tv US Senate CSPAN March 3, 2016 4:00pm-6:01pm EST
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the presiding officer: the senator from maryland. mr. cardin: i would ask unanimous consent that the quorum call be dispensed with. the presiding officer: without objection. mr. cardin: mr. president, i take this time to explain four amendments that i have filed that i would like to make pending on s. 524. i understand that we're in a position now that we need consent in order to have these amendments pending and i'm not going to ask in a consent but i
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will explain the four amendments in the hopes that i will have the opportunity to present these amendments and have them considered by the full senate. i know that leader mcconnell wants an open amendment process. i think all four of these amendments are very much relevant to the underlying bill, which is aimed at authorizing the attorney general to address the national epidemics of prescription opioid abuses and heroin use. the first amendment i would like to talk about is an amendment that i'm joined by senator cornyn, amendment number 3421, which would allow grants for 24/7 treatment centers. i am proud to join my colleague, senator cornyn, in this amendment which clarifies that grants under section 301 of cara may be awarded for the establishment and support of treatment centers that operate 24 hours a day, seven days a week to provide immediate access to behavioral health services.
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the epidemic of opioid abuse addiction impacts every state in our country, and many of us know individuals and families who have been deeply affected by this tragic crisis. heroin and opioid drug dependency has more than doubled in maryland over the last decade. the number of deaths related to heroin and opioid drug dependency has increased by more than 100% in the last five years. in 2013, there were 464 heroin-related overdose deaths in maryland, greater than the number of homicides. some parts of maryland had the highest per-capita rate of heroin and opioid drug use in the united states. in some states it is estimated that one in ten citizens are addicted to heroin. improving access to behavioral health care, meaning both mental health and substance abuse treatment, is essential in combating this epidemic.
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according to the national alliance of mental illness, more than half of the individuals with substance use disorders also have at least one serious mental health condition. there is often a small pointed of opportunity for getting an individual with substance abuse or mental health issues into treatment. the treatment cannot be provided on demand. often the opportunity is lost. allowing grants for the establishment and support of 24/7 treatment centers providing behavioral health services on demand will help ensure those individuals in need have access to behavioral health services at the time they need it. i would ask my colleagues to join me in helping getting this amendment pending and passed. it's a bipartisan amendment, as i said, and i'm joined with senator cornyn in presenting to our colleagues. the second amendment, mr. president, is pretty simple. it's a -- it requests a g.a.o.
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report on price increases. i'm pleased that this amendment that i would offer would require a study in the most recent dramatic increase in the price of income tax ol own. -- income tax -- of this medicine. the cost per dose in baltimore has quadrupled over the past two years, quadrupled in two years. this g.a.o. would study the impact of the ability appear of local health departments to reduce the number of deaths due to opioid overdose. it's a pretty simple amendment, and i would hope that we could get a pending included in this legislation because i think it would save lives. the next amendment i'd like to talk about is one that is again a bipartisan amendment that is being offered with senator heller that would repeal the therapy cap. i was in the house of representatives when the therapy cap was imposed on -- on
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therapeutic rehab services. it was put in in the budget act of 1997, and it imposes an annual limit on outpatient physical therapy and speech language pathology services as well as occupational therapy services. the decision to impose those caps was not based upon data. concerns about quality of care or clinical judgment. the sole purpose was to limit spending in order to balance the federal budget. mr. president, i was in the ways and means committee room when chairman thomas brought this issue up to include in the balanced budget act. i asked the question why are we doing this? he said well, we need these dollar amounts to equal the numbers. i said what's the policy reason? none could be given. these arbitrary caps created unnecessary and burdensome financial barrier to medicare beneficiaries who rely on essential rehab services such as
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physical and occupational therapy to live healthy and productive lives. chronic pain, which is defined as pain that lasts for several months, in some cases years, affects at least 116 million americans each year. physical therapy plays an important role in managing chronic pain. recently the center for disease control and prevention published draft clinical guidelines on the use of opioids for chronic pain, making it clear nondrug approaches such as physical therapy are preferred treatment paths for chronic pain. approaches such as physical therapy have been underutilized and therefore can serve as a primary strategy to reduce prescription drug medication abuse and improving the lives of individuals with chronic pain. so i would urge my colleagues to join me and senator heller to permanently repeal the therapy cap and ensure that medicare beneficiaries including those suffering from chronic pain continue to have access to medically necessary outpatient
