverse caucus. It is a difficult job whether you
are leading that caucus in the majority or leading it as the minority
party. So we salute and commend his service to his home State of Nevada
and to the people of the United States.
But maybe more important than just talking about positions he held is
to talk for just a minute about who he is--a fighter. No person has
fought harder for workers and for their families than Harry Reid. No
Senator, no person I know in public life, has made that such a central
part of who they are and a central part of their priorities, also, at
the same time, being a fighter for those who often don't have a voice
here--people who don't have power ever in their lives or often don't
have power on a regular basis. They always had a friend in Harry Reid--
someone who would go to the end of the Earth fighting on behalf of
them.
Over and over in our caucus, he would say: We have to work on this
issue, or we have to get this or that done for people who are hurting.
There are so many different examples of that, which we don't have time
to enumerate them today.
I am recalling today a great line from a great Democratic leader,
William Jennings Bryan, who talked about the power of one individual to
make a difference and the power of an issue or set of issues to drive
that person's success in public life or even beyond public life, as a
citizen. William Jennings Bryan once said: ``The humblest citizen in
all the land, when clad in the armor of a righteous cause, is stronger
than all the hosts of error.'' So said William Jennings Bryan about one
citizen clad in the armor of a righteous cause.
Harry Reid is a Senator and he has been a leader, but he is also a
very humble man at his core. His righteous cause wasn't just one issue,
but if you had to encapsulate it or summarize it, the righteous cause
for Harry Reid was fighting on behalf of those workers, fighting on
behalf of those people who did not ever have power in their lives.
His ability to not just articulate their concerns and their struggles
but literally their hopes and their dreams was one of the reasons why
so many of us have such a high regard for him. We commend and salute
his service. We appreciate his commitment to strong values, but we
especially appreciate his steadfast support for those who needed his
voice, who needed his work, who needed his votes, and needed his
leadership.
To Senator Reid, we say thank you for your service, thank you for
what you did for your home State of Nevada, and thank you for what you
did for the United States of America.
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. CASEY. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
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