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physical therapy services. and, mr. president, the fourth amendment that i would like to offer is entitled -- is in title 4 of this legislation, and it addresses the so-called collateral consequences. section 402 establishes the attorney general on consequences. it refers to disadvantages experienced by an individual because of a criminal conviction, but it is separate from the court's judgment or sentencing. the commission will study these consequences and whether they affect the ability of an individual to resume their personal and professional lives. in other words, we're talking about reentry into society. but we do not have to wait for the results of a commission to take action to ameliorate one of the collateral consequences of a criminal conviction. here i'm talking about the fundamental right to vote. an estimated 5.85 million
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citizens cannot vote as a result of criminal convictions and nearly 4.4 million of those have already been released from prison. 4.4 million people are in our community and denied the right to vote. nationwide one in 13 african-americans of voting age have lost the right to vote, a rate four times higher than the national average. latino citizens are also impacted in an extreme way because of disproportionately overrepresented in the criminal justice system. states have vastly different approaches to voting criminal convictions. this patchwork of state laws has caused confusion among election officials and the public, sometimes resulting in the disenfranchisement of even eligible voters. some of these state laws are holdovers from the era of jim-crow laws where even a misdemeanor conviction could take away an individual's right to vote. in some cases the right to vote is lost permanently with no ability for rehabilitation. this is just plain wrong.
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the amendment i would like to offer would provide much-needed information into the hands of citizens returning from incarceration. my amendment would direct the justice department to provide to individuals released from custody of the bureau of prisons information regarding their ability to vote following release. requiring noiftion to individuals on the -- note fill indication to individuals on the impact when they accept a plea agreement and requires the department of of justice to report on the impact of federal and state criminal disenfranchisement laws on minority populations including data on voter disenfranchisement. my amendment does not change existing federal or state voting rights law. it requires the justice department to provide additional information to ex-offenders upon release from prison and make sure defendants are aware of their voting rights when accepting a plea agreement. the department of justice study
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can provide us additional information on the patchwork of state and federal disenfranchisement laws which congress and the states can use to make further changes in statute. i would urge my colleagues to have a process where this amendment along with the other three that i've just discussed can be made pending so that we can vote on these amendments. i think they all would improve the underlying bill. it is certainly consistent with the majority leader's commitment for an open amendment process, and i hope there will be a way that i will be able to offer these amendments and the full senate will be able to vote on these amendments. with that, mr. president, i would yield the floor. the presiding officer: the senator from ohio. mr. brown: thank you, mr. president. earlier this week and last week i joined a number of my colleagues on the floor and spoke at length about the need for my, for our fellow senators
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on the other side of the aisle to do something simple, to do their jobs. we all -- the presiding officer: the senator does not have his microphone on. mr. brown: thank you, senator cardin, for reminding me of that. and i thank the presiding officer. earlier this week and last i spoke at length about the need for my colleagues on the other side of the aisle to do their jobs and move forward with hearings and a up-or-down vote on whomever the president nominates to the supreme court. the outcry from the public continues from every corner of our justice system. let's just recount quickly what happened after the tragic, or untime little death of justice scalia. within an hour or so the republican leader of the senate said pretty much to the president of the united states, don't bother sending up a nominee. history suggests that we won't do this in the last year of the presidency. we're not going to do hearings. don't even bother. well, other republican senators, sort of like one bird flies off the telephone wire, they all fly
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off a telephone wire. one republican senator after another, first they said no hearings. then they said after the majority leader said that he would not meet with, even meet with a prospective, with a nominee, other republican senators said they wouldn't meet with nominees. just imagine that. we work hard to run for these offices. it's hard to get to the senate. when we win, a month and a half, two months later we raise our right hands, take an oath of office. we get paid to do our jobs. but they're just not doing their jobs. their job, the constitution says the president shall, shall nominate to fill a vacancy in the supreme court. and the constitution says the senate shall advice and consent. not except in the last year of the presidency, of the president's term. not only if we feel like it. and we're just saying to our senate colleagues, america says to senate republicans, do your
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job. it's pretty simple. we're not saying you have to vote for the president's nominee. standably, you may not -- understandably you may not want to but at least meet the nominee, hold hearings on the nominee and then let's bring it to the senate floor and have a debate and vote up or down. earlier this week i quoted from four u.s. attorneys from my state of ohio, washington state, california and virginia. they wrote it's unfair and unsafe to expect good federal agents, public and police and prosecutors to spend more than a year guessing whether their actions will hold up in court. these are criminal prosecutors, u.s. attorneys saying this, how important it is that ultimately when something goes to the supreme court there won't be a decision made because there's an odd number of justices. the last time there was a one-year vacancy which is what mitch mcconnell, the republican leader, is calling for, the last time there was a vacancy for as long as a year on the supreme court was 150 years ago and that was because we were
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at war. it was during the civil war. it's unprecedented to do what they're doing. when tuesday former ohio court of appeals judge mark be painer wrote an op-ed in the very conservative, very republican cincinnati inquirer sharing some of the same concerns. he wrote it would be irresponsible and unprecedented to let a vacancy in the court extend into 2017. if congress fails to act, the supreme court will go two terms -- two terms, well over a year, with a vacancy. the court will hear significant cases in the coming months and issue rulings that will impact everyday lives. as a judge for 30 years, i learned it's important for the law to be settled. settled, not held in abeyance, not deadlocked, but settled. it's why we have an ultimate arbiter, ultimate supreme court. uncertainty is bad for businesses, for individuals and for commerce. two court terms of possible 4-4 votes would be a nightmare writes this judge of 30 years.
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there's no precedent for causing this damaging uncertainty. the only reason is politics. senator mcconnell, the same republican leader who some years ago said my number-one political goal is to keep barack obama from being reelected, not my number-one goal is to help improve the economy or to help wages go up or to preserve our freedom or security from attack or economic security or families. my number-one goal is to make sure barack obama isn't reelected. then this same crowd shut down the government in 2013. after barack obama was reelected, they didn't like that, understandably, but then they shut the government down. not understandable. now they want to shut the supreme court down by locking it in with an even number where we'll see 4-4 votes. i'll conclude with judge painer pointed out americans elected barack obama to a four year term
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"the nomination is to fill the seat of supreme court justice scalia. it's bigger than party or politics. there's no doubt that scalia himself would interpret the constitution as requiring a nomination and vote. that is why barack obama will do the job the american people elected him to do. under our constitution, he writes, we elect presidents for four-year terms. obama has almost a quarter of his term left should the process of government stop for a year? should the process of government stop for a year? it should not. my colleagues, pure and simple, ought to do their jobs. they ought to meet the nominee. they ought to hold hearings. they ought to give an up-or-down vote to whomever the president nominates. let's do our jobs. mr. cardin: mr. president? the presiding officer: the senator from maryland. mr. cardin: mr. president, i just want to join my colleague from ohio, senator brown, in his message about our responsibility to do our job. very simple. do our job.
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do what the people of our state elected us to do. senator brown is absolutely correct. in article 2, section 2, of the constitution, it states the president shall nominate, and by and with the advice and consent of the senate, shall appoint judges of the supreme court. the last time i checked, the president was elected for a term of four years, not three years two months. we still have ten months left of president obama's presidency. there is plenty of time for the senate to consider his nomination for the supreme court of the united states. i find it shocking that my colleagues would suggest even before the president has submitted a nomination that the senate would not conduct hearings or consider the nomination of the president to the supreme court even though that is our constitutional
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responsibility and even though we were elected for a six-year term. the last time i checked, we were in session until the end of this year. we don't adjourn in march of the year. we have ten months left in office. the president does. and senators will -- we should do our work, do our job. i think the american people will ultimately demand that the senate does its job and not threaten to stop working simply to coddle and pander to the most extreme elements of its base. senate should look at the constitution and the history and precedents of the senate on how to proceed. i say that, mr. president, because if we do not hold a hearing on president obama's nomination for the supreme court, it will be the first time in the history of the united states that a nominee who requested a hearing is denied a hearing. the first time ever.
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this is a matter of what is the appropriate role of the constitution in the united states. we all took an oath of office to uphold the constitution of the united states, and it's our responsibility to respond with a serious effort. the majority leader said that when we get a nomination, we should act with dignity. well, we're not acting with dignity if we don't hold a hearing. let me remind you that the last time a president nominated in an election year of the opposite party, president reagan's nomination of justice kennedy was considered by the democratic-controlled senate and approved by the democratic-controlled senate. and let me also remind you there have been times where nominees of the president have not been approved by the judiciary committee. they have still come to the floor of the united states senate for action. justice thomas was approved by a
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majority vote of the senate even though he was not recommended by the judiciary committee, and it was short of the 60-vote threshold, which means that if the democrat majority wanted to filibuster, they could. but it has never been filibustered, a nomination to the supreme court of the united states. so we're on uncharted waters here, what the republicans are doing. we have separation of branches of government. that's the history of our country. that's the democracy in which we live. it's our responsibility to preserve that. we, the legislative branch of the government, has the responsibility to advice and consent, independent judiciary, the supreme court operates with nine justices, not with eight. it is an abuse of power of the majority in the united states senate, the republicans, to say
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that we're going to reduce the supreme court of the united states to eight by inaction. and what happens when you have conflicting decisions made by different circuits, and the only court that can determine the law is the supreme court in its interpretation, and they're 4-4 deadlocked. if we do not take up this appointment and we go the full year into next year, there will be two terms in the united states supreme court without the full complement of justices. mr. president, do your job, my colleagues. it's all we have to do. you don't have to vote "yes." vote. have a hearing. have the courage to vote "yes" or "no" on the president's nominee. you're saying we're not even going to get a chance for a hearing or vote and you don't even know who the nominee is. that's just plain wrong, and i think the american people will speak with a clear voice and say
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that that is just not what the united states senators should be doing. and i hope that the leadership, the republican leader will provide the dignity of the united states senate, hold hearings and allow the full senate to vote up or down on the president's nominee for the supreme court. with that, mr. president, i would yield the floor. a senator: mr. president? the presiding officer: the senator from new mexico. hive. mr. heinrich: i ask unanimous consent to speak as if in morning business. the presiding officer: without objection. mr. heinrich: mr. president, addiction to prescription opioid pain relievers, and for that matter, heroin, is a growing public health epidemic that's taking a heartbreaking toll on families and communities in every state of this country. in 2014, more than 47,000
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americans died because of prescription opioid and heroin overdoses. this crisis is very real in my home state of new mexico. for years without adequate treatment resources, communities in my state have suffered through some of the highest rates of heroin and opioid addiction in the country. far too many new mexico families have lost loved ones, and many more are struggling to find treatment and recovery resources for a father or a mother, a son, a daughter, or for themselves. two weeks ago i visited the espanola county in rio uriba county, which is largely rural and has predominantly hispanic and tribal communities, is filled with beautiful mountain and desert landscapes, the kind of places that attract artists and visitors from around the
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world. families from rio uriba from spanish settlers who came to new mexico in the 160's' and to indian pueblos and tribes that lived in this region for a millenia. but tragically rio uriba has been home to the highest rates of heroin addiction and overdose deaths in the nation. in fact, between 2010 and 2014, the county's overdose death rate was more than five times the national average. this is not only tranlic, it's simply unacceptable. just last month, i convened a round table discussion in the area with u.s. department of health and human services region 6 director marjorie petty and a number of local stakeholders including the rio uriba community health council. we gathered at the delancy
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street foundation to discuss ongoing efforts and ways to better address the heroin and prescription drug crisis in my state. what i heard loud and clear from public health officials, from law enforcement, first responders, and probably most importantly from people who have coped directly with this addiction is that this crisis is hitting entire communities and hitting them hard. everyone knows a family who has a child suffering to addiction or is in recovery, and many have literally lost loved ones to drug-related deaths. for decades, drug addiction and substance abuse have been passed down general rawings t-- passedo generation. the introduction of prescription opioid pain medications like
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oxycodone and hydrocodone into the market over the last two decades have poured fuel on this fire, created even more cases of opioid abuse and heroin addiction. these prescription opioid pain medications, which are so chemically similar to heroin, have produced whole new on ramps into the highway of addiction. in many instances, by the time someone has finished their first prescription drug treatment, they're literally already hooked. so they turn to purchase new pills, legally or illegally, either through a new prescription, through other means. and when they can't afford the pills anymore, all too often they turn to heroin. overprescription of opioid drugs and the widespread trafficking of lethal black-tar heroin have
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both contributed enormously to the ongoing public health crisis in new mexico and now across our nation. and the statistics alone should get our attention. from 2002 to 2013, opioid-related deaths quadrupled nationally. drug overdoses were the leading cause of injury death in 2013. among americans ages 25 to 64 years old, drug overdoses caused more deaths than motor vehicle crashes. think about that. over the same period, new mexico families and communities have borne the brunt of this epidemic. between 2011 and 2013, new mexico ranked second nationally for drug overdose deaths. and it is getting worse by the year.
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more new mexicans died of drug overdoses in 2014 than in/other year on -- than in any other year on record. due to drug poisoning, due to deaths from prescription opioids and heroin overuse. but rather i guess than to focus solely on these statistics, i want to talk a little bit about some of the people that i met in my visit to rio uriba county because i think it puts a much more human and real face on the very nature of this problem. jesus toured me around delancy street. the delancy street foundation is a self-help rehab foundation that helps former substance abusers, ex-convicts, and others
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who have literally hit rock bottom turn their lives around, get clean, and learn academic and vocational and life skills. residents have to commit to a minimum stay of at least two years and during that period a comprehensive treatment program often produces dramatic results. delancy street's facility is located on a 17-acre large. residents there learn vocational skills to get jobs in livestock management, culinary arts, retail sales, construction, waste water management, and landscaping. jesus came to delancy street after getting caught up using and selling pills and heroin in the espaniola valley. he suffered through alcoholism and substance abuse n2011, when
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a judge gave him the option of going to delancy street instead of serving a nine-year prison sentence, he took the chance. through a long process, he received treatment, he learned how to cope with his addiction. jesus stayed at delancy street long after his commitment and has taken on new responsibilities. he now serves as a mentor and for matter a role model to new residents. i met another man named josh. he is a peer-to-peer support worker at inside out recovery center in espaniola. he was born and raised in espaniola as the way of life in his community. when he was 14 years oaltd, a high school friend with a prescription for hydrocodone
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offered him some pills. josh quickly became addicted and over time his opioid addiction led him to the point where he was shooting seven grams of heroin a day, stealing from families, stealing from friends to pay thor that addiction, and going in and out of the prison system at the same time. at one point while going through withdrawal in a jail cell, josh was unable to eat for weeks. he literally lost over a third of his body weight. he remembers later attempting suicide in an act of des sper rawings to end his -- desperation in a. josh was introduced to the inside-out recovery center. he met a peer-to-peer support worker named alex who had done
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the same drugs and been through the same struggles. josh realized there was a way to stop using, and he turned his life around. he got clean. when a judge sentenced josh to probation instead of prison for an offense, he was released from jail and went straight to inside out and committed to treatment. he said it was the first time he'd been released and hadn't immediately returned to drug and alcohol abuse. at inside out, josh received peer support and learned conflict resolution and coping skills. he credits the program with actually saving his life. now that josh has his life back, he's working to help others in his community to get their lives back. finally, i want to tell you about rufus.
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rufus is a 22-year-old navajo and hopi man. when i met him during my visit, he was getting ready to graduate from his treatment at new moon lodge treatment facility. new moon lodge is a residential addiction streement center that serves clients from new mexico's american indian communities. although the center treats different types of substance and addiction abuse, including alcoholism, recently they have seen many more cases of opioid and heroin addiction. rufus' addiction to opioids began when he was prescribed hydrocodone to help with a hand injury he received when he was 16. he became addicted and once his prescription ran out, he turned to buying pills illegally, moved up to higher dosages, and eventually moved on to heroin. he got expelled from high school
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his senior year and fell even deeper into this addiction. after years of use and going in and out of jail for ver just offenses -- various offenses, rufus came before the milwaukee tribal court last year and was given the option to go to new moon for treatment. new moon helped him see the person that he could be without the drugs. rufus was graduated from his treatment at new moon last week. now he is looking forward to building a stable home life for his girlfriend, his baby, by going back to school, by getting his g.e.d., and to work towards being a mechanic or an artist. i tell these stories to demonstrate that when we provide an opportunity to receive comprehensive treatment, to receive rehabilitation, people who have suffered through the trials of opioid addiction can
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turn their lives around and help their communities heal in the process. but, sadly, in addition to hearing these success stories, i have heard far too often that people who are looking to get help have absolutely nowhere to go. particularly in new mexico's rural tribal and impoverished communities, there is a severe lack of access to proven treatment and rehabilitation resources. we desperately need more detoxification centers, more transitional housing facilities, more outpatient services and more behavioral health facilities. we as a nation are not doing even close to enough to provide adequate treatment facilities and resources to communities like those in the espaniola valley that are struggling to meet the challenges of the growing heroin and opioid addiction crisis.
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that, mr. president, is why i am a cosponsor of the comprehensive addiction and recovery act championed by our colleague senator shell done whitehouse and rob portman. this legislation provides a series of incentives and resources designed to encourage states and local communities to pursue a full array of proven strategies that combat addicti addiction. to ensure that this effort meets the needs of rural and tribal communities, like those in new mexico, i introduced a bipartisan amendment with my friend, the senior senator from wyoming, senator mike enzi, to require that rural health professionals are included in the pain management best practices interagency task force created by this legislation. but frankly, in order to truly provide local communities the tools they need to tackle this crisis head-on, we need funding.
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which is why i'm also cosponsoring emergency funding legislation championed by my colleague senator jeanne shaheen of new hampshire to provide supplemental appropriations of $6500 million. i understand that senator shaheen's efforts to include her funding legislation as an amendment failed to get enough votes this week. which frankly i find deeply disappointing. but i think that the comprehensive addiction and recovery act is still a good first step towards addressing this epidemic. and you can be sure that i will continue to fight to address it here in the senate and back in new mexico. addiction is a disease that can happen to anyone. it transcends region, it transcends race and gender and socioeconomic status. and it is a vicious cycle that we've seen all too frequently in
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the presiding officer: the senator from delaware. mr. coons: mr. president, in a day -- the presiding officer: the senate is in a quorum call. mr. coons: i ask unanimous consent that proceedings under the quorum call be vitiated. the presiding officer: without objection. mr. coons: mr. president, in a day that was sadly often marked by partisan differences, i thought i would take a moment near the end of this legislative day and simply remark on something where there has recently been some bipartisan progress and i think is worthy of some brief comment. today is the third annual world
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wildlife day, something declared by the united nations and something that will soon be celebrated in another place on this capitol complex by a wide range of organizations from all over the united states and the world who are dedicated to preserving wildlife in places in the world where it's under distinct pressure. this is the third annual celebration of world wildlife day first declared by the united nations. and i just wanted to remark briefly that a bipartisan delegation of this senate recently went to southern africa. it was led by senator flake of arizona, senator cardin, the ranking member of the foreign relations committee; senator cochran, chairman of appropriations, and i had an opportunity to meet with leaders of four different countries, folks who are working tirelessly to try and contain what is an epidemic of poaching that has reached nearly catastrophic levels, nearly 100 elephants are killed every day now so that their ivory tusks can be sold on
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the black market at prices higher than heroin or gold. in 2014 alone, more than 1,000 rhinoceroses were illegal killed in south africa, a 9,000 percent nct in the poaching -- increase in the poaching of rhinos since 2007. this is of concern not just because of the loss of these species but because it is fueling a multibillion-dollar industry of organized crime that also traffics in drugs, in people, and in weapons and destabilizes critical parts of the world. so i just wanted to say that we have a chance to make real progress. there is a bipartisan bill, the end wildlife trafficking act, that senator flake and i have introduced and that i am hopeful senator corker and senator cardin as the chair and ranking of the foreign relations committee will take up, consider and mark up in our next business meeting. i do think that this offers us a real opportunity to show that we can come together to support the
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president's plan for combatting wildlife trafficking and that we can make a modest and responsible investment in helping countries on the other side of the world that are facing the same sort of scourge of lawlessness and violence that marks those places in america where drug trafficking is at its peak but where instead of the importation of illegal drugs, the actions that they are carrying out is the slaughter and the export of the pieces of killed animals, whether elephant tusks or rhino horn. ralph waldo emerson wrote adopt the pace of nature. her secret is patience. it is my hope with patience, persistence and bipartisanship we can celebrate this world wildlife day by doing something together to make progress in combatting the scourge of the illegal wildlife trafficking. thank you, mr. president. with that, i yield the floor.
